Laserfiche WebLink
<br />1 PLANNING COMMISSION CITY MANAGER Demery Bishop, Vice Chair Diane Schleicher Ron Bossick Marianne Bramble PLANNING & ZONING MANAGER Julie Livingston Dianne Otto, CFM John Major Tyler <br />Marion, Chair CITY ATTORNEY David McNaughton Edward M. Hughes MINUTES Planning Commission Meeting December 16, 2014 Chair Tyler Marion called the December 16, 2014, Tybee Island Planning <br />Commission meeting to order. The other Commissioners present were Ron Bossick, Julie Livingston, John Major, Marianne Bramble and David McNaughton. Demery Bishop was absent and excused. <br />Chair Tyler Marion asked for consideration of the November 18, 2014 meeting Minutes. A motion to approve was made by Commissioner Livingston and seconded by Commissioner Bossick, vote <br />to approve was unanimous. Chair Tyler Marion asked if there were any disclosures or recusals. David McNaughton stated his recusal for Item 5, Text Amendment – consideration of new ordinance <br />pertaining to short-term rental properties. John Major stated that he has a disclosure on the same Item as he owns a short term rental. Marianne Bramble stated her recusal for Item 1, <br />Site Plan Approval, 211 Butler Avenue as she owns the neighboring property. Chair Tyler Marion stated that the Planning Commission is accepting applications for the upcoming term, 2 <br />years, and applications are available at the Clerk’s office. Those interested should submit their application by January 8, 2015 for consideration at the upcoming City Council meeting <br />on January 15, 2015. Old Business Commissioner John Major made reference to a variance request on 211 Lewis Avenue that was before the Commission on November 18, 2014. The Commission <br />did recommend approval of the request and when heard by the City Council on December 11, 2014 it was denied. At the time of denial, the City Council recommended that the applicable ordinance <br />be sent to the Commission for their review and comments. He referred to the Synopsis from that meeting and read his notes which he will forward to Ms. Otto. Ms. Otto stated that she <br />has prepared this item to be included on the next agenda, January 20, 2015. Commissioner Major thanked Ms. Otto. Chair Marion made reference to the 60 days in which the resident has <br />to become compliant. Ms. Otto responded that there is not an ordinance in place that states a time frame in which a resident needs to become compliant. New Business Commissioner David <br />McNaughton made reference to previous variance requests in which the Commission recommended approval: he asked where in the Code implied an unstated variance as his concern that if a <br />resident is requesting a variance they should be a filing a variance application. In the past the Commission did not see the request. Ms. Otto recommended that the City Attorney be present <br />for the discussion. She further explained that there is not an ordinance that states what he is asking. Ms. Otto then explained the procedure as <br />2 if the Commission approval a subdivision they are in fact granting a 55’ wide lot rather than a 60’ width. She will relay his concerns to the city attorney and get his recommendation. <br />Ms. Otto introduced Ed DiTommaso, Ecological Planning Group, who has been contracted as a consultant to handle the day to day operations of the Planning and Zoning Department due to <br />her retirement on January 2, 2015. Chair Marion asked Mr. DiTommaso the length of the contract. Mr. DiTommaso responded that the original contract is for three months and hopefully will <br />be extended beyond that period. This will also give the City adequate time to find a candidate for the position if they should decide to move in that direction. Commission Major thanked <br />Ms. Otto for her hard work and also complimented Mr. DiTommaso on his hard work previously with the City. Site Plan Approval – 211 Butler Avenue; Brent Palmer: Zone C-1: PIN 4-0004-08-004 <br />Planning and Zoning Manager Dianne Otto stated this location has the Funky Fish Retail Store with a duplex unit on the second level, residential. The proposal is to install an inflatable <br />waterslide along the north property line which is now used as parking. She explained that in their packet are various documents from the slide manufacturer providing specifications of <br />the proposed slide. Ms. Otto explained the parking requirements and the required protective screening or buffering from the abutting residential on the north and west sides of the property. <br />Commissioner Major confirmed with Ms. Otto that this is a site plan approval and made reference to the first reading of an ordinance outlining site plan approval. Ms. Otto confirmed <br />stating the mayor and council modified the first reading by modifying the longevity of an approval site plan from 12 months to 18 months. Second reading will be January 15, 2015. Commissioner <br />Major read from the current ordinance and stated based on that, the Commission is looking to verify that there are no conditions that would require a variance or special review. Ms. <br />Otto confirmed and outlined all the requirements in the staff report that is included in their packet. Commissioner Major also confirmed the buffer requirements as outlined in the packet <br />and asked why the property does not have those buffering requirements in place currently. Ms. Otto responded that at the time of site plan approval for the Funky Fish a landscape plan <br />was proposed and the plan was accepted for the site plan approval process. Currently, the applicant is complying with the basic requirements of the Code by showing the 8’ fence and the <br />5’ vegetation rather than proposing any alternate landscape plan. She confirmed that the landscape plan has been completed twice as it had become in disrepair and was brought into compliance. <br />Commissioner McNaughton asked Ms. Otto if this item is approved, would there be buffers on three sides and would a buffer need to be included on the fourth side. Ms. Otto confirmed that <br />there would be only three buffers. There was a discussion as to if this is a temporary or permanent structure. Ms. Otto explained that this is a permanent structure for their consideration. <br />Commissioner McNaughton stated that the top half of the Funky Fish is zoned residential, the Code requires a buffer between commercial and residential, how will this be handled if the <br />residential is on the top half of the building. Ms. Otto responded that the requirement is to buffer between the commercial and residential uses, however, this is a mixed use building <br />and in her opinion it is not necessary to impose a buffer as both commercial and residential are owned by the same individual. Commissioner Bossick questioned the dimensions of the proposed <br />slide as well as the curbing that is currently in place and how that would affect the buffering requirements. His second comment concerns parking and the actual flow of the amusement. <br />Ms. Otto responded that the engineer is present and would like him to address the curbing issue. She further explained that the City does not have a parking standard specific to this <br />amusement use. Ms. Otto explained how calculations were done and feels the applicant has met the requirements. Commissioner Major shared his concerns with the buffering of the amusement <br />as it is 34.9’ tall. Ms. Otto stated that the 8’ privacy screening will not shield the second half of the building. Chair Marion asked staff if this is the first example of buffering <br />and amusement that have come before the Commission. Ms. Otto stated that the most comparable item was the miniature golf course was going through the permitting process. Commissioner <br />Livingston questioned the definition of sustainable development relating to protecting the site as well as the definition for low impact commercial. Ms. Otto explained that low impact <br />would be an office building, something where the primary use is inside a structure and not outside. Commissioner Livingston then <br />3 made reference to the Code, Sec 3-220, Amusement Parks, asking if the Code has changed as the copy she has does not coincide with the on-line version. Ms. Otto responded that the Code <br />was adopted in January 2014. Commissioner Livingston added she has an outdated version. Commissioner Bossick posed questions regarding staircase and railings for the project. Ms. Otto <br />stated those questions will be answered during site plan review if moving forward with approval. Brent Palmer approached the Commission to answer questions. He explained that he owns <br />several slides and operates them successfully. Chair Marion posed several questions regarding the water for the slides as to the amount of water for the slide and where the water goes <br />at the end of the day. Mr. Palmer explained that the slide requires 400-500 gallons of water to operate per day and at end of the day the water is wiped away, 5-10 gallons. Chair Marion <br />asked Mr. Palmer an approximate of how many people would be introduced to the west side of Butler Avenue with the amusement. Mr. Palmer speculated that during the season it would be <br />3,000 – 5,000 people. Chair Marion expressed his concerns regarding parking, restrooms and accommodating those people. Mr. Palmer explained the fencing which will control the crowds, <br />entrance and exit; the ADA compliant restrooms; and the daily, season, and hourly passes. Chair Marion then asked Mr. Palmer to explain the location of the slide at Fernandina Beach <br />to include the noise. Mr. Palmer stated the slide is located at Main Beach Park which is surrounded by residential. He explained that the slide is run by two 1HP electric blowers which <br />are covered by vinyl and the sound is consistent with a Honda generator which would run for approximately nine hours per day. Chair Marion then questioned the choice of location for <br />the slide. Mr. Palmer responded that the zoning was in place for the property as there is limited land on the Island that would accommodate with amusement other than City property. He <br />further explained the proposed model, Hipster, specifications, and number of employees to operate (three) per Commissioner Bossick’s request. Chair Marion asked Mr. Palmer if he has <br />spoken to the neighbors of the proposed location to get their feedback. Mr. Palmer responded that he has spoken to some but not all. He also explained that in five years of operation, <br />he has had no safety issues as the operation is run professionally as well as correctly. Chair Marion expressed his concerns with liability. Mr. Palmer explained the policies and safety <br />procedures he has in place to include deflating the slide within 20 seconds due to weather. Mark Boswell, Engineer, approached the Commission. He explained the site to the satisfaction <br />of the Commission to include the rollover curbing which would not create a hazard. He also explained that there would not be a trip hazard as the gravel would be level with the curbing. <br />Commissioner Bossick asked Mr. Boswell to explain the excess water from the slide. Mr. Boswell agreed with Mr. Palmer that there would not be more than 5 – 10 gallons at the bottom of <br />the slide which would be taken care of by a sump