arthur a. mendonsa hearing room may 5, 2009 1:30 pm 5...joanna bounds, historic review planner...

May 5, 2009 Regular MPC Board Meeting

Members Present: Jon Todd, ChairmanShedrick Coleman, Vice-Chairman

Adam Ragsdale, Secretary

Susan Myers, Treasurer

Russ Abolt,

Michael Brown

Ellis Cook

Ben Farmer

Stephen Lufburrow

Timothy S. Mackey

Tanya Milton

Jon Pannell

Lacy Manigault

Members Not Present: David Hoover

Staff Present: Thomas Thomson, P.E. AICP, Executive DirectorMelony West, CPA, Director, Finance & Systems

James Hansen, AICP, Director, Development Services

Marcus Lotson, Development Services Planner

Dennis Hutton, AICP, LEED, Director, Comprehensive Planning

Jackie Teel, LEED, AP, Natural Resource Planner

Bethany Jewell, LEED, AP, Natural Resource Planner

Joanna Bounds, Historic Review Planner

Sabrina Finau, Administrative Assistant

Constance Morgan, Administrative Assistant

Marilyn Gignilliat, Executive Assistant

Advisory Staff Present: Robert Sebek, County Zoning Administrator

Arthur A. Mendonsa Hearing RoomMay 5, 2009 1:30 PM

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I. CALL TO ORDER AND WELCOME

Chairman's Notes

1. Notes for Board Chairman

Minutes:

Chairman Todd called the May 5, 2009 Regular MPC Meeting to order at 1:35 P.M. He asked that everyone stand for the Invocation and the Pledge of Allegiance. He explained the agenda for the benefit of those in attendance for the first time. He asked those present for the meeting to record their attendance on the sign in sheets. Those who wished to speak on a petition before the Board were asked to fill out a blue speaker card and present it to a member of staff.

Mr. Farmer moved to suspend the rules in order to hear the petition for the Georgia Skin Care Center (MPC File # P-090402-42560-2) prior to the other items listed under Regular Business. Mr. Lufburrow seconded the motion.

MPC Action: The motion carried with none opposed. The motion was to hear item # 10 under, Regular Business, Georgia Skin and Cancer Center (MPC File #P-090402-42560-2) and to hear the remaining items # 9, 11,12, and 13 as a group since the are related to the same project. Voting were: Mr. Todd, Mr. Coleman, Mr. Ragsdale, Ms. Myers, Mr. Abolt, Mr. Brown, Mr. Cook, Mr. Farmer, Mr. Lufburrow, Mr. Mackey, Mr. Manigault, Ms. Milton, and Mr. Pannell.

II. INVOCATION

III. PLEDGE OF ALLEGIANCE

IV. NOTICES, PROCLAMATIONS and ACKNOWLEDGEMENTS

Swearing-in of MPC Commissioners

2. Superior Court Judge Penny Haas Freesemann was present to swear in the MPC Board.

Minutes: Superior Court Judge Penny Haas Freeman was present to swear in MPC Board.

Randolph Scott, CityZoning Administrator


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Recognition of Out-going MPC Commissioners

3. The MPC Board presented Resolutions to out-going MPC Commissioners, Robert Ray and Doug Bean, in recognition of their service to the community.

Minutes:

Chairman Todd presented Mr. Robert Ray with a plaque in recognition of his service on the MPC Board and to the Community.

Mr. Ray applauded the MPC Board Members and staff on their service to the community and stated he was happy to be a part of such a selfless group of professionals.

Notice(s)

4. May 19, 2009 Regular MPC Meeting at 1:30 PM in the MPC Arthur A. Mendonsa Hearing Room, 112 East State Street

Minutes:

Ms. Myers moved to cancel the May 19, 2009 Regular MPC Meeting due to the lack of petitions requiring Board action. Mr. Coleman seconded the motion.

MPC Action: The motion carried with none opposed. The motion was to cancel the May 19, 2009 Regular MPC Meeting due to the lack of petitions requiring Board action. Voting were: Mr. Todd, Mr. Coleman, Mr. Ragsdale, Ms. Myers, Mr. Abolt, Mr. Brown, Mr. Cook, Mr. Farmer, Mr. Lufburrow, Mr. Mackey, Mr. Manigault, Ms. Milton, and Mr. Pannell,

Information Item(s) for Board Members

5. Information Item(s)

Attachment: May Calendar.pdf

V. ITEM(S) REQUESTED TO BE REMOVED FROM THE FINAL AGENDA

The Consent Agenda consists of items for which the applicant is in agreement with the staff recommendation and for which no known objections have been identified nor anticipated by staff. Any objections raised at the meeting will result in the item being moved to the Regular Agenda. At a 12:30 briefing, the staff will brief the Commission on Consent Agenda items, and, time permitting, Regular Agenda items. No testimony will be taken from applicants, supporters or opponents, and no votes will be taken at the briefing.

