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HomeMy Public PortalAbout20140213CityCouncilPacket Table of Contents 000_000_20140213Agenda 1 040_010_20140123citycouncilminutes 3 040_011_Attachments to minutes 12 050_010_2014 Main Street Board of Directors Letter of Interest 15 080_010_Mardi Gras 2014_CCAR 16 MG 2014 special event app for agenda 16 siteplan 27 080_011_per Sec 1-6_Mardi Gras 2014 31 080_020_Docu ment 32 090_010_Agenda Request - EPD CO 35 090_011_corrective action - February 2014 36 090_012_WQ- City of Tybee Island CO- February revision (3) 37 110_000_2014 Agenda Request Private Parking Lots 48 110_010_Variance 13 TS Chu Ogletree lof2 59 U ntitled_20140204_141511_001 59 U ntitled 20140204 141511 002 76 110_011_Variance 13 TS Chu Ogletree 2of2 79 110_020_16-2014 Sec 9-050 copper wire 83 110_030_17-2014 Sec 3-060 B&B regulations 88 110_040_12-2014 Sec 3-160 buffering 94 110_050_18-2014 Art 3 General Provisions 100 110_060_Minutes_PC_20140121 113 120_010_20-2014 Sec 58-179 private parking lot fees 130 120_020_01-2014 Art 8 freeboard 135 U ntitled_20140205_132147_001 135 U nt itl ed_20140205_132147_002 153 U ntitled_20140205_132147_003 170 U nt it l ed_20140205_132147_004 186 U ntitled 20140205 132147 005 202 130_010_Nomination District 12 203 AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL FEBRUARY 13, 2014 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: Jan LeViner Pledge of Allegiance IV. Consideration of the approval of the minutes of the regular meetings of the Tybee Island City Council 1 January 23, 2014, City Council Minutes V. Consideration of Boards, Commissions and Committee Appointments 1 Brenda Marion, Main Street Board of Directors, Re-appointment VI. Reports of Staff, Boards, Standing Committees and/or Invited Guest Limit reports to 10 minutes. 1 Jim Kluttz, Polar Plunge, Future Events and Introduction of Melissa Turner, Exec Director, FOTT VII. *Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes. VIII. Consideration Local Requests &Applications-Funding, Special Events, Alcohol License 1 Tybee Island Mardi Gras (March 1): 12PM — 11PM (Tybrisa St., Roundabout, portion of 16th Street parking lot): Parade at 2PM (4th St— Butler—Tybrisa — Strand) South End Association of Bars and Restaurants 2 Alcohol License Request—Special Event— Beer/Wine —SEABAR, Tybee Island Mardi Gras, March 1, 2014 IX. Consideration of Bids, Contracts, Agreements and Expenditures 1 EPD Consent Order (CO) and City of Tybee Water and Sewer Department Corrective Action Plan (CAP) — Attached is a stream lined version of the CO that the EPD staff has agreed with city staff to approve. The Infrastructure Committee recommended approval of the first longer draft version on 1/9/14 (3-0). This current revision of the CO and CAP provides more clarity of what is required in the CO and CAP for the both EPD and city staff. Account Number: 505-4310-52-3600 (Sewer Administration Dues and Fees) X. Consideration of Approval of Consent Agenda XI. Public Hearings 1 Annual Review of Private Parking Businesses a) Sunrise Parking — 1511 Butler Avenue b) Ocean Plaza/Resort Inn — 1401 Strand c) Renee Bridges— 1001 Butler Avenue d) Bramble Family— 215 Lovell e) Joyce Prescott— 214 Second Avenue f) Jack Rosenberg — 203 Fourteenth Street 2 Variance— 13 T.S. Chu Terr.; PIN 4-0009-04-006; Zone C-1; Roy Ogletree, petitioner; consideration of height variance request 3 Text Amendment—Section 9-050(B) —Technical Codes Adopted, copper wire; consideration of change to copper wiring requirement 20140213CityCouncilPacket Page 1 of 203 20140206/jrl 4 Text Amendment— Section 3-060 — Bed & Breakfast (Residential); consideration of amendment to requirements for bed & breakfasts 5 Text Amendment—Section 3-106 — Protective Screening of Adjacent Property; consideration of amendment to buffering requirements 6 Consider possible changes to the following section of Article 3: a) Text Amendment— Section 3-020 —Continuance of Non-confirming Uses/Structures b) Text Amendment—Section 3-030 — Reduction in Lot Area c) Text Amendment—Section 3-040 —Substandard Lots of Record d) Text Amendment—Section 3-090 —Schedule of Development Regulations e) Text Amendment—Section 3-110 —Single-family Residential Standards/Manufactured Home Standards/Recreational Vehicle Standards f) Text Amendment—Section 3-120 —Access to Public Street Required g) Text Amendment—Section 3-130 — Structures to be Moved h) Text Amendment—Section 3-140 — Unsafe Structures i) Text Amendment—Section 3-150 — Prohibited Uses in Residential Districts j) Text Amendment—Section 3-165 —Greenspace k) Text Amendment—Section 3-170 — Home Occupations and Home Business Offices I) Text Amendment—Section 3-109 —Swimming Pool Requirements and Placement m) Text Amendment—Section 3-230 —Turtle Nesting Protection n) Text Amendment—Section 3-240 —Wetlands Protection 7 Adopt Zoning Map advertised for a public hearing but no action to be taken 8 Planning Commission Minutes, January 21, 2014 XII. Consideration of Ordinances, Resolutions 1 First Reading, 20-2014, Municipal Code Section 58-179, Regulatory Fees; Schedule; City of Tybee Island petitioner; consideration of amendment to private parking lot fees. 2 Second Reading, 01-2014, Article 8, Flood Damage Prevention; City of Tybee Island, petitioner; consideration of increased freeboard requirements XIII. Council, Officials and City Attorney Considerations &Comments 1 Jason Buelterman a) Nomination of Wanda Doyle, Mayor pro-tern to Third Vice President, District 12, GMA 2 Bubba Hughes a) Residential Driveways, Sec 3-080, Policy on staff water testing XIV. Executive Session 1 Discuss litigation, personnel, and real estate acquisition XV. Possible vote on litigation, personnel and real estate acquisition discussed in executive session. XVI. 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.cityoftybee.org. I 41 THE VISION OF THE CITY OF TYBEE ISLAND "is to make Tybee Island the premier beach community in which to live, work,and play." I 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,andj partnership with our community to ensure economic opportunity,a vibrant quality of life,and a thriving future." 