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HomeMy Public PortalAbout20131010CityCouncilPacket Table of Contents 000_000_Agenda20131010 1 040_010_20130926CityCouncilMinutes 3 040_011_Groover Statement 14 060_010_1 Dixie Pedaler pkt 17 060_020_2 Ewaldsen pkt lof2 36 060_021_2 Ewaldsen pkt 2of2 46 060_030_3 Bragg pkt 1of2 47 060_031_3 Bragg pkt 2of2 54 060_040_Rice & Brady-Rbinson 55 060_041_4 Rice & Brady-Robinson pkt 2of2 63 060_050_5 Legion pkt lof2 64 060_051_5 Legion pkt 2of2 73 060_060_M inutes PC 20130917 75 PLANNING COMMISSION CITY MANAGER 75 Demery Bishop Diane Schleicher 75 Marianne Bramble PLANNING &ZONING MANAGER 75 070_010_34-2013 - Overtime and comp time ord - 09.18.13 96 090_010_Infrastructure Committee Minutes - 8.8.13 98 AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL OCTOBER 10, 2012 7:00PM Please silence all cell phones during Council Meetings I. Consideration of Items for Consent Agenda 6:30PM II. Executive Session III. Opening Ceremonies Call to Order Invocation: Hank Perry, Trinity Chapel United Methodist Church Pledge of Allegiance IV. Consideration of the approval of the minutes of the regular meetings of the Tybee Island City Council 1 City Council Minutes, September 26, 2013 V. Consideration of Approval of Consent Agenda VI. Public Hearings 1 Site Plan Approval with Variance — 1315 Butler Avenue — consideration of additional business at commercial location; PIN 4-0007-16-001; Zone C-1/SE; Dixie Pedaler, LLC, petitioner 2 Variance — 2-B Second Ter. — consideration of setback encroachment for deck and stairs; PIN 4- 0004-04-006; Zone R-T; Paul Ewaldsen, Jr., petitioner 3 Minor Subdivision — Lot 32 S. Campbell Ave. — consideration of subdivision of one lot into two lots; PIN 4-0016-02-017; Zone R-2; John Bragg 4 Site Plan Approval — 1207 Hwy. 80 — consideration of two temporary enclosures; PIN 4-0026-02- 009; Zone C-2; Rice & Brady-Robinson 5 Site Plan Approval — 21 Veterans Dr. — consideration of construction of an ADA ramp; PIN 4-0002- 05-008; Zone R-1; American Legion Post 154 6 Planning Commission Meeting Minutes, September 17, 2013 VII. Consideration of Ordinances, Resolutions 1 First Reading, 34-2013, Sec 46-45; Overtime and Compensatory Time VIII. Council, Officials and City Attorney Considerations & Comments 1 Tom Groover — Paver Testing IX. Minutes of Boards and Committees 1 Infrastructure Minutes, August 8, 2013 X. Executive Session 1 Discuss litigation, personnel, and real estate acquisition XI. Possible vote on litigation, personnel and real estate acquisition discussed in executive session. 20131010CityCouncilPacket Page 1 of 102 10/3/2013/jrl XII. Adjournment *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda,other than public hearings,should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the Clerk of Council's office by Wednesday at noon,eight days prior to the scheduled meeting. Agenda request forms are available outside of the Clerk's office at City Hall and at www.c itvofty bee.o rq. ji THE VISION OF THE CITY OF TYBEE ISLAND "is to make Tybee Island the premier beach community in which to live, work,and play." al THE MISSION OF THE CITY OF TYBEE ISLAND "is to provide a safe,secure and sustainable environment by delivering superior services through responsible planning,preservation of our natural and historic resources,and partnership with our community to ensure economic opportunity,a vibrant quality of life,and a thriving future." 20131010CityCouncilPacket Page 2 of 102 10/3/2013/jrl City Council Minutes 20130926 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on September 26, 2013. Those present were Paul Wolff, Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor pro tem Wanda Doyle was excused as she was ill. Mayor Buelterman listed the following items on the consent agenda: • City Council Meeting Minutes, September 12, 2013 • Special City Council Meeting Minutes, September 17, 2013 • Alcohol License Request — Special Event — Beer and Wine; Tybee Pirate Fest: October 10 — 13, 2013 • To obtain the City Council's approval to amend the FY2013 General Fund Operating and Capital Budget for year-end adjustments • To request the City Council's approval to transfer $20,000 from the General Fund contingency fund line item into the Human Resources Department Budget • To obtain the City Council's approval to amend the FY2013 SPLOST 2008 Fund Budget by a decreasing the revenue $20,490.88 • To obtain the City Council's approval to amend the FY2013 Hotel-Motel Special Revenue Funds Budget by an increase of $80,000 • Proposed Thomas & Hutton Engineering Proposal for Sewer Force Main #6 — not to exceed $45,000. • To obtain the City Council's approval to establish a budget for the FY2013 River's End Park Funds Budget in $1,062,523.76 • Indigent Defense Agreement • Chism Ante Litem Notice to reject • Don Montgomery —judge pro tern • Motion from Beach Task Force Meeting. Mr. Wolff explained that the Beach Task Force currently has two tasks for Eric Olsen to review: (1) The second item in the packet has been pulled; and (2) The first task outlines Mr. Olsen will be monitoring the US Army Corp of Engineer (COE) process on the upcoming beach re- nourishment in 2015 to ensure the City is protected and what is done is in the City's best interest. The motion made by the Beach Task Force is to have the city manager request Mr. Olsen provide the City with an engineering quote for a breakwater at Second Street using Campbell Units as they have been instrumental in accreting sand in areas that would otherwise be eroding. Mr. Olsen has responded that he does not feel this would be feasible as it would not be a good location for a hard structure. Mr. Wolff compared work by another engineer on Defuske to accomplish the same effect. Mayor Buelterman agreed to contact the engineer for 20131010CityCouncilPacket Page 3 of 102 10/3/2013/jrl information and a possible cost. Mr. Wolff would ask that Task A as outlined in the packet be put on the consent agenda for approval. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Father Thomas Peyton • Pledge of Allegiance Mayor Buelterman asked Mr. Montgomery, judge pro tem, to come forward and be sworn in. Recognitions and Proclamations Cory Lauber, Crew Leader for Public Works Construction Crew, came forward to receive recognition for Employee of the Quarter. Jill Haynie and Bill Curry approached mayor and council to recognize the Tybee Island Fire Department, Police Department, Ocean Rescue, Southside EMS and Fire Department for their efforts during her recent fire on Silver Avenue. Ms. Haynie read a letter to all the responders and presented a letter of appreciation and a picture of her cat that was saved due to their heroics. Mayor Buelterman expressed his appreciation and gratitude for everything the responders do for all the residents on Tybee. He then asked a representative from each department to come forward and receive a Certificate of Appreciation. Mayor Buelterman thanked the representatives of the Police Department for putting their lives on the line for Tybee. TJ Hilyer approached mayor and council to accept a certificate as he was one of the first responders. Report of Staff, Boards, Standing Committees and/or Invited Guests Chief Sasser, approached mayor and council to give a Fire District Report. He would recommend there be no increase in the Annual Fire Protection Subscription for the unincorporated Tybee areas. He further explained the information in the packet. Mr. Garbett asked Ms. Schleicher to bring back to mayor and council a report on how much each household spends on fire protection as he would like that information to compare to how much the unincorporated area is charged. Mr. Wolff asked if there is a discount with homeowners insurance when they pay for fire protection. Chief Sasser responded no. Mr. Groover asked Chief Sasser the amount that a resident of Tybee would pay for the same service if Southside were they responder. Chief Sasser stated it is done by the evaluation of a residence and is more than what Tybee pays now. Chief Sasser went on to discuss the policies of procedures of Southside Fire as they are different from Tybee mainly due to response time. Mayor Buelterman thanked Chief Sasser for his report. 20131010CityCouncilPacket Page 4 of 102 10/3/2013/jrl Dianne Otto approached mayor and council to give a report on Planning Commission and the Biggert-Waters Flood Insurance Reform Act. Ms. Otto stated that she included handouts in the packet for their information. She would also recommend that the community participate in the Community Rating System (CRS) Program. In this manner, the community will be able to qualify for more credits. Ms. Otto continued stating that at this time next year the City will provide to the Insurance Services Office (ISO) coordinator all the documentation to support the activities we are seeking credit for. She further explained that there are activities in the manual which will allow the City to earn additional credits. Mayor Buelterman asked Ms. Otto the best path to move forward to reduce the rating from a 7 to a 6. Ms. Otto responded that the new CRS manual was revised and the credits have been reassigned different values for example, the CRS has increased the value for open space preservation and decreased some of the values for outreach activities. She explained that there is a self-assessment on-line which might be beneficial in determining how the credits would equate under the new manual. Ms. Otto would recommend the City build the program as it takes 500 points to move from one category to another. Mayor Buelterman stated the City needs to make this a huge priority as we need to get more discounts. Ms. Otto would recommend Tybee partner with neighboring communities to do activities which will give additional credits. Ms. Schleicher recommended Jimmy Brown continue to work on this project. She did speak with Mr. Brown and he indicated that the City had just barely made the rating of 7 and he is currently working to see what we can do. Mr. Groover recommended moving forward with raising the water pumps as it is in the budget for this fiscal year. Mr. Wolff stated he is working to acquire the repetitive lost properties and take them out of the floodplain as dwellings. Ms. Otto stated that there are grant programs available to assist with this type of endeavor. Mr. Brown stated that he attended the meeting last evening and he understands the grandfathering of these properties will stop which will destroy the restoration associated with Tybee cottages. Ms. Otto explained that there are additional CRS activities and ordinance changes that would increase credits, additional free board for example. Tybee Island requires 1' and if the City went to 3' there would be more points. Also, if the City lowered the 50% threshold for substantial improvements, credits are offered. Mr. Garbett stated he has concerns with maintaining the rating of 7. Ms. Otto agreed. She would further recommend that Mr. Brown work directly with the ISO coordinator as he is the one to submit the reports. Mr. Garbett confirmed. Mayor Buelterman directed Ms. Schleicher to meet with Mr. Brown to get a detailed strategic plan with dates and deadlines to move forward as the City needs to get the maximum amount of points to aid the citizens of Tybee. He would also ask that this come back before mayor and council on October 24, 2013. Janice Elliott approached mayor and council to report on Employee Comp Time Draft Changes to the Ordinance for Consideration. Ms. Elliott stated there are two items in the packet this evening: (1) a policy and (2) the current ordinance. This will ensure that 20131010CityCouncilPacket Page 5 of 102 10/3/2013/jrl comp time is used during the current year and used prior to any other leave such as sick or vacation. The current ordinance does not outline a policy for this. She explained that she researched other cities, their policies and found that most cities have policies, not ordinances, as laws and standards are always changing. Ms. Elliott would like mayor and council to compare the two versions to ensure everything has been included. She would also ask that this come back before mayor and council on October 10, 2013 as a first reading. The ordinance would refer to the policy not necessarily in ordinance form. Ms. Fox stated that this seems unworkable if an employee has a lot of comp time on the books. She would recommend Ms. Schleicher send this to the department heads for their recommendations. Ms. Elliott replied that there is a cap on comp time and if used in the fiscal year there will not be a need for a cap in her opinion. Currently the comp time on the books is much lower than prior years. Ms. Fox stated the cap is high as it equates to six weeks of time off. Ms. Schleicher suggested it be lowered which will make it workable. Ms. Fox agreed. Ms. Elliott would recommend that other ordinances within the Human Resources Department be made a policy as laws are changing so rapidly that ordinances could be changed every six months. Ms. Schleicher requested that mayor and council send their recommendations to Ms. Elliott. Chantel Morton approached mayor and council to report on the Downtown Development Authority (DDA). She explained that in the packet that is before mayor and council is the breakout based on their request of similar populations to Tybee Island throughout the State of Georgia that have DDA's and Main Streets as well as information as to what benefits those cities have seen. Mr. Groover asked Ms. Morton what would be the boundaries. Ms. Morton replied the boundaries are typically a central business district but many cities have extended those boundaries to fit their individual needs. With Tybee, it could be city wide which would include the Tybee Post Theater as well as the business corridor. Ms. Fox stated that having a Main Street and a DDA does not make sense as it should have one board. Ms. Morton confirmed stating that with the recommendations she has received from the Department of Community Affairs (DCA) is that in the past, a community with both boards, there was confusion and overlapping. She explained that Main Street is the program and DDA is the authority. This would be addressed in the Resolution. Mayor Buelterman asked about debt. If the DDA were to take on debts, is the City ultimately responsible? Mr. Hughes replied it would be outlined in the Resolution. Mr. Hughes clarified that the Authority is not a pledge of the full faith and credit of the City. Authorities can do things the City cannot. He would have to research as the debt of the Authority is not same as the City's debt. Ms. Fox has concerns as the Authority would need to have a separate auditor from the City. Mr. Groover asked Ms. Morton if this is adopted, how much more staff will be needed and what is the staffing requirements. Ms. Morton replied that she will assist in filling out the information pertaining to economic development as well as working with the City's Master Plan in relationship with how it would fit with the 20131010CityCouncilPacket Page 6 of 102 10/3/2013/jrl Downtown Development Revolving Loan Fund (DDRLF). She explained that there would be a board as well as committees to assist with projects. Mr. Groover asked how much overlap would there be with the Tybee Island Tourism Council, Savannah Chamber of Commerce, Tybee SEBAR and the north-end business owners with the DDA. Ms. Morton responded that everyone is trying to work in partnership. He still has concerns with the overlap. Ms. Morton explained that Main Street is specific to the corridor and the Tourism Council through the Chamber is specific to chamber members as well as marketing the Island as a whole. Mr. Garbett confirmed. He would also recommend that when a Resolution is drawn up, it clearly defines their powers. Mayor Buelterman then asked who would do the Resolution. Ms. Morton stated that she has a manual with sample Resolutions which could be used. Mr. Groover would like deferred to the city council workshop on October 17, 2013. Mr. Wolff asked Ms. Morton to work with the businesses to identify specific projects that they would like to do through the DDA. In that way the DDA could be evaluated. Ms. Fox asked that Ms. Morton go to the Main Street Board and get feedback. Mayor Buelterman agreed with Mr. Groover to put this on the workshop agenda. Chantel Morton then went on to discuss the possible changes in the Local Requests & Applications — Funding, Special Events, and Alcohol License. Mayor Buelterman explained that the changes included put the burden on the applicant to contact the affected parties which would need to be included in the council packet. Mayor and council confirmed. Paul Wolff made a motion to approve. Tom Groover seconded. Vote was unanimous. Monty Parks, approached mayor and council to speak on the Community Day, September 29, 2013. He outlined all the events and invited all residents to attend. Lindsey Fruchtl approached mayor and council to present the Tybee Island Tourism Council Quarterly Report. This presentation was included in the packet. Consideration of Bids, Contracts, Agreements and Expenditures Donation of Land Request to City of Tybee Island: Dr. Dora & Laura Buza — Miller Avenue. Ms. Schleicher explained that this property is an unbuildable site as it has a ditch in the middle. It is her understanding that the property was bought sight unseen and then discovered it was unbuildable. Ms. Schleicher recommended that this property would become green space and could be deeded as a conservation easement. Mr. Hughes stated that his only concern would be to insure the property taxes have been paid. Mayor Buelterman stated he feels comfortable with taking no action at this point until Mr. Hughes can review all aspects of this transaction and bring back to mayor and council. Mr. Garbett agreed. No action taken. 20131010CityCouncilPacket Page 7 of 102 10/3/2013/jrl To request the City Council's approval to write-off 25% of the $64,550 Notes Receivable due from Post Tybee Theater as bad debt, effective June 30, 2013. Mayor Buelterman explained that this item has been pulled until such time as to other options can be found so as not to harm the Post Theater's efforts to raise money. No action taken. To request the City Council's approval to write-off $17,983.62 as bad debt expense for 52 customers non-payment of sanitation and water & sewer fees, effective as of June 30, 2013. Mayor Buelterman asked Ms. Schleicher if there are ways to recover the monies from one particular account as it is 23% of the entire bad debt expense. Ms. Schleicher stated that staff has made every effort to recover these monies to no avail. Mr. Wolff asked Mr. Hughes why the City could not put a lien on the properties until these bad debts have been collected. Mr. Hughes responded that it would have to be done at the time of foreclosure. Mr. Groover asked Ms. Schleicher if the City was to catch up on the billing process, i.e. not bill two months in the arrears, would this eliminate the bad debt. Ms. Schleicher responded that the majority of this debt was prior to the City requiring a deposit on accounts. Since that policy was instituted, there has not been as much write-off as the $200 deposit covers the majority of bad accounts. Mr. Groover added that last year the City wrote off approximately $31,000 and now this year there is another significant write-off and he has major concerns. He would recommend that all billing be done with the current month which would eliminate the bad accounts. Ms. Hudson approached mayor and council stating that she and Ms. Conway are currently working on a new policy. With the new system in place this will make it easier to bill for the current month. Ms. Hudson explained that this should help with the bad debt. Mr. Brown asked Ms. Schleicher the policy for locking the meters due to non-payment. Ms. Schleicher responded that if an individual is two months behind the meter is locked and the water is shut off. She further explained that along with the aggressive shut-off policy and deposits required for new accounts, the lost revenue is not as great. Mayor Buelterman asked Ms. Hudson the percent of residents that have their bill automatically deducted from their checking account. Ms. Hudson responded that she did not have that number. Ms. Schleicher stated that it is hard to retroactively charge existing accounts with a deposit but with deposits required on new accounts there does not seem to be as much bad debt. Ms. Fox asked Ms. Schleicher if deposits are required for those who have had their water cut off numerous times. Ms. Schleicher responded no but that could be written into the ordinance. Ms. Hudson stated she would like this to be effective as of FY14 and not previous fiscal years. Bill Garbett made a motion to approve. Paul Wolff seconded. Voting in favor were Paul Wolff and Bill Garbett. Voting against were Tom Groover, Jan Fox and Barry Brown. Motion failed 3-2. Discussion: Mr. Groover asked Ms. Hudson if taxpayer money can be used for bad debt. Ms. Hudson clarified that this is not tax payer money but from the water/sewer fund, user fees. Mr. Groover asked for clarification of previous write-offs. 20131010CityCouncilPacket Page 8 of 102 10/3/2013/jrl Ms. Hudson stated these are old accounts, two years old, and every effort has been made to collect theses fees. Ms. Fox asked Ms. Hudson to give mayor and council a quarterly financial report at the workshops which would include the first quarter aging report. Ms. Hudson confirmed. Mr. Brown asked Mr. Hughes if the bad debt could be attached to the property so when sold the new owners would be responsible for the arrears. Mr. Hughes stated there is a statute regarding water bills and depending on whom it is incurred by, if incurred by the owner of the property you would have a valid lien that would run with the property and would run to the new owner but if not incurred by the owner such as a renter it cannot be done. Currently, if a renter has a balance on their account and abandons the property, the owner of the property is not responsible. Propose purchasing 6 garbage cans with cigarette dispensers and one Big Belly Compactor for the South end Business District. Locations are indicated in exhibits. Cost for 6 heavy duty teal colored garbage cans with cigarette dispensers in $7,602.72 and one 160 gallon single station Big Belly Compactor is $2,995 for a total of $10,597.72. To purchase at this time would require approval and a budget amendment by city council from contingency to public works small equipment — 100-1565-52-2203. Mr. Wolff asked Ms. Schleicher how much labor this would save as this can would not have to