pump. Commissioner Bossick expressed his concerns with the water usage to operate the slide. Mr. Palmer explained that there is not a <br />continuous flow of water as the water is applied to the slide when someone is ready to go down. Commissioner Livingston then asked several questions of Mr. Palmer: (1) placement and <br />type of fencing and (2) restrooms; Mr. Boswell explained that the fencing would be done in accordance with desire of the Planning Commission and the restrooms would be Royal Restrooms <br />which are ADA compliant and accessible. Chair Marion asked Mr. Palmer the status of the slide in Fernandina Beach. Mr. Palmer stated it is profitable and the County Commissioners have <br />approached him to open other amusements. Commissioner Major questioned the power source. Mr. Palmer stated that it would be run by a subpanel with a small generator as a backup and there <br />would be no music with the exception of a small radio. Commissioner Livingston expressed her concerns with the amusement hosting private events. Mr. Palmer replied that if necessary, <br />tables and chairs could be put at the side of the slide. A discussion ensued regarding the number of patrons for the amusement as Commissioner Livingston does not feel it would be profitable. <br />Mr. Palmer stated that during the week he may not even be open due to the vacation schedules but will be open weekends. He further stated that there will be a shuttle for vacationers <br />to alleviate any parking issues. Commissioner Major expressed his concerns with special events and how they would be handled. Ms. Otto replied that this would have to be researched and <br />brought back to the Commission. Rob Ray, representing John and Caroline McGaughey, approached the Commission to speak against the amusement. Mr. Ray discussed the Inland Cottage Neighborhoods <br />and the development thereof. He feels this amusement is not low impact commercial use. Mr. Ray went on to discuss the waterslide that was previously on the Island and the associated <br />noises, radio and patrons. He further discussed the lack of a stakeholder community and traffic issues. Mr. <br />4 McGaughey approached the Commission stating that if this amusement is approved he would try to sell his property and move. Ms. Otto then explained the split community character of <br />the amusement as the west side of the property is Inland Cottage and the Butler side of the property is Art and Eco-Business Corridor. Mr. Ray feels by approving this amusement, Tybee <br />Island will now mirror Daytona Beach or Myrtle Beach, covering the beach with commercial. John and Sue Gouse approached the Commission to express their concerns with the amusement and <br />share the McCaughey’s concerns with the noise. Ms. Gouse stated they were not properly notified of the amusement. Ms. Otto responded that the Public Notice signs were posted in accordance <br />with the criteria and written notice would be sent to the adjacent property owners at the conclusion of the Planning Commission meeting. Mr. Gouse then described the possible health <br />issues with the amusement as he is a physician. He also feels that this is not a good location for the amusement as it needs to be in an isolated area due to noise and parking. Ms. Gouse <br />again expressed her concerns regarding the lack of notification of the amusement as this occurred previously with the proposed placement of the containers on the property. Marianne Bramble <br />approached the Commission to express her concerns regarding days of operation and parking. She would ask the Commission to deny. Pat Valley approached the Commission stating she is in <br />favor of having an activity for the young people and she would recommend the City revisit after one year of operation. Carolyn McGaughey approached the Commission to express her concerns <br />with the amusement as ask the Commission to deny. Brent Palmer approached the Commission for an explanation for the use of a C-1 zone asking if a bar could be place on the property. <br />Ms. Otto confirmed with site plan approval process. Chair Marion closed the public hearing stating he is in favor of the amusement but not the location. Commissioner Major stated he <br />cannot support this request as submitted due to the split character and the possibility of outside dining. Commissioner Livingston agreed with Chair Marion as did Commissioner McNaughton. <br />Commissioner McNaughton made a motion that city council rejects this application. Commissioner Major seconded. Vote was unanimous to deny. Chair Marion made reference to the Short-term <br />Rental Ordinance as he would still like to keep it active and the topical agenda but not for this evening. He explained that he is collecting supplementary data specific to the direction <br />he would like the ordinance to go. Topics that will be addressed will be the parking issues vs. occupancy as they need to correlate. His recommendation is to pin and carry over that <br />item over as well as the lighting ordinance. The commissioners confirmed. Site Plan Approval – 1013 Highway 80 – Keith Gay and Jerry Cox: Zone C-2: PIN 4-0026-07-005A. Planning and Zoning <br />Manager Dianne Otto stated this property is an existing single family home and the occupant and owner are asking to convert the existing single family home to mixed use with commercial <br />space on the bottom and residential/single family home on the top. Due to the change of use it requires site plan review. She further explained the dry flood proofing of the commercial <br />portion of the building in accordance with FEMA. Ms. Otto stated that there are three lots of record and if this item