VI. CONSENT AGENDA

Approval of MPC Meeting Minutes and Briefing Minutes


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6. Approval of April 21, 2009 MPC Meeting Minutes and Briefing Minutes.

Attachment: 04.21.09MPCBRIEFINGMINUTES.pdf Attachment: 04.21.09MPC Meeting Minutes.pdf

Minutes:

Mr. Lufburrow moved to approve the April 21, 2009 MPC Meeting Minutes and Briefing Minutes as submitted. Mr. Coleman seconded the motion.

MPC Action: The motion carried with none opposed. The motion was for approval of the April 21, 2009 MPC Meeting Minutes and Briefing Minutes as submitted. Voting were: Mr. Todd, Mr. Coleman, Mr. Ragsdale, Ms. Myers, Mr. Abolt, Mr. Brown, Mr. Cook, Mr. Farmer, Mr. Lufburrow, Mr.Mackey, Mr. Manigault, Ms. Milton, and Mr. Pannell.

Motions:

Motion to approve the April 21, 2009 MPC Minutes and Briefing Minutes as submitted.

- PASS

Vote Results

Motion: Stephen Lufburrow

Second: Shedrick Coleman

Russ Abolt - Aye

Michael Brown - Aye

Shedrick Coleman - Aye

Ellis Cook - Aye

Ben Farmer - Aye

Stephen Lufburrow - Aye

Timothy Mackey - Aye

Lacy Manigault - Aye

Tanya Milton - Aye

Susan Myers - Aye

Jon Pannell - Aye

Adam Ragsdale - Aye

Jon Todd - Aye


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Authorization(s)

7. Adoption of the Resolution to Endorse the Study of a High Speed Rail Link between Macon and Savannah

Attachment: MPC Board Thomson HSR Resolution 042709 (2).pdf Attachment: MPC Resolution for High Speed Rail.pdf

Minutes:

Mr. Coleman moved to adopt a Resolution to endorse the Study of a High Speed Rail Link between Macon and Savannah. Mr. Abolt seconded the motion.

MPC Action: The motion carried with none opposed. The motion was for the adoption of a Resolution to endorse the Study of a High Speed Rail Link between Macon and Savannah. Voting were: Mr. Todd, Mr. Coleman, Mr. Ragsdale, Ms. Myers, Mr. Abolt, Mr. Brown, Mr. Cook, Mr. Farmer, Mr. Lufburrow, Mr. Mackey, Mr. Manigault, Ms. Milton, and Mr. Pannell.

Amended Master Plan

8. Highlands and Willow Point

Attachment: Existing Highlands Master Plan.pdf Attachment: Existing Willow Point Master Plan.pdf Attachment: Proposed Highlands Master Plan.pdf Attachment: Proposed Willow Point Master Plan.pdf Attachment: STAFF REPORT 05-05-09 M-090423-38699-2 THE HIGHLANDS MASTER PLAN REVISION TRACTS I AND M-2 (WILLOW POINT).pdf

Minutes:

Nature of Request: The petitioner is requesting approval of a Master Plan amendment for Willow Point, a residential development located within the Highlands on the south side

Motions:

Motion for approval of adoption of the Resolution to endorse the Study of a High Speed Rail Link between Macon and Savannah.

-

Vote Results

Motion:

Second:


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of Highlands Boulevard approximately 1.35 miles (7,125 feet) west of Benton Boulevard within a PUD-C (Planned Unit Development-Community) zoning district. No varinaces are requested.

Staff Recommendation: Approval of the amended Willow Point Master Plan and the amended Highlands Master Plan subject to the following conditions; approval by the City review departments including the City Engineer.

VII. OLD BUSINESS

VIII. ITEMS MOVED FROM CONSENT AGENDA

IX. REGULAR BUSINESS

Tri-Centennial Comprehensive Plan Amendment - Map Amendment

Motions:

Approval of the amended Williow Point Master Plan and the amended Highlands Mater Plan subject to conditions.