be emptied as often. Ms. Schleicher responded that it is not so much the labor but having only one receptacle at proposed location handling the garbage. This would preclude a build-up of garbage at that location. Ms. Fox asked Ms. Schleicher to report on the balance in the contingency. Ms. Schleicher stated not a whole lot. Mayor Buelterman asked Ms. Schleicher the purpose behind this request. She explained that there are not a lot of garbage cans along the new corridor and the thought was to put a Big Belly at the corner of Strand and Tybrisa as that is one of the busiest locations on the Island. This would be a test to see if the Big Belly could keep up with the volume in that area. She explained that the turnaround time to receive these units is six to eight weeks. Ms. Fox recommended that this be brought back to mayor and council in January after financial reports are received and an accounting of the contingency. Mayor and council agreed. No action taken. Paul Wolff made a motion to approve the consent agenda. Tom Groover seconded. Vote was unanimous. Public Hearings Short Term Work Program Update. Ms. Otto approached mayor and council stating what is before mayor and council is the updated Short Term Work Program. Items in yellow have been budgeted for this fiscal year. This is now more in-line with the Capital Improvement Project (CIP) and budget planning. Ms. Fox referenced the project regarding the sea level rise was not included in the update. Ms. Schleicher responded that this was not in the CIP but the raising of the wells has been included. She further explained that 20131010CityCouncilPacket Page 9 of 102 10/3/2013/jrl what is before mayor and council does include five years. Ms. Fox stated that her understanding was that this item would be continued to assess other things that could be done such as the pre-disaster mitigation. Mr. Wolff concurred. Ms. Otto stated that if this were to be adopted this evening, there is a Resolution that would need to be executed and sent to Department of Community Affairs. Ms. Fox stated that she thought the Short Term Work Program would be more general than specific as to individual items such as a pick-up truck. Mayor Buelterman recommended that this be put on a future agenda and if there are changes and/or recommendations they send to Ms. Otto for updates. To come back October 24, 2013 city council meeting. Consideration of Ordinances and Resolutions Second Reading, 32-2013A-1, Section 13-015. Zoning map amendment (between Teresa Ln. and Byers St.). Mayor Buelterman stated that mayor and council have received correspondence from two additional property owners, lots 2 and 3, in addition to the ones that were previously exempted, lots 5 and 7. Mr. Brown asked Mayor Buelterman if there is not an ordinance currently to help prevent the neighbors of the adjacent property from commercial. Ms. Otto confirmed the receipt of notices from the owners of lots 2 and 3. She explained that changes in the zoning map which is in the room. Ms. Otto stated that if the map were to be changed to include lots 2, 3, 5 and 7 as commercial there would have to come before mayor and council as a public hearing. Mr. Wolff would reiterated his previous comments as these lots are west of Byers which distances them from the true commercial district as there is no commercial activity now. Also, these properties are adjacent to residential properties and this is the right thing to do as it maintains the continuity of the neighborhood by rezoning to R-2. Tom Groover made a motion that lots 2, 3, 5 and 7 remain zoned C-2 and lots 1, 4, and 6 be zoned R-2. Barry Brown seconded. Voting in favor were Tom Groover and Barry Brown. Those voting against were Paul Wolff, Jan Fox and Bill Garbett. Motion failed 3-2. Paul Wolff made a motion to approve on second reading rezoning lots 1, 2, 3, 4 and 6 to R-2. Bill Garbett seconded. Voting in favor were Paul Wolff and Bill Garbett. Voting against were Tom Groover, Jan Fox and Barry Brown. Motion failed 3-2. Mr. Hughes recommended that lot 1 should be dealt with on its own to be consistent with the first reading. Jan Fox made a motion to rezone lot 1 R-2 and lots 2, 3, 4, 5, 6 and 7 zoned C-2. Barry Brown seconded. Discussion: Mayor Buelterman clarified that this would address lot 1 as it has split zoning and the remaining lots would stay C-2. Voting in favor were Jan Fox, Tom Groover and Barry Brown. Opposed were Paul Wolff and Bill Garbett. Motion carried 3- 2. Mayor Buelterman asked Mr. Hughes for clarification as this is a change from first reading. Mr. Hughes stated that this would need to be re-advertised as this would give the public opportunity to speak for or against this proposal. He then asked for clarity that there be a motion that lot 1 on its own be zoned R-2 and the map be amended to reflect. Tom 20131010CityCouncilPacket Page 10 of 102 10/3/2013/jrl Groover made a motion to rezone lot 1 to R-2 and the Zoning Map be amended to reflect that. Barry Brown seconded. Vote was unanimous. Council, Officials and City Attorney Considerations and Comments Mayor Buelterman asked Ms. Schleicher to contact the Georgia Forestry to assess the overhanging tree branches on Tybee Island. Mayor Buelterman stated he has concerns with the smoking rules adjacent to YMCA and fire department. He would recommend that individuals not be allowed to smoke at the fire department and YMCA. A discussion ensure regarding locations where smoking would be permitted. Mr. Garbett recommended that Ms. Schleicher provide Mayor Buelterman a map of the area so he can mark locations where smoking would and would not be permitted. Mayor Buelterman confirmed and stated this would be brought to mayor and council at a future council meeting. Mayor Buelterman asked Ms. Schleicher to move forward with the sidewalks from 18th — 19th Street. Mr. Wolff stated that the Infrastructure Committee is currently working on this project as there has been public input which revealed there are no major issues as the sidewalk will on encroach 7' from the pavement. Mayor Buelterman asked Ms. Schleicher to have the work completed by St. Patrick's Day. Mr. Wilson confirmed. Mr. Brown expressed his concerns with the parking at the location. Mayor Buelterman responded the parking would be handled as it is in similar areas. Bubba Hughes, Marine Science Center lease. No action taken Wanda Doyle (Diane Schleicher) Ms. Schleicher gave an update on the Public Safety Building in Ms. Doyle's absence. She explained that the Public Safety Committee did meet to review the design and items to be presented to mayor and council at the October 24th meeting will include RPF for the demolition of the Ceramics Building and the Squad Room. Also, GA Power lines will need to be relocated which will involve some cost. This will also be before mayor and council on October 24th. Mr. Brown had questions regarding the overall cost associated with GA Power, Comcast and other utilities. He would like to know how these costs would be consolidated in the overall budget without going over the number that was discussed. Mr. Wolff stated there is a line item within the budget for the public safety building that includes miscellaneous items. Ms. Fox responded that those funds have been budgeted. Mr. Brown expressed his concerns with unforeseen conditions which have not been budgeted for and would like these types of costs consolidated into the overall budget. Ms. Schleicher stated that this was discussed at the Public Safety Committee Meeting today and there was an agreement that the committee would like all the numbers as quickly as 20131010CityCouncilPacket Page 11 of 102 10/3/2013/jrl possible and the design of the building may change due to unforeseen expenses. Ms. Schleicher discussed the demolition schedule and associated costs. Diane Schleicher gave an update on signage on Highway 80 explaining that the sign is up and running and located on Highway 80 and Bryant Woods Road. It is currently being operated by Savannah Metro and they are in close contact with the Tybee Island Police Department. A media event will be forthcoming as this is an example of multi-jurisdictional cooperation. Tom Groover read a statement regarding Doyle Landscaping (attached). Mr. Groover whet on to ask Ms. Schleicher several questions regarding paver testing to which she responded. A discussion ensured regarding pavers, testing and installation. Mayor Buelterman stated that he feels staff is trying to do what mayor and council thinks they want them to do regarding this issue. Mayor Buelterman apologized to Doyle Landscaping for this item being added to the agenda as they are a business. He then asked Mr. Groover what would be his recommendation. Mr. Groover responded that he would like to return to testing the pavers as was done in the past. Mr. Brown stated he would like to repeal the entire ordinance. Mayor Buelterman agreed. Mayor Buelterman again asked Mr. Groover what would be his recommendation. Mr. Groover stated he would like to return to testing driveways to ensure they meet the ordinance. Ms. Otto stated that this item was on the Planning Commission agenda but there were time constraints and the item was deferred to the following meeting. Mr. Wolff asked for clarification regarding what the Planning Commission will be reviewing. Ms. Otto went on to detail that an application was received in her office for a driveway repair replacement that would tear up concrete and replace with pavers. All the documentation was received which included the certification written by the installer. This was then forwarded to the City Manager for review. She in turn forwarded to the city attorney for his comments. Ms. Otto stated she has since learned that the driveway was installed without a permit and the contractor will be penalized for an after- the-fact permit with penalties. If it is found not to be sufficient then the contractor will have to remove the driveway. Mayor Buelterman stated he was comfortable with that. Mr. Brown stated the contractors are having difficulty in getting the manufacturer to provide certification that the pavers will meet the City's ordinance. Ms. Otto stated that Low Country Paver's did meet with staff and is willing to assist the City in their endeavors. Mr. Groover again asked staff for the policy regarding pavers. Mr. Hughes responded that he does not agree with everything Mr. Groover stated and reminded mayor and council that it is their responsibility to set policies and policies can include how the standards are to be established. He explain that it is his understanding that options have been forwarded to the Planning Commission and in the meantime, letters have been sent to the manufacturers and installers requiring they provide evidence that their pavers meet the one inch storm water retention. It was the census of mayor and council at the last city council meeting 20131010CityCouncilPacket Page 12 of 102 10/3/2013/jrl that if a certificate could not be provided a permit would not be issued. Mayor Buelterman recommended if Mr. Groover would like to make changes to the ordinance it would need to be on the agenda for an upcoming meeting. Mr. Groover confirmed. Diane Schleicher reported on executed contracts received from the south-end business owners for the upcoming event, Sponge Bob 2: Movie. She reported that working agreements have been received from all the businesses involved with the movie. She is not aware of any problems. Paul Wolff made a motion to adjourn to Executive Session to discuss litigation and personnel. Tom Groover seconded. Vote was unanimous Tom Groover made a motion to return to regular session. Paul Wolff seconded. Vote was unanimous. Paul Wolff made a motion to adjourn. Bill Garbett seconded. Vote was unanimous. Meeting adjourned at 10:10PM 20131010CityCouncilPacket Page 13 of 102 10/3/2013/jrl Mayor, Council and Residents of Tybee Island, I would like to take this time to dispel a rumor and set the record straight. I have been approached by more than a few residents regarding an attempt to put Doyle Landscaping out of Business. I can assure you all that this is not the case. I have nothing but respect and admiration for Doyle Landscaping and all of the other paver installation companies which do work on this island. The competition between them is fierce and the profits are probably small, but they all survive. All of these companies have problems with our paver ordinance, but as long as the competition is fair and equal, and the rules don't change, they all have the same opportunities. Council does not dictate to staff policies regarding testing. We do not tell the Police Dept. how to perform a field sobriety test. We send the officers to training and trust that they perform the test in accordance with that training. The same applies to testing pavers. The Planning and Zoning Manager and the City Engineer were both trained in Storm Water Management. They both have performed the same water test for years without incident until March 21, 2013. On that date, Doyle Landscaping failed a preliminary water test on a paver installation. This was probably because they inaccurately interpreted the ordinance, 20131010CityCouncilPacket Page 14 of 102 10/3/2013/jrl which was redefined on February 14th. This issue could have been resolved very easily with a little communication and some trust, but the city chose to cover the problem up. The city manager sent a memo dated March 22, 2013 placing a "Moratorium on Paver Testing". This memo was only sent to two employees, the Manager of Planning and Zoning with a copy to the city engineer. One would think that since council is the only body with the ability to place a "Moratorium" on anything, we would have been notified. A moratorium was never considered during any of the discussions regarding the paver ordinance. The vote by council was 4 to 2, with MS. Doyle and Mr. Brown voting against. Not only was council not notified, none of the other paver companies were either. By issuing this memo in this manner, the city not only skewed the playing field, it also removed all competition. I found out about this from two paver companies who both complained they were being unfairly treated by the city. They both wanted to take me on a tour of the island so they could show me what was going on. I refused until I could find out from the city what was actually happening. After researching this, I found that Doyle Landscaping, through no fault of their own, was afforded an opportunity by the city and they took full advantage of it. Businesses seek ways to gain advantage over their competition all the time. The one thing that they don't expect is to gain the advantage from the city. 20131010CityCouncilPacket Page 15 of 102 10/3/2013/jrl One week ago, Tybee finally sent out letters to all of the paver installers doing business on the island regarding the requirements for paver installation. It took six months from the middle of March until now for the city to re level the playing field. So, I do congratulate Doyle Landscaping on their success for the past six months and wish them equal or more success in the future. Questions: (1). Did you know on the 22nd of March who the paver company was who failed the test? (2). Are you aware of any other paver installation test which failed? What did the paver company have to do to correct the problem? (3). Did you realize you were giving DLC a monetary benefit by issuing the final paperwork on the property without the paver issue being resolved? 20131010CityCouncilPacket Page 16 of 102 10/3/2013/jrl MAYOR 4 CITY MANAGER Jason Buelterman � , Diane Schleicher CITY COUNCIL C CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern . Janet LeViner Barry Brown Jan Fox `' CITY ATTORNEY Bill Garbett Edward M.Hughes Tom Groover Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: October 10, 2013 Item: Public Hearing Explanation: Site Plan Approval with Variance— 1315 Butler Ave.; zone C-1/SE; Dixie Pedaler, LLC, petitioner; consideration of additional business at commercial location Budget Line Item Number(if applicable): N/A Paper Work: Attached* 4 Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912)472-5031 /dotto @cityoftybee.org Comments: Date given to Clerk of Council: October 1, 2013 * * P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 City of , Ethics f www.cityoftybee.org �Lyy 20131010CityCouncilPacket Page 17 of 102 10/3/20G/jirt is .1 kl 1 1 r, �I c� � ,At+lzu rxn∎ PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: September 17, 2013 Petitioner: Dixie Pedaler, LLC Project Name/Description: 1315 Butler Avenue Action Requested: Site Plan Approval with Variance Special Review Subdivision: Site Plan Approval X Sketch Plan Approval Conceptual Zoning Variance X Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop X Second Borkowski X Bramble X _ Motion to approve Callahan X Marion X McNaughton Recused Parks Chair The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued Planning Commission Chair: Date: ! `6 Planning& Zoning Manager: caCil 147C(') Date: q-(8-1e5 20131010CityCouncilPacket Page 18 of 102 10/3/2013/jrl 4 STAFF REPORT PLANNING COMMISSION MEETING: September 17, 2013 CITY COUNCIL MEETING: October 10,2013 a,oso' LOCATION: 1315 Butler Avenue PIN: 4-0007-16-001 APPLICANT: Dixie Pedaler, LLC OWNER: same EXISTING USE: commercial PROPOSED USE: same ZONING: C-1/SE USE PERMITTED BY RIGHT: Yes, after site plan approval CHARACTER AREA: Inland Cottage Neighborhood APPLICATION: Site Plan Approval with Variance PROPOSAL: The applicant is seeking approval to transfer an existing internet-based business from a residence to a commercial location. The request includes adding shuttle services and golf cart rentals (14 total carts) to the existing multi-person bicycle business. ANALYSIS: Section 5-080 requires Site Plan Approval for this intended project as stated in the first paragraph of Land Development Code Section 5-080, Site Plan Approval: The site plan approval process is intended to provide the general public,planning commission, and mayor and council with information pertinent to how a new development will affect the surrounding area and the city as a whole. Where no variance is necessary for the intended project, or development, there is no evaluation process or set of regulations other than what is required to be shown on the site plan and listed upon the application. Where no variance is requested, site plan requirements are intended as a tool for public information. Where a variance and/or zoning action is requested in connection with a site plan, the standards applicable to the variance and/or zoning action applied for shall apply. A Shell gas station/convenience store and a Blimpie restaurant are located at 1315 Butler Avenue. Approval of the proposed request to add Dixie Pedaler,LLC,would result in three businesses operating at the site. Approval of this request would require a variance from Section 3-080, Off-street Parking Requirements. The ordinance does not include a requirement for additional parking spaces for a business type such as Dixie Pedaler. Calculations of the number of required and provided parking spaces are provided in the table below. USE SQUARE FOOTAGE REQUIRED SPACES PROVIDED SPACES Blimpie dining area 366 6.1 _ Shell convenience store 2,500 12.5 Dixie Pedaler N/A N/A TOTAL 18.6— 19 8 The target location is bounded by four-lane Butler Avenue to the east, Fourteenth Street to the south, Lovell Avenue on the west, and the Tybee Island Social Club bar/restaurant on the north. A traffic signal is located at the Butler Avenue/Fourteenth Street intersection. The plan for relocation of Dixie Pedaler to the site includes an office within the existing Shell convenience store with the transportation vehicles to be located outside on the southwest corner of the property. The vehicles include a quad bike and 14 motorized carts for shuttle services and rentals. If Site Plan Approval with Variance is granted, the golf cart proposed for the southeast corner of the property must not violate Section 3-050, Obstruction to Vision at Street Intersections. An outside sales kiosk is not included in this request. An existing privacy fence is located to the west and partially on the south. A picket fence bounds the remainder of the south property line in the area proposed for most of the vehicles, adjacent to Sting Ray's restaurant located on the opposite side of Fourteenth Street. 1 20131010CityCouncilPacket Page 19 of 102 10/3/2013/jrl The site is located in the Inland Cottage Neighborhood Character Area. The following table correlates Dixie Pedaler's proposal with the Recommended Development Strategies of the Comprehensive Plan. Comprehensive Plan Section 1.2.6 Meets Strategy Inland Cottage Neighborhood • Recommended Development Strategies Y/N or N/A 1 New development,redevelopment and restoration should be consistent with existing N character of the area in terms of mass, scale,use and density. 2 Permit only compatible uses including low density residential,public/institutional, and N low impact commercial. 3. Develop and implement design and architectural standards. N/A 4 Implement streetscape improvements to improve the pedestrian/bicycle environment and N/A encourage safety and mobility. 5. Historic structures in this area should be restored and/or preserved whenever possible. N/A 6. The City should provide appropriate incentives for historic restoration projects. N/A The proposal is in keeping with the C-1 District as outlined in the Land Development Code Section 4-050(E): The purpose and intent of commercial districts is to provide central locations for city businesses and services to meet the market needs of Tybee Island residents and visitors. The focus of the C-1 beach business land use district is to provide for commercial and residential land uses that support and complement recreational use of the beach and general tourism of the island. The land uses permitted in this district provide for a substantial amount of the island's employment base. The amount of C-1 acreage is directly proportional to the city's economic activity. These land uses are designed to harness economic activity of the daytime visitor as well as residents and overnight visitors. If this Site Plan Approval with Variance request is granted, the operation of Dixie Pedaler will be subject to the requirements of Section 4-050(0), South End Business Overlay District, and the South End Policies and Procedures. STAFF FINDING Staff finds the proposed addition of Dixie Pedaler with an office,quad bicycle, shuttle services, and golf cart rentals would violate the intent of the Inland Cottage Neighborhood Character Area of the Comprehensive Plan. The petitioner's request is in keeping with the C-1/SE zoning district/overlay. The existing number of parking spaces do not satisfy the existing uses at the site and the necessary variance from the off-street parking requirements is a key consideration for adding a third business to the location. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Application(2 pages) B. Business License detail for Dixie Pedaler, LLC(1 page) C. Narrative by applicant(2 pages) D. Survey&enlargement of survey(2 pages) E. Site Plan with details(3 pages) F. SAGIS (1 page) G. Photographs provided by applicant(2 pages) L2.6 ge:5400ari-,opd -croft, Mas4-tr plat (2 pages) 2 20131010CityCouncilPacket Page 20 of 102 10/3/2013/jrl Site Plan Fee Commercial $500 CITY OF TYBEE ISLAND Residential $250 SITE PLAN APPROVAL WITH VARIANCE APPLICATION Variance Fee Commercial $500 Applicant's Name 1 ELLIE. L-I� lNCDSM.1 / 'i s' i� PE DS tE� L Residential $200 Address and location of subject property 1315 13t4.1-1 e,r 4 vcnuL PIN 4- 0007- l(p- b O l Applicant's Telephone Number q i - La tD ' 4 47(t, Applicant's Mailing Address P D —601 4 WI T9SEE ISLA)JD c,A 313 a e Brief description of the land development activity and use of the land thereafter to take place on the property: rf0 LAND 'DEVELDPIN.EW1 , t�EPU2PDSIN6- of et,S 11.6 U>,u.5 Cr) RQEA ONL,y Explain the requested variancek1lb i 61156nq pirIUnq h rum alA l.�ncilangec� A5 no �para_�ng re c6w rc ote nt - ( ..,vx� L-i s'G e u,l S 5 Explain the hardship Sew na rraci--;v� Property Owner's Name 5 NV 0 EEP, LAC- Telephone Number G i l a ' -7 S -0002n Property Owner's Address Po k3b)C. 14 3q 4-0 3M ISLA-ND , GA 313 a S Is Applicant the Property Owner? 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 C--1 56 Current Use CDt4 r41EtJCE 5TbVE /REs-rivuehoT/Gas ST-not) 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 $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. 0 .. 19l 13/13 Signature of Applicant Date NOTE: Other specific data is required for each type of Site Plan Approval with Variance. Fee Amount$ 110 0 Check Number `-31"j Date gi-14-13 City Official Qt' C N-A‘..,) 20131010CityCouncilPacket Page 21 of 102 10/3/2013/jrl NOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below. �1 Pi 3 copies, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. j)/A 1 copy, no smaller than 11 x 17, of the existing tree survey and the tree removal and landscaping plan. ✓ Disclosure of Campaign Contributions V Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions. 1 copy, no smaller than 11 x 17, of the proposed site plan and architectural renderings. Section 5-040 (D)(1) A survey of the property signed and stamped by a State of Georgia certified land surveyor. Section 5-040 (D)(2) Provide attachments illustrating conditions on the subject and surrounding properties indicating that there are unique physical circumstances or conditions including: irregularity, narrowness, or, shallowness of the lot size or shape, or, exceptional topographical or other physical conditions peculiar to the particular property That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property. Sections 5-090 (A)(1) and 5-090 (A)(2). 1.1/k If this variance application is for a Height Variance, in addition to other requirements, the petitioner shall be required to: Add two feet to each side yard setback for each one foot above 35 feet in height, and, Have safeguards consisting of sprinkler systems, smoke detectors and other fire protection equipment deemed necessary at the time by the Mayor and Council, and, Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above 35 feet height. Section 5-090 (B) 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 with Variance and has provided the required information to the best of his/her ability in a truthful and honest manner. -/?".0,6„e • e/ /3//2 Signature of Applicant Date 20131010CityCouncilPacket Page 22 of 102 10/3/2013/jrl • License ManaI ement - View File Edit Options Functions Consoles Help Irma - 'mu01 ';, License 02298 , " Issued To 'DIXIE PEDALER LLC gi Period J02/04/2013-12/3112013 License Code 14789 t 1TRANSPORTATION SERVICES General 1 Fees l Information 1 Comments I History 1 Footprint 1 Licensee Information -- —License Details Attention ;'JULIE LIVINGSTON 'Active-Paid . Address PO BOX 989 Origination Date 1+ '211 " , TYBEE ISLAND,GA 31328-0000 Effective Date 2/04/201 .Al Expiration Date 12/31/201 '!t Termination ° Business Information Renewed Date '111111111M Business Class MEI if,P1BgBit4E1B Printed Date 2/27/.21113 ti Report Code 485310 Tettt Serviice Balance 0.00 Contractor ' i Pending Activity 0.00 it 2nd Contact Lit NI STON..JIJLIE c■ same I j210SECON[tA�1E �„ BUS PHONE 740-617.9575 fermi Property Address E G GA TAX ID LM t o City Limits r Inside C €luls de FED ID It 1 Exceptions I IJ r Lit This Record Clear I View _l dotto i 20131010CityCouncilPacket Page 23 of 102 10/3/2013/jrl Attachment A-Narrative The transfer of the Dixie Pedaler business to 1315 Butler Avenue will be consistent with the purpose and intent of the C-1 beach business district as outlined in the Land Development Code. There will be no improvements or additions to the exterior of the building and a small counter space currently in existence in the interior of the Convenience Mart will be utilized to complete rental agreements, etc. Business records will be maintained at my home. No kiosk is planned. Customers of the Dixie Pedaler have traditionally not used parking as 90% either come from the South end via walk up or take a shuttle service from the North area to board the bike. The golf cart rentals are targeted at visitors staying on Tybee who wish to experience it in open air vehicles and generally keep the carts for 24 hours or more. We will be offering free delivery and pick up of the carts and will provide shuttle service if they so desire. There is adequate room for all of the vehicles on the lot without interrupting the traffic flow or current parking for Blimpie or the Convenience Mart. There will be no substantial changes to the current parking configuration. There is public parking consisting of 6 metered spaces directly adjacent to the South, 9 metered spaces directly adjacent to the West and the large municipal parking lot within walking distance(approximately 1000 feet) East at the end of 14th St. The site plan adds parking for the quad bike and golf carts by repurposing existing, unused paved space. The golf carts and quad bike will be located in areas that are currently unused(see drawing) on the South and Southwest area of the lot near where the dumpster enclosure is. This area is not currently a parking area and is generally roped off. The golf carts are generally 3' wide and 8.5' long,the quad bike is 6' wide and 16'long. See the above, the existing parking plan for the business already on this property along with the drive isles and curb cuts are not being altered. Parking space for the quad bike and golf carts is obtained by repurposing unused paved space. No charging station is required. There currently exists 1 exterior outlet on the South side of the building that is sufficient for charging the quad bike and 1 golf cart. As part of the golf cart rental agreement they are to be returned charged(similar to filling the gas tank when renting a car.) Should a cart need charged it will be done so at the existing outlet. The adjacent use to the East is commercial (across Butler Avenue) consisting of an Inn/special event venue and a nearby hotel. To the West is one row of public parking, Lovell Avenue and then residential. There currently exists a wooden"privacy" fence along the entire West perimeter of the lot and wrapping around approximately fifteen feet on the South side of the lot. The fence is six foot high on the lot side an approximately 1 '/2 foot higher on the Lovell Avenue side due to an elevation change. See attached photo. 20131010CityCouncilPacket Page 24 of 102 10/3/2013/jrl Customers and any employees of the Dixie Pedaler will be permitted to use the restroom facilities currently available for both Blimpie and the Convenience Mart. 20131010CityCouncilPacket Page 25 of 102 10/3/2013/jrl Dit g t /y?l'W Do\O '.kna,aaM]IIIC J0 mr� urod.vm=moon 71111 NV7G®W 100-9h4000-p# — ii E 1g "Ois bO r' a.u,,,W oai0ao07a oiaond tow iHOUVa168"av/�elf6fla gNOV SV'0'1J'o OO'ZISOI .unowm snimonoo.wv�.n 7rvN6 HIV Calm I4L O any O �. 4, i fl1 iwsiui.fownaaa�amnoaa iviwr3 '� A3/��el(1S — .1 I F }� mri o0 Em ra-9-smouaas Vila'NOUVaodam t aalanaa JlL mo VIIVNiVlq'aIM61 a I a000 wmaoaa of anumaa ssmisne va au'iNVS 19rg1, GAL d0 A* 3HL NI 9N9a 111 n9—GGV •....xosws 3 s sNaetiOndau�msaxv '311'''''A ave'7n'aaawvr 'I ]a.4 .. ; rWUwrooua'ao all CU ,n, OHV 9NIAl'311N3Atl�,,,>e Slfil Sv nvz'ri=mr�"�aiva aov o" y 0 uv�a 1fla aN.al =VBnd NMONA'$'OiIVM'91 ONV SI 6L01 DDe 6 e•alvq and ii N t-..! - 'S1 v 1 g 'y. 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V►EW (1315 13u11512) IoM• 1-011 EL-t- Ave. FA c.►N& cA$ • IC ■ • C • a z Syr I ._ a 11 1 1 /aa..�r _ P ' '� _ � �- a �. 1r 710. -_a'! ..„- :jy�fW�,S J 's f.1-4-.:_ ,f.'. . ♦_ Yi ry :i” ,l V,,orl#.,lt t 1 , J, _,l 1 I i y ounc 'ac r 'age o f TU/3/[U137jrt_:_ City of Tybee Island, Georgia Master Plan Community Agenda • Promote the use of conservation easements to protect marshland that is in private ownership, (i.e. King's Grants). • Promote areas as passive-use tourism and recreation destinations. • Support the use of these areas for shellfish aquaculture as appropriate. • Encourage the restoration of oyster reefs through established programs. • Require the use of naturally vegetated buffers adjacent to marshland to mitigate the impacts of development. • Restrict or discourage uses adjacent to this area that could contribute to water pollution. • Erosion and sedimentation control should be enforced adjacent to this area. • Improve coordination with GDOT on clearing/cutting adjacent to or within marsh areas associated with transportation projects. • Minimize and restrict billboards within or adjacent to marshlands and views of the marsh. Zoning Classifications: Property within the Coastal Marshland character area is currently zoned in accordance with the following categories: • E-C Zoning Considerations: • Marshlands should remain in a natural state. Growing gardens are not an appropriate use. 1.2.6 Inland Cottage Neighborhood This character area describes the traditional neighborhood along the west side of Butler, which contains narrow,tree-lined streets laid out .►�'a `' in a grid pattern. The area is .104 _ varied in land use as it contains permanent residential properties, homes, rental 1 properties,parks, low-impact commercial establishments, and I ! ' public buildings. Residential ? • a'., i. development within this area1 contains both traditional and historic cottage homes, large new residential houses and multi-family units. This area provides for alternative transportation routes by providing an alternative automotive travel route to Butler Avenue, a bike path, and Integrated Science&Engineering 21 January 2008 20131010CityCouncilPacket Page 34 of 102 10/3/2013/jr1 City of Tybee Island, Georgia Master Plan Community Agenda stop signs to slow the movement of vehicular traffic creating a more pedestrian friendly environment. Recommended Development Strategies: • New development, redevelopment, and restoration should be consistent with the existing character of the area in terms of mass, scale,use and density. • Permit only compatible uses including low density residential,public/institutional, and low impact commercial. • Develop and implement design and architectural standards. • Implement streetscape improvement to improve the pedestrian/bicycle environment and encourage safety and mobility. • Historic structures in this area should be restored and/or preserved whenever possible. • The City should provide appropriate incentives for historic restoration projects. Zoning Classifications: Property within the Inland Cottage neighborhood character area is currently zoned in accordance with the following categories: • R-2 • P-C Zoning Considerations: • Allowed uses in the R-2 category need to be strictly enforced to protect the character of this neighborhood by ensuring new development is consistent and desirable. • Residential zoning categories need to be expanded to include maximum lot coverage standards consistent with existing development and the character of the area. 1.2.7 Lazaretto Creek Maritime District This area is comprised of developed and undeveloped land 1 p.10- along Highway 80, adjacent to Lazaretto Creek that serves as a , "community gateway"to the *- Island. This area functions as a " maritime and activity center for , .- residents and tourists and offers public recreational access to the ! A 1r water via Lazaretto Creek. Uses Q <' currently found in this district include the shrimping industry, • dolphin tours, parasailing kayaking, recreational boating, Integrated Science&Engineering 22 January 2008 20131010CityCouncilPacket Page 35 of 102 10/3/2013/jrl MAYOR + CITY MANAGER Jason Buelterman /Of:- Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Fox CITY ATTORNEY Bill Garbett * Edward M.Hughes Torn Groover DI ocit ' Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: October 10, 2013 Item: Public Hearing Explanation: Variance—2-B Second Terr.; zone R-T; Paul Ewaldsen, Jr.,petitioner; consideration of setback encroachment for deck and stairs Budget Line Item Number(if applicable): N/A Paper Work: Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912)472-5031 /dotto @cityoftybee.org Comments: Date given to Clerk of Council: October 1, 2013 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 i City of , 5 Ethics 0 www.cityoftybee.org 20131010CityCouncilPacket Page 36 of 102 10/3/ 8/ c\\,.___ '' ' , A i ) PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: September 17, 2013 Petitioner: Paul Ewaldsen, Jr. Project Name/Description: 2-B Second Terrace Action Requested: Variance Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance X Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop X Borkowski X Second Bramble X Callahan X Marion X McNaughton X Motion to deny Parks Chair The Planning Commission recommends: ❑ Approval // Denial ❑ Continued I Planning Commission Chair: Date: V/63 Planning& Zoning Manager: �_ .AA.,_ l�` Date: n--( g `Z 20131010CityCouncilPacket Page 37 of 102 10/3/2013/jrl STAFF REPORT PLANNING COMMISSION MEETING OF: September 17, 2013 lU CITY COUNCIL MEETING OF: October 10, 2013 LOCATION: 2-B Second Terrace PINS: 4-0004-04-006 APPLICANT: Paul Ewaldsen,Jr. OWNER: same EXISTING USE: single-family dwelling PROPOSED USE: same ZONING: R-T USE PERMITTED BY RIGHT: Yes APPLICATION: Variance COMMUNITY CHARACTER MAP: Arts,Eats,Eco-business Corridor PROPOSAL: The applicant proposes a replacement deck and stairway. ANALYSIS: The property owner has stated a second-story deck was removed at 2-B Second Terrace due to safety concerns. A required permit was not obtained. The owner plans to replace the 4-foot wide deck that was removed with a 6-foot wide deck.Also the remaining stairs would be demolished and replaced with new. The single-family dwelling is located in an R-T zoning district. The required setbacks are 20-feet front and rear, and 10-feet on the sides. The subject structure is nonconforming to the R-T setback requirements. Land Development Code Section 3-020(B)(1), Continuance of Nonconforming Uses/Structures,requires: A nonconforming residentially used structure which is only nonconforming as a result of a setback encroachment on some portion of the property, may be expanded and enlarged beyond its ground footprint without a variance as long as no further encroachments into any setbacks are to be created and so long as all other provisions of the ordinances are complied with, such as all applicable building, state and federal regulations including those set forth by FEMA and all green space requirements are met. The proposed project would expand the footprint in the required rear 20-foot setback area, and perhaps the east 10-foot side setback. Therefore,approval of a variance is required for this proposed project. The general character of the area surrounding the Second Terrace property is fully developed residential. The dwelling has a view of the Atlantic Ocean. Section 4-050(D) of the LDC describes the R-T,Residential Tourist District, as follows: The purpose of this district is to provide for areas where tourists and residents are mixed. Development in this district is primarily residential; however, limited accommodations are made for the housing of the tourist population visiting overnight, weekends, weeks, or extended periods. The description from the Comprehensive Plan of the Arts, Eats, Eco-business Corridor Community Character Area reads: This area functions as an activity center with a mix of neighborhood commercial uses including shopping, crafts, restaurants, and eco-tourism. The following table demonstrates Mr. Ewaldsen's proposed deck/stairway project meets the only applicable Recommended Development Strategy of the Character Area. 20131010CityCouncilPacket Page 38 of 102 10/3/2013/jrl Comprehensive Plan Section 1.2.1—Arts, Eats&Eco-Business Corridor Recommended Development Strategies Strategy Meets Strategy Y/N or N/A 1 New development,redevelopment and restoration should be consistent with I, existing character of the area in terms of mass, scale,use and density. Encourage commercial and mixed-use infill development and redevelopment 2' along the Highway 80 commercial corridor. N/A 3 Down zoning within the Highway 80 commercial corridor should be N/A discouraged. 4 Establish a set of standards for a maximum percentage of residential use on a N/A per parcel basis to encourage mixed-use. 5. Enhance pedestrian movement through streetscape improvements. N/A 6 Support the continued development of the Tybee Island bikeway including N/A bike lanes and multi-use trails. Establish standards and design guidelines for signage. Develop a"theme" for 7. signage to ensure that it is consistent and fits with the character of the area and N/A the Island as a whole. Allow for an appropriate mix of retail,residential,and tourism-related uses 8' consistent with the vision of the Plan. N/A 9. Implement traffic calming measures and parking improvements. N/A • Establish noise and sight buffers between the commercial uses and the 10. adjacent residential areas. N/A STAFF FINDING: The City of Tybee Island may issue the required after-the-fact demolition and rebuild permit for the proposed project only after consideration of this Variance request by the Planning Commission and approval by the Mayor/City Council. If the Variance is granted, prior to Staff permitting the improvements the property owner must demonstrate compliance with the less than 50%/5-year cumulative requirements of Article 8, Flood Damage Prevention. Staff Report prepared by Dianne Otto ATTACHMENTS A. Variance Application(2 pages) B. Narrative from applicant(1 page) C. Deck construction detail(1 page) D. Photograph of prior deck/stairway(1 page) E. SAGIS map (1 page) F. Survey with proposed footprint,dated 08/13/2013 (1 page) 20131010CityCouncilPacket Page 39 of 102 10/3/2013/jrl 1%10 i. CITY OF TYBEE ISLAND fee r FG° ZONING VARIANCE APPLICATION Commercial $500 z. Residential $200 Applicant's Name d � ,t�- �{� , Address and location of subject property .2,8 , i ..',,, g-4 . /4 9j7, Pe")/4-4 PIN .17C-0004/4-0 ,..� D“ ,, Applicant's Telephone Number 9ii5&G_`. 61.3 Applicant's Mailing Address 4-1 L/rri e p 4:17,' a ` A a,tiS 64 3#A7 il Brief description of the land development activity and use of the land thereafter to take place on the property:p i.,. (,_, Explain the hardship ?"/-&-e_ 09,":7-4 Property Owner's Name 1J4 Ike_ Telephone Number 9/),;4/d23 Property Owner's Address 9')L9Tr2 - ' `F254..7` 1 - 3i'j j Is Applicant the Property Owner? 1P 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 s�such land development is attached hereto. Yes /C Current Zoning of Property R- 1 Current Use ,',/41- t - 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 $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Disclosur of Campaign Contributions form attachment hereto: Y Yes ?tid, 1114- C/SAA:-Cie 4, hiiettAgr 0514 AOC3 Signature of Applicant Date NOTE: Other specific data is required for each type of Variance. Fee Amount$ -2.,00, 00 Check Number it 0 k Date 0 F-27- 20(3 City Official Lte04,-,,,a.) 0.2!& 20131010CityCouncilPacket Page 40 of 102 10/3/2013/d NOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below. REFERENCE DESCRIPTION ✓ 5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location / of lot restrictions. ✓" 5-040 (D) (2) A survey of the property signed and stamped by a State of Georgia certified land surveyor. 5-090 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including: irregularity, narrowness, or, shallowness of the lot size or shape, or, exceptional topographical or other physical conditions peculiar to the particular property. 5-090 (A) (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property. NOTE: Provide attachments illustrating conditions on surrounding properties and on the subject property, indicating uniqueness, etc. 5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the petitioner shall be required to: Add two feet to each side yard setback for each one foot above 35 feet in height, and, Have safeguards consisting of sprinkler systems, smoke detectors and other fire protection equipment deemed necessary at the time by the Mayor and Council, and, Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above 35 feet height. The Applicant certifies that he/she has read the requirements for Variances and has provided the required information to the best of his/her ability in a truthful and honest manner. Signature of Applicant D e 20131010CityCouncilPacket Page 41 of 102 10/3/2013/jrl To Whom it May Concern: August 27, 2013 Re: 2 B 2nd Terrace: Replacing Dangerous Deck Tybee Island, Georgia In January of 2013 I was in the process of buying my four brothers out of our family home that my parents had for 40 years. In checking the 2b two story cottage one day, I realized the old wooden deck and stairs was deteriorating, and two of the three metal support bolts had rusted completely through, thus realizing the immediate safety concerns of the deck collapsing and causing injury. In the process of rebuilding the deck I realized that the four foot wide deck was never a comfortable width for a few chairs and a table to enjoy sitting on the deck. My request is to widen the deck to six feet which would allow friends or family to enjoy the Tybee outdoor living. Sincerely, Paul Ewaldsen,Jr. Coastal Tides, LLC 20131010CityCouncilPacket Page 42 of 102 10/3/2013/jrl J • CO ce d I ,Q Q 1 u CD U d G 8i= W u w W J N O o Z 1 co s o 6 8 1 °o Y g o w s al =IODIDE]ui _ ❑I o ❑ , ❑ - °❑ V O g1 ❑ - ❑ 1 ; ❑1 - ,❑ CI E A 0 / El . - ❑ i ❑� - , tv I❑ : m o i , ❑ , ID p❑I❑❑I❑❑El / , a LI: T ! 