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HomeMy Public PortalAbout070_010_South End Policies & Procedures MAYOR /$4„.6. CITY MANAGER Jason Buelterman 9�C__, _ Diane Schleicher• CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett �. Edward M.Hughes Monty Parks rr 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: January 9, 2014 Item: Considerations—Dianne Otto Explanation: Consideration of proposed amendments to the South End Policies and Procedures A. South End Sidewalk Widths—requested at December 12, 2013, Council meeting B. Page 4 of 7—update Better Hometown to Main Street C. Page 5 of 7— modify Overhead Structures 1. Revised to address umbrellas only. 2. Specific to location of proposed awning— a. Butler Ave. —awnings required to be 48-inches; approved by Staff b. Tybrisa & Strand—awnings required to be 72-inches; approved by Staff 3. Revocable License and permit required for all awnings 4. Deleted Public Hearing with $100 fee requirement. 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: January 2, 2014 * * * 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 �a��, CL`�v SOUTH END SIDEWALK WIDTHS 12/26/2013 Butler Ave. 14th St. Sting Ray's' 5' 3' 8" X Butler Ave. - 4-foot awning required ----8' 8" X X 8' 11" 4' 4' 1 1" 15th St. Breakfast Club 3' 8' 5' 3' 1 1' - --8' X X Nickie's 4' 4' 11" #Tybrisa & Strand - 6-foot awning required 8' 1 1" Rockhouse L. r 7' 5" i 0 Tybrisa 4' 4' 9' 7" zn # Strand Waves Christy's 1 2' 4" 4' 4' 6" ----16' 4" x # 1 1----16110" Fannie's! 12' 10" 4' A-S>„ FOR OFFICE USE ONLY AS 4. CITY OF TYBEE ISLAND bate Received SIDEWALK CAFE OR MERCHANDISE DISPLAY New or Renewal PERMIT APPLICATION License Number Business name Street address Mailing address Name of business owner: Email Phone numbers of owner: Business Home Mobile Name of applicant if other than owner: Email Phone numbers of applicant: Business Home Mobile Relationship of applicant to owner(same,employee,agent,etc.) Mailing address of applicant Application is for: ❑ Sidewalk Café ❑ Merchandise Display 1. The length and width in feet of the public right-of-way to be used: 2. The number of tables and chairs to be provided at the Sidewalk Café: 3. Hours of operation of the Sidewalk Café or Merchandise Display: Sunday: until Monday: until Tuesday: until Wednesday: until Thursday: until Friday: until Saturday: until Sidewalk elements of cafes and merchandise displays must be secured daily when normal business operations cease. The applicant shall not replace the approved items or change the layout without written authorization from the Planning and Zoning Manager. DOCUMENTS REQUIRED WITH APPLICATI©N ❑ Affidavit(must be notarized;see page 2) ❑ Indemnification Agreement(must be notarized;see page 3) ❑ Certificate(s)of Insurance listing the City of Tybee Island as an additional insured(see page 4) ❑ A Site Plan to scale with measurements of the proposed sidewalk area and all items to be placed on or within it (see page 4) ❑ Photograph(s)of the sidewalk area(optional) Applicant's signature Date Printed name ROUTING APPROVE OR DENY BY DATE I FEE Sidewalk Use Fee $0.00 City Marshal An application may require 30 days or more to process. Planning&Zoning Manager DIRECT AN APPEAL OF PERMIT DENIAL TO THE CITY MANAGER. 403 Butler Avenue,P.O.Box 2749,Tybee Island,Georgia 31328-2749 (912)786-4573,ext.5031 or 5071 FAX(912)786-9539 www.cityoftybee.org Page 1 of 7 1212612013 AFFIDAVIT I _,acting in the capacity of name owner,agent employee,etc. on behalf of the establishment known as located at business nom ,Tybee Island,Georgia,attest to the following: street address o I have reviewed this application and all entries are correct and accurate to the best of my knowledge. o There are no omissions of fact. o There are no items located on the sidewalk where the Sidewalk Cafe or Merchandise Display is proposed that would prohibit the Planning and Zoning Manager from issuing a Sidewalk Cafe or Merchandise Display Permit. o No violation(s)of Georgia Law,Federal Law,Local Ordinance,or any Rule or Regulation of the State Revenue Commissioner, or any Rule or Regulation of the City of Tybee Island or Chatham County have been adjudicated against this business within the last 12 months preceding the date of the application,or, o The following violation(s) of Georgia Law, Federal Law, Local Ordinance, or Rule or Regulation of the State Revenue Commissioner, or Rule or Regulation of the City of Tybee Island or Chatham County have been adjudicated against this business within the 12 months preceding the date of the application: o I have read the South End Policies and Procedures and will abide by said South End Policies and Procedures at all times during the term of the Sidewalk Cafe or Merchandise Display Permit. Notarized Signature: Date: Printed Name: STATE OF GEORGIA COUNTY OF CHATHAM The foregoing instrument was