- PASS

Vote Results


Second: Russ Abolt

Russ Abolt - Aye

Michael Brown - Aye


Ellis Cook - Aye

Ben Farmer - Aye




Tanya Milton - Aye

Susan Myers - Aye

Jon Pannell - Aye

Adam Ragsdale - Aye

Jon Todd - Aye


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9. Comprehensive Plan Map Amendment - 800 Habersham Street

Attachment: comp plan amend.pdf

Minutes:

Staff Recommendation: Approval of an amendment to the Future Land Use Map to change this property from the Traditional Commercial classification to the Traditional Neighborhood classification.

Mr. Ragsdale stated that the Unified Zoning Ordinance is moving to gross versus net in all the districts; he questioned the change and asked what is the goal.

Mr. Hansen responded that this is being done to remove the confusion and ambiguity that is now existing with the term "net". He proceeded to read a section from the ordinance that explained this. He added that as a part of the UZO staff is; a) changing the way that density is calculated from net to gross; b) examining the density regulations that are currently in place; and c) recommend adjustments on those upward numbers.

.

Motions:

Approval of an amendment to the Future Land Use Map to change this property from the Traditional Commercial classification to the Traditional Neighborhood classification. *

- PASS

Vote Results

Motion: Shedrick Coleman

Second: Michael Brown

Russ Abolt - Not Present

Michael Brown - Aye


Ellis Cook - Not Present

Ben Farmer - Aye


Timothy Mackey - Not Present


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General Development Plan / Group Development Plan

10. Georgia Skin and Cancer Center

Attachment: OrthoZoningImagery.pdf Attachment: SiteMapStructures.pdf Attachment: Vicinity.pdf Attachment: STAFF REPORT.pdf Attachment: GDP-GA SKIN AND CANCER.pdf

Minutes:

Nature of Request: The petitioner is requesting approval of a General Development Plan/Group Development in order to construct a 9,892 square foot building addition onto an existing medical office building, a 3,800 square foot storage building, and a 7,500 square foot office building/laboratory, along with associated parking facilities to bring the total bumber of parking spaces to 142. A residential structure existing on the property is proposed to remain.

Staff Recommendation: Approval of the General Development Plan/Group Development for Georgia Skin & Cancer Center with the following conditions: 1) a Landscape Plan, including a Tree Establishment and Tree Protection Plan. The City Landscape Architect shall review the Landscape Plan; 2) a Water and Sewer Plan; 3) a Drainage Plan: The City Stormwater Engineer shall review the Drainage Plan. Detention ponds must be sodded or hydro-seeded; 4) when a proposed nonresidential use is adjacent to or across the street from existing residential use, all structures within the nonresidential property shall be compatible with and/or screened from the residential property. A buffer plan shall be provided to screen the residential structure from the medical facility addition, dedicated access to the residential structure and separate from access to all medical uses shall be provided; 5) a Lighting Plan: MPC staff shall review the Lighting Plan. The Lighting Plan shall identify the location of all exterior light standards and fixtures. All exterior lights shall utilize fully shielded fixtures to minimize glare on surrounding uses and rights-of-way. "Fully shielded fixtures" shall mean fixtures that incorporate a structural shield to prevent light dispersion above the horizontal plane from the lowest light-emitting point of the fixture. Exterior light posts higher than 15 feet must not be located on the same island as canopy trees; 6) a Signage Plan; MPC staff shall review the Signage Plan; the location of any freestanding signage shall be shown on the Specific Plan; and 7) a Dumpster Plan: the dumpster enclosure shall be of the same material as the primary building unless alternate materials are approved by the MPC or


Tanya Milton - Aye

Susan Myers - Aye

Jon Pannell - Aye

Adam Ragsdale - Not Present

Jon Todd - Aye


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the MPC staff. Gates shall utilize heavy-duty steel posts and frames. A six foot by twelve-foot concrete apron must be constructed in front of the dumpster pad in order to support the weight of the trucks. Metal bollards to protect the screening wall or fence of the dumpster must be provided.

Speaking on the Petition: Mr. Mark Crapps, Agent, stated that he concurrs with staff and respectfully requests approval of the petition.

.