1 \ R 9 g-s g 1 ti 0-5 4\ u N_MMIIIMMIIM Piiiii9iMINIMMIMMI•I•I•MME 20131010CityCouncilPacket Page 43 of 102 10/3/2013/jrl Cno. cO To 16 .$AAA j a.) u) k,, ,- rn O O tv ` opt o co c °o U N4-' , N N O r- ,. 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'n, O o� ti • 'ti E4 0 '?c}i'Igr* fr. lo a N'0 0 U c r4 ova 0) -0 0 w co° a O U 0.'• >i 0 i E..4 O d <C LE)g', o �WZ nI - - wa N � ~a w w x A E U . mo O NU ?" v� o H1 aWrnm W�c� A E- O.. 311NaAd 83'I,LRH w rn F Z w a A z ca `�W f=+CO X 44.430 ti CO En MAYOR CITY MANAGER Jason Buelterman Oo Diane Schleicher CITY COUNCIL _ , CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern +, Janet LeViner Barry Brown Jan Fox CITY ATTORNEY Bill Garbett r ,r Edward M.Hughes Tom Groover o, ,,�. Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: October 10, 2013 Item: Public Hearing Explanation: Minor Subdivision—Lot 32 S. Campbell Ave.; zone R-2; John Bragg,petitioner; consideration of subdivision of one lot into two lots Budget Line Item Number(if applicable): N/A Paper Work: Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner @cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912)472-5031 /dotto @cityoftybee.org Comments: Date given to Clerk of Council: October 1, 2013 * * * P.O. Box 2749-- 403 Butler Avenue, Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 , City of § Ethics www.cityoftybee.org `vs� �L�L�y 20131010CityCouncilPacket Page 47 of 102 1 0/31 f if?1 i , PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: September 17, 2013 Petitioner: John Bragg Project Name/Description: Lot 32 S. Campbell Ave Action Requested: Minor Subdivision of Land Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code Minor Subdivision X Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop X Motion to approve Borkowski X Bramble X Callahan X Marion X Second McNaughton X Parks Chair The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued Planning Commission Chair: Date: ` /r 13 Planning &Zoning Manager: Date: Q--( F.-13 20131010CityCouncilPacket Page 48 of 102 10/3/2013/jrl ,.._ A . ,..!.. _ , 4 Y STAFF REPORT l'\,,.\," . _j; PLANNING COMMISSION MEETING: September 17,2013 CITY COUNCIL MEETING: October 10, 2013 LOCATION: Lot 32 S. Campbell Ave. PIN: 4-0016-02-017 APPLICANT: John Bragg OWNER: same EXISTING USE: 1 vacant lot PROPOSED USE: 2 vacant lots ZONING: R-2 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: Marshfront Neighborhood APPLICATION: Minor Subdivision of Land PROPOSAL: The owner/applicant is requesting to subdivide one lot into two lots. ANALYSIS: The subject property is a vacant lot zoned R-2. The minimum lot size requirements in an R-2 zoning district are 4,500 square feet for a single-family lot or 6,750 square feet for a duplex lot. PIN 4-0016-02-017 includes Lots 30, 31, and 32. The owner is requesting to subdivide Lot 32 into two lots. If approved and then recorded with Chatham County, this subdivision would result in Lot 32-A having 6,068 square feet and Lot 32-B having 6,340 square feet. Therefore, the square footages of the two newly created lots would meet the standard for construction of single-family dwellings only. Lot A provides a required 20-foot access and utility easement for Lot B. If this request is approved, the required languages of Section 5-140, Minor Subdivision Plat Approval Procedure, subsections (F) and (H), will need to be added to the subdivision plat prior to the signatures of the designated City officials being provided. See below. (F) Residential lots having peculiar shape or topography may be approved utilizing private driveway access easements, provided the purpose and intent of these regulations are met. Such easements shall have a minimum width of 20 feet. The following notation shall be placed on the subdivision plat: "The private driveway access easement is hereby dedicated perpetually for use by the owners and residents of all lots within this subdivision and will not be maintained by the city." This provision will only be applicable to minor subdivisions. (H)In the event the applicant has no present plans to construct on the property, an appropriate statement shall appear upon the plat to the effect that all drainage requirements must be met prior to the issuance of a building permit on any lot in the subdivision and that there will be compliance with article V, chapter 22 of the City Code except to the extent the requirements of that article may be inconsistent with this section. The properties in the South Campbell Avenue area are on marshes and are residentially developed. The proposed single-family lots are in keeping with the R-2 District as outlined in the Land Development Code Section 4-050(C): The purpose of this district is to provide for affordable development of single-family and duplex style development. This district is intended for medium density residential neighborhoods which are quiet and livable. Below is the description of the Marshfront Neighborhood Community Character Area: These neighborhoods are fronted by coastal marshlands and contain a wide mix of new and old residential development and a sporadic mix of commercial properties. Coastal marshlands surround these areas and many lots contain access to the water via tidal creeks. The surrounding marsh provides scenic views, natural resources, a recreational amenity, and dock access to the water. Due to the close proximity of marshland and local waterways, land use and protection of natural resources requires special 1 20131010CityCouncilPacket Page 49 of 102 10/3/2013/jrl consideration in these neighborhoods. The nature of existing zoning classifications has preserved some undeveloped land within these areas. Below are the Recommended Development Strategies outlined in the Comprehensive Plan for the Marshfront Neighborhood Character Area. The subdivision of Lot 32 as proposed meets the applicable strategies. Comprehensive Plan Section 1.2.8—Marshfront Neighborhood Recommended Development Strategies Strategy Meets Strategy Y/N or N/A 1 New development, redevelopment and restoration should be consistent with existing character of the area in terms of mass, scale,use, and density. 2. Permit only uses compatible with the character of the area. Y 3. Permit only uses that will not adversely impact the marsh environment. Y Establish and enforce marsh buffer standards within this area, and identify uses 4' that will be allowed within the buffer and those that will be prohibited. Tree preservation should be prioritized to protect the scenic and habitat value 5' of this area. unknown Encourage land uses, through clearly defined guidelines, that protect against 6. stormwater pollution including: xeriscape landscaping, pervious surfaces, and Y erosion and sedimentation control. 7. Limit housing density, size, and height within this area through zoning. Y STAFF FINDING Staff finds the requested subdivision is in keeping with the Land Development Code and Comprehensive Plan. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Subdivision of Land Application—Minor, application(2 pages) B. SAGIS map(1 page) C. Proposed subdivision plat,dated 08/20/2013 (1 page) 2 20131010CityCouncilPacket Page 50 of 102 10/3/2013/jrl /4��-.4,,1„1G , ,4 , CITY OF TYBEE ISLAND Fee ,, SUBDIVISION OF LAND APPLICATION Major Subdivision $500 � ' 1/Minor Subdivision $125 M,a.(v-n��'” Applicant's Name dh :', ,7 Address and location of subject property _ 11432} #f /Grt 7111072e,4 PIN -/ — 0014 - 0 2-- 017 Applicant's Telephone Number 2%6 70232_ Applicant's Mailing Address /7‘ ,S©�'rd�l/!'i A-/� / 3/3 2 Brief description of the land development activity and use of the land thereafter to take place on the property: Property Owner's Name cOA,7 Lv'ot Telephone Number 6b�. -f7 Property Owner's Address /7( 4 � � /7 4 'I- ' ' Is Applicant the Property Owner? 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 X 2, Current Use 14 pt--f- 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. ' Disclosu a of Campaign Contributions form attachment hereto: v Yes igiature of Applicant /7/ Date NOTE: Other specific data is required for each type of Subdivision of Land. Fee Amount $ ii, Check Number).349I S 7 Date ? -2 ?-13 City Official (:),(0,v,-,QD ,o 20131010CityCouncilPacket Page 51 of 102 10/3/2013/jrl NOTE: This application must be accompanied by following information: 13 copies, no smaller than 11 x 17, of the proposed subdivision with the building setback lines. 4 copies, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. The name(s) of all proposed new street(s) or private drive(s). 13 copies, no smaller than 11 x 17, of the existing tree survey and tree removal plan. The Planning Commission may require elevations or other engineering drawings covering the proposed subdivision. The Mayor and Council will not act upon a subdivision until the drainage and infrastructure plan has met the approval of the City's engineering consultant. The Applicant certifies that he/she has read the requirements for Major/Minor Subdivision and has provided the required information to the best of his/her ability in a truthful and honest manner. All new lots established within subdivisions shall conform to the lot area as set forth in the general provisions for each zoning district and the lot width shall be a minimum of 60 feet at the building line. Si nature of Applican / Date 20131010CityCouncilPacket Page 52 of 102 10/3/2013/jrl SAGIS Lot 32 S. Campbell Ave. • I .. .\ 41---•---4,----_-,,,, „..- -----7.;,,,, 1- ,..-k:.5- . -,".... •9.-9” .„ ■ `,.*;..t.....1 1 . ( ',, , ,----1,Y...1/■0 -0 '''.'-: -' i -,( 'v''' -`4- , " i 80 _• :y...:.--...J.c,-- ,..,...,..:.-1,- ..., ..,., .) .,„.. '`....(: ....,:...,\;‘,,s.":...:, ,,.....,.. ' o'c,....?_-*-1',...„,",!-„,,. 7::, ".."-r-..._, 4....,... f k' ,. .: r -- --2:27. ---' ! I' .--. ?.?" p.-j',._C '...,,\\.• A r ''.' ?r J-- -11, „ . i 1 d ; N \ \ ! 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U z d6 _ 0 O F a-1a alGOrn� F a a o—a 0 W w a z I EWE, z an • I Ewa U 1:1V' r4 F' -- SQ7()�� M ° am / o��� zq 00x1°�w m' i-, , 7 w f\� F ° zxOOwzR°� � F N 7��a v1 a O ,.., O fqI I a W �s7 Eq Wa"z4N .\VA U� Z�`�i E.U Cal No y WS z � a umN• z a P E�,W W a Ut OZE"aj cc go z >-. f W� c4.7.'°7 • LN4aLt,No+i o .S I d a s d ..31:c 7 al 6a N co a]Z ,,,ME-wa,„NV64i ti ar� wW ztwi) O F xx U,w71 ZZ Fol E?c� r.'.!1 'z 1.0 6 1 O„>”, a7 a3 EELE4"..]UO.e 0 6)7 04 • c� r4 ai nQa oz z xn ,...7 ZU ��t W a,, S a =ow yCi a o� CWPWco Z W F U VzZ a)z w E. W E. V z AWN C'6 W UE `5..7w..C■2 U FWj ... E j rT4 O O az o Oa WDW � a o�aa �R. z�V O a FU:z Qq dpi C DWG" P4 O a y° z maz ~ a1 -• . mW 4 N aa� I� <N N F MAYOR 1111; CITY MANAGER Jason Buelterman % Diane Schleicher CITY COUNCIL 1\ CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern - Janet LeViner Barry Brown > Jan Fox ` { CITY ATTORNEY Bill Garbett Edward M.Hughes Tom Groover 4h1 Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: October 10, 2013 Item: Public Hearing Explanation: Site Plan Approval— 1207 Hwy. 80; zone C-2; Rebecca Rice &Debbie Brady-Robinson, petitioners; consideration of two temporary enclosures Budget Line Item Number(if applicable): N/A Paper Work: Ai Attached* I Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912)472-5031 /dotto @cityoftybee.org Comments: Date given to Clerk of Council: October 1, 2013 * * '* P.O. Box 2749—403 Butler Avenue, Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 * City of ;` Ethics www.cityoftybee.org 20131010CityCouncilPacket Page 55 of 102 10/31(') 3/ .e.'-':. a I ' 1Y i PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: September 17, 2013 Petitioner: The Irritable Pelican &DBR Signature Gallery Project Name/Description: 1207 Highway 80 Action Requested: Site Plan Approval Special Review Subdivision: Site Plan Approval X Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS _ Bishop X Motion to approve Borkowski X Bramble X Callahan X Marion X McNaughton X Second Parks Chair The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued Planning Commission Chair: ` 9/g �� Date: r 1 Planning&Zoning Manager: �� Date: 9.,(s)-(3 20131010CityCouncilPacket Page 56 of 102 10/3/2013/jrl `r STAFF REPORT PLANNING COMMISSION MEETING: September 17, 2013 CITY COUNCIL MEETING: October 10, 2013 LOCATION: 1207 Highway 80 PIN: 4-0026-02-009 APPLICANTS: The Irritable Pelican &DBR Signature Gallery OWNERS: same EXISTING USE: retail PROPOSED USE: same USE PERMITTED BY RIGHT: Yes, after Site Plan Approval ZONING: C-2 CHARACTER AREA: Arts,Eats,Eco-Business Corridor APPLICATION: Site Plan Approval PROPOSAL: The applicants are seeking approval for two temporary enclosures. ANALYSIS: The existing Irritable Pelican and DBR Signature Gallery retail businesses are in the C-2 zoning district. Properties to the north, east, and west of this location are also commercial uses. The businesses front four- lane Highway 80 on the south. Two temporary enclosures were placed on an existing deck without the required Site Plan Approval and permitting as outlined in Section 3-070(B)(7): Temporary Enclosures. Temporary enclosures are permitted in commercial areas only. This includes any moveable, tent-like shelter intended to provide or actually providing protection from the elements for stored materials, vehicles, or other items,for which a building permit is not required and which a maximum size is 120 square feet. This would include temporary garages of tent-like construction, as well as tarpaulins of plastic or similar type materials supported by wooden or metal frameworks. Such temporary enclosures are to be considered structures under this section and, as such, are governed by the same setback requirements as other structures under this Land Development Code. Tents set up for special occasions, screenhouses, and other such seasonal, recreational enclosures are specifically exempted from this section unless they are used for storage as stated above after written approval from the designated City Department prior to placement. However, if this temporary enclosure becomes permanently anchored, it well be treated as a permanent structure and subject to all permitting requirements. The applicants have stated the enclosures have been permanently anchored. No setback encroachments were created by the placement of the enclosures. If Site Plan Approval is granted, after-the-fact permitting and inspections will be required. The proposal is in keeping with the C-2 Highway Business District as outlined in LDC Section 4-050(F): The purpose and intent of commercial districts is to provide central locations for city businesses and services to meet the market needs of Tybee Island residents and visitors. The focus of the C-2 highway business land use district is to provide for commercial land uses that support and complement the motorized customer. C-2 districts are intended for location along arterial streets where the negative impacts of traffic congestion, noise, intrusions into residential neighborhoods will be minimized. The Character Area is the Arts, Eats, and Eco-Business Corridor. The following table compares the request with the Recommended Development Strategies of the Comprehensive Plan. Comprehensive Plan Section 1.2.1 Meets Strategy Arts, Eats, and Eco-Business Corridor • Recommended Development Strategies Y/N or N/A 1 New development,redevelopment and restoration should be consistent with existing character of the area in terms of mass, scale, use and density. 1 20131010CityCouncilPacket Page 57 of 102 10/3/2013/jrl 2 Encourage commercial and mixed-use infill development and redevelopment along the I, Highway 80 commercial corridor. 3. Down zoning within the Highway 80 commercial corridor should be discouraged. Y 4 Establish a set of standards for a maximum percentage of residential use on a per parcel N/A basis to encourage mixed-use. 5. Enhance pedestrian movement through streetscape improvements. y 6 Support the continued development of the Tybee Island bikeway including bike lanes and N/A multi-use trails. 7. Establish standards and design guidelines for signage. Develop a "theme"for signage to N/A ensure that it is consistent and fits with the character of the area and the Island as a whole. 8 Allow for an appropriate mix of retail,residential, and tourism-related uses consistent with the vision of the Plan. 9. Implement traffic calming measures and parking improvements. N/A 10. Establish noise and sight buffers between the commercial uses and the adjacent N residential areas. This property was last considered for Site Plan Approval in January and February, 2010, for a temporary enclosure owned by the adjacent Seaside Sisters on Tybee store. STAFF FINDING Staff finds the two temporary enclosures at this location do not violate the intent of the Comprehensive Plan or the C-2 zoning district. If Site Plan Approval is granted, after-the-fact permitting and inspections are required. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Site Plan Approval Application (2 pages) B. Photographs of existing conditions(1 page) C. SAGIS (1 page) D. Site Plan(1 page) 2 20131010CityCouncilPacket Page 58 of 102 10/3/2013/jrl ,'1111 f CITY OF TYBEE ISLAND Fee SITE PLAN APPROVAL APPLICATION Commercial $500 N,61,;!, Residential $250 Applicant's Name Rebecca A. Rice for The Irritable Pelican & Debbie Brady-Robinson for DBR Signature Gallery Address and location of subject property 1207 US Hwy 80, Suites F (Irritable Pelican) & E (Signature Gallery) PIN 4-0026-02-009 Applicant's Telephone Number 912-655-3622, 912-786-8944 Applicant's Mailing Address PO Box 1039/PO Box 1556 Brief description of the land development activity and use of the land thereafter to take place on the property: Tents to act as display areas and artists demonstration areas for the galleries, located on existing deck Property Owner's Name Tom Beytaugh/Sundance Ventures Telephone Number 912-507-8026 Property Owner's Address PO Box 1016 Tvbee Island, GA 31328 Is Applicant the Property Owner? Yes X No If Applicant is the Property Owner, Proof of Ownership is attached: n/a 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. X Yes Current Zoning of Property �,„2., Current Use Retail gallery sales Names and addresses of all adjacent property owners are attached: X 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 $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. 8 A 2 1 - / .3 Signa re of Applicant Date NOTE: Other specific data is required for each type of Site Plan Approval. Fee Amount$ 50 0 Check Number I 0 S( Date (D3 -2' - ( 3 City Official lei 20131010CityCouncilPacket Page 59 of 102 10/3/2013/jrl NOTE: This application must be accompanied by following information: X 1 copy, no smaller than 11 x 17, of the proposed site plan and architectural renderings. n/a 1 copy, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. n/a 1 copy, no smaller than 11 x 17, of the existing tree survey and the tree removal and landscaping plan. n/a 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. C6C , r ,�� ,z 43 Signat e of Applicant Date f-2 7-/3 Signature of Applicant Date 20131010CityCouncilPacket Page 60 of 102 10/3/2013/jrl „ { +� • 1• 1 F o ti .. E i rte , 1 �� j- .:.. I i �1 • Wi.:___7-- • IMI 1. 09.09. 2013 09 44 •Irk F I'Ili 2 6"'• — , ,• s I ji A r I It 1 r i 11 '111 1: 1: tf 1 A jr . f hi— , _ op • ,..., fi--- , . , _ i _ ______ . .:...... .* N___ - - _ d ` :44 20131010CityCouncilPacket Page 61 of 102 10/3/2013/jrl SAGIS 1207 Hwy. 80 _ 1,>70:3°"---------1:L__. 1*-- I :01:—.71: 111r*.-':._._...___,...."11--- 713.7:4" 7:::: 1 f i 1 ft 1 1 i I 1 V.-- -----...' 1 ' ' ,.....,..- . 1 g! 1 „ i i i i•4 f 11 1 1 i ,r r i il , 1 1 r a I . , /..-.. 1 1 i---- i ___-- i ii_______ i 1 ,,. • , ? , , , i .,...... , i 7 rf 1 ' / i i ) H.__1 I fr 1 E US. HIGHw. I 1 j t 1 T T------7-------:----------„______ ,...„.... , , , I/ ; ; fi-ol. i I r . , 4 f f , I 1 ; : , I 1 i . , i ', )i I Li---'' 1 f ■ : . 1 f i I T1 I , , , , f 20131010CityCouncilPacket 10/3/2013/jrl Page 62 of 102 _M 0 N M 0 •9Ia—La 'ON MIA l∎-bi s- / t9fi0 2,944 ZSE 226 NOHdaZH.L coat 9 tiaaNlatdas :atva \ SOtTE dIJ2i0a`J HVNNVAVS .05 = „I =3'IVOS i, 2IQS • \ 0 &LUIS I I o � , afNaAV NIOSKaHd2 LS 969 .05 . 69ZZ 'ON .4 IIOAaAAIIIS QNIV'I - :Ail m/T .,LVZd �' 3, * • SQ'IONA IU Aa'IJJHK I' - :Ail mamma * P a jNV/,®- :ow 'q 1 I.S 2 -/1 :mum 11011.0`9 -a nscaO aIO amnia CT a&H 'av atoz i► J.IS z.LarI NSI41.dICIb3 atioz a001.I wax 00t MILL NIMBI SI x,L2I3dOBd SIRS L9/61/9 as va 7( 'M 1 4 2H.L O.L ONIa2I0001W 09 AVMHOIH eOZi :SSMIaaV .i.az2I,LS VIO IO O `4UNnoa JWHZVHO `QNV'ISI aaS.LL `auk NaUHVD `6 NO0'IH "1 1 V 0 T `6 `9 SiLO'I dO iLirId At/ 1 .09 ,Lams aIZNDI3 0 A d113 „Z .91'06 /b £,£POZT S -x" a E 39119 j IL.9Z.Oi.ZI S X T T !JL0'I N 0 4.L01 1 . £ ( 3NO3 CO CO E x kl 1 cy, a 0 0 Mx I _ins m I n ..61:11 zv 4 ZL9 WI CO Z F -� -.2 .. 0 s j ~ I OJ Io `3 O O OD EMI w ti 1 i EU A En p .Olt1QI1t1H moO'18 �- N O AMMO i O O H E 101 O p . -= C 6 J Oz % 3xo� a '-C--' O co i a � l .£.g m .9•L9 z W1 y I ict 6 9 ' 01 PI 4 92 solga11g=rs g! so .ST'O6 f..Z6 EioZT N LJAI I I 0 03 a 'U C 7 0 0 U 0 _0 M 0 N MAYOR • ran CITY MANAGER Jason Buelterman s Diane Schleicher CITY COUNCIL (C CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern i ;� Janet LeViner Barry Brown Jan Fox CITY ATTORNEY Bill Garbett ' Edward M. Hughes Torn Groover °, Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: October 10, 2013 Item: Public Hearing Explanation: Site Plan Approval—21 Veterans Dr.; zone R-1; American Legion Post 154,petitioner; consideration of construction of an ADA ramp Budget Line Item Number(if applicable): N/A Paper Work: -V Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner @cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912)472-5031 /dotto @cityoftybee.org Comments: Date given to Clerk of Council: October 1, 2013 * * * P.O. Box 2749—403 Butler Avenue, Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 City of Ethics www.cityoftybee.org vas Lyy 20131010CityCouncilPacket Page 64 of 102 10/3/20gfrI PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: September 17, 2013 Petitioner: American Legion Post 154 Project Name/Description: 21 Veterans Drive Action Requested: Site Plan Approval Special Review Subdivision: Site Plan Approval X Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop X Borkowski X Motion to approve Bramble X Callahan X Second Marion X McNaughton X Parks Chair The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued t,N Planning Commission Chair: 1� 1111 Date: 9/4/7(3 S I, n Planning &Zoning Manager: 16`�J,,_ '� • Date: `�-'( ?