03/26/2001-Board of Zoning Appeals-Packet (2)BOARD OF ZONMQ APPEALS.
�:: SECULAR NEETINC
hvin W. Campboll, Chairman
John E. Akins, Vice -Chairman �G
WlltlamI. Huntley, Jr. -
lull, A. Vaughn
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Mary Ann Strayer'
FroderlckBlumberg
C
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George Rowan
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AGENDA
Monday, March 26th, 2001
2:30 P.M.>.
I CALL TO ORDER :
Ii ROLL CALL
Ta F AMEDOM OF INFORMATION ACT COMPLIANCE
Public notification of the Board of Zoning Appeals meeting has been published, posted
and mailed in compliance with the Freedom ofInformation Act and the requirements of '
the Town of Hilton Head Island Land Management Ordinance.
IV W1ItELESS TELEPHONE USAGE
Please turn off all wireless telephones while in Council Chambers so as not to interrupt
the meeting.
V APPROVAL OF AGENDA
VI APPROVAL OF MINUTES
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February Re
mT 26, 2001, .pular Meeting
VII OLD BUSINESS
VIII NEW BUSINESS
A. VAR 010003: The Planning Department has received an Application for Variance from
the Town of Hilton Head Island, represented by Bud Culbertson, to the
following Section of the Land Management Ordinance:
1F'r_1
Sec. 16-6-204, Wetlands Buffer.
The applicant is proposing to construct a pathway within the required
wetland buffer. The pathway will be located on Dillon, Fish Haul and
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TOWN OF HILTON HEAD ISLAND
Planning Department 3/02/01
,urrent Planning Division ,
TO: The Island Packet
FROM: David L. Recor; CZA, Manager of Current Planning
SUBJECT: Legal Advertisement - Monday, March 26, 2001 BZA Meeting
Please publish the attached Legal Advertisement on the following date(s);
0 Sunday, March 4, 2001
Ifyou have any.questions or problems with this facsimile transmission please call me immediately 3t 843-
341-4691. Please forward a copy ofthe tylSeset print and invoice to:
Ms. Libby Crosby, Accounts Pa} able;
Town of Hilton Head Island
_ Atm.: Board of Zoning Appeals
One Town Center Court
Hilton Head Island, SC 29928
fill
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One Town Center Court -• . Hilton Head Liand, SC 19928 - -- -
843-341-4691` . • (FAX) 843-842-8908
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Legal Advertisement: Monday, March 26, 2001, BZA Meeting
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page ..
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NOTICE OF PUBLIC _HEARING
The Town of Hilton Head Island Board of Zoning Appeals will hold a public hearing on Monday,
March 26, 2001, at 2:30 P.M. in the Town Government Center, Council Chambers, One Town
Center Court, Hilton Head Island, South Carolina. The following
cases are scheduled for review:
VAR 010003: The Planning Department has received an Application for Variance from the
Town of Hilton Head Island, represented by Bud Culbertson, to the following
Section of the Land Management Ordinance:
Sec. 16-6-204, Wetland Buffers:
The applicant is proposing to construct a pathway within the required wetland
buffer. The pathway will be located on Dillon, Fish Haul and Baygall Roads and
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is further identified as Parcel 324 on Beaufort County Tax Map Number 15.
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VAR 010004, " The Planning Department has received an Application for Variance from Tim
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Fodor to the fallowing Section of the Land Management Ordinance:
Sec. 16-6-204, Wetland Buffers..
The applicant is proposing to construct a swimming pool within the required
wetland buffer. The property is located at 54 Ribaut Drive and is further
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identified as Parcel 4 on Beaufort County Tax Map Number 1D.
F'
VAR 010006: The Planning Department has received an Application for Variance from Peter
y
Copplestone and Nanette Miller, represented by Chris Gannon and Chester C.
Williams, to the following Section of the Land Management Ordinance:
Section 16-5-704, Minimum Required Setback Area.
The applicants are proposing to construct a house within 12' of the property line
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where 40' is required by the LMO. The property is located at 17 Egret Street,
and is further identified as Parcel 261 on Beaufort County Tax Map Number
15A.
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Case files are available for review prior to the public hearing in the Town of Hilton Head Island Planning
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Department, Planning Information Center. Please call 843-341-4681 for more information:
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TOWN OF HILTON HEAD ISLAND
Board of Zoning Appeals Minutes
- Monday, March 26, 2001
\. Regular Meeting
Board Members Present: Irvin Campbell, Chairman Julie Vaughn
Frederick Blumberg George Rowan
William J. Huntley, Jr.