20140213CityCouncilPacket Page 2 of 203 20140206/jrl City Council Minutes 20140123 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on January 23, 2014. Those present were Mayor pro tern Wanda Doyle, Paul Wolff, Monty Parks, Rob Callahan, 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 Buelterman listed the following items on the consent agenda: • Beach Task Force o Sam Adams o Kathy Sakas • Bicycle/Pedestrian Membership o Sunni Brown — chair o Bill Garbett — council member o Paul Wolff— council member o Sharon Shaver o Joe Wilson — DPW o Bruce Saunders — Tybee Island Police Department o Michael Bodine — IT o Chantel Morton — Tybee Main Street o Gina Casagrande — YMCA o Diane Schleicher — city manager o Tim O'Neil — Tim's Bicycle and Beach Gear o Vicki Worden — resident o John R. Bennett — Savannah Bicycle Campaign • Tybee Island Main Street Board, Vicky Smith Hammons • City Council Minutes, January 9, 2014 • Alcohol License Request — Special Event-Beer Wine; Tybee SEABAR Inc., Tybee Island Mardi Gras: March 1, 2014 • Special Event Consideration. Trybee Island Sprint Triathlon (June 8, 2014 @ 7AM): North Strand parking lot, beach area, bike route. Coast Endurance LLC. DISCUSSION: Crisp McDonald approached mayor and council to clarify the bicycle portion of this event as Mr. Parks expressed concerns regarding Lazaretto Bridge. He explained that officers with be stationed at each end of the bridge to preclude any problems. Mr. McDonald stated the bridge will have a "soft" closing for approximately 60 minutes. Mayor Buelterman thanked Mr. McDonald for all his efforts associated with this event. • 2014 Georgia Main Street Program: Memorandum of Understanding. 20140213CityCouncilPacket Page 3 of 203 20140206/jrl • Georgia Power Agreement: This will add a LED security light near the intersection of 4th and Lovell Avenue (near the tennis courts). Payment for this additional light can be handled with an upfront payment of $448 and low monthly costs $21.11 or pay a higher monthly cost of $27.00 without the upfront payment. Both proposals are attached. Budget Line Item: 100-6210-53-1230. Discussion: Ms. Schleicher stated that it is her preference to pay monthly as there is a maintenance agreement attached to the lease. Mayor Buelterman recommended that this be approved on consent contingent on staff's recommendation. • Transfer $75,000 in Capital Line Item 505-4310-54-1402 Capital Buildings to Capital Line Item 505-4310-54-2100, Machinery & Equipment. • Out of state Travel for Chris Shook to attend the 2014 ARVC "Outdoor Hospitality Conference & Expo" in Wheeling, WV, February 18 — 22, 2014. Line Item Number: 555-6180-52-3500 (budgeted with FY operation dept. budget) • Proposed Water and Sewer Rate Increase Based on the CPI — U of 1.5%. • Proposed Garbage and Recycling Rate Increase Based on the CPI — U of 1.5% • Bicycle Friendly Committee Request: Renaming committee and expanding committee goals to include pedestrian safety recommendation: "Bicycle/ Pedestrian Friendly Committee" 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: Sister Barbara Shimkus, St Michael's • Pledge of Allegiance Recognitions and Proclamations • Memorial for 2013 o Evelyn Stevens o Stan Hedgecorth o Mamie Lou Bazemore Smith o Terrance Clayton Moncayo Barham o Diane Sikes o Thomas Carson Latzak o Ann B. Knipe o Mary Catherine McCarthy o Robert Shroyer o Bruce Allen Katen 20140213CityCouncilPacket Page 4 of 203 20140206/jrl o Benjamin Riley o Ernest C. Hosti o James H. Cartee, Jr. o Helen Lorraine Breazel o Sarah Eloise Nesbitt o William Daniel Turner o Melenses Ann Platke Rawsthorne o Travis Wilburn Brackeen o Lillian Healey Rudon o Betty Baber o Corinne Brady Owen o Michael Sullivan o Jean Ann Heffernan o Margaret Jones Palmer o Jeanne Marie Love o Rodney Lowery o Georgia Chafin Griesbach o Charles Danny Cason o Terese Ann Erdelen o Judge John Andre, Jr. o Helen Murphy Balcom o Richard Lathrop o Vickie Lang o Michael James Sedgwick Mayor Buelterman asked Berta Adams, Beach Task Force, to come forward to be recognized as she is retiring from the Task Force. He explained that she has not only served in a leadership capacity for twenty —nine years but also to lobby the State for funding for beach re-nourishments. Former Mayor Walter Parker approached the podium as well to express his gratitude for all her efforts during his tenure as mayor. Mayor Buelterman presented Ms. Adams with a Certificate of Appreciation as well as the Key to the City. Ms. Adams thanked Mayors Buelterman and Parker for their kind words. Mayor Buelterman asked Jan Fox to come forward to be recognized as the outgoing council member, 2012 - 2013. Mayor Buelterman thanked Ms. Fox for serving as a council member and for all her work with the proposed Tybee Island Public Safety Building. He also expressed his gratitude with working with the budget cycle for the City. He then presented Ms. Fox with a plaque and a City watch. Ms. Fox thanked 20140213CityCouncilPacket Page 5 of 203 20140206/jrl mayor and council for the recognition. Ms. Doyle thanked Ms. Fox participation in working with the Public Safety Committee on the proposed Tybee Island Public Safety Building. Arbor Day Proclamation. Barry Brown made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. Report of Staff, Boards, Standing Committees and/or Invited Guests Janice Elliott approached mayor and council to report on the recent Employee Appreciation Dinner that was held on January 11, 2014. She publically thanked the Sons of the American Legion, Post 154, for all their assistance in cooking and serving the meal as well as Mike Hosti, Tybee Market, for his help. Ms. Elliott also thanked the businesses on the Island for their donations with door prizes. She then read the employees that were recognized at the dinner for their years of service to the City and announced the Employee of the Year, Rosie Ferris, River's End Campground. Ms. Elliott also thanked all the employees of the City for their hard work. Mayor and council thanked Ms. Elliott for all her hard work associated with this event. Mayor Buelterman stated that the Quarterly Reports for the following departments are included in the packet before mayor and council this evening: o Tybee Island Fire Department, Ocean Rescue and TEMA o Tybee Island Police Department o Water & Sewer Department o River's End Campground Frank Kelly approached mayor and council to speak on the items on the agenda regarding parking. He is in favor of the new equipment and would ask mayor and council to look at long term alternatives as parking rates could be reduced during "off- times". This would include variable rates to include public transportation from mid Island to the south-end near the pier. Mr. Kelly then discussed the Income by Month, Pay Display spreadsheet (attached). He would also recommend that a pay and display be moved to Jaycee Park rather than installing an honor box. This money would be earmarked to purchase better equipment which will give more flexibility to the parking situation on the Island. Mayor Buelterman thanked Mr. Kelly for his recommendations regarding parking on the Island. 