-(3 20131010CityCouncilPacket Page 65 of 102 10/3/2013/jrl y4 • STAFF REPORT / FOR THE PLANNING COMMISSION MEETING OF: September 17, 2013 FOR THE CITY COUNCIL MEETING OF: October 10, 2013 w LOCATION: 21 Veterans Drive PIN: 4-0002-05-008 APPLICANT: American Legion Post 154 OWNER: same EXISTING USE: private club/assembly hall PROPOSED USE: same ZONING: R-1 USE PERMITTED BY RIGHT: No COMMUNITY CHARACTER MAP: North Beach Neighborhood APPLICATION: Site Plan Approval PROPOSAL: The American Legion proposes construction of an ADA ramp at the existing building. ANALYSIS: The American Legion facility is requesting to build an ADA ramp to the porch that provides access into the private club/bar. This proposed external change to a commercial building requires Site Plan Approval [LDC Section 5-020(B)]. The proposed location of the ramp is within an L-shaped area of the existing building footprint. Therefore no encroachments into required setbacks would occur if this project is approved. The American Legion is located within an original Fort Screven building. It is a nonconforming use in an R-1 zoning district.The existing uses surrounding this property are residential. An outline of the R-1 district is provided in Land Development Code Section 4-050(A): This land use district is established to minimize development densities in certain portions of the island to prevent overall development on the island from exceeding its environmental carrying capacity. Also, to provide for quiet, livable, low-density single-family neighborhoods including compatible and supporting low impact educational, religious, and public institutions, as well as limited provisions for bed and breakfast operations. The character of development in these areas is oriented for permanent residents. This district shall remain single-family residential with some light family oriented service uses. Commercial and industrial uses are incompatible with this district. The Comprehensive Plan places this site in the North Beach Neighborhood Character Area. The table below lists how the ADA ramp project fits with the Recommended Development Strategies for this Character Area. Comprehensive Plan—Community Character Area North Beach Neighborhood—Section 1.2.9 Recommended Development Strategies Meets Strategy Y/N or N/A 1 New development,redevelopment and restoration should be consistent with existing character of the area in terms of mass, scale,use and density. 2 Establish standards and design guidelines for signage.Develop a "theme" for signage to N/A ensure that it is consistent and fits with the character of the area and the Island as a whole. 3. Provide signage for landmarks and commercial businesses in this area. N/A 4. Historic structures should be preserved whenever possible. Y 5. The City should provide appropriate incentives for historic restoration projects. N/A Pursue historic district/historic structure designations for appropriate areas within this 6' district. N/A 7. Ensure continued preservation of old growth trees,parks and greenspace. Y 8 Support the continued development of the Tybee Island bikeway including bike lanes and N/A multi-use trails. 1 20131010CityCouncilPacket Page 66 of 102 10/3/2013/jrl STAFF FINDING The American Legion is a nonconforming use in an R-1 zone. Staff finds the construction of a second ADA ramp at the location would facilitate improved accessibility into the private club. Staff may only permit this project if Site Plan Approval is granted. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Site Plan Approval Application(2 pages) B. Photographs of existing conditions (2 pages) C. SAGIS map(1 page) D. Drawings (2 pages) L, Svr■rey Q-13 I picj 2 20131010CityCouncilPacket Page 67 of 102 10/3/2013/jrl 04,1,,,4,,,,,;‘, CITY OF TYBEE ISLAND Fee , '" SITE PLAN APPROVAL APPLICATION Commercial $soo Iv � Residential $250 A 4 Applicant's Name 4'/IA7/e p ZG/mi 5" Address and location of subject property d/ Vf 74/1 S Die PIN _ /7-0&�. - 0- 008 Applicant's Telephone Number Applicant's Mailing Address PO a, Iag .y&2 .l.SZF9top 6.4 .8/3f Brief description of the land development activity and use of the land thereafter to take place on the property: eqD/q 6--triP Property Owner's Name �iYlf,%(L'i4n) C�/0/1) 5/ Telephone Number 062) 71C- 535-6 Property Owner's Address Is Applicant the Property Owner? Yes X 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. WA Yes c, v IIf Current Zoning of Property rR-1 Current Use T�1 vaA-e_. C0 D L-11 a SSe-mL I Y1C�.1 Y Names and addresses of all adjacent property owners are attached: X 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 $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. /5'0 , _7,/,/ / -, z_L___ _--,,--- -i9gnature Applicant of A PP Date NOTE: Other specific data is required for each type of Site Plan Approval. Fee Amount$ Check Number "---- %Date -s-(3 City Official _ . ..— At 20131010CityCouncilPacket Page 68 of 102 10/3/2013/jrl NOTE: This application must be accompanied by following information: 1 copy, no smaller than 11 x 17, of the proposed site plan and architectural renderings. 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. Signatu e of Applicant Date 20131010CityCouncilPacket Page 69 of 102 10/3/2013/jrl (F.B. 010-56-3) ROBINSON AVENUE 50' R/W OD co co a�O N • i '. 5` " I R.B.F. WITH CAP S 69'55 32"__ 79.82 BROKEN C.M.F. �v� 245.45' f �IJ PAN PORCH 1.95' 1.97' REFERENCES: 1. PLAT OF THIS PROPERTY BY rn 1 BERT B. BARRETT, SR. N R.L.S. 1239 DATED 1/08/80 j N 2 S.M.B. A PAGE 94. 1.0 Ir'') fp I Iv) ,6 1 L 0 T 5 1 1- - �.- 2.05' EXISTING ONE STORY = FRAME BUILDING v ce —I (LEGION POST 154) as 0 I I J 1jI III W t f' 1.79' N O �1 a. 1'4; rn 1 FLAG 2`•-PORCH _ POLE --...:: CNI Z b7 77 a: O.I.R.F. 80.13' — N 70°30'00" W O.I.R.F. C.M.F. = CONCRETE MONUMENT FOUND R.B.F. = 1/2" REBAR FOUND L 0 T 15 O.I.R.F. = ORIGINAL 1-1/8" IRON ROD STATE OF GEORGIA NOTE: ACCORDING TO 'FIRM' 13051CO213F DATED 9/26/08 CHATHAM COUNTY THIS SITE IS IN AN 'AE-11' FLOOD ZONE. PLAT OF LOT 5, BLOCK 25, FORT SCREVEN WARD, KNOWN AS No. 10 VETERANS DRIVE, TYBEE ISLAND, GEORGIA. FOR: AMERICAN LEGION POST 154 NOTE: REVISED 9/13/13 TO SHOW NEW PORCHES AND BUILDING ADDITION DATE OF SURVEY: JULY 3, 2013 DATE OF PLAT: SEPTEMBER 13, 2013 SCALE: 1"= 30' GE0 R G�q IN MY OPINION THIS PLAT IS A CORRECT 0' .30' 60' / RFC X REPRESENTATION OF THE LAND PLATTED j E.O.C. FIELD 1/ 20,044 < ERROR/POINT . BERT BARRETT, JR. ADJ. 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VE7F2A e+h w i 0. i 7 �• a a l• J ,4 ', z I / . . fi / ` / / '� N' ` �/ \ &/ / jjf ((- 20131010CityCouncilPacket Page 72 of 102 10/3/2013/jrl 1 M � i v a M EU pr- z o � Zj g r i [ ] J = 1 {Y N! Q O` C O 0 0 d� • 7 7 3 3 1 is • O ,. ii I w_ 0 a _ 0 • D N % o W -E-o A z ce ce io W 0.m `°� �(JQj �z a s ~� Z N, 00 �F *N N N f0? C R y{y1� CL pi. d OZ^ Z> 00 NN Cy ' Ilif 0._ .x Z 2 J a �� W� v N 1-+ g ll v _ L.-1 0 t0 0 �,► O 1 H F U U rV W n ? Io 1 Z W G C? �, * W J.- N N.r. 3 iri ■ 'f U N I w a >; =O o :1.1.... a In 3 a 3 .9-,l U '° `�°c �1-6 ' .6 I 1 'n a a N O, 1 I N w O N N O O U= xFO N O pp FD >7/ Ng Q F i N Z IA O y>� W mW in I COQ II g —L . T sxl; 1 1 � I r 1 1 I N rl I 1 I I I 1 O O I I ge_ 0 1 i 1 Td 9xl I 1 °D •1'd 9xZ 1 I 1 1 1 1 a a a 1 1 CO x m 1 1 N N N 1 1 l 1 1 I — 1'd 9x1 1 1 11' ►1 1 1 1 /I J111 Id 9xl ,�1 ► o Td 9xl o 1 • I I I 1 1 II 1 1 • 1 1 I �I 1 1 1 fl 1 1 I. Td 9x2 Z 1 1 1 1 a 1 1 b z 111 I Z 1 "-' "' •1•d 9xZ 1•d 9x2 1 1 1 1 Q i-ii 1 1 • 1 ► W ��I Td 9xl 1 Iii i -, 1 1 1 1 „ DI t-- 1 ' Td sxl 1 I i 'i 1'd 9xl I 1 p 1 1 1 1 ! 1 1 ' � co _ ! 1 1II Ow C, Td 9x4 1 ! 1j 1 1 a 1 ^ �1- 1 ► • -__ N 1 1 o z3 1 1 i Td 9x2 Ea 1 1 ,-- co Td 9xl x o ► 1<Wi 1 1 -I a — 3 1 1 ° W ' ' WO 0 Ir ► f a m°1 — —- 1 1 oo <w 1'd 9XZ =Ix 0 CI I >o .£-.4 ,o l-,6 0 l t. • • N Z O LL t x _ z= O i� (n O J O W c; j_1 PLANNING COMMISSION CITY MANAGER Demery Bishop Diane Schleicher Tom Borkowski Marianne Bramble r. PLANNING & ZONING MANAGER Rob Callahan r.* Dianne Otto, CFM +fi Tyler Marion, Vice Chair j David McNaughton ,ar CITY ATTORNEY Monty Parks, Chair Edward M. Hughes MINUTES Planning Commission Meeting September 17, 2013 —7:00 p.m. Chair Monty Parks called the September 17, 2013, Tybee Island Planning Commission meeting to order. Commissioners present were Marianne Bramble, David McNaughton, Rob Callahan, Demery Bishop, Tyler Marion, and Tom Borkowski. Mr. Parks — The first order of business is the minutes of the August 20, 2013, meeting. Do I have any discussion on the minutes? [There was none.] Do I have a motion? [Ms. Bramble made a motion to approve as written; Mr. Bishop seconded.] All those in favor please signify. [The vote was unanimous.] Disclosures and recusals. Mr. McNaughton recused himself on Dixie Pedaler. Mr. Parks disclosed he is a member of the Sons of the American Legion. Mr. Marion disclosed he is a member and the Sargent at Arms of the Sons of the American Legion. Mr. Borkowski disclosed he is a member of the American Legion. Ms. Otto disclosed she is a member of the American Legion Auxiliary. Mr. Callahan disclosed that he is the next door neighbor to the owner of the Shell Station in conjunction with Dixie Pedaler. Site Plan Approval with Variance— Dixie Pedaler, LLC— 1315 Butler Ave. Ms. Otto—This item for 1315 Butler Avenue is an application for Site Plan Approval with a Variance. The applicant is Dixie Pedaler. This business has been operating out of a residential zoned property as an internet- based business. The request before you would be to relocate that business to the commercial site at 1315 Butler Avenue which is currently occupied by a Shell gas station/convenience store and the Blimpie restaurant shop. There is a release from the property owner allowing the owners of Dixie Pedaler to pursue this. The reason that it is "with Variance" is based on the current parking. There is no code requirement for this additional use, however, there is inadequate parking for the existing convenience store and restaurant. Based on the calculations by code, the required number of spaces for that location is 19 and the number of spaces provided is 8. In your packet are staff findings comparing this to the code. The applicant is here to answer any questions. Mr. Bishop —The parking issue where the required spaces are 19 and they have 8. How do we address that from a perspective of, if we made a modification now, does that not have an impact on the current uses of parking responsibilities by code? Ms. Otto— In my opinion, yes, it does have an impact. It is drawing additional components in areas that could perhaps be overflow parking areas. As I understand it, the owner is proposing, for the most part, that her business is walk-up customers. It is not anticipated additional customer parking is needed for the Dixie Pedaler side of the business. There are three components that she is asking for: (1) the existing multi-person bicycle that is loaded with customers and pedals around the downtown area, (2) add a shuttle service using golf carts like the other taxi type shuttle services on the island, and (3) golf cart rentals. The applicant is proposing that her customers are foot traffic; however, because there is already inadequate parking for the existing businesses, this would be considered a Variance. If you did recommend approval, it would be based 20131010CityCouncilPacket Page 75 of 102 10/3/2013/jrl on the understanding that this site does not have adequate parking for the uses already there and obviously no additional parking for the new business. Mr. Bishop—That would not be a requirement because if we recommended a Variance and subsequently that was approved by Council, they are not going to have to go back and comply with the 19 spaces for the two existing businesses. The 8 is going to continue to be approved. Ms. Otto—That is correct. Mr. Bishop — In code Section 5-080, it stated that the Site Plan Approval process is intended to provide the general public with information on how new development will affect the surrounding area. There is also reference in our Staff Report that this Site Plan Approval with Variance, if granted, would come under Section 4-050, subsection (0), South End Business Overlay. In that section, it refers to South End Business Overlay District and mixed-uses of the property are permissible. Site Plan Approval is required for new construction and redevelopment of existing sites. I have one section in the code referring to a new development and the other section that refers to redevelopment. Do we have a development or redevelopment and what is the impact for those? Ms. Otto—There is no doubt that the addition of another business would be considered a redevelopment. Also in Section 5-020(B), which is the section Permits or Actions Required by this Land Development Code, it states, "All land development activities other than residential one and two-family structures, regardless of the zoning district, must present a site plan of such development to the planning commission for review, and to the mayor and council for approval prior to the issuance of any land development permits. In the C-1 zoning district, all land-disturbing activities require site plan approval." The component of adding another business at this location is considered a development. The section you cited that stated it was a redevelopment probably best describes this situation. There are enough, in my opinion, reasons in the code to require Site Plan Approval for this request. Mr. Parks—A multi-person bicycle is a slow ride. How many people does that seat? Ms. Otto— Let's have the applicant answer that. It does have a motor. It is not entirely bicycle propelled. They are able to relocate it as they have been doing from the residence-based business to a pickup location because it also has a motor. Mr. Parks—The additional shuttle services, did they tell you how many shuttles they are going to add? Ms. Otto— I took a count from the plan shown here of the total number of carts. I don't know how many of those are divided between rentals and how many are shuttle services. Mr. Parks— I assume 'bike' down at the bottom [referring to PowerPoint], is the slow ride? Ms. Otto—Yes. Mr. Parks—There is a cart parked in front of the dumpster. Isn't that going to provide difficulty for dumping the trash? Ms. Otto — Potentially, yes. Mr. Parks— From what I saw it is a two-door opening. Ms. Otto —There is a cart by itself on the corner. The total number of carts shown on the plan was 14 but I don't know the division of the use between shuttle service and rental carts. Mr. Parks — I didn't see anywhere for the shuttle. 20131010CityCouncilPacket Page 76 of 102 10/3/2013/jrl Ms. Otto—They are the same carts. Mr. Parks — Do these get maintained? Do they have a maintenance area here? Is there a charging area? Ms. Otto— It has been explained to me by the applicant that there is one charging station and it is located in the proximity of the larger bicycle site next to the car vacuum. The rental carts have to be returned fully charged. The applicant feels the one outlet is adequate for their purposes. Mr. Parks — Do they ever get washed? Ms. Otto— Let's ask the applicant. Mr. Bishop— In the Comprehensive Plan section that you provided on the Inland Cottage Neighborhood Recommended Development Strategies, items 1 and 2 are indicated as not meeting the strategy. In number 1, new development or redevelopment, we have already hashed that. In number 2, "Permit only compatible uses including low density residential, public/institutional, and low impact commercial." The answer there, as far as the strategy, it has 'no.' My concern is number 1, the new development or redevelopment appears to be consistent with the character of other activities in that area. If you go down two blocks, you have got a very similar activity, what I call the old Post Office building, which I believe has golf cart rentals there which, to me, if this was to be approved, would be consistent with existing character. Ms. Otto— I can't think of a denser use down there. This site has two businesses with high traffic, it is on a busy intersection, and already has inadequate parking for its location and its current uses. My responding 'no' is based on the fact that this increases the density of that site so it is not consistent with the other typical sites in the area. Mr. Bishop — It is consistent with an existing use that is already in the area, i.e. the shuttle type carts and things in that general area. Ms. Otto—Yes, I would agree with that. In that location you are describing is a vacation rental office. There is a dual use there but not the three business uses proposed here. Mr. Bishop — In number 2, "Permit only compatible uses including low density residential, public/institutional, and low impact commercial." It seems this would be low-impact. We are talking golf carts that are charged. To me it is very low impact. It is certainly not toxic, fuming, gaseous, and things of that nature. I was a little concerned as to why that was a 'no' as well. Ms. Otto—The intent for my 'no' on that item was based on this business already being at that site and the impacts it has caused at that location. It does impact the commercial area negatively, at least it has without approval, so that their request now to come before you and get proper approval is based on already having had an impact in a negative way in that location. Mr. Bishop —That is the Blimpie and the Shell? Ms. Otto—Yes. Mr. Borkowski —The business that is there now, the Shell station, do they own this rental? Ms. Otto — No. This would be a tenant to the owners of the Shell station and the Blimpie. Mr. Borkowski — I'm not opposed to this but the parking is a more important factor than maybe is being stated. I don't think you are going to have people walking up to rent these carts. People are going to be driving there 20131010CityCouncilPacket Page 77 of 102 10/3/2013/jrl from all over Tybee to get these carts and there is going to be a bunch of car traffic in there overloading that area while they pick them up and bring them back. Mr. Parks — It is already a very busy intersection. Mr. Borkowski — Right. I just think that is a consideration that everyone should take a look at. Mr. Callahan —When you were reading from the code about development and/or redevelopment, I believe in both of those you mentioned land disturbing activity. Ms. Otto—Yes. This does not have a land disturbing component. It is, in the other section that Mr. Bishop referenced, a redevelopment. Mr. Callahan —You are saying redevelopment does not have land disturbing activity as part of its definition? Ms. Otto—This particular proposal does not have a land disturbing activity. Mr. Callahan —An act of redevelopment does have a land disturbing activity component? Ms. Otto—This situation is considered redevelopment because it is an existing site being impacted by a third business going into place. It is an additional development of the site in so far as it is not currently there and the proposal is to add it. Mr. Callahan — Even though there is no land disturbing activity? Ms. Otto—Yes, it is still a development. That is why we are here before you. You will not see a business start without Site Plan Approval. That that location already has two is a factor but the same would be the case if this was vacant property. It would still need Site Plan Approval. Mr. Marion —There is another business much like this about two blocks to the south. How many businesses on Tybee do we have that provide this same type of service? Ms. Otto—The multi-person bicycle, I believe, is unique. There had been a second but I don't think it has operated this current year. It did operate the year before. For the rental of carts, strictly carts, I can only think of the one that has been discussed down at the other end of Tybrisa and Butler. Shuttle services, I would estimate there are probably about 10. Some are golf carts, conventional cabs, and other vehicles. Mr. Marion — For those businesses with this type of inventory, has there been any concern regarding potentially hazardous waste streams from servicing; perhaps the batteries in the golf carts, a place to maintenance those, or a recharging station? What kind of safety requirements would we need because in this particular location there is a bar on each side? You have an open parking lot with no deterrent to keep the evening foot traffic from perhaps joy riding in some of the carts or even damaging carts. Have we had any concerns historically with other businesses in the way they service those items? Ms. Otto— None have come to my attention. Mr. Parks— Dianne, I think you have been very generous in this parking requirement on the front page of our packet by not assigning any number to Dixie Pedaler, basically no parking requirement whatsoever. I understand the difficulty of estimating it but just on the multi-person bicycle alone, if we go 2 persons per car there is going to be up to 5 cars just for the one, much less the shuttle services which we don't know how many. I think you have been very generous since there are only 8 spots for the whole thing on one of the busiest corners on a Saturday night in July. 20131010CityCouncilPacket Page 78 of 102 10/3/2013/jrl Ms. Otto— I don't know that I was generous as much as there was no code basis for requiring commercial off- street parking requirements. Retail and restaurants are based on square footage, so there was nothing in there that could be used for this particular use. Mr. Parks— I just think that is a factor on this site plan. Mr. Bishop — I'm always concerned with public safety and in the codes I've read there is no reference to that. Has there been any input from a public safety perspective? This is a very, very busy area, whether it is seasonal or non-seasonal. With public safety, ingress/egress, 14 carts, and bicycle shuttles, let's assume for argument alone, a limited number of cars coming in to drop people off to rent the golf carts and/or the bikes. I spent about an hour last Saturday in that parking lot doing a car count. There was a tremendous amount of traffic in and out of that facility. I might add that Blimpie's is not open. It is closed for the season. It was a very busy area. There was a high number of traffic from the Shell station to the restaurant to the south along with foot traffic. With regards to the safety issue, I think that is part of our planning responsibilities. I don't know if that is an issue that has been considered or whether public safety has done car counts, or what type of accidents have occurred there under normal circumstances. Ms. Otto— I concur with your statement. To my knowledge there has been no traffic counts done. I have been there when it is dark out and it is not a bright lighted area and it is congested with people waiting to be seated at the restaurant. It's a small side street on Fourteenth with a lot of pedestrian traffic and it is challenged by parking on both sides at times. It is an awkward situation. Mr. Parks— Do we have someone that would like to speak to this issue? Mr. Lyon Jemison came forward and introduced himself. I'm standing in for attorney Ray Smith. Mr. Parks— I just want to preface this that this commission is historically an extremely pro-business commission. Any remarks or questions that come, please keep that in mind. We treasure the businesses here on Tybee. Mr. Jemison — I spend a lot of time here on Tybee. I live on Wilmington. My son and I like to come over and ride bicycles, use the golf carts, and play on the beach at night and try to catch ghost crabs. I was listening to the comments that were made and I would like to reiterate them because I think they are important points on behalf of my client seeking the Variance and relief from the ordinance requirement. I do believe that these electric carts are low impact. The service of the vehicles is actually done off-site. The lessor of the vehicles will pick them up, take them to his location, and work on them. There won't be any hazardous chemicals or batteries lying around, especially those things that could be a negative environmental or health impact. I agree, looking at the ordinances, I don't think this business requires any off-street parking requirement. What is in my client's favor is the owner of the Shell gas station has signed off on the use of the parking lot. It is another mixed-use of that site which I believe came up under 4-050. If anyone should be complaining, in addition to other businesses here in the area who might feel burdened by additional competition, it would be the Shell gas station owner. There is also additional parking. I believe it is about 800 to 1,000 feet away, there is public parking available for people. It seems to me that one compromise that could be done is a sign put up requiring people to park in the public lot area and then walk to pick up their golf carts. It is my understanding that my client actually receives telephone calls or internet requests, and they drop off the golf carts to the people. I don't know what kind of impact in terms of safety because I haven't seen it in operation. I do know the issue of how much traffic is going to be hitting that site is. I don't think it can be determined accurately. My client has let me know that most of the clients do not park in the area and she and her husband would like to keep it that way. I do believe that this activity is consistent with the activities on the island and in that area as well. I know that Sandy's by the Shore, I believe, they only have two parking spots. I also believe that Sandy's by the Shore is repairing their carts on site. You can actually go there and see the batteries lying on the ground. I would ask that City Council think about talking to Sandy's by the Shore. My client did conform to the City Council's request that a site plan be done. This is a first for a business not involved in development. I've been looking at these two words, `development' and `redevelopment'. I only see development being defined. 