Mary Ann Strayer
Board Members Absent: John Atkins, Vice -Chairman, ,
excused
Staff Present: Ed Drane, Urban Designer
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Kathleen A. Carlin, Administrative Assistant
Others.Present: Chester Williams, Attorney
I CALL TO ORDER
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Chairman Campbell called the meeting to order at 2:30 p.m.
II ROLL CALL
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III FREEDOM OF INFORMATION ACT COMPLIANCE
Public notification of the Board of Zoning Appeals meeting has been published, posted and mailed in
compliance with the Freedom of Information Act and the requirements of the Town of Hilton Head
Island Land Management Ordinance.
IV WIRELESS TELEPHONE USAGE
V APPROVAL OF AGENDA
Chairman Campbell moved to APPROVE the agenda as amended noting the continuation of two
previously scheduled Variances. The motion was seconded by Mr. Blumberg and approved 6-0-0.
VI APPROVAL OF MINUTES
Chairman Campbell moved to APPROVE the February 26, 2001 regular meeting minutes as amended.
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The motion was seconded by Mn Blumberg and approved 6-0-0.
VII OLD BUSINESS
None
VIII NEW BUSINESS
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A. VAR010003: The Planning Department has received an application for variance from The Town of
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Hilton Head Island represented by Ed Drane to the following section of the Land
Management Ordinance:
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Sec. 16-6-204 Wetland Buffers
DZA Regular Meeting — March 26, 2001
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(Continued)
The applicant is proposing to construct a pathway within the required wetland buffer.
The pathway will be In on Dillon, Fish Haul and Baygall Roads and is further
identified as parcel 324.on Beaufort County Tax Map # 15.
Mr. Drane introduced the applicstion'for variance. The pathways proposed will connect
US 278 with Barker Field via Dillon, Fish Haul and Baygall Roads: Several wetlands
come into the right-a-way where pathway placement is proposed. sThe, first was
described as 259 linear feet across the tidal wetland buffer and the remaining two -Here
described as freshwater wetlands 54 and 140 linear feet in size.
Mr. Drane stated that all pathways are located within road right-a-ways whenever
possible. When wetlands encroach upon right-a-ways;; it is often impossible to relocate
the pathway due to the size of the right-a-way and the distance separation required. Mr.
Drane7eported that the Natural Resources Division has reviewed all threelocations.. As
no significant impact to wetlands is anticipated, the Natural Resources Department is
comfortable with the pathway design. Mr. Drane explained the difficulty in dealing with
road right-a-ways in that variance criteria can be difficult to address.
Mr..Drane stated that the Town is considering an amendment to the provision of the
and safe re uirements. A conflict exists with the current
LMO dealing with pathwaystY . a
as
requirement of a 4' width, when within a wetland buffer, and the safety, requirement 8'
specified instate and federal guidelines for pathways. Proposed pathways should be. 8' -
10'. wide 2-way tragic. Mr. Drane emphasized the importance of the pathways based
upon the need for access to Barker Field by area children. In addition, pathways are part
of the Capital Improvements Program for Fiscal year 2001-2002 with the start of
construction pending upon receiving various approvals. Staff is recommending approval
of the variance application based on the findings and conclusions, of the staff report...
Mr. Rowan moved to approve the application for VAR010003 based upon the findings
. 'Approval is red to maintain the
to ensure the continued funding of pathways by state
of staff
and federal programs are
recommended 8 -10' width for safety. The
motion was seconded by Mr. Blumberg and passed unanimously.
Ix BOARD BUSINESS
Oil
X - CITIZEN PARTICIPATION
s XI ADJOURNMENT
The meeting of the Board of Zoning Appeals adjourned at 3:45 PM.
t aih Respectfully submitted:
y ri
Kathleen A. Carlin
Administrative Assistant
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Page 2
TOWN OF HILTON HEAD ISLAND
Planning Department
Aoolication for a Variance #VAR010003
ARCEC`DA'TA WR iw
Mr. Bud Culbertson Same as Applicant Tax Map ID
Town of Hilton Head Island 0 Map 15, Parcel 324
One Town Center Court Street Address
Hilton Head Island, SC. 2992Z' 0 Dillon Road at US 278 to
Barker Field
Zoning District
0 RM4, Low to Moderate
Density Residential; RM -
12, Moderate to High
Density; PD -1, Planned
Development Mixed Use,
PR, Parks and Recreation,
and IL, Light
Industrial/Commercial
vDistribution District
Overlay Districts
0 COR
APPLICATION SUMMARY STAFF RECONOONDATION
The applicant requests a variance from Section 16-6- Planning staff recommends APPROVAL of
204, Wetland Buffers. The applicant is proposing to Application for Variance #V010003 based on the
construct an impervious pathway within the required findings and conclusions outlined in the staff report.
r tidal and freshwater wetland buffers. The subject
property is identified on Beaufort County Tax Map 15,
r -- as Parcel #324.