Zoning Petition - Text Amendment

11. Petition to amend section 8-3025 (46) City of Savannah Zoning Ordinance

Motions:

Approval of the General Development Plan/Group Development for Georgia Skin&Cancer Center with conditions:

- PASS

Vote Results


Second: Russ Abolt

Russ Abolt - Aye

Michael Brown - Aye


Ellis Cook - Aye

Ben Farmer - Aye




Tanya Milton - Aye

Susan Myers - Aye

Jon Pannell - Aye

Adam Ragsdale - Aye

Jon Todd - Aye


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Attachment: Staff Report.pdf Attachment: ice_machine photo 1.pdf Attachment: ice_house photo 2.pdf

Minutes:

Issue: The petitioner is proposing a text amendment to section 8-3025 (46) of the City of Savannah Zoning Ordinance in order to accommodate free standing ice vending machines which produce and distribute ice to customers on site.

Policy Analysis: Evolving technologies require us to consider matters that are not expressly delineated n our municipal codes. The proposed structures can be a valuable assest to a retail or commercial location and a convenience to the neighborhood as long as they do not detract from its character by, for example, decreasing parking or impeding public rights of way. These accessory structures must meet the development standards set forth in the Zoning Ordinance for the district in which it resides. This amendment will allow a use that will likely become more common throughout our commminity.

Staff recommendion: Approval of the petitioner's request to amend section 8-3025(46) of the City of Savannah Zoning Ordinance by adding the language "retail sale" (limited manufacturing permitted with on off-site delivery of ice products.

Motions:

To continue to June 2, 2009 Regular MPC Meeting in order to allow staff to review design criteria for these structures.

- PASS

Vote Results

Motion: Susan Myers


Russ Abolt - Aye

Michael Brown - Aye


Ellis Cook - Aye

Ben Farmer - Aye




Tanya Milton - Aye


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12. Text Amendment to the Savannah Zoning Ordinance

Attachment: staff rpt.pdf

Minutes:

Issue: It is proposed that an amendment to the Victorian Planned Neighborhood Conservation District land use disticts 1-R, 2-R, and 3-R be enacted to change the residential density calculation criteria from the current "net acre" to "gross acre".

Policy Analysis: Most ordinances, and in particular the Zoning Ordinance, are not static documents. They need, from time to time, to be amended to reflect changing community values, changing land use trends, or to remove or clarify provisions which are ambiguous, unclear, or confusing. The amendment proposed by the petitioner is designed to clarify confusing language that is subject to interpretation and to make the calculation of density a straight forward number based upon a site's gross acreage. The proposal is consistent with the recommendations proposed as a part of the Unified Zoning Ordinance update. Furthermore, the amendment will provide for better use opportunities for undeveloped and underutilized properties.

Staff Recommendation: Approval of the petitioner's request to amend Sections 8-3028(c)(4) 8-3028(c)(5) and 8-3028(c)(6) of the Savannah Zoning Ordinance.

Speaking on the Petition: Meredith Gaunce, Agent for the petitioner, stated that she is in agreement with staff recommendation. She feels that the rezoning will be beneficial to this area.

Susan Myers - Aye

Jon Pannell - Aye

Adam Ragsdale - Aye

Jon Todd - Aye

Motions:

Continue to June 2,2009 Regular MPC Meeting. - PASS

Vote Results

Motion: Susan Myers



Michael Brown - Aye


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Zoning Petition - Map Amendment

13. 800 Habersham Street

Attachment: 800 Habersham Aerial Photo.pdf Attachment: ZONING.pdf Attachment: TAX MAP.pdf Attachment: SITEMAP.pdf Attachment: staff rpt.pdf Attachment: AERIAL MAP.pdf

Minutes:

Issue: At issue is a request to zone an approximate 0.61 acre site from a 2-B (Victorian District) classification to a 3-R (Victorian District ) classification.

Policy Analysis: The petitioner is requesting a change in zoning to a residential classification within the Victorian District. Clearly, residentital use is appropriate at this location. The proposal is consistent with the existing development and zoning pattern in the area. The Future Land Use Map (FLUM) designates the site as Traditional Commercial. Although this classification allows residential use, it is more appropriate to consider a change in the FLUM to a Traditional Neighborhood category. An amendment to the Tri-Centennial Comprehensive Plan Future Land Use Map is being processed simultaneously with the zoning request.

Staff Recommendation: Approval of the request to rezone 800 Habersham Street from a 2-B (Victorian ) classification to a 3-R (Victorian) classification.