20131010CityCouncilPacket Page 79 of 102 10/3/2013/jrl don't see redevelopment being defined so I don't know if there is a distinction in the Council's head or if it is in the minds of someone else. I don't know how to distinguish between those two. Mr. Parks — Before you go further, this is the Planning Commission, not the Council. Council is your next stop. Mr. Jemison — Sorry, my mistake. This is the first time I've been in front of the Planning Commission. There was something in the Staff Report, page 2, "Staff finds the proposed addition of Dixie Pedaler with an office, quad bicycle, shuttle services, and golf cart rentals would violate the intent of the Inland Cottage Neighborhood Character Area." I would like my client to make a statement on that. Julie Livingston came forward and introduced herself. I am the owner of the Dixie Pedaler. I did have a statement prepared but I believe Mr. Bishop covered most of that. I do believe that it does fit the criteria for the Neighborhood Cottage Area and it does fit a couple of other things. In addition, there are other sections of the Comprehensive Plan that will be favorably addressed by the Dixie Pedaler. In the plan, Section 2.1 13.1], Population, it lists issues related to seasonal population as there is not enough activities for tourists. One of the proposed opportunities under that section is establish services and activities tailored to teens and seasonal visitors. This is exactly the nature of my business. It provides an opportunity for visitors to experience unique activities that can be tailored to their specific requests such as birthday parties, bachelor parties, or just a great time on vacation. Also in the same plan, Section 2.2 [3.2], Economic Development, it lists the following issues: "It is difficult to draw and retain small businesses that rely on seasonal population. The City needs to be more proactive with encouraging commercial redevelopment projects in appropriate areas." It lists the following opportunities to address those issues: "Develop economic development strategies that focus on small business retention, recruitment, and identifying and acquiring redevelopment properties. Encourage the development of eco-tourism segment of the economy that will attract visitors to the island in the off-season and provide incentive for natural resources preservation." By permitting our relocation to the site requested it gives us the ability to grow our business and better serve our customers at a convenient location. Both our quad bike and golf carts are extremely ecofriendly. The bike has ten pedaling stations that provide sufficient energy to propel the bike. It was designed and weight balanced for ease of operation. It does contain an electric assist should a situation arise where patrons require assistance. The golf carts that are for rental are all electric with zero emissions. It is part of our business plan in the future to make all vehicles capable of being solar charged. Finally, in Section 2.7 [3.7], Transportation, a couple of the issues listed are traffic congestion, which is a big issue during tourism season, lack of public transportation, and shuttle service around the island. There are currently, excluding our vehicles, approximately 25 electric vehicles for rent on the island. With a large number of visitors, there is a much greater demand for this. Our carts are not permitted on Butler Avenue and therefore reduce the congestion by steering our customers to lesser traveled streets. We do offer a very affordable shuttle service. It is $3 per person to travel anywhere on the island and we give a $1 discount to local residents. I hope this gives you a little more insight into our business and proposal and I'll be happy to answer any questions you may have. Mr. Callahan — Did I understand earlier that you currently operate this business out of your home? Ms. Livingston —We have the bike and one shuttle currently out of the house. We do not have golf cart rentals out of the house at this time. Mr. Parks—On this drawing, there is a golf cart in front of the dumpster enclosure. Ms. Livingston —Yes. Mr. Parks— I hate to say it, but from what I saw that is not going to work. Ms. Livingston —What is your concern with that? Mr. Parks— I don't think they can get the dumpster out of there. 20131010CityCouncilPacket Page 80 of 102 10/3/2013/jrl Ms. Livingston —We are working very closely with Jerry Desai who owns the Blimpie's, the convenience store, and the location. We have worked it out so they will always have a key to the golf carts at their business if they need to move anything at any point. We will work out the pickup times and make sure that it is available. They would never allow us to block it. Mr. Parks —On that note, the two golf carts that are behind the bike, as far as I could tell, have limited access to get back there also. Ms. Livingston —Those would be the shuttles. Mr. Parks— So you are going from one to two shuttles. Ms. Livingston —Yes, we want to increase that to two shuttles and 12 carts for rental. Hopefully those will be moving all the time and not sitting around and waiting for customers. Mr. Parks—The bike, when I was comparing this drawing to what I've seen, it looks like it is going to be hanging out onto the sidewalk. Ms. Livingston — It doesn't. It is actually backed up far enough that it does not block the vision. There is a big pine tree there that is not on the drawing. There is a big grassy area and it can sit there. We have done it and it does not block the vision of anyone turning right out of there. The bike is a little over 16 feet long. Mr. Parks— Even the drawing shows it going beyond the fence. Ms. Livingston — It does go beyond the fence. Mr. Parks— Does the fence delineate the City right-of-way there? Ms. Otto—Yes, it does. Mr. Parks—Okay. Basically I'm buying into a site plan that has parking into the City right-of-way. Ms. Otto—As drawn, yes. This diagram is a blow up of the survey that was provided. These little x's here are designated as the fence that you are seeing there. If 4 feet is one square, then 8 feet of that is on the property and the other 8 feet are off the property. Ms. Livingston —We would be happy to move it back and move those two carts so they are beside the first two that are facing the bike because those are the shuttles and that would alleviate that problem. Ms. Otto— I don't believe the City, in its interest, would approve the location of the vehicle off the property. Mr. Parks— I'm just raising my concerns. Ms. Livingston — I understand and I didn't realize that. Mr. Parks —The golf cart that is going to be at the corner, is that going to act as a sign? Do you intend to cover that with signage that says Rent Me Now? Ms. Livingston — It will probably say Rent Me on the windshield and have a phone number. Mr. Parks —That will be in compliance with our sign ordinance? Ms. Livingston — It should be because it will be permanently affixed to the vehicle, not a separate sign,just wrapped on the windshield. 20131010CityCouncilPacket Page 81 of 102 10/3/2013/jrl Mr. Parks — I agree that the operation is low impact. To me, this number of vehicles not allowed on Butler, only turning off onto Fourteenth, which is not low impact. Ms. Livingston —We do pick up and deliver for free. Mr. Parks — Understood. This is new for you, if I understand right, the golf cart rental? Ms. Livingston — Correct. Mr. Parks — I understand that your intent is to deliver and pickup but we don't know if people are going to be using that service. What if they come and get them? Ms. Livingston —You are right there. With the golf cart business, I can speak from experience having worked at the other business for over a year, and it has the 2 parking spaces in front and that is for the vacation rental, car rental, industrial laundry, and the shuttle. They are pulling out in a worse location, in my opinion, having watched what goes on at Tybrisa and Butler. There is no light there. Our people can turn left and go down to the beach in the golf carts so they all won't be going right. Many of them are probably, if they come here to rent, are going to want to head down to the beach. They're actually able to go both ways so it splits that in half and they do have the light which is an added bonus that the other business does not have in that location. Having worked there, the fact that people are renting these carts and they do not offer the free pickup and delivery. There was never a problem with people parking there for long periods of time, they were dropping people off to pick up the vehicles, sign the contract, and get going on their way. Mr. Parks —You are very thoughtful and very knowledgeable about this and it sounds extremely well planned. How many vehicles do you think would be there on a Saturday afternoon? Ms. Livingston — During the season? Mr. Parks —Yes. Ms. Livingston — Hopefully none. Mr. Parks —The slow ride. Ms. Livingston —We are offering free pickup and delivery on the shuttle with that. The bulk of our bike traffic is walk up from the south end area. Most of them drink. We encourage them not to drive and park anywhere, but some of them are family rides. Mr. Parks— Speaking of which, I notice there is one bathroom, maybe two. Ms. Livingston —There are two. There is one in the Blimpie and one in the convenience mart. We normally have to stop at the public bathrooms. Mr. Parks—Are you going to add any lighting? Ms. Livingston — No. Mr. Parks— It is not well lit. Ms. Livingston —The shuttle guys may pull in there. The golf cart rentals will close early so there won't be people coming in to rent the golf carts. The bike people can meet us there or if they are staying on the south end we can pick them up in the loading zone or the roundabout or different places. We try to spread that out where we pick them up. 20131010CityCouncilPacket Page 82 of 102 10/3/2013/jrl Mr. Bishop—Any consideration as to less than 14? Ms. Livingston — Fourteen includes the 2 shuttles. Mr. Bishop—Why 14? Ms. Livingston —We do lease these vehicles and because we thought we could afford to lease that number and make it if they didn't rent. We could reduce that number if you felt that was necessary. No additional ones are planned. Mr. Bishop —You mentioned there will be the one parked by the tree. Do you intend to have a sign on that? Ms. Livingston — No, we intend to install vinyl on all of the carts. That cart will be rented out. The vinyl will just say Rent Me and our phone number on the bottom of the windshield area. Mr. Bishop —The one located there [referring to PowerPoint], that can interfere with the public safety ingress/egress and sight for that intersection as well. As I was there looking at it, it appeared that could be problematic but I know that can be moved. Ms. Livingston —Yes, which can be moved also. Ms. Otto— I referenced that there are other sections in the code that require site plan to dispel the concerns whether this is a development that it doesn't have land disturbing. Section 4-050(E)(4)(H) is a list of uses allowed in the C-1 zone. It is titled Commercial Amusement, including amusement parks and other commercial games and sports. It is that section that allowed them to come forward and make this request. That and a number of other uses are listed as Uses Permitted by Right after Site Plan Approval. If it is uncomfortable for you to have to consider whether this is redevelopment, since this doesn't have land disturbing, it is still a use in C-1 and has to have Site Plan Approval. Ms. Bramble—You are saying if we ask for you to take the golf cart by the dumpster out, would you be willing to have one less spot or you would be willing to move it to side by side? Ms. Livingston —Yes, the area where these carts are located is currently unused area with the exception of the dumpster. It is paved and there is generally, like tonight, yellow tape across there to keep people from coming in and parking. The current businesses do not use that area at all. It is completely unused. We do have discretion on rearranging the carts in that unused area so it is more favorable to you. Ms. Bramble —You would be willing to move them somewhere else. Ms. Livingston —Yes. The owners of the business, that is their dumpster, and they do have a key to the carts so they can move them at any point if there is any obstruction with the pickup. Mr. Borkowski — I was thinking that to get rid of the issue of the dumpster and looking at that area today, I would think that you could take 3 to 6 of those carts, when they are not in use, and park them in front of the other ones along the back or parallel to the dumpster. You have 9 parked there and you wouldn't have to worry about the dumpster. You could park your bike in the front. I don't think you would have a problem with access there. It looked deep enough to park 3, maybe 4, deep. I don't know how big these are. Ms. Livingston — I believe they are 3 feet wide and 6 feet long. Mr. Parks —Three feet wide and 8-1/2 feet long. 20131010CityCouncilPacket Page 83 of 102 10/3/2013/jrl Mr. Borkowski —Two blocks is four feet for each block, so you could park all of them right along the side of the building and have the rest open. Ms. Livingston —Yes. Mr. Marion — Is there going to be any employees? Are you the only employee? Will you be out there 8 hours a day? Ms. Livingston — Probably 10 or 12 during the season. I will be handling the cart rentals. We will have a shuttle driver and Edward, my significant other, is the driver of the bike because there is steering and braking in the middle. When the bike is done, he will be driving the other shuttle. Mr. Marion — For the sake of transactions, will you be inside any of the structures that are existing now? Ms. Livingston —Yes. They have offered us a small area of the existing counter at the very end down where the coffee and soda machines are. They are going to give us that location to sign the contracts. Mr. Jemison — I think it was mentioned earlier about joy riding and would there be a tendency for people to come late night. I believe all of these golf carts will be disabled at night. Mr. Parks —Are there any other questions for the applicant? [There were none.] Ms. Livingston —Thank you for your time. Mr. Parks—At this time, is there anyone from the public that would like to address this? Sheryl Carp Kreh came forward and introduced herself. My parents and family have lived here sixty-six years. What I wanted to bring up has nothing to do with the planning per se except to tell you that this couple is wonderful ambassadors for Tybee. People are just raving about the bicycle. The other thing I wanted to say is we have a wonderful city here and we all want to preserve it. We have a wonderful Planning Commission and also the Commissioner. I'm sure that we can come up with a way that everybody comes out happy. I'm absolutely sure, I'm an optimist, that change can be good. It doesn't necessarily have to be negative. This couple has put their hearts and souls in this. They want to live at Tybee for the rest of their lives. They want to have children to stand up here afterwards and say, "My parents have been here for twenty-five or thirty years." I'm asking just as a person, as a friend, to please put our heads together and come up with an answer that everyone is happy and everyone can get along. All he wants is a business license and a place to park his vehicles to do an honest day's job. Mr. Parks— Do we have anybody else that would like to address this issue? Donald 'Dac' Cowart came forward and introduced himself. My family has lived here on Tybee. We've been on Tybee a long time. We made these codes. It doesn't matter to me. I like new stuff. I like the cab and I like people to make money off the tourists. If we're going to do that, we need to change our code and then go by the code. These City officials, they will use the code against you and they will turn around and use that same code for their buddies to get a permit. Mr. Parks — Dac, do you have anything for this issue? Mr. Cowart—This is the issue. Mr. Parks — Please direct it to this issue. Mr. Cowart— I am directing it to this. The issue is, I sent you emails on this, and the issue is the code is not being followed. The code says that you got to have a site plan and one of the reasons for that, Mr. Hughes 20131010CityCouncilPacket Page 84 of 102 10/3/2013/jrl says we don't want a bunch of umbrella businesses on the corner. Somebody said just businesses like the other business down the street. It is not— it is a concrete business down there. They have a place out back to work on their equipment, places to charge their equipment, places to take care of their equipment, places to wash, and everything. I think it is Section 3-050, I'm not sure, I've been dealing with this so much lately and I've been getting so many crazy answers from this City administration about different codes like you just said. You have got one code saying this and another code saying this. This is the point I'm going to make on the next one that comes up is if they are going to put tents up everywhere, then I'm going to go down to the Patel's, they love that money, and I'm going to ask to rent the corner beside the Social Club. I'm going to sell peanuts there and I'm going to bring everything out of my yard, like the Fish Art man, and I'm going to call it Dac Art' and start selling it. Mr. Parks — Dac, does this relate to the Dixie Pedaler? Mr. Cowart—Yeah, it relates to them getting permission to have a permit. They have got to have a Site Plan Approval. Mr. Parks —That is what we are working on. Mr. Cowart—That's what I'm up here to say. If they hadn't applied for that then you have got to turn them down. Mr. Parks —They have applied. Mr. Cowart— If they have, then you need to go look at the code and see what the code says before you make all these judgments. The code says that you can't have an umbrella business on every corner. Mr. Parks —This is rental carts. Mr. Cowart— It is the same thing. Mr. Parks— It could be. Mr. Cowart— It is the same thing. It is the same thing as the canopies at Seaside Sisters and it is the same thing wherever you want to put it. This was used against me and that's why I'm telling you this. Mr. Parks— I'm taking that you are against this proposal. Mr. Cowart— No, I told you, I love making money off the tourists. I'm against it breaking the code. If we're going to do this, then we need to get the codes in order. In my opinion, this is a rebuilt land use. Mr. Parks—Thank you Dac. Is there anybody else at this time that would like to address the Commission? [There were none.] At this time I will close the public hearing. I'm open to discussion or a motion. Ms. Bramble—As far as the density goes from Fourteenth down to Tybrisa, I really think this business has less of an effect because it is at a stop and go light. We all drive on our Tybee tours and it is difficult to get anything out on the four-way at Tybrisa. I don't think they are asking for anything more or less than what is already permitted in a close proximity area. The signs on the cart saying Rent Me, we all know we see the carts going up and down the street with those signs on it. I've seen in years past a rental cart sitting at a metered spot and it had a parking sticker on it. Ms. Livingston said that they can't drive down Butler or Highway 80 but yet in season I see carts going down Highway 80 