20140213CityCouncilPacket Page 6 of 203 20140206/jrl Consideration Local Requests and Applications — Funding, Special Events, Alcohol License Tybee Island Irish Heritage Celebration Parade (March 15, 2014): 3:00PM; Memorial Park — Butler — Tybrisa — Strand. Tybee Irish Heritage Committee. Ms. Doyle asked Ms. Schleicher for clarification regarding the port-o-potties on the south-end. Ms. Schleicher responded that a name of a company has been provided to the committee so they can coordinate the facilities. Paul Wolff made a motion to approve. Barry Brown seconded. Vote was unanimous 5-0. Wanda Doyle recused. Consideration of Bids, Contracts, Agreements and Expenditures Proposal from Olsen and Associates to provide technical assistance for permitting the removal of the derelict structures. Time and material billing is not to exceed $10,000. The Beach Task Force Committee recommended this. Budget Line Item: 6125-53-1235 (Beach Operations and Maintenance). Discussion: Mayor Buelterman stated that this item is being deferred at this time until the Beach Task Force can meet with Mr. Olsen to come up with an alternative plan. Ms. Schleicher confirmed as the RFP came in with high costs for the removal of these derelict structures. Mayor and council confirmed. No action taken. Change rate for all parking meters from 14th Street South from $1.50/hour to $2.00/hour. The meters in the 14th Street and 16th Street parking lots are already set at $2.00/hour. This is a recommendation by the parking committee to encourage parking in the center of the Island which would be still set at $1.50/hour. Cost for reprogramming the meters to $2.00/hour is $1,300. Budget Line Item: 100-7564-52-2200. Mr. Garbett explained that the proposal as it stands would be to raise the rates on the south-end as this area has the highest demand for parking. This increase would encourage beach goers to find parking in mid Island rather than beach front where there is a lessor demand. He further stated that all revenues would be used to improve equipment as well as benefit the City. Ms. Doyle stated she disagrees with Mr. Kelly regarding changing the parking rates. She stated that with the success of the Parking Department, parking is now consistent on the Island and beach goers know what to expect regarding parking. Ms. Doyle further suggested that the existing shuttle companies on the Island could transport beach goers from outlying areas to the beach. She would encourage the shuttle businesses to work with the Parking Committee in this manner. Mayor Buelterman stated his concerns with beach goers parking in the residential areas as opposed to the business district due to the increase in parking fees if they continue to increase. The small increase attached to this agenda item he feels will not cause an issue but if fees continue to increase there will be issues. Mayor Buelterman asked Ms. 20140213CityCouncilPacket Page 7 of 203 20140206/jrl Schleicher if the business district is aware of the increase. Ms. Schleicher stated no. Denise Dubuque, Parking Services, approached mayor and council to answer any questions. Ms. Dubuque stated this increase would have generated approximately $35,000 just for the month of July 2013. Mr. Brown would recommend that all meters east of Butler Avenue be raised to $2.00 per hour as these are prime parking locations. Mayor Buelterman recommended that Ms. Dubuque give the information presented to Ms. Schleicher and in turn she will send to mayor and council via email. Paul Wolff made a motion to approve. Barry Brown seconded. Vote was unanimous 6-0. Install 30-space "Honor Box" at Jaycee parking lot. Revenue line item would be created to subsidize site improvement expenses at the Guard House and park (line item 100-4210-52-2201). Signage would identify the parking rate of $1.50/hour, 8AM-8PM, 7 days/week based on an honor system. Revenue projected at approximately $2,000 annually. Mr. Garbett stated that this is the honor box that was located at the courthouse and used for court sessions. The committee has expressed concerns that there are organized team events at the Guard House and park locations and this would suggest the teams pay for parking. He reminded mayor and council that this is an honor box and might generate a small amount of revenue. Mayor Buelterman expressed his views on the parking meters at Memorial Park as participants are expected to pay for parking. This would also include family reunions that are utilizing the pavilion. He would rather have the honor box than the pay to park at any of the City's parks. Ms. Doyle would agree as the parks are "playing parks" and would support this agenda items only if pertains to honor boxes as opposed to meters for the parks. Wanda Doyle made a motion to approve. Paul Wolff seconded. Discussion: Ms. Schleicher stated that the revenue from the honor box would be used for the Jaycee Park and if this system works it could be implemented in Memorial Park. Ms. Doyle recommended that a sign be attached to the honor box to indicate that funds would go to the improvement of the park. Ms. Schleicher confirmed. Mr. Parks expressed his concerns regarding the improvement of the playground and would ask that repairs not be delayed until funds are accumulated but rather move forward and use monies from the general fund. Vote was unanimous 6-0. Raise the Annual Fire Protection Subscription in unincorporated Tybee Island from $100 to $101.50/year to reflect to 1.5% CPI-U index per Code Section 26-41(a). Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous 5-0. Barry Brown recused. 