acknowledged before me this day of ,20 ,by who is personally known to me or who has produced identification. Signature of Notary Public My Commission expires: Page 2 of 7 1212612013 INDEMNIFICATION AGREEMENT (RELEASE AND HOLD HARMLESS AGREEMENT) This Indemnification, Release and Hold Harmless Agreement is made this day of ,20 ,by ("APPLICANT")for the benefit of the City Tybee Island, Georgia("CITY"). When referred to herein, the CITY means the Planning and Zoning Manager, the municipality, its City Council, and each member thereof, and its officers,employees,advisory board members and representatives. WHEREAS, the APPLICANT is the owner or lessee of the property located at ,Tybee Island,Georgia; and, WHEREAS,the APPLICANT has applied for a Sidewalk Café or Merchandise Display Permit for the temporary use of the sidewalk area abutting the property described above pursuant to City Codes, ordinances, and policies and is required thereby to indemnify, defend and hold and save the CITY harmless for its use of the public right-of-way(hereinafter collectively the"PROPERTY"); and, WHEREAS,the APPLICANT is authorized to and has obtained all necessary approvals for this Agreement, NOW,THEREFORE,in consideration of the CITY allowing the APPLICANT to use the public right-of-way for its Sidewalk Cafe or Merchandise Display the APPLICANT agrees as follows: 1. The above recitals are true,and correct and are incorporated herein by reference, 2. The APPLICANT agrees to indemnify and hold and save the CITY harmless from any and all damages,loss or liability occurring by reason of any injury of any person or property which may occur as a result or consequence of the issuance of the Sidewalk Café or Merchandise Display Permit or the use of the PROPERTY by the APPLICANT or their family, officers, agents, representative,guests,employees,invitees,or persons contracting with either or any of them or occasioned by an act or omission, neglect, or wrongdoing of the APPLICANT or their family, officers, agents, representative, guests, employees, invitees, or persons contracting with either or any of them. APPLICANT will, at their own cost and expense, defend and protect the CITY against any and all such suits, claims or demands which may be claimed to have arisen as a result or consequence of or in connection with the issuance of the Sidewalk Café or Merchandise Display Permit or the use of the PROPERTY by the APPLICANT or their family, officers, agents, representative, guests, employees, invitees, or persons contracting with either or any of them or occasioned by an act or omission, neglect, or wrongdoing of the APPLICANT or their family, officers, agents, representative,guests,employees,invitees, or persons contracting with either or any of them. Notwithstanding the foregoing, this should not be construed so as to require the applicant or anyone else to indemnify the CITY for claims arising from the sole negligence of the CITY,its agents,employees,or officers. 3. The APPLICANT does hereby remise,release,satisfy,quit claim,and forever discharge the CITY from any and all actions, suits, claims or demands that they ever had, now has, or may have in the future against the CITY as a result of the granting of the Sidewalk Cafe/Merchandise Display Permit or because of the use of the PROPERTY by the APPLICANT or their family, officers,agents,representatives,guests,employees,invitees,or persons contracting with either or any of them. 4. The APPLICANT will maintain liability or other insurance as required by City codes, ordinances,and policies which shall name the CITY as an additional insured and for which the CITY will be given a current certificate. Said liability or other insurance shall provide coverage for any suit or claim arising from the issuance of the Sidewalk Café or Merchandise Display Permit or the use of the PROPERTY by the APPLICANT. 5. The terms of this Indemnification Agreement shall he binding upon and inure to the benefit of the parties and their heirs, legal representatives,successors and assigns. Notarized signature: Printed name: Date: STATE OF GEORGIA COUNTY OF CHATHAM The foregoing instrument was acknowledged before me this day of ,20 ,by who is personally known to me or who has produced identification. Signature of Notary Public My Commission expires: Page 3 of 7 12/26/2013 It ' - : SOUTH END j, POLICIES AND PROCEDURES It, L Dear Business Owner, The intent of the South End Policies and Procedures is to provide standards for sidewalks in order to enhance the quality and safety of the pedestrian experience within the South End Overlay Zone/C-1 Beach Business District while simultaneously helping to support the growth and vitality of local businesses. These goals are consistent with the vision for The Strand Downtown Historic District as outlined in the Tybee Island Comprehensive Plan, Section 1.2.11. These standards