is approved, prior to issuing the Certificate of Occupancy, the <br />owner applies for a lot recombination as all three lots are servicing the building. Commissioner McNaughton stated he is concerned with the parking plan for this site as there seems <br />to be a mistake on the plan due to turning radius and required measurements. Commission Bossick made reference to the flood proofing requirement. Ms. Otto responded that the owner is <br />required to provide to the City a Flood Proofing Certificate which documents to which level it is dry flood proofed and it is in fact working. Commissioner Major asked Ms. Otto to explain <br />the buffering. Ms. Otto responded that staff received a permit application to begin the project and the applicant was notified that site plan approval was required. The buffer plan is <br />included in their packet. Chair Marion closed the public portion of the hearing. Keith Gay approached the Commission to answer any questions. He confirmed that the proposed use of the <br />bottom floor of the structure is going to be a beauty salon. He commented that there is limited space on the Island for small businesses and this site is a perfect solution for that <br />use as there is a pre-existing building with mixed use. Mr. Gay outlined the changes in the lower portion of the building to include retrofitting the bathroom; removing the existing <br />garage doors; and relocating the existing bamboo. He would ask the Commission and the City to give <br />5 them consideration for parking requirements as they are not removing an existing tree. Chair Marion stated that the engineering portion of this request is now a non-issue regarding <br />water proofing. Ms. Otto confirmed that they would be required to flood proof approximately 2’ of wall height. Commissioner Major confirmed with Ms. Otto that this property is not subject <br />to the 50% rule. Mr. Boswell approached the Commission explaining the parking plan with reference to the existing tree. He confirmed that there is ample space for a turning radius. Commission <br />Major asked Mr. Boswell to have a buffering plan when the site plan approval goes before City Council on January 15, 2015. He confirmed. Ms. Otto stated that included in their packet <br />is the most recent comments from the City’s Engineer to Mr. Boswell. Mr. Gay stated that it is his intent to plant a sturdy grass rather than the white rock. Chair Marion closed the <br />public portion of the hearing. Commissioner Major made a motion to approve. Commissioner Bossick seconded. The vote was unanimous. Site Plan Approval – 1513 Butler Avenue – Nickie’s <br />1971 Bar & Grill: Zone C-1/SE: PIN 4-0008-07-004 & -001. Planning and Zoning Manager Dianne Otto stated the owner of 1513 Butler Avenue has purchased the rear property which includes <br />a small former residence. Ms. Otto explained that the owner of Nickie’s had already installed an outside patio and seating at the location without staff’s knowledge. He has decided to <br />go forward with site plan approval rather than removing the patio and outside seating or be cited. If this request is granted a lot recombination will be required. Commissioner Major <br />asked Ms. Otto to explain what new construction was permitted. Ms. Otto stated that the fencing was permitted and the rear stairs. The patio and use was not permitted. Commissioner Major <br />confirmed with Ms. Otto that a variance will not be required. Ms. Otto stated her concern includes the water displacement and has been deferred until heard by City Council. Calvin Ratterree <br />approached the Commission to answer questions. He stated that when he did the stairs it was for the band members as there was not ample space for them to get into his bar without disturbing <br />the customers. Mr. Ratterree further explained that he did lay the stone not knowing he had to have a permit. The patio was built for the smokers and the area will not be used for anything <br />else such as food. Chair Marion then asked about a complaint from a neighbor regarding noise. Mr. Ratterree explained this was due to a band member opening the back door which allows <br />the noise to filter into the neighborhood. The back door is usually not opened. There was a short discussion regarding the complaint that was filed. Chair Marion asked Mr. Ratterree <br />the status of the drainage plan. Ms. Otto stated that Mr. Ratterree will have to contact an engineer to complete his drainage plan. Ms. Otto made mention of the uninhabitable structure <br />on the property. She explained that it would come under the 50% rule and is uninhabitable. Commissioner Bramble expressed her concerns with the existing lighting as there is only one <br />flood light. A discussion ensued regarding the noise level for the back area. Commissioner Major asked if there are any other bars that have back seating similar to that is this location. <br />Mr. Ratterree responded yes and gave an example of the Sand Bar. Libby Manard approached the Commission to speak against the site plan approval. She read from a statement listing issues <br />why the site plan approval should be denied as it is a determent to the quality of life on Tybee. Chair Marion closed the public hearing. Ms. Otto made reference to the required buffering <br />and read from the Staff Report. Commissioner McNaughton stated he is not in favor of granting an after the fact site plan approval. Commissioner McNaughton made a motion to reject the <br />site plan approval. Commissioner Bossick seconded. Vote was unanimous to reject. Commissioner Bramble made a motion to adjourn. Commissioner Livingston second. Vote was unanimous to <br />adjourn.