,�► BACKGROUND INFORMATION
The Town of Hilton Head Island proposes to construct a multi -use pathway along Dillon, Fish Haul and
F.
1 •: • �' � Bayga!1 Roads. This pathway will connect to the existing pathway on US 278 as well as a proposed
w pathway along Union Cemetery Road and will terminate at Barker Field. This project, which is
scheduled to be reviewed by the Planning Commission at their April 4th meeting, is included in the
Capital Improvements Program and construction is scheduled to begin during FY 2001-2002. The
majority of the pathway will be constructed within the right-of-way of the State of South Carolina
L Town Government Center- # One Town Center Coart • Building C
Hilton Head Island # Soath Carolina # 19918
843-341-4681 # (Fd X) 843-842-8908
Application for VMHAUUNVAR010003
A(ftfing Date: Monday, March 2 2001
Paget-
Department of Transportation (SCDOT). The proposed pathway will encroach into the freshwater
wetland buffers near Wiley Road and adjacent to Fish Haul Road. The pathway Will encroach into the
tidal wetland buffer near the Cotton Hope apartment community. The applicant is requesting a variance
from the 40' average, 20' minimum freshwater wetland buffer requirement and the 50' average, 25'
minimum tidal wetland buffer requirement for nonresidential impervious surfaces. The average buffer is
determined by quantifying the setback for each 10 linear foot increment ofimpervious surface, adding
these together and dividing by the number of increments measured. The freshwater wetland buffer
encroachment will be 54 linear feet near Wiley Road and 140 linear feet adjacent to Fish Haul Road. 11
tidal wetland buffer encroachment will be a total of 259 linear feet. The asphalt pathway is e
-v no greater than 4 feet in width and
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approximately 2 miles in length and will vary in width from 10' to 6'. LMO Section 16-6-204(C)(3)
states that pathways maybe built within the wetland buffer if tF
constructed of pervious materials; however, LMO Section, 16-5-'
413, Pathway Standards, states that "...a
minimum of 8-foot paved width shall be provided for 2-way bicycle traffic and a 5-foot width for 1-way
traffic." The use of the material is determined by the Town Engineer based on the use and users of the
pathway.
ANALYSIS OF REQUMED FINDINGS
As provided in Section 16-3-1805, Criteria for Approval of Variances, Planning staff has based its
recommendation on analysis of the following criteria:
0 there are extraordinary and exceptional conditionspertaining to the particularpiece qfproperty;
The,Town tries to place its pathways within the SCDOT right-of-way whenever feasible. These are
usually not very large areas ofland. Both the Dillon Road and Fish Haul Road right-of-ways have
wetlands immediately adjacent to the roads, which means that the wetland buffer actually extends
into the right-of-way.
♦ these conditions do not generally apply to other properties in the vicinity;
The, Dillon Road area contains a mixture of commercial, industrial and resid=tial uses. Fish Haul
Road is primarily residential with a small amount of commercial activity near the intersection with
Beach City Road. Baygall Road is generally residential in character. The buffer requirements for
commercial, industrial and residential uses are less stringent than those that the Town must meet.
The pathway as designed would not be able to meet the average wetland buffer requirements.
♦ because of these conditions, the application ofthe ordinance to the particular piece ofpr . operty
ryF would effectively prohibit or unreasonably restrict the utilization of the property
VX
The application of the wetland buffer standards described in Chapter 6, Natural Resource Protection,
of the LMO unreasonably restrict the utilization of the property. This pathway is part of the Town's
Capital Improvements program and Open Space and Recreation Plan. As designed, the pathway
cannot be constructed without encroaching into the wetland buffer.