provide guidelines to ensure a smooth process for approval to display merchandise or provide an outdoor café on public property. These Policies and Procedures are administered through the Planning and Zoning Department which is available to guide the permit application process.The Tybee Island Batter Hometown Main Street Program Coordinator is also available to answer your questions. Sincerely, Planning and Zoning Manager Better-Hometown n Main Street Program Coordinator phone(912)472-5031 phone(912)472-5071 I. PURPOSE The South End Policies and Procedures are consistent with the City of Tybee Island's objectives of developing attractive pedestrian walkways and satisfying the desire of local businesses to use public space for outdoor dining or merchandise display. Permits are issued at no cost and expire December 31St of each year. It shall be unlawful for any person to place items on a right-of-way without a valid permit.These standards are subject to change at any time and without prior notice. These Policies and Procedures supersede all prior approvals for use a public right-of-way. II. CERTIFICATE OF INSURANCE A. Each business shall furnish a Certificate of Insurance evidencing commercial .eneral liabilit insurance with limits of not less than $600,000 per occurrence, $1,000,000 in the aggregate combined single limit, for bodily injury, personal injury and property damage liability. The insurance shall provide for 30-days written notice to be given to the City of Tybee Island if coverage is substantially changed,canceled or not renewed. B. The City of Tybee Island shall be named as an additional insured on a primary, noncontributory basis for any liability arising directly or indirectly from the operation of a sidewalk café or a merchandise display; and the business shall indemnify, defend and hold the City harmless from any loss that results directly or indirectly from the permit issuance or the operation of the sidewalk café or merchandise display. C. In addition, if alcoholic beverages will be served at a sidewalk café, the applicant shall provide proof of liquor liability insurance for the sidewalk café with limits of not less than$1,000,000 in such type as shall be acceptable to the City. D. The business shall maintain the insurance coverage required under this section during the permit period. Failure of the business to maintain the insurance required by this section shall result in the immediate revocation of the sidewalk permit. III. APPLICATION FOR TEMPORARY USE OF THE PUBLIC SIDEWALK A business seeking to use a sidewalk shall provide annually an Application, Affidavit, Indemnification Agreement, Certificate(s) of Insurance, and a Site Plan. The applicant as listed on the application will thereafter be the city's contact concerning the temporary use. Sidewalk permits are not transferable in the event of a change in ownership or management.The Site Plan shall be to scale with measurements of the sidewalk area to be used and shall include all items to be placed on or within the sidewalk area. The sidewalk use must not interfere with the use of the right-of-way by adjoining property owners/tenants, In the event an application is not approved,a business is encouraged to work with staff to revise the application and/or provide the required documents to arrive at a submittal that complies with the Policies and Procedures and all applicable codes. A. Space and Sidewalk Elements 1. Sidewalk cafés and merchandise displays are intended for sidewalks with a width of 10-feet or more from the property line to the curb, however, use of a narrower sidewalk may be considered. The sidewalk area shall be considered an extension of the business and must be located directly in front of the business. Permission of an adjacent property owner will not be allowed as an exception to this requirement. Page 4 of 7 12/26/2013 2. The area to be used may extend from the building toward the curb. A minimum clear pedestrian path of 4-feet is required at all times. In areas of high pedestrian traffic or in conditions that necessitate additional clearance, a path greater than 4-feet may be required. The path shall be free of trees, parking meters, utility poles, signage, or other obstructions. All activities by patrons and employees (i.e. serving, sitting, dining, shopping, etc.) shall not encroach into the required 4-foot pedestrian path at any time. 3. Where a sidewalk café or merchandise display is located at a street intersection, alley, or driveway, the vision clearance requirements of Section 3-050 shall apply. 4. Compliance with ADA provisions as outlined in O.C.G.A.Title 30 Accessibility Code is required at all times. 