and Butler all the time. Is that because it is a motorized cart? Ms. Otto — I'm not up to speed on the different types but there are certain types that are considered roadworthy that actually have license plates and all the safety equipment required as any other vehicle. The police department monitors the different types and there are restrictions on the ones that don't have all of the safety 20131010CityCouncilPacket Page 85 of 102 10/3/2013/jrl features that have to stay off of the highway. There are a few points where they are allowed to cross Highway 80 but otherwise they are negotiating the back streets. Ms. Bramble —These people will most likely provide parking stickers where the renters would be able to park at the meters. Would they have to buy all those stickers or would they be permitted because they are registered on Tybee? Ms. Otto — I'm not in the Parking Services Department to answer a decal question. Mr. Parks —That is an excellent question but I don't think that falls under our realm. Ms. Otto —A vehicle with a license plate has to have ad valorem tax designated for Tybee. Those are the ones entitled to a complimentary decal. Ms. Bramble —These carts, do they have a license plate on it? Ms. Otto — For the type she is describing, that would be restricted to the side streets, that is correct. Ms. Bramble — Do they have headlights, blinkers? They would to be on any street, right? Ms. Otto — I'm unsure of that. Ms. Bramble —As far as the parking goes in that area, that's jammed up anyway with all the restaurants and everything. I don't believe that a renter will come up and bring their car and want to park it and rent the cart all day. If they are renting that cart then they are staying on Tybee. So somebody is dropping them off and they are bringing back the cart to the house or she is delivering it. Personally, I don't think there is any problem with this. I make a motion to approve. Mr. Parks — I've got a motion to approve. Do I have a second? Mr. Bishop — Second. Mr. Parks —Those in favor of the motion, please signify. [The vote was unanimous.] Variance — 2-B Second Terr. Ms. Otto —At 2-B Second Terrace, this is a single-family dwelling owned by Paul Ewaldsen, Jr. The request is to rebuild a deck and stairway. Without a permit, the deck that existed and is shown in this old photograph was removed due to the owner's safety concerns about the structure. What you would have seen remaining had you visited the site, is a small landing coming out this door and going down these stairs [referring to PowerPoint]. The applicant is proposing replacing that with a deck/balcony area that would be wider. What was a 4-foot is being requested to be built to 6-foot wide. For that reason, because it is not going back into the identical footprint that had been there, a Variance is required. This is an R-T zone. In the R-T zone, the required setbacks are 20-feet on the front, 20-feet on the back, and 10-feet on the sides. As shown on this blowup of their survey, the 6-foot proposed deck would be within the 20-foot rear setback. What had been a 4- foot could be replaced without a Variance. The stairs are being replaced but because they are beginning 6- feet out rather than 4-feet out like they currently are, they will be extending closer to the 10-foot side setback. For that reason staff was unable to permit this and it has been brought forward for a Variance request. As shown in this older photograph of the deck that was removed, the proposed construction would be similar in that it does not negatively impact the parking for this area. The vehicles can still pull up there. It is not a pier construction where they are impeding the parking area. Mr. Parks — It depends on how tall the vehicle is. Ms. Otto —There is adequate parking for at least the two required and perhaps a third. 20131010CityCouncilPacket Page 86 of 102 10/3/2013/jrl Mr. Parks —Questions for staff? Mr. Borkowski — Relating to making it come out another 2 feet, I'm just wondering who determines if the way that it is being braced from the bottom is sufficient to carry what is going to be a heavier load and how it is going to be anchored. Who is the person that does that? Ms. Otto—When the application for the building permit is submitted, it will come in with plans. If those plans have a seal and signature from a design professional such as an architect or an engineer then we take that credentialed construction as being adequate. If it does not come in with a seal from a design professional it is required to meet the International Building Code requirements as far as the spans between the bracing. That is spelled out in the building codes regarding the number of supports given the length of the deck. I have drawings here that I do not see a seal on but I do not know if these are final documents or not. Mr. Borkowski —The thing I'm concerned about most is the anchoring point where it goes into the wall. Everything else is going to work towards pushing it against the wall but anything out towards the railing is going to create a lot of force towards pulling it out of the wall. It needs to be anchored really well. Ms. Otto— I agree. Our Building Official, when he does this plan review will need to have that it does meet our requirements. Mr. Bishop —The proposed project would expand the footprint into the required rear 20-foot setback area? Ms. Otto—Yes. Let me explain that. This is the rear of the property [referring to PowerPoint]. There is a 20- foot required setback across there and because the prior deck was only 4-feet wide it stopped in that 20-foot area about here [referring to PowerPoint], so there was already a 20-foot encroachment of a deck. With the proposal to come back with a larger deck, this extra 2 feet in that 20-foot setback is considered an additional encroachment. The code says that nonconforming structures can continue and they can be added to as long as there is no expansion or extension of the nonconformity. As this is proposed, staff could not grant approval because it was an additional expansion or encroachment into the required setback. In addition, the side 10- foot setback that is required, there had already been a 4-foot landing and the stairs were coming out and they are not meeting the 10-foot side. By expanding what had been 4-feet, 2 more feet and then starting the stair run, they are going to be closer than what had been there to the side property line and staff cannot grant a further encroachment into a setback. Mr. Bishop —The old deck, that one that has been torn off, the only thing remaining was the stairs. The 20- feet, the actually decking is in the same location, is it not? Ms. Otto — It is larger. What was removed was only 4-feet wide. Mr. Bishop — In length it is the same, correct? Ms. Otto —Yes. That 2-foot extension for 20-feet is new encroachment into the 20-foot setback. Mr. Bishop — I was assuming the 20-foot setback was at the rear. Ms. Otto — It is, off of this line [referring to PowerPoint]. If he was coming back with the 4-foot that was removed, he wouldn't need a Variance. Because he is making it wider, he is a foot-and-a-half off the line. Off of the 20, he is 18-1/2 feet and 2-feet wide into the 20-foot required setback with that portion of the new deck. Mr. Parks — Basically, before us is a request for Variance approval to add 2 feet to a replacement deck. 20131010CityCouncilPacket Page 87 of 102 10/3/2013/jrl Ms. Otto—As well as, because the stairs are starting further over than the 4 feet they were, instead of stairs starting here and ending shorter than this, now the stairs don't start until you are 6-feet over. That is a further encroachment into the 10-foot side then what is currently there. Mr. Bishop— Normally in our Variance aspects for construction there needs to be some form of hardship. I'm not quoting the code but I believe it refers to there must be a demonstrable hardship. Can you share with me what the hardship is or should we wait for the applicant? Ms. Otto—That would be for the applicant's response and that does apply to any variances including this one. Mr. Parks —Other questions for staff at this time? [There were none.] Is there a representative that would like to speak to this issue? Mr. Paul Ewaldsen, Jr. came forward and introduced himself. This property has been in our family for forty years. I built a 3-1/2 story home so I have tried to improve that since it has been in our family. The second house, 3 Second Terrace, was owned by a bank. The bank approached me many years ago and lent me all the money in the world and I basically gutted and renovated it and it turned out beautiful. Those homes are very, very nice there. I've grown up in Savannah, I'm 68 years old, and Tybee has been very special to all of our family. I am the oldest of 5 boys and we have been involved at Tybee for a long, long time. My mother and dad passed away years ago and my brothers wanted to sell it. This is a legacy to me as far as my father. I was able to buy it back in February. The little house, 2-B, you saw the picture there, is a concrete block home and goes back prior to my dad buying 2-A, which was a new house forty years ago. That is in one tax ID number and always has been. In Lots 1 and 2, I don't think in my lifetime that will ever be changed. In between the two houses there are basically 3 parking places and this has always been satisfactory. This thing has been very important for our family and church friends and other people. What happened on the 2-B Terrace, as you saw the pictures that I sent around, you can see that has been leaning down for quite a few years. Those 3 wooden braces, down at the bottom, had 2-inch round screws/bolts that have been in there for all those years. Underneath the deck, up where the braces go and support that, I have had to repair that two times with a 2 x 10 underneath to make sure that it was satisfactory. Back in February, March, and April, when I was doing the other work on 2-A, I really noticed that two of the iron pins were cut from deterioration. Right away I had people there and for safety I took it down. I should have probably come over and got a permit to tear it down. I was so afraid because there were so many people coming and going that I just took it down and tried to save the steps that go up to the other door. On the picture I sent around, there is a small white chair on that deck. Any time anyone would stay at that house, and with a small table, you could barely get out of the chair and go around anyone. With that in light, I thought it would be appropriate to add 2-feet and never thought about a Variance request because I've always thought that it was one piece of property under one tax ID number. Dianne and I have cooperated with each to submit this to you. My point is to try to beautify the place, enhance the usability of the deck and the safety situation you brought up as far as the bracing. Drexel Taylor, who owns Omega Steel, says that post going down is going very deep into the concrete and would be secured. That would support just about anything. All of this will be submitted back to Dianne once we hopefully get permission. I was concerned that not putting more wood and bracing on that concrete block as far as not knowing what is inside that block. Drexel has obviously given me some tremendous amount of security as far as supporting that beam against the brick but not encompassing in the brick. Hopefully I will come forward again and ask to have Cape Cod shingles on that house; I even brought pictures of the big house. The inside is magnificent to me. Mr. Parks — Do we have questions for the applicant? Mr. Bishop—The actual hardship that is required for a Variance as I mentioned earlier. The Land Development Code requires it to be a demonstrable type of hardship. You mentioned you want to widen the new deck from 4 to 6. Mr. Ewaldsen — Correct. 20131010CityCouncilPacket Page 88 of 102 10/3/2013/jrl Mr. Bishop—What is the actual hardship? Mr. Ewaldsen —The hardship is the comfort thing. It is not pleasant because you are jammed up there. The 4- feet does not work. In fact, I would like to put some type of awning out there. The hardship is just making it a much nicer, more comfortable deck. Mr. Parks —This is a rental property, correct? Mr. Ewaldsen —Yes, it is rental. Mr. Parks —This is not for your family. Mr. Ewaldsen — Oh, yes. We use it a lot as I have 3 daughter and 8 grandchildren. Mr. Parks —Are you going to put a screened enclosed porch. Mr. Ewaldsen — No. Mr. Parks — How about lighting? Mr. Ewaldsen —We have one lamp over by the door and there are 2 lamps coming down for parking. Mr. Marion — I want to make sure I'm hearing you clear. You are enhancing the aesthetic beauty, safety is obviously remedied. So, it is aesthetics instead of the safety remedy. Mr. Ewaldsen —The safety was the key ingredient. Mr. Parks — It has to be replaced because of safety. Mr. Ewaldsen — It was not quite the situation that people had years ago when they had all these people on it. Mr. Parks — It could be replaced at 4-foot and it would be safe. Mr. Ewaldsen — Sure it could but it is not a comfortable thing. Mr. Marion —The 4-foot itself is an uncomfortable thing but nobody is going to suffer a hard loss to any degree. Mr. Ewaldsen — I think you have to consider if you look at the one piece of property tax ID number, how that original house was Lot 1 on the whole lot. Somehow going back forty years ago you put Lot 1 on the big house and Lot 2, which was the original. It has been on one tax ID number and that is why I question why we even need to have a Variance because that is all one piece of property and never in my lifetime be able to subdivide. I don't want to do that and you have plenty of space. If you look between the little house and the big house you have 3 cars so there is at least 30-something-feet. Mr. Marion —Worst case scenario, if you found yourself at a point where the 4-foot had to be maintained and the 6-foot wasn't granted, is that something you are able to live with? Obviously you are here for the Variance but if it came down to just maintaining what it was, could you live with that? Mr. Ewaldsen — I have done so many good things for Tybee. My interest has been a lot of things. I have been in front of you many times with other pieces of property that I have been involved with because of Tybee people. This is my property and it is extremely important to continue my dad's legacy and have a beautiful piece of property. The little house is used an awful lot for overage because the big house has 4 bedrooms and 3 baths. That is 8 people. Many times big families need more so that has been an annex, as I call it. 20131010CityCouncilPacket Page 89 of 102 10/3/2013/jrl Mr. Parks — Is that for your family or for the rental? Mr. Ewaldsen — For my family, church people, or other things. I'm in control of people using it. Keith Gay has this available for rent to help supplement the original thing going back before my brothers as far as paying $16,000 in taxes years ago. To answer your questions, I'll take 4 but in all sincerity it's just not very attractive and that is what I'm trying to do. I want to come back to you when I can afford it and put some Cape Cod shingles on it. We just put a roof on this one and a metal roof on the main one. I spent $100,000 on the main house. The whole property cost me a $1.1 million. I'm invested and I'm trying to continue my dad's legacy and this is very important to me to make something nice and comfortable. As far as extending the stairs, I don't know if you can make the stairs stay where they are now and be able to go up at a different angle. I would have to get with Drexel. When you look at the stairs, even if we needed another foot or two, there are 4 trash cans 3- or 4-feet off of that stair going to the main house. I have plenty of room and to me it would not be intrusive. To me it is one piece of property. I would really, really appreciate your consideration. Mr. McNaughton — If this were recombined, would the width of the deck be an issue? Ms. Otto—These are currently two lots of record. If it was proposed to be combined, there would be an issue with having two primary structures on one lot but it would not be an issue for a 6-foot deck. Mr. Ewaldsen — I'm just trying to do something really good structurally and safe to where nobody is going to get hurt and continue with how I grew up here. Mr. Parks— Is there anyone else from the public that would like to speak to this issue? [There were none.] At this time I will close the public hearing. Do I have discussion or a motion? Mr. McNaughton — I make a motion to deny. Mr. Borkowski —Second. Mr. Parks—Those in favor of the motion for denial please signify. [Vote was unanimous.] Minor Subdivision — Lot 32 S. Campbell Ave. Ms. Otto—The owner at 32 S. Campbell is John Bragg. He actually owns lots 30, 31, and 32. What is before you is his request to divide lot 32 into 2 lots. This is in an R-2 zone. The lot size requirement would be met for this request for the single-family requirement. They could not be developed as duplexes. There is the required easement to the rear lot at the 20-foot that our code requires coming off of Campbell to get to what would be lot 32B if this is approved and recorded with Chatham County. The applicant is in the audience this evening. Mr. Parks — Do we have questions for staff at this time? [There were none.] Is there someone that would like to address the Commission? Mr. John Bragg came forward and introduced himself. I own those lots. It is simply too big to sell by itself. We have decided to divide them and it still has plenty of square footage. Mr. Bishop —There would be a means of ingress and egress from South Campbell for both of these lots without creating any traffic issues? Ms. Otto—That is correct. On the plat as proposed, this is South Campbell [referring to PowerPoint] and there is this 20-foot access and utility easement that would get the vehicles and utilities back to the property at the end of that. Both the front and the rear would have access. Mr. Bragg has been in communication with our Water& Sewer Department about where to locate the tie-ins that would be needed to get the utilities back there as well. Mr. Parks— I also noticed there were no trees of any significance on there. 20131010CityCouncilPacket Page 90 of 102 10/3/2013/jrl Ms. Otto—You may be wondering about part of this. On the property is this concrete area [referring to PowerPoint] that has an interesting history if Mr. Bragg would like to share that with you. Mr. Bragg —That is a shuffle board that is pre-WWII. When I got the property from my family, there were the disks, sticks, and actual lines there. My kids grew up playing on that shuffleboard and that thing refuses to go away. It is still there. I hope whoever has it, maybe they will enjoy it before they build a house on it. Mr. Bishop— Should this be approved, the lucky owners of lot 32-B will have direct access to water. Ms. Otto—Yes. Mr. Bragg — It is a good place to put in kayaks and paddleboards. Mr. Callahan —What are the two dashed lines shown on the drawing? Ms. Otto—That is the marsh delineation line as delineated by DNR. Here where it says flags [referring to PowerPoint], that is where the DNR flagged the marshline and inside of that is the 20-foot marsh buffer line. We enforce that as a non-buildable area unless they would seek a DNR permit for a buffer encroachment. Mr. Parks —That's included in the square footage? Ms. Otto—The property is still that size lot. It's just there is a portion of it not buildable without a State permit. Mr. Parks— Is there anybody else from the public that would like to address this? [There were none.] At this time I'm going to close the public hearing. I'm open to discussion or a motion. Mr. Bishop — I make a motion to approve the minor subdivision as requested. Mr. Marion — Second. Mr. Parks—Those in favor of the motion to approve, please signify. [Vote was unanimous.] Site Plan Approval — 1207 Hwy. 80 Ms. Otto—There is a code section, 3-070(B)(7), particular to Temporary Enclosures. This section was created I believe back in 2009 or shortly thereafter because there were a couple of temporary tents being used on the island for commercial purposes and there was not a code section that addressed whether that was or was not allowed. We did ultimately process those two in 2009 and what is before you this evening is the first subsequent request. This location is sometimes referred to as Sundance Plaza and there are a number of businesses located within there. One of the 2009 tents approved was for Seaside Sisters at this location. On the plan you will see a tent that has 'SS', which is Seaside Sister's tent that has been properly processed. What is before you is 2 additional tents that have been placed at the location without the required Site Plan Approval and without permitting and inspections. This is an after-the-fact action before you requesting first the Site Plan Approval and then the Planning & Zoning Department will work with the owners to get the proper permits and inspections done. The two tents are located on a wooden deck adjacent to one another. Their businesses are to the north of there, The Irritable Pelican and the DBR Signature Gallery. Here are a couple of photographs of them [referring to PowerPoint]. Mr. Borkowski — How long are these going to be there? Ms. Otto—Although they are called temporary enclosures there is no requirement that they be removed or relocated. They may stay there as long as the owners choose to and they continue to be maintained as temporary enclosures that have been properly anchored. 