20140213CityCouncilPacket Page 8 of 203 20140206/jrl Paul Wolff made a motion to approve the consent agenda. Wanda Doyle seconded. Vote was unanimous 6-0. Consideration of Ordinances and Resolutions Second Reading, 02-2014, Sec 9-050, Technical Codes. Mr. Brown asked Mr. Hughes for clarification. Mr. Hughes stated that this agenda item is to include the Georgia Amendment from the Department of Community Affairs to all the Standard Codes which are incorporated in the Code for Tybee Island by reference. Wanda Doyle made a motion to approve. Rob Callahan seconded. Vote was unanimous 6-0. Council, Officials and City Attorney Considerations and Comments Mayor Buelterman recommended that the Tybee Island Police Department and YMCA conduct a workshop on child safety. This is due to parents on the Island expressing concerns as there are individuals that visit the Island that may not have good intentions and children need to be educated so they can be aware of potential dangerous individuals. Ms. Schleicher stated that the Tybee Island Police Department and YMCA are currently undertaking this endeavor and are open to any and all recommendations from mayor and council. Mr. Garbett asked if this could be combined with the Neighborhood Watch Meeting. Mayor Buelterman confirmed and would suggest the meeting be on the south end of the Island. Mayor Buelterman expressed his concerns regarding summer staffing levels for Tybee Island Police Department. He stated that it is his understanding that there is a recommendation to hire two full time beach patrol officers for the upcoming season. Ms. Doyle stated that Ms. Hudson, Finance Director, will look at staffing as the police department does have funds that could be used for these full time officers. She explained that if the City is to move forward with the Tybee Island Police State Certification we cannot have part-time officers as they are a liability due to training and standards. Ms. Schleicher explained that Chief Bryson is of the opinion that if the City were to hire two full time beach patrol officers there would be no need for them to have a police car as they would have a beach mule to patrol. The Public Safety Committee would recommend reviewing the actual costs to add the two full time officers and then proceed to looking at state certification. Mr. Wolff asked Ms. Doyle if these two officers would be full time seasonal employees. Ms. Doyle stated these officers would be full time officers year round. Ms. Schleicher confirmed as they could also be used a bicycle patrol officers. There was a short discussion regarding part time officers from other municipalities or jurisdictions and their pitfalls as they do not always report to work. Mayor Buelterman asked Ms. Schleicher is there is a financial impact to the City for using officers from other municipalities or jurisdictions. Ms. Schleicher 20140213CityCouncilPacket Page 9 of 203 20140206/jrl confirmed as GIRMA rates have increased. She further explained that with State Certification there is a standard and in using outside officers it is harder to apply a higher set of standards than what they might adhere to. This would include testing and training that the City of Tybee Island requires. Ms. Schleicher stated that the reason Tybee Island Police Department has not been able to become certified is the change in the part time requirement and the 911 system. The latter will be addressed with the new Public Safety Building. Ms. Doyle assured that the Public Safety Committee will bring back a recommendation to mayor and council which would best fit the City. Mr. Wolff agreed with Ms. Doyle's recommendation. Wanda Doyle gave a presentation on an Update on Tybee Island Public Safety Building. During the presentation she outlined meetings with Greenline Architecture and Elkins Construction, the Construction Manager at Risk and the budget (attached). Ms. Doyle explained the increase in the budget is due to such items as improvement of the property prior to construction, testing and cabling. These extra items are outlined in the documents attached. The Guaranteed Maximum Price of $3,081,247 was approved by mayor and council on December 19, 2013. The Public Safety Committee is moving forward as the first permit was pulled on December 18, 2013 for site work and the construction manager is working with Joe Wilson, DPW, to have the silt fencing installed on site. The plans have been redrawn and are currently at Chatham County for review and approval. Ms. Doyle would ask that mayor and council and the Public Safety Committee work as a team to produce a building that our community, the City of Tybee Island, will be proud of. Mayor Buelterman thanked Ms. Doyle for her presentation and would encourage the community to attend the Public Safety Committee meetings which are held the fourth Thursday of every month at 5:00PM. Monty Parks stated that he has three projects that he is undertaking due to comments while working with the citizens during the campaigning period: o Volunteer Recognition o Signs vs. art for business o Beach funding Mr. Parks explained that he would like to work with the staff and community to develop the first steps of a program for Tybee Island volunteer recognition. This would include an inventory of how many volunteers are involved with the City and solicit feedback from the committee members and report back to mayor and council which will be a beginning toward a volunteer recognition program. He then touched on his next project, signs vs. art business, as he would like to work with the city attorney and staff on Sec 6-080 (E), Wall Signs. This would loosen the restrictions on businesses and still enhance the Island's appearance. The final topic, beach funding, would be to 20140213CityCouncilPacket Page 10 of 203 20140206/jrl document existing sources, percentage of funding from each source and finally the expenses associated with beach re-nourishment. Mayor Buelterman thanked Mr. Parks for his projects. Paul Wolff, Beach Task Force Resolution, explained that the Tybee Island Beach Task Force is recommending that mayor and council develop a Long Range Beach Management Strategy. Mr. Wolff has invited the Task Force to attend the upcoming workshop and would recommend a combined workshop between mayor and council and the Tybee Island Beach Task Force. He then read the Resolution which is a part of the packet before mayor and council. Ms. Doyle stated she attended the recent Beach Task Force and would commend Mr. Ferrelle for his efforts regarding this Resolution and goals for the future. Mayor Buelterman stated that Governor Deal did not include the half of funds in his