Speaking on the Petition: Meredith Gaunce, Agent for the petitioner stated that she is in agreement with the staff recommendation. She feels that the rezoning of this property will be beneficial to the neighborhood.



Ben Farmer - Aye




Tanya Milton - Aye

Susan Myers - Aye

Jon Pannell - Aye


Jon Todd - Aye


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Victorian District - New Construction

14. 800 Habersham Street

Attachment: Existing Site Plan.pdf Attachment: Existing floor plan.pdf Attachment: Elevations.pdf Attachment: Aerial.pdf Attachment: Photos.pdf Attachment: Staff Report May 5.pdf Attachment: Proposed Site plan.pdf

Minutes:

Nature of Request: The applicant requests approval of a three story apartment building to be built on the footprint of the former Rite Aid building on the lot bound by Habersham, Gwinnett and Price Streets. The lot is located in the Victorian Planned Neighborhood Conservation District. The Victorian District Zoning Ordinace stipulates that the MPC

Motions:

Continue to June 2, 2009 Regular MPC Meeting - PASS

Vote Results


Second: Jon Pannell


Michael Brown - Aye



Ben Farmer - Aye




Tanya Milton - Aye

Susan Myers - Aye

Jon Pannell - Aye


Jon Todd - Aye


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Board must approve requests for new construction.

Staff Recommendation: Approval of the design as submitted with the condition that a buffer is placed between the parking and the sidewalk at a minimum along Gwinnett Street to comply with Section 8-3082(g) buffer required when adjoining property is residential. If the rezoning and text amendment actions result in alterations to the exterior design, the amended project would need to be resubmitted for further design review.

Ms. Myers moved to continue this item to the June 2, 2009 MPC Meeting. Ms. Milton seconded the motion.

Mr. Brown requested that as continuances are granted that it is added to the record what it is that staff wishes to accomplish before the petition is bought back to the Board. This will inform the petitioner of the policy issues that need to be addressed. In this case the issues are: 1) the building placement on the lot; 2) the desireability under this particular area (Victorian District) that commercial buildings have a zero lot line: 3) that parking does not occupy the corner position; and 4) the building is segmented so that it does not resemble a warehouse. These are the questions he would like to have answered prior to the petition coming back before the Board.

MPC Action: The motion carried with none opposed. The motion was to continue MPC File No.N-09324-61210-2 to the June 2, 2009 Regular MPC Meeting subject to Mr. Brown's request as explanatory of the continuance. Voting were: Mr.Todd, Mr. Coleman, Ms. Myers, Mr. Brown, Mr. Farmer, Mr.Lufburrow, Mr. Manigault, Ms. Milton and Mr. Pannell. Mr. Abolt, Mr. Ragsdale, Mr. Cook, and Mr. Mackey were not present for the vote.

Motions:

Continue to June 2, 2009 Regular MPC Meeting - PASS

Vote Results

Motion: Susan Myers

Second: Tanya Milton


Michael Brown - Aye



Page 14 of 16

X. OTHER BUSINESS

15. The Chatham Environmental Forum (CEF) - "A Road Map for Chatham County"

Attachment: MPC CEF Board Presentation May 5th - Board Copy.pdf Attachment: MPC CEF Goal Comparison Report with Memo.pdf

Minutes:

Tom Thomson introduced Mr. Larry Miles, Chairman of the Chatham Environmental Forum (CEF).

Mr. Miles gave a brief history of the Chatham Environmental Forum and proceeded with a presentation of their plan, "A Road Map for Chatham County".

Bethany Jewell, Natural Resource Planner, followed with the MPCs' analysis comparing the Comprehensive Plan that the MPC Board, the City of Savannah, and Chatham County passed a few years ago, with the Chatham Environmental Forum work showing the linkages and where the MPC is currently addressing the issues raised in both the Comprehensive Plan and the Forum Report.

XI. ADJOURNMENT

16. Adjournment

Minutes:

There being no further business to come before the Commission, the May 5, 2009 Regular MPC Meeting adjourned.

Respectfully Submitted,


Ben Farmer - Aye




Tanya Milton - Aye

Susan Myers - Aye

Jon Pannell - Aye


Jon Todd - Aye


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Thomas L. Thomson Executive Director

Note: Minutes not official until signed.


Page 16 of 16

arthur a. mendonsa hearing room may 5, 2009 1:30 pm 5...joanna bounds, historic review planner...

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