20131010CityCouncilPacket Page 91 of 102 10/3/2013/jrl Mr. Callahan — If I'm not mistaken, the word temporary actually pertains to the type of structure as opposed to the length of time they will remain. Ms. Otto—That would be accurate. Mr. Bishop—When I went down to see this I didn't have anything to measure with. They fall within that maximum size of 120 square feet? Ms. Otto— I believe they are 10 by 10. Mr. Parks —They were the same size as Seaside Sisters. Ms. Otto—Which is 100 square feet. Ms. Bramble — It is actually 2 businesses, correct? Ms. Otto—Yes. Ms. Bramble —They are going to be permitted with one site plan? Ms. Otto—Yes. Because it is after-the-fact and because staff was not aware until it was brought to the City's attention that they were there I did not compel them to do two separate applications. I chose to allow them to proceed together on this. Ms. Bramble— How long have they actually been there? Ms. Otto— I do not know. My typical route to work does not go by this facility and until it came to my attention, I did not know they existed. We do have a representative here that can answer that question for us. Mr. Parks — Is there somebody here that would like to speak to this? Mr. Michael Bodine came forward and introduced himself. My wife owns The Irritable Pelican. Mr. Parks — How long have they been there Mr. Bodine? Mr. Bodine — Debbie put her tent up when she first opened which was last summer I think. Rebecca didn't put her tent up until late Spring of this year, May or June. Mr. Parks —Other questions for the applicant? [There were none.] Is there anybody else that would like to speak on this issue? [There were none.] I will close the public hearing at this time. Do I have discussion or a motion? Mr. Marion —Are there any requirements on these temporary structures to have electricity, ventilation, anything of that nature? I think historically there has been some type of inventory so patrons can go to and from and I didn't know if there were any requirements. Ms. Otto— Electricity, to my knowledge, is not requested or required. Our permitting aspect is certainly safety and given the 130-mile per hour wind zone that we are in we will be looking, after this is permitted, that they are properly anchored to withstand that. Not the material but the frame. Mr. Bishop — I make a motion to approve Site Plan as presented. Mr. McNaughton — Second. 20131010CityCouncilPacket Page 92 of 102 10/3/2013/jrl Mr. Parks —Those in favor of approval of the Site Plan as presented please signify. [Vote was unanimous.] Site Plan Approval — 21 Veterans Dr. Ms. Otto —This commercial building is located in an R-1 district. It has been there for a long time. It is an original Fort Screven building that is 100 years old. The request before you this evening is Site Plan Approval to add a handicap ramp to the west side of the property. There is a porch located here [referring to PowerPoint] that goes into the club room and currently there are stairs there. There is an access ramp located elsewhere on the property which goes into a hall, the larger assembly area, but this request would be to add a second ramp over in this vicinity. At your chairs this evening was a survey that had not been available at the time packets were distributed, along with a redesign on the ramp itself. At the preliminary staff review, we discovered that the ramp did not meet the ADA Code as the run was too long without there being a landing. There are limits on how far you can ramp, the distance and the height, without having another landing spot and then continue going up. What was at your seats, you will see a landing midway that did cause the ramp to be longer but it does bring the ramp into the necessary compliance that will be able to be permitted this way. Based on the survey, it will not encroach past any property line where the building is located. There are actually 4 lots that make up that property and this is wholly on one of those four lots. This photograph [referring to PowerPoint] of existing conditions, the plan does call for the current steps to be relocated. They would shift to the left and the new ramp would be more in the vicinity of the current steps. Mr. McNaughton —Will there be enough room for the ramp and the stairs? Ms. Otto—Yes. The ramp and the stairs both have a minimum requirement of 36 inches of clear space, not counting the railings, and there is adequate space in that 8-foot area to address both of those. Mr. Marion — If memory serves me correct, wasn't there an old gas or propane tank? Is it still there or has it been relocated? Ms. Otto — It has been removed from the property. Mr. Callahan —The stairs will be demolished instead of relocated? Ms. Otto — I think they will try to salvage the materials that would allow them to still have a narrower stair, if there is anything still usable they will shift it to the left and the ramp itself will be on the right side. Mr. Callahan —The existing sidewalk will lead up to the ramp? Ms. Otto — Correct. When you get to the foot of the new ramp, it will be required that the existing sidewalk be widened to meet ADA requirements for that landing coming off of the ramp. Mr. Callahan — But there won't be a sidewalk leading from somewhere near the bottom of the ramp to the relocated stairs. Ms. Otto — Not as currently proposed. Mr. Callahan —There is no requirement that we have for that? Ms. Otto —That would be their choice. Mr. Borkowski —Are they going to have to make the doorway wider? Ms. Otto — No. This is considered an attempt at access into the building but it does not trigger a requirement that the building be made compliant. Mr. Parks — Other questions for staff? [There were none.] Is there anybody here representing the applicant? 20131010CityCouncilPacket Page 93 of 102 10/3/2013/jrl Mr. Ronnie Tatum came forward and introduced himself. I'm the Adjutant at the Legion and Chairman of the Tybee Veteran's Memorial. It's not anything that we came up with. It is a must thing. Following guidelines with the State and Federal government on ADA, with the capacity of our building and our canteen, the existing ramp in front of the hall was put there and grandfathered in years ago. It was a ramp for handicap but also for people to move the chairs, tables, speaker equipment, and everything to give access to the hall. We do not keep that hall open on a daily basis. The new ramp will give access to the canteen and to the hall. The old ramp is not ADA approved. It is basically for moving equipment in and out of the building. This falls under the guidelines of ADA with capacity of the canteen and the hall. If you want the location changed around back we will draw up new plans but it is something that the American Legion, by following State and Federal guidelines, that we have to install at our Legion. Ms. Bramble —You have to absolutely do that since veterans of WWII are very old now. My pops would like to visit you more often but it is very difficult for him to even access your building. This is something you should have done a long time ago. Mr. Tatum —We've got a younger group in there now and with Dianne's help in the last two years we have changed a lot of safety issues. You have to understand this building is over 100 years old and we've been fighting to keep it in line. We're getting ready to put a new roof on it, done a lot of things inside including remodeling the kitchen, sanded the floors, and structurally reinforced the roof. The roof had caved in 3-1/2 inches and we had to go in and jack it back up and put new beams in there. The City just allotted us putting a fire suppression system on the air conditioners. We're just trying to bring it up to code and so far we have done a great job but this is one of those things that all the Legions that have elevated halls must do. It is either put it there or somewhere else around the building and this is the easiest access. It will give plenty of room and plus the ramp will be lit for the safety of our members. We have 4 handicap parking places. When we put this ramp up we will have a guideline of where to put the 4 handicap spaces and give access to the handicap ramp itself. We don't have any 21 or 22 year old members anymore so we have to comply with it. Ms. Bramble - Is that sidewalk going to lead right out into the parking area? Mr. Tatum —You will have a parking area in front of it to the left. Ms. Bramble —Those will be the handicap spaces? Mr. Tatum —Yes. Home Depot is going to be building the ramp and they are going to go by the specifications. This was donated by Home Depot. We will get with the City and Dianne and see where we can actually set the handicap signs. Mr. Parks — Is there anybody else from the public that would like to speak to this issue? [There were none.] At this time I will close the public hearing. Do I have any discussion or a motion? Mr. Borkowski — I make a motion to approve. Mr. Callahan — Second. Mr. Parks—All those in favor of approving, please signify. [Vote was unanimous.] Text Amendment— Section 3-080, Off-street Parking Requirements Mr. Callahan — I make a motion to continue to the next agenda. Mr. Parks — I have a motion to continue. Is that okay Ms. Otto? 20131010CityCouncilPacket Page 94 of 102 10/3/2013/jrl Ms. Otto— It would. We had been in an enforcement situation with residential driveways. With Council's guidance, staff now has procedures to allow permitting to be moving forward. The ultimate question is whether the code needs to be changed. For now we do have a plan on how to handle it. Mr. Parks — I have a motion, do I have a second? Mr. Bishop— Second. Mr. Parks —All those in favor, please signify. [Vote was unanimous.] Mr. Bishop— I make a motion to adjourn. Mr. Callahan — Second. Mr. Parks —All those in favor please signify. [Vote was unanimous.] Meeting is adjourned. Meeting ended at 9:05 PM Minutes by Jerris Bryant and edited by Dianne Otto. 20131010CityCouncilPacket Page 95 of 102 10/3/2013/jrl ORDINANCE NO. 34-2013 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO SECTION 46-45 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; WHEREAS, the City is a local government subject to the Fair Labor Standards Act; and, WHEREAS, the City desired to adopt an ordinance under its authority as a subdivision of the State of Georgia. NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that section 46-45 of the Code of Ordinances is hereby amended as follows: SECTION 1 Sec. 46-45. It is the intent and policy of the city to comply with the Fair Labor Standards Act (FLSA), as it applies to local governments, in its overtime and compensatory time provisions for city employees. In the event that the city's personnel policy should differ from the FLSA, the FLSA controls. The City's policy on overtime and compensatory time off is on file with the Clerk of Council. SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such 20131010CityCouncilPacket Page 96 of 102 10/3/2013/jrl illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2013. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2013/34-2013—Sec 46-45,Overtime and comp time-09.17.13 20131010CityCouncilPacket Page 97 of 102 10/3/2013/jrl INFRASTRUCTURE COMMITTEE MINUTES CITY OF TYBEE ISLAND August 8, 2013 5:00 P.M. ATTENDEES: Paul Wolff, Diane Schleicher, Tom Groover, Joe Wilson, George Reese, Barry Brown, Chris Stovall, John Giordano and Angela Hudson. Approve the minutes of the previous meetings—Paul Wolff called the meeting to order; asked for a motion to approve the minutes from the 7.11.13 meeting. Tom Groover motioned to approve. Barry Brown seconded. New Business: I. WFN Consulting—Preliminary Assessment Report II. LED Lights through GA Power—Joe Wilson states, I've received my final plan from Georgia Power; we have a complete inventory of our street lights now; I'm going to see if I can't meet with them to discuss putting in LED's; I will let Diane know of the meeting date and time, so if anybody wants to attend, they can. Old Business: I. Public Safety Building Update—Mayor Pro Tem Doyle a. Paul Wolff states that Wanda asked us to hold off on the Public Safety Building Update; she's going to do that at the regular meeting. II. Discuss New ADA Sidewalk on Eastside of Butler from 18th Street to 19th Street a. Diane Schleicher states, I put this on the agenda because it has been put in the budget; Joe Wilson and I had discussed getting letters out to the effected neighbors of the right-a-way, to let them ask questions about the project; also if they knew of anything in front of their property that we should be aware of they could also give recommendations or any concerns,they could voice that; the basic plan of the sidewalk project is to continue the same 5 foot sidewalk, in the City right-a-way, all the way to 19th St., because we have increased pedestrian traffic. III. Update on Sewer Force Main on Jones and Miller a. George Reese passed out a handout of what monies have been spent through 8-8-13; most of the material has been bought; basically I think it will be the end of the month before the job is totally completed; we have to go back and dress up driveways and that sort of thing; next week we should have #3 tied in. IV.Update on Ally 3 Project— a. GDNR is working on ramp agreement and reimbursement of cost—Joe Wilson states he talked with DNR today; they sent us a check for the cost of the mats on the 25th; I still do not have the municipal agreement; before I do any installation or buy material, I would like to have that agreement; 20131010CityCouncilPacket Page 98 of 102 10/3/2013/jrl he's using the same municipal agreement that we have on the Pier; basically, they're paying for it, we just have to maintain it. V. Update on Jaycee Park Fields— a. Joe states that Sandy will be spraying herbicides, this next week to get rid of the weeds out there; irrigation is working fine; we'll go back and top dress and oversee with some Bermuda; I'm also ordering some clay; they wanted the infield done; we should be completed with the project, in the next 2 months. VI. Jones Avenue: a. Engineering for water lines including surveying has started—Chris Stovall (Thomas & Hutton)joins the table; the survey is now completed; I was out there looking at it today; I brought out a small set of drawings that we put together so far; basically, everything is looking good; I've got a few clean up things we'll do on that; I think we're still on a good schedule at this point; the only issue we'll have is, do we want to go ahead and get that force main at Hwy 80, as a part of it; I think that was the plan was to go ahead and add that into here; go ahead and get that out of the way; there were drawings done in the past to do that force main#6 at Hwy 80, but it actually was calling for an open cut; I checked with DOT; they will not allow an open cut; we will have to jack and bore that section; that's the $94,000 figure; basically replace from pump station#6,under Hwy 80, and then go about 250 feet farther, so we can tie back into the line at that point; we need to get that line replaced so we can actually get the water line in at Jones, while we're making the turn at Chu's. Diane asked how long it takes to do the jack and bore and what time of the night. Chris replied, it wouldn't have to be at night; it definitely would be done during the low season; it will be required that road will be shut down probably for 72 hours, minimal; it will take them 2 days to dig the hole; a week if everything goes smooth. Barry Brown states, what we're going to need to do, is detour people down Lewis Ave. or Miller; people down there will need to be notified that they will have an abundance amount of car traffic, coming that way. b. Paving is budgeted for project c. Recommended Sewer Line Improvements (added cost to project cost) i. Cost Estimate From Lift Station# 6 to N. Jones (Boring under Hwy 80)—George Reese states, if you go 4 feet, you're talking about well pointing; plus you're going to have to shore, or you'll lose the station; I don't think the $94,234 figure is enough; well pointing is expensive. Chris states he will check on that. ii. Cost Estimate for all of Force main#6—Chris states, we need to talk about the next phase of the work; if we are going to continue on with the Force Main, in the future; I talked with DOT about the directional drill of the line where it crosses the marsh; open cut will not be allowed because of the marshland set back rules; it may also be, that we could do a directional drill at this location; it would be easier to get through DOT, than an open cut would be; it 20131010CityCouncilPacket Page 99 of 102 10/3/2013/jrl still may be an issue; under directional drill,the pit would be right on top of the ground and they would go down and up; we're already talking about a section on Hwy 80, to actually put in a directional drill, from the tie-in at the bend,up to, in front of the Chu's there, because there's so much in the way; it will cost more for us to replace all the sidewalks down through there; all the power lines from the new poles, to get in; my recommendation is to go ahead and directional drill that; it will cost about the same thing; we can directional drill that and talk to DOT and see if we can directional drill the force main under; that would be an option; the cost would be, close to the same; I'm not promising that they will let us go under the highway with that though; we can directional drill a casing, as well; that starts going up in cost; DOT will allow that but you can't do it with the budget that we have; I think we need to add this as part of the project. Chris states, if you want to talk about the rest of the#6 Force Main, there were preliminary drawings that were never stamped; the portions that would be different today, would be the jack and bore, under 80; and then, how do we get under the marsh. Barry Brown states, I think it would be to our best advantage to just do it all the way; we don't need 3 or 4 more blow outs in that marsh. iii. GEFA Loan Opportunities—Chris states, one issue is, you would need to get a water loan and a sewer loan; if you go through the Georgia funds, then you can combine them at an interest rate of 2.4%; no red tape; if you go through SRF, you have a drinking water fund and a clean water fund; so you actually have to get a loan out of both of them; for a water line project, you go through drinking water; for a sewer line, you go through the clean water; these are the ones that are the 1.4%, and up to 10%, principle forgiveness. Angela Hudson states, but they're not guaranteed; it's case by case; it's done by a ranking and scoring system. Diane Schleicher states, we wouldn't do well with that because we're a wealthy community; we wouldn't score well; Diane asked Chris, are you saying,with standard GEFA, and with us being a Water First Community, we can't get the 1% discount. Chris replies, you're right; instead of the 2.4%, it would be the 1.4%, on the Georgia fund, as well; you get rid of all the paperwork; those loans can be approved within a month's time; whenever they have their next meeting; we'll have the water line drawings completed and ready for review, in about 2-3 weeks; the Force Main drawings, again, there are drawings that are already done, by others; those potentially, could be utilized just with some modifications, at Hwy 80, that we'll go ahead and incorporate into the water line drawings; we can do an alternate bid for looking at either, an open cut at the marsh areas, or directional drilling. 20131010CityCouncilPacket Page 100 of 102 10/3/2013/jrl Diane asked Chris if he had worked on a budget for the water line. Chris replies, I think we had one in our original RFP package; I can send it to you. Diane states, if this committee wants us to go after a GEFA loan for the water lines and this, I would like to combine that, if this committee approves it, and go to Council and ask for this to be moving forward. Chris states, I will go ahead and get a design permitted and a construction schedule of what we think and put it on a hand chart. Diane states,we also need an agreement now; Thomas and Hutton is only under contract for the water lines; we need a scope of service for this project, as well, for this committee to recommend. Paul Wolff states, so you're talking engineering documents ready in a couple of weeks; 30 day bid process; 90 days until construction starts; so we're looking at a total of lyear to lyear and 3-4 months. Chris replies, yes. VII. New AMR System: a. Installation in progress—George Reese states, they are on the second book now,putting the installation in; the first book is up and running; they're reading it; everything is working great. b. Staff training in progress VIII. TRAILS PROJECT: a. Project update: John Giordano joins the meeting; states, I just wanted to come and give everybody an update on the Trails Project; we're still in the environmental process of the project; right now we're continuing to get the ecology report; all of the other environmental special studies are completed,but in talking with Moreland, they want everything to be submitted at one time; in order for RLC to finalize the ecology report, one of the things they needed, and received from the City, was a state water determination, which they received last week; so now, in order to finalize it, they have asked for the buffer impact drawings, which Thomas and Hutton has started working on; we're going to get those together so they can put those in the ecology report and get that off; once they complete that, we'll get everything in to Moreland, for their initial review; then off to GDOT and Federal Highway, for final approval; the ecology report, the first draft, will address the impacts based on the boardwalk we had approved in the concept report for crossing the marsh area; once we get over to the rails to trails portion, we're going to discuss, maybe bringing in some fill to even it out; it's basically going to address those impacts. IX.Update on Beach Rake & Tractor Replacement a. Staff meeting with GDNR on 8.8.13 to go over GDNR permit requirements—Diane Schleicher states, Joe Wilson and I met with the DNR permitting folks; they gave us some paperwork; I'll be going through that; they did studies on beach rakes in California and Florida, different things; pros and cons. Joe states, basically what they are doing is outlining what we will need to file for a permit; we'll have to go through a 20131010CityCouncilPacket Page 101 of 102 10/3/2013/jrl permitting status; we submit our permit based on where it's going to be done,how often it's going to be done; then a 30 day Public Notice; review it for 30 days; then we go to the committee with a permit. Diane states, we have to go through the permitting process; that's what Council had asked us to do; Joe and I are looking for guidance on this; they asked when we would like this from; spring to summer; St. Patrick's Day through Pirate's Fest; busy areas; right now they feel like they have an agreement for us to move the beach rack and so forth; they feel like they have a good agreement with us; would it be removing beach rack; would it be used on a daily basis for garbage. After a lot of discussion and opinions, Joe states, my personal opinion on this is, everybody review the information given to us, highlight your concerns and problems and then let's discuss this at the next meeting. Paul Wolff agrees. Diane states, I will make sure everybody gets a copy. With no further business to discuss, Paul Wolff asked for a motion to adjourn; Barry Brown motioned to adjourn; Tom Groover seconded. A quorum of city council members may be present which would constitute a meeting. Respectfully submitted by Karen Reese on 9.10.13 20131010CityCouncilPacket Page 102 of 102 10/3/2013/jrl