budget the City had requested as this an item that is typically left for the legislative branch to add. He further stated that the City has the support of our entire delegation to get this added to the budget. Mayor Buelterman agreed to have the Beach Task Force attend the upcoming city council workshop on February 15, 2014 and to also schedule a combined workshop to discuss the Long Range Beach Management Strategy document. Bill Garbett gave a report on his recent conference in Hilton Head regarding South Island Public Service District's Cretaceous Aquifer Well and Desalinations Plant. He outlined Hilton Head's progress with desalination and does not feel it is a good fit for Tybee Island at this point and good to know the process. Mayor Buelterman thanked Mr. Garbett and Mr. Wolff for their participation. City Managers Report • Action Item List • Short Term Work Program Wanda Doyle made a motion to adjourn to Executive Session to discuss litigation and personnel. Paul Wolff seconded. Vote was unanimous 6-0. Paul Wolff made a motion to return to regular session. Rob Callahan seconded. Vote was unanimous 6-0. Paul Wolff made a motion to adjourn. Rob Callahan seconded. Vote was unanimous 6-0. Meeting adjourned at 9:00PM 20140213CityCouncilPacket Page 11 of 203 20140206/jrl . O O in O O in Ln N O N in O 1 3. m N N d' CO d- 0 in d: d' O m . 0. 1� N e-1 LO in N N. In O1 co t0 O 00 0 1� Ln e-I r{ Ln m f� O e-I t• e-I Ln m N N m v N� O 01 N C1 •L in. in. i/). i/} in. i/) i/� i/� ri N hf N 'Z O in. in. i/. in. x r d x 2 N O Ln O O Ln 0 Ln Ln in in in in i et in N 0 O M d' h N N d' 01 .. W O 01 lfl O O O7 fV 01 O N NI tD d. 1N d d m M o O O A m M T 0N 0 d u_ ct V). to V). if)- i/} i/} ih in v? In. V). 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IA. �. 0 V 4., $ C , s c o Ln O in 0 0 0 Ln in O O O O 0 Ln m d: l0 l0 N N m N d• e-1 N vi 4) CO 00 Ln d• d• N d• d' CO 01 d' 0 L co Ln 0 C-I i./} M d• 01 0 M d' d h r-1 e-3 N 1/)- e-I in- in m t0 e-I N Nr -c c-1 T- i/} i/- i!� a-I e-1' a-1 N 4- In. t/} t/l to ih 1/)- U !i O J s d.+ 0 Ln Ln in O in Ln 0 O in 0 in vim. N O O N ri ri ei e--I m m N Ln en Q J) t M L!) 01 01 00 1� O i� Ol OO d u1 Q GJ +' CO h CO c-1 rat N in N 01 in O �y o o m in. in N e-I O N o m 01 Q 00 4.4 im/)• i ti. in. tom)- i n V C)cu d C ear > CO L_ _ a N N N a ei i N a-I e.1 m ate.+ N 0) e-1 47 w eMi ai en U C IUuI 3 2 CC .Q ? C ? _ Q cn O Z o , Li e Q - I,. 20140213CityCouncilPacket Page 12 of 203 20140206/jrl TOTAL PROJECT BUDGET Project: Tybee Island Public Safety Building Institution: City of Tybee Island Project No.: 13.013 Location: Tybee Island,Georgia Start Date: 12/23/13 Architect: Greenline Architecture Revised: 1.7.14 A.CONSTRUCTION 1. Total Construction-Hard Costs(based on 14,920 s.f.) $2,370,192 2. GC/CM Proposed Costs Preconstruction Services (Fee, Costs&Expenses)0.5-0.85% 1.5734% $44,054 GC Fee(3.5%-4.5%) 5.00% $140,000 General Conditions (8%-9.5%) 8.00% $260,479 3. Total for Construction(referred to as Stated Cost Limitation) 14.57% $2,814,725 4. Relocation &Upgrades to Existing Fuel Pumps $130,502 5. Security System-Allowance for Equipment and Wiring $136,019 Total Guaranteed Maximum Price for Construction $3,081,247 PR�•!JECT OVERSIGHT(RC!, PM,ETC.)-NOT USED C. i•I:CHITECTURAL&ENGINEERING SERVICES Design Services 1 Design Documents&Contract Administration (Basic Building Design) $156,180 Lead Architect/Architect of Record Civil Engineering Landscape Design MEP Engineering Structural Engineering 2 Assist with CM at Risk $7,000 3 Special Consultants(by Owner) AudioNisual/Security 0.00% $0 Technology/Data 0.00% $0 4 Reimbursable Expenses (Fixed Fee) $2,000 Total for A&E Services 0.00% $185,1180 D. LOOSE EQUIPMENT (estimate) 1. Fixtures, Furnishings&Equipment+ Design 0.00% $20,000 2. Total for Loose Equipment 0.00% $20,000 E.TESTING,SURVEYS, ETC-Subject to Contingency AID•,wance 1. Engineering Data, Surveys, Geotech. Testing,etc. (1%of"A4"vd a min. of$6,500 and a max.of$400,000) 2. Extra Drawings&Specifications (0.05%of A4 w/a min of$1,000 and a max of$40,000) 3. Special Inspections Testing $13,533 Total for Testing 0.00% $13,533 F.OWNER CONTINGENCY(on Items"A"through"E") 1. New Construction 2.00% $61,625 2. Design Contingency(Rounding) 0.00% $0 Total Contingency 2.00% $61,625 20140213CityCouncilPacket Page 13 of 203 20140206/jr1 G.SPECIAL COSTS-Not Subject to Contingency 1 Dispatch radio and communications $ 30,000.00 2 Asbestos Abatement&Demolition of Existing Buildings $ 32,630.00 3 Relocating power poles and Transformer by GA Power $ 24,594.00 4 Relocate AT&T Service $ 25,476.00 5 Boring and Conduit pathways for AT&T service $ 2,134.00 6 Relocate Comcast Service $ 2,000.00 7 Relocate Comcast Broadcasting Facilities $ 9,981.00 8 Parking Lot Lights-will lease from Ga Power $ - 9 Relocate CEMA Siren $ 2,000.00 10 Upgrade to Existing Site Survey $ 2,400.00 11 AV equipment&cabling Future 12 Data&Communicatin cabling $ 12,908.00 13 Relocation of Existing 911 Center(AT&T Proposal) $ 134,552.00 14 Tree Removal&Mitigation Included 15 Coastal SWCD $50 16 Commissioning (0.5%- 1.5%) 0.00% $0 Total Special Cost 0.00% $278,725 H.TOTAL PROJECT COST $3,620,310 Total SPLOST Project Budget: $3,443,867 Difference $176,443 20140213CityCouncilPacket Page 14 of 203 20140206/jrl January 27, 2014 City of Tybee Island RE: Main Street Board of Directors Opening To Whom It May Concern: I am writing to express my interest in continuing to serve on the Main Street Board of Directors. I feel that my representation of the Tybee Island Maritime Academy at the last two Main Street meetings of 2013 was beneficial to both the school and the community and I would like to continue the progress we have made. I am submitting my resume for your review. Best regards, Brenda Marion POB 526 Tybee Island, GA 31328 912-604-2284 Brenda.b.marion @gmail.com 20140213CityCouncilPacket Page 15 of 203 20140206/jrl MAYOR .'=gy' "CSi CITY MANAGER Jason Buelterman , ,' Diane Schleicher CITY COUNCIL ' '' CITY CLERK Wanda Doyle,Mayor Pro Tern f r Janet LeViner Barry Brown ' Rob Callahan CITY ATTORNEY Bill Garbett rF ` Edward M. Hughes Monty Parks 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: 2/13/14 Category: Special Event Consideration Item: TYBEE ISLAND MARDI GRAS (March 1): 12pm 11pm (Tybrisa St., Roundabout, portion of 16th St. parking lot); Parade at 2pm (4`h St. —Butler Tybrisa—Strand) Organization: South End Association of Bars and Restaurants (SEABAR) Explanation: As ilication is attached. Budget Line Item Number (if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to j leviner(a�cityoftvbee.