Town Government Center 0 One 2wn Center Courr 0 Building C
Hilton Head Island 0 South Carolina # 29928
843-341-4681 0 (FAA) 843-842-8908
T
urcr�a,�t
paeadea for Varhaee NVAR01000J
Mewing Date: Monday, March 16t • 1001 -
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Page 3 - -
♦ is not the result of the ap'plicant's own actions,
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The encroachment of the pathway into the freshwater and tidal wetland buffers is not a result of the,
applicant's own actions: The wetlands are directly adjacent to the Dillon Road and Fish Haul Road
right-of-ways; therefore the wetland buffer is actually in the right-of-way. The pathway cannot be
constructed in the wetland. The right-of-way is the most logical place for the pathway and will have
the least impact on the adjacent wetlands.
♦ granting of the variance does not substantially conflict with the Comprehensive Plan and the
purposes of this Land Management. Ordinance;
g
The granting of this variance would not conflict substantially with the Comprehensive Plan. The
Town adopted a Recreation and Open Space Plan in 1996 that provides for the development of 27
multi -use trails by the year 2015. The Island pathways are specifically mentioned in Chapter V,
Community Facilities Element of the Plan: the Town should create "..:a viable alternative
transportation system to serve non -automotive transportation." . The Plan also states that the pathways
will be continuously developed and will link parks, schools,'opens spaces, beach access facilities,
commercial and residential destinations.
As stated in LMO Section 16=6-201(A)(2), the purpose and intent of the wetland protection standards
and regulations are to.". ::pr6tict and conserve wetlands by promoting avoidance of alterations to
jurisdictional wetlands as the optimum goal, or,where avoidance is not possible, to limit the alteration
of existing wetlands, and to restore and maintain the integrity of these lands in as near a natural state
as possible." The construction of the pathway within the freshwater and tidal wetland buffers does
not -conflict with the pwposes'of the LMO as stated above. The wetlands.will not be altered since the
pathway will be constructed within the buffer areas.
♦ the Authorization ofthe variance will not be ofsubstantial detriment to adjacent property or the
public good, and the character of the district will not be harmed by the granting of the variance,
The authorization of this variance will not be detrimental to either the public good or the adjacent
properties. The granting of this variance will allow the Town to build a pathway that provides an
area of safe non -automotive transportation for people'traveling along this road.` All of the pathways
on the Island are widely used and appreciated and it is anticipated that this pathway will be very
popular as well. The de along Dillon, Fish Haul and Baygall Roads falls into the RM 4,
RM -12, PD -1, PR and IL zoning districts. Staff has determined that granting this variance will not
adversely affect the character of the. districts.
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Town Government Center • One town Center Court Building C
Hilton Head Island ♦ : South Carolina ♦ 19918
843-341-4681 ♦ " (FAA9443442-8908 ;"
ApPUeaWu for Varimum MVAlUtY007
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Mcaing late: Monday March 20—, Mill
Page 4.. .
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PUBLIC HEARING SCHED'C"
Board of Zoning Appeals
Monday, March 26,'2001.
PREPARED BY:
DATE
Senior Planner
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David L. Resor; CZA
DATE
Manager of Curren t Planning ..
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One Town Causr Court • Build7ngC
Town Government Center. •
-Hilton Head Island
s .: Sowh catnlina • ' 19918
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FI3-3�1-l681
a (FA.1� 813-81I-8908
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TOWN OF , HILTON HEAD ISLAND
One Town Center Court, Hilton Head Island, S.C. 29928
(843)341-4600 Fax, (84,3)
http://-
ww w.ci:hilton-head-islandsc.us
VIA CERTIFIED MAIL
. Thoma, D., Peeples--
Moyer
... Jamas K. Carlin
eNary
Fb 27, 2001 -
Mayor ProTem
`Dear Property Owner.
. Council Members...
DeSimone
The purpose of this letter is to advise you that the Town of Hilton Head Island has applied to
Steven A.
StevenWillie A. D Ferguson
the Board of Zoning Appeals for a variance to the following section of the Land Man ement .
Kenneth S. Meiuxe
_.,
Ordinance: 16-6.204, Wetland Buffers: The Town of Hihon Had Island proposes; o
Earl W. Mallick
construct a multi-use pathway along Dillon, Fish Had and Baygall Roads: This pathwaywill .
This
W. J. (Bill) Mattel
to the existing pathway on US 278 as well as a proposed pathway,21ong Union
Cemetery Road and will terminate at Barker Field. This project is included in the Capital
Stephen G. Riley
Improvements Program avid construction is scheduled to begin during late summer. The
1 Town Manager
majority of the pathwaywilf be constructed within t(te right-of=way of the. Slate of South
Carolina Departmennt of Transportation (SCDOT).