5. Tables,chairs,benches,café barricades,umbrellas,awnings,display racks,signage,and any other object of a sidewalk area shall be of quality materials and workmanship to ensure the safety of users. Objects may not impinge on entrances or exits, loading zones, city benches, city trash cans, etc. The appropriate density of items will be affected by the specific conditions of the location. Items should be kept to a minimum so as not to cause crowding or a nuisance. Items shall be placed only as shown on the approved site plan. 6. Outdoor heaters may be utilized when in compliance with the guidelines of the Amendments to the International Fire Code,as adapted for the State of Georgia.The location of an outdoor heater must be shown on the site plan. 7. A sidewalk element shall not be permanently attached to the sidewalk. 8. The business shall be responsible for the restoration of the sidewalk if any damage occurs. 9. Sidewalk elements shall be stacked/set aside immediately upon ceasing daily operation and must be secured in such a manner as to prevent their use.Businesses are strongly encouraged to store sidewalk elements indoors. 10. Only establishments with an Occupational Tax License Code of Restaurant may operate a sidewalk cafe. 11. The Planning and Zoning Manager may place additional conditions upon the issuance of a permit in order to ensure the protection of the public walkways and the rights of adjoining property owners and the health, safety and general welfare of the public. 12. Use of the right-of-way may be temporarily suspended, without prior notice or hearing, at the discretion of the city when there is reasonable cause that the use may interfere with public safety, special events, street improvement or construction activities,cleaning,or other activities affecting the health,welfare or safety of the public. 13. A permit is non-permanent in nature and the applicant shall have neither property interest in, nor any entitlement to, the granting or continuation of any such permit. 14. Lighting may be utilized if approved by the Planning and Zoning Manager. Lighting shall complement the building and sidewalk area and shall not cause a glare to passing pedestrians or vehicles. All lighting must be turtle-friendly as required by the Land Development Code.An electrical permit is required for the installation of lighting. B. Overhead Structures 1. Umbrellas ,. . .. • -- ... .... . , may be utilized if approved by the Planning and Zoning Manager. They shall not interfere with trees. They shall have no support posts attached to the right-of-way. The bottom of an open umbrella shall be a minimum of 7-feet above the sidewalk. 2. The bottom of an open awning or canopy shall be a minimum of 10-feet above the sidewalk. a. On Butler Avenue,an An awning or canopy not exceeding 24 inches extending a required 48-inches from the wall of the structure may be utilized if approved by the Planning and Zoning Manager. b. On Tybrisa and Strand, an awning or canopy extending a required 72-inches from the wall of the structure may be utilized if approved by the Planning and Zoning Manager. 3. . ... . • . , . . . An executed Revocable License is required from the property owner for each awning or canopy. A building permit is then required for installation. An awning or canopy shall have a rigid framework capable of withstanding 130 mile per hour 3-second wind gusts with a non-combustible covering that meets fire propagation performance of NFPA 701 or has a flame spread index not greater than 25 when tested in accordance with ASTM E84. _ .. . ! ! and consideration at a Public Hearing at any regular meeting of the Mayor and City Council. The fee for such hearing shall be $100. If the awning or canopy is approved the applicant shall obtain a permit prior to-any work. An executed Revocable License is required from the property owner for each awning or canopy. C. Sidewalk Signage Permissible signage includes one sandwich board per business not to exceed 3-feet by 5-feet on the sidewalk immediately in front of the business. See Section 4-050(0). The sign may be displayed during business hours only. The sign must also be removed during inclement weather and any time the city requests removal.The sign shall be located as close as possible to either the curb or the building so it does not block the required 4-foot minimum pedestrian path. Signage must not be attached to a utility post or a tree.No benches or café barricades with advertising are allowed. Signage must be included on the site plan depicting all other sidewalk objects. Cafés are encouraged to post"For Customer Use Only"notices at seating areas if that is the policy of the business. Page 5 of 7 12/2612013 D. Vending Machines There shall be one vending machine allowed where a business has at least 90-feet of building frontage and is located on a sidewalk that is at least 10-feet wide. A vending machine shall be complementary to the surrounding streetscape. A request for a vending machine must be included on the site plan depicting all other sidewalk