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: Chantel Morton, Main Street Coordinator Phone /Email: 912-844-9771 /cmortonacityoftybee.org Comments: Date given to Clerk of Council 2/6/14 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.orgt��, 20140213CityCouncilPacket Page 16 of 203 20146206/jr1 MAYOR it 2 I, i is f CITY MANAGER Jason Buelterman • f',, \i/V\ Diane Schleicher CITY COUNCIL 'S �Z3 CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Si-)# Janet LeViner Barry Brown Jan Fox / �0 ly ig-0`- CITY ATTORNEY Bill Garbett °" Gp.jy„ If Edw rd M.Hughes Torn Groover CITY OF TYBEE ISLAND I 'y ' 112_2, ,o` Paul Wolff Fee'of I is-- 1 ii- SPECIAL EVENTS APPLICATION 4, -5C:f The City of Tybee Island recognizes that special events play a significant role in the life of the community. Special events enhance the community by providing recreation,cultural and educational opportunities to residents and tourists and they attribute to the economic health of the community. It is our goal to assist event organizers in planning safe and successful events that have a minimal impact in the areas surrounding the event. By keeping the public's best interest in mind,persons or organizations wishing to host a special event upon public property or private property requiring City Services,special permitting and/or vendors must first be granted approval from the City Council and/or the City Manager. The Special Event application shall be completed with all requested information completed and submitted for consideration at least sixty(60)days prior to event. Events with 75 or more people upon public property or private property requiring City Services,special permitting and/or vendor permits that are not for the non-profit organizer of the event require approval from the City of Tybee Island. No more than one event per day will be permitted due to limited infrastructure and city resources. In order to ensure a smooth review process for permission to have a Special Event,the applicant will receive direction from applicable City Departments,City Manager and Main Street Coordinator. Prior to the application being submitted for City Council consideration(if applicable),all concerns and details must be addressed, confirmed by the organizer and accepted by designated City Staff of impacted departments. Note: Applicant must meet with the Main Street Coordinator or his/her designee at time of submitting application. Additional meetings may be required. 1 ----rlao- j I4 -Today's Da#e: Application Fee Submitted: � r *A non-refundable Special Event application fee of$50 is required at time of application submittal for processing and consideration. Checks or money orders should be made payable to the City of Tybee Island. -- 1. Name of Event: 1l °�_c (' V'] AR7). 1 9 R_As 2. Date and time of event: ' o(RCh I „pa\to I.0.171VA -- IV n-, 2< lag/�I `� g'? Setup: Date/Time period �,�•� . Breakdown: Date/Time period 2/2 I'�k Crl 3. Location(s): I i _ fir- r : • 1. A ' • kV(\ t #r. _ Q T id re-(A 10 . A site plan of th- event area drawn to scale and depicting all event structures is required at time of application submittal. 'jwe- 04`4ci_c kon...e_,n.'t A-5 • A Letter of Permission(LOP)from Georgia Department of Natural Resources(http://caastalgadnr.ore/sendemail) il 11- is required for events with beach usage and/or within the Shore Protection jurisdiction(i.e. beach side 4,416i 11' parking lot areas,etc.)fifteen(15)business days prior to the event. The event is subject to cancellation without , - an LOP as noted. 4. Organization: o Commercial? on-profit/Tax Exempt?(Non Profit Status/GA Tax Exempt Certificate must be attached.) ,, \O 5. Phone number and/or website for public event information: tr +// A 7)--d, ( C CS `�'€. .Ge r'`- QV).- aa4-5-11 ► ct*-it-- If location and/or activities impact merchants and/or residents,written documentation is required as noted in Section 5. ,bV 7. Organizer/Applicant: r A A / *€ 0e t A\G Address: P(} �"`X 1 q r ' city: \ e -1-S\av C State: ��-,/4 I�, -` �J Zip: 3 A 3 Contact Phone: Ck 2Q f4 s]t I \ Email: VI_1-%. lie tiv\e 204.1,1G�o, k,CL�'�-, Organizer/Applicant listed above must be in attendance and readily available for the durati f 114 event. P.Q.Box 2749-403 Butler Avenue,Tybee Island,Georgia 31328-2749 (912)472-5071-FAX(912)786-9539 www.cityoftybee.org 20140213CityCouncilPacket Page 17 of 203 20140206/jrl 5 qlo EN 154 A ':,.- ,` 4.- : 1. Is this event... Lil`Open to the public , 0 Private Invitation only 2. Describe the event and its goals: A/1(�� 1 t`-2.D ) 5 P 4-i S\ 5 "-'t) sP` t-nv e--. f.5r 0 v,\C r AP.c'ec s-e_ 'f'i 5 i •- . ,`o in c = rt. nr e_ , 0-' --a sin' 3. Estimated number of people to attend and what this is based on: 4. Is there an admission fee for attendees? i No 0 Yes-Fee will be: A preliminary budget is due with application. (refer to Section 7: Financial) � 5. Have you ever done this event before? If yes, list dates and locations: c2too Gi a o i 11 tT \1of t ca cD\" an cL Yir,e Rou nci 4 a u,-- c -- 1/4+6 ')4 sad C 6. Describe parking arrangements during event in detail: \ E 1 ro C S t_>_):'%.11/4\ tJl,(>E'- ceOD Actc 0 loj4ec)1■ pex C0 �., e s . Please attach a drawing of parki g plan. Organizkr may 5e required to run a shuttle if a parking lot is closed for the event. /� 7. List event sponsors and marketing plan: yC Mrs{` Li�5o'Q 4)C- ;P ,NT- CdCk. i v 1 6n r 5 1 h C\uc e kbce> \ot_5;f\esSe-_s 4 e'(--- r; ),) +i-o , 8. Lis y additional conta person(s)and their phone numbers involved in the planning of this event. \C'i(C& lava, l� - 9,aq _ 5\ 1 ,� enn∎ C)�c C\ 1'- _ MKG - [a 1001 � fn 9. What plans exist for clean up and recycling?(Disposal of grease,trash,etc.) 5 t A- 1T ► o-, l\, Us e' i, Vi'N t reASI,A4 s e c cl� 11-x;r1S I E�ac o�n` �I:%sue°-t - s rcMcic 10. Please list any tertainment,bands,emcees or onsite promoters attending this event. A Describe sound equipment: q .� _ _ _ _, h , ySrCofI O REFEteR rE NC E- � ,, -'- ----. 14 ' h - ,-- i 1. Please list your previous special event and/or hosting organization's experience in producing events. 4)ee Gt-4 cd/Ione114 1 _ A 2. Please list two(2)references excluding City Officials and Staff: a. Name: t L e,1∎,(,(7) Address: f?V 'D)I.