The proposed pathway will encroach into the tidal wetland Buffer near the Cotton Hope
apartment community. The pathway will also encroach into the freshwater wetland buffer at
the following locations: near Witley Road and adjacent to Fish Haul Road- The applicant is
requesting a variance from the 40'1. average, 20' minim, m freshwater wedancl Duffer requirement
`
and the 50' avenge, 25' minimum tidal'wetland buffer req, irements for nonresidential
impervious surfaces. The tidal wetland buffer encroachment will be a total of 259 linear fee..
The freshwater buffer encroachment will be 54 linear feet near Wiley Rod and 140 linear feet
along Fish Haul Road' The asphalt pathway will be approximately 2 miles in length and will -
vary rnwidth from 10'to 6'.'''
A hearing will be held on Monday, Much 26th, 2001, at 2:30 p.m in the Town of Hilton Head
Island's Council Chambers.: Interested parties tee invited to attend this hearing and express
their views oa"the proposed variance. Further information may be obtained from the Planing .
Information Center at (843)-,341-4698.:'`
Sincerely,
Te�i,1M.
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Teri M;Bourgaux
Senior Planner
cc: VAR010003 file
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Dillon Road Pathway Fact Sheet
Length: 2.O miles
Course: Starting at an existing pathway on Hwy. 278, the pathway will be
constructed on the. right side of the road, going northbound toBeach City Road. The
pathway will then cross Beach City Road. Dillon Road then becomes`Fish Haul Road.
The pathway will continue on the north side of the road until Bay Gall Road, where it.
will tum northward and terminate at Barker Field.
Construction: `: This pathway will be built to AASHTO: standards to the extent
possible. The entire length of the pathway' will be of asphalt construction and will be
appropriately marked. No wetlands or other unusual impacts will be made.#
Time Frame: Currently under design. Construction is anticipated for summer
2001.
Project Cost: $370,000.
Notes: This pathway will enable :`residents of several residential
a
neighborhoods, as well as several commercial areas, to safely travel to the existing
pathway network on Hilton Head Island. Significant features along the pathway include
the existing pathway on Beach City Road, a'future pathway; on Union Cemetery Road, a
future passive park on3own property at the end of Beach City Road and Barker Field:
Barker Field is,a BeaufortCounty park that includes baseball.fields and tabby ruins.
Anticipated growth in the Bay Gall/Mitchelville community: may include water -oriented
development such as is currently found in Shelter Cove, here on Hilton Head Island. .
Residents and visitors of this possible new. development would also be able to utilize this
pathway for easy pedestrian•and bicycle access to the entire pathway system.
Contact: Teri Bourgaux, Senior Planner/Project Manager: (843) 341-4698
or terib@ci.hilt6n-head-isla'nd.sc.us.
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'TOWN OF HILTON : HEAD ISLAND
Board of Zoning Appeals.
Mandatory Written" Findings of Fact
The Local Government Comprehensive Planning Enabling Act of 1994 and the Code of
Laws of South 'Carolina,.as amended, require that the. Board of Zoning Appeals make
written findings of fact prior to approves of any Application for Variance. Section 16-3-
1806 of the Town of Hilton Head Island Land Management Ordinance specifically outlines
°
the required findings.
CASE # APPLICATION SUMMARY
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VAR0010003
The Planning Department has received an Application for Variance
from the Town of Hilton Head Island represented by Bud Culbertson
to the following Section of the Land Management Ordinance:
• 1676-204, Wetland Buffers.
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The applicant is proposing to construct a pathway within the Dillon,
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Fish Haul and Baygall Roads and is further identified as Parcel 324 on
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Beaufort County Tax Map Number 15.
Pursuant to the'reguired notice and public`hearing, the Board of Zoning Appeals voted to
(�]` Approve; EJ App with Conditions; or ❑ Disapprove; the application based on ;
its review and analysis, of the above referenced criteria, as follows:
YES NO
[� ❑ There'are extraordinary and exceptional conditions pertaining to the particular'
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piece of property;
a.
b.
IrEEpS�
Q.
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and;
Town Government Center s " One Town Center Court ♦ Building C
' ` Hilton Head Island ♦ ,, South Carolina "'
843-341-4681 ;.� (FAX) 843 842-8908,.
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