elements. IV. USE AND OPERATION A. Sale transactions shall not occur on sidewalks.All sales must occur in the building of the business. B. Outside cooking is prohibited. C. Alcoholic beverages may not be stored or mixed within the sidewalk area. Equipment necessary for the dispensing of any other item shall be shown as a sidewalk element on the proposed site plan. D. Permit holders are prohibited from providing amplified music, whether live or recorded. No speakers, microphones, televisions,or other audio or video devices shall be allowed. Special consideration on a case by case basis may be given for special events or holidays. E. The business must provide supervision of the sidewalk area to ensure the proper conduct of patrons and that the area is in compliance with these Policies and Procedures at all times. F. The areas within and surrounding a sidewalk café or merchandise display shall be kept clean and sanitary.The area shall be policed routinely to ensure immediate removal of all litter,food,etc. Daily cleaning is required in order to be welcoming to pedestrians. The permit holder shall not wash garbage cans or any other container, or other property of any nature, on the sidewalk.All cleaning must be performed in accordance with federal,state and local regulations. V. ENFORCEMENT The Planning and Zoning Manager and/or the City Marshal will investigate any complaint and will intermittently inspect sidewalk cafes and merchandise displays after permits have been issued. Any violation of the Policies and Procedures, or any deviation from the approved site plan or any willful omission on the application will result in revocation of the permit and/or a citation being issued.Each day a violation continues shall be deemed a separate and distinct offense. A fine shall be in addition to any expenses incurred for restoration or repair of the right-of-way,which shall be the responsibility of the applicant. The issuance of a sidewalk cafe/merchandise display permit is a revocable license granted by the City of Tybee Island. VI. APPEAL A. Any person aggrieved by any action of the Planning and Zoning Manager under this policy may appeal the decision to the City Manager by setting forth the facts and circumstances regarding the appealed action.The City Manager shall notify the applicant,in writing,of the time and place set forth for a hearing on the appeal request.The right to appeal the action of the Planning and Zoning Manager shall terminate upon the expiration of 15 business days following the date written notification was provided by the Planning and Zoning Manager. C. The hearing on the appeal request shall be held within 20 business days of the City Manager's receipt of the appeal request. D. The hearing shall be presided over by the City Manager.A decision regarding said appeal shall then be issued no later than 10 business days following said hearing.The decision of the City Manager shall be final. TRASH COLLECTION Roll-out carts are prohibited on Tybrisa Street, from Strand at the south end of the 14th Street Parking Lot (1510 Strand; Marine Science Center)to Izlar Avenue,and from Butler Avenue at the north side of 17th Street to 1511 Butler Avenue(Sunrise Restaurant). The areas listed above shall be served by compactor units provided by the City. The compactors are located at 13 Atlantic Avenue behind 16 Tybrisa(Sea&Breeze Hotel)and at 1604 Lovell Avenue behind 1603 Inlet Avenue(Chu's Convenience Mart#102). The owners and/or occupants of all properties served by compactor units shall pay a commercial waste collection fee and commercial waste disposal fee for compactor service at the rate per cubic yard specified on the fee schedule on file with the City Clerk.The fee for compactor use originated from roll-out cart usage prior to the installation of compactor units. A business may choose to obtain a private dumpster to be located wholly on private property instead of using a compactor unit. The dumpster must be properly screened in accordance with Sec.22-192(b)(2)of the Municipal Code of the City of Tybee Island. At any time the City may expand the designated areas where roll-out carts are prohibited. An amendment to require additional businesses to participate will be based on the capacity of the compactors and/or the addition of compactors within the South End. City-provided trash cans located on the sidewalks are for use by pedestrians only. Businesses must not use the trash cans. Business trash is to be placed in a compactor,not a city trash can. Page 6 of 7 12/2612013 The following materials shall not be deposited in compactors: appliances or other heavy metal objects; steel drums;furniture,bed springs and mattresses;tires;wooden crates;construction and demolition debris; trees,limbs,leaves,and other vegetation;hazardous materials including paint and chemicals,and dead animals. Page 7 of 7 1212612013