- D \(p C 1.k\oee � ✓ro t Phone: 1 1, ' 1 - ~4 . . ri∎ . —i 1 I5V b. Name: \\\ ' 1 1 aVI \rM=Y\5 �� ri Address : (� ^, " a /� Q�r� e Phone: C 1 I d,) -7(2yLp "1 {� 1 O, Page 2 of 8 City Council Approved:February 14,2013;updated September 2013 20140213CityCouncilPacket Page 18 of 203 20140206/jrl E Qi t} E RE 14.8 A!! n C�es . es d a;v d a itiona it ar atio a b Ica ._ 1. Vendors(Organizer must submit all Vendor Applications with payment no later than two[2]weeks prior to event. Chatham County Health Department must be contacted for approval of food vendors in accordance with their regulations.) 2. i] Department of Public Works(DPW) Request(s)(DPW approval required;staffing/equipment fees may apply) DPW Item Amount needed Total hours needed Traffic Cones Barricades Traffic Barrels Trash cans t Recycling containers Port-a-lets Sweeper Vac Truck Fire ant treatment Dump Truck Back-hoe List other services that are requested. Costs will be determined. ( � -4 ji+C.G 571 3. L►�Street Closures(Tybee Island Police Department[TIPD]approval required.) a. List requested streets: 5ee C2 ct IA iiYy?(A-1- A 4. 'Special parking/parking pass request(s)(Parkin Service Division a pp roval required.) ) a. Please describe: 1A'r 1a 'ii E'( 1.LE'S S 'tu0 rk i..t ppcscec T"b(a ececa> er ec\ci 5. ❑ Commercial truck parking a. Please describe: 6. Q'Police Detail(TIPD approval required;staffing/equiprrlent fees may apply) (/� a. Please describe: 5 GA �7 W'�` ice CnL�G �o +-� C (.Ui of-k ce(S (If off duty police officers are hired,organizer is responsible for contracting directly with the indi idual[sl and reC mketlAkth paying fees direct as agreed upon.) 7. ❑ Alcoholic Beverages(License Application should be submitted to the Administrative Assistant to the City Manager. Approval is required by City then State.) 8. ❑ Fire Detail/Inspection(staffing/equipment fees may apply) a. Please describe: (If off duty fire department staff/volunteers are hired,organizer is responsible for contracting directly with the individual(s)and paying fees direct as agreed upon.) 9. ❑ Fireworks(TIFD,Chatham County and U.S. Coast Guard notification/approval required. Special application from Applicant due to USCG at least 135 days prior.) 10. ❑ Additional Security a. Please describe: 11. ❑ Petting Zoo a. Please describe: Page 3 of 8 City Council Approved:February 14,2013;updated September 2013 20140213CityCouncilPacket Page 19 of 203 20140206/jrl tOyackthabbirisiieaialaaprovikte titrt ail #a'1 _. a 12. iw Parade/Procession(TIPO approval required;staffing/equipment fees may apply) a_ List requested parade staging area and route: see attached ('Parades are required to start on Saturdays no hater than 3:00pm with the exception of the Beach Bum Parade. Participants must adhere to safety guidelines) 13. 0 Amusement Rides(insurance from providing company is required no later thon two 12)weeks prior to event.) 14. 3 Temporary Structures(i.e.tents.booths,stage,etc.) ) 1r (� l a. Please describe; stage r -see attached r'1 i l; (*Structure specifications must be included with application for review by the Building Official prior to City consideration of event. Tents larger than 10'x 10'require permitting with applicable fees.) 15. J Electrica-1 needs(fees may apply a. Please describe; U-EasF-12--(!tT t5Q k ! t , i . i k ) 16. 0 Filming(Permit opplicotion should be filed with Facilities Coordinator. Approval is required.) 17. n Banner Permits(Permit application should be filed with Facilities Coordinator. ,Approval is required,) 18. I'_7 City Facility requests require separate forms and approval through the Facilities Coordinator. a. The Walter W.Parker Pier and Pavilion is managed by Chatham County Parks&Recreation. Reservations for use of this facility must go through their office. b. A Letter of Authorization from Georgia Department of Natural Resources 4http;//coastalgadnr.org/sendernail) may be necessary with beach usage and/or if the"event"impacts the Shore Protection jurisdiction(i.e.beach side parking lot areas,etc.). I _'`smolt* ADt31T'ioi! t+:I REM I A non-refundable Special Events application fee is required at time of application submittal, The application will not be processed without the application fee of$5O.QD. Checks should be made payable to the City of Tybee Island. If the applying organization is tax exempt,a GA Tax Exempt Certificate must be submitted with the application. A site plan showing the layout of the event is due with application. The site plan must include the location of every booth,ride,public facility,etc. A preliminary budget is due with application. Insurance,as indicated below,is required at least two(2)weeks prior to the Event. Failure to provide insurance will result in the cancellation of event. ..v PRIVATE PROPERTY PUBLIC PROPERTY PRIVATE Organizer is responsible to obtain Signed Indemnification INVITATION} necessary insurance as deemed Agreement required, appropriate by the property owner. Signed indemnification Agreement Signed indemnification Agreement required. required and a Organizer is responsible to obtain S1 million certificate of insurance,with the necessary insurance as deemed City of Tybee island listed as additional insured and OPEN TO appropriate by property owner. certificate holder. THE PUBLIC •If use of the Walter W.Parker Pier and Pavilion is part *if use of the Walter W.Parker Pier and Pavilion is of the event,a S1 million certificate of insurance,with part of the event,a 51 million certificate of insurance, Chatham County Parks&Recreation listed as an with Chatham County Parks&Recreation listed as an additional insured and certificate holder is required. additional insured and certificate holder is required_ The application will go through the review process again if substantial changes are made or additional needs are requested. Additional application fees will result with additional meetings. Page t of 8 ,4pprowth S wenher 201 f Updated: Ji airy 21112 20140213CityCouncilPacket Page 20 of 203 20140206/jrl SECTION 6: INDEMIFICATION AGREEMENT AND ACCEPTANCE TO ADHERE TO APPLICATION REQUIREMENTS I,individually and as the Agent representing the Event Organization,do hereby agree to indemnify and hold harmless the City of Tybee island,Georgia,its officers,agents,employees and contractors from and against any and all loss,damage,claim,demand, liability or expense by reason of any damage or injury to property or person which may be claimed to have arisen as a result of or in connection with the occupancy or use of listed event premises during the time period of said event. Such obligation to indemnify and hold harmless shall continue notwithstanding any negligence or comparative negligence on the part of the City relating to such loss or damage,except for loss or damage arising from the sole negligence or willful misconduct or gross negligence of the city,and shall include all costs,expenses and liabilities incurred by the City in connection with any such claim, suit,action or cause of action,including the investigation thereof and the defense of any action or proceeding brought thereon and any other judgment or decree which may be entered in any such action or proceeding or as a result thereof. These provisions shall survive the expiration or earlier ter ' _ : of the us- of pr- 'h.es. Nothing in this Agreement shall be construed to affect in any way the City's rights,privileges, a r d immun t'es as - orth in 4e. gia Statutes and/or the Constitution of the State of Georgia. Organizer/Applicant's Signature: _; •, ,� ,rf e J.. L Date: ►1£2- �bcr t 9413 F INTERNAL USE BELOW, Staff signatures for City Departments listed below indicate the event application has been reviewed and department needs are accepted as requested. All signatures are required prior to application being submitted for City Council consideration. r Event application review with organizer and staff with impacted department(s): ✓,"4 CI A p i )44, Follow up meeting )as noted V �I Ui1Ali iiifl �Q: s 1 N �/i,d -rt . / -y � «_-__L _5,,,_ ems CL:,111\L{3ks ;v�City Manager and/or Designee Date Finance Director and/or Desig ee Da Xtt)li e ('� ekec. mAr j 54rlagt ++n;-r; -6 ad , '"1j p ..�) kr rXaS prrpo j©sadl 3D-(4'- =� 11t ``;,' ' G Z!�e, d - 5 /'''/ > v►o-r De Could y. Planning • 'ng ::er and/or signe- Da e Water ewe/■ ' : e, pervisor and/or Designee Date i 2- 4 iti e, , / i.,�� Z- 4 - 14 Chief of Police a , or De Da e Campground :nager and/or esignee Date Chief of Fire Department and/or resignee Date Department of Public Works Director and/or Designee Date COMMENTS: e Li � c -� � l� — I, 77=J c�c..( 7:-C.1-1 (71.1. -.' 7//,'1. ( `"-> 1,2 `�., 4 .4✓r" Z DATE APPROVED BY CITY COUNCIL: '' ✓ / P 1e .c s(--C Q7.- ADMINISTRATIVE APPROVAL(as applicable): a ffc Main Street Coordinator: Date: City Manager:_ Date: Page 5 of 8 City Council Approved:February 14,2013;updated September 2013 20140213CityCouncilPacket Page 21 of 203 20140206/jrl AikaC\n,v'wvit- \ --At_ 2004 South Pacific Tybee Pier Production and Stage Manager 2005 Alice in Wonderland Tybee Gym Production and Stage Manager Best Little Whorehouse in Texas Tybee Pier Production and Stage Manager 2010 Wizard of Oz Tybee Gym Production and Stage Manager 2009, 2010, 2011, 2012, 2013 Tybee Wine Festival Tybee Light Station Site and Staging Manager 2009, 2010 Tybee Arts Festival Strand parking lot Site Manager 2006, 2007, 2008, 2009, 2010, 2011, 2012,2c 13 20140213CityCouncilPacket Page 22 of 203 20140206/jrl Tybee Pirate Fest Strand Parking Lot Site and Staging Manager 2009, 2010, 2011 Tybee Island Mardi Gras Strand Avenue Parking Lot Site and Staging Manager 2011, 2012, 2013,2_ t4 Polar Bear Plunge South Beach Site and Stage Manager Numerous other smaller events on this great little piece of paradise. 20140213CityCouncilPacket Page 23 of 203 20140206/jrl i 1 I I A-7-Ca------ A:CE-a WIA-Z-CA- t Sri:---1.-241{ 6 S t A Pt ce 03,1e_ C(osu.c- 4-L Q,-one_ e • _e. t _ a p b . AA.. i-e = 30 __ R �,_E,AyT1e c€ct ike S \' S 0_,1 kre___ one-\ 7 t * -- , J`# 3 c 1, roLo1.- . i-- - 0t e.'- ' . Md� f 2. c i I123 , ,� Lifve,Aco:, _ \ - 1 ; I . -c-co,__ ai — _, ; o+nA L`VVE` r c____ P` G.ccL 'e .e ( - atSonu`-- 3 e 20140213CityCouncilPacket Page 24 of 203 20140206/jr1 A - -r -.-.- ... .- Cc5'fA cad\ �‘ Y f. c t �� --� D ca sia i c ___ iss 20140213CityCouncilPacket Page 25 of 203 20140206/jr1 Chantel Morton From: Richard Adams <activeone28 @gmail.com> Sent: Monday, January 27, 2014 12:06 PM To: Chantel Morton Subject: SEABAR Amended application MARDI GRAS Tybee Island. Three merchandise tents 10x10 70food tents 10x10 €( M Two beverage tents 10x10 Stage 16x30 Yellow area south of stage on site plan reserved for bands, crew, and staging for food/beverage. Brown area north of stage on site plan generator. Requesting closer of 16th street at Sam March 1st until 11pm March 1st. Amanded site plan will follow via n. 20140213CityCouncilPacket Page 26 of 203 20140206/jr1 (1132,/71 ---8 z 1 19/112W F.,-,--7=._,,'-r\-'''.'1,..y.,._-..: : .-•.___..- = - -_-',VA •f",-,74,*4::, '-'' . . '--=';'-.711?;;:1-7--7;; ,-:;:i7i.A.:'-'.•' .':::.: r• ' ,. . - -:---,F47:-:;- ---7'. r-r---*-t.--.:---'..±:=1'.:- .='-' '--. V. 0 , - '' '. • . ''. 4,' : - ' -. -,:.; -, --4',4,, - --1 _ _ . . •. . . • .: . ..___ - _ _. _ • _ •• -- ..-. _ _.• .. - _ • _ -,-,,-- ,- • -- ,==--;;-_:‘ir-f- - :-.=.3 ;..0„-: .. _ . . .. .• _: .4.,,,,,,,7„,- -:•.:,_ .,.. : ...„;i4-i--5gii,f- *---=- -•.,=-:- - -._ ._ • '.•:. .- _Tf-e-..-4 .2 -,,,, •• . - - '• ' --4`1,!--.-.-- -- '• '-'-''.•. • • -r*.-..7i7 ._ - — , •-„,- .,_ .. ,.:., ___ •- .—, — '71 . _ _ _ - _ •_ . --- . -_ ,_ - _ _• --..- :-.,.---,.._.._ . - - - ._ -- '.04:•-•41 l'-***'•- ''.- --' -'-l'-'''''. ---,_':-•- I. , ., : '•••-' !Mee__ ---.'•,--..„':--:-., -,:,:;.-!----Cfr_71:-- -- ---•:1•1:_-_-.7„-'..:,_, .,..-. . .._ ._.% --- -- . -.. 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" jet--ar-.4 ...1. ., • - ' - 0,* Pi dig itp . . _..-... ..,1. ,.. , • , - .--- -.. ,• 0 • ., .•..-&,.: e l , --•44.--1-7 --: - ,410000w,..:. e„__,,_-, ., -•#•• .. . • .e. • *r- ,40-• _'.-- - -`'. - • -'-. . e tiT...:'-...., • WO.• -...---_,--_,,,-,7,,---__e_-- : II .... . . .. :,..... illtik. k .._ ii. , . . ..... _...„..._ . . it . , lt*,_-_,--41P - -Ar'.• ,-. ,... - -1 - • • • $,• • E • , ,..._ .. :' ''. .- ., oft „,., -,---;_-- --, r . _ • ., . . , se • --' 1. • - -- ., ,.. - e• •._ . • . r.....-- • i :•-,t-0. * 10 -•ieir' .- -s'.• •-••••• -4. • — --V.- ,• -. - 0.*.-t--. .. 7 'II - _-_,----,,t -_-_,_• ,-e,. . -,-= __ •• _-,:'--;-- • * -'1ft -- - • . - •15 • - - .„.k. . „ = -- - - lib • __ , _i____,-._, - - , , .---.7.- '-. ._.-• - - tAt f 41' a...v. _,... . : . t at . r. • :or 1 , 4 • •---it 4. _ , - • - - - - it- /.,.. ,-.4::,1 .* ,. • --- __,...=-..--_:---•_,-.--:*„,,r tkii.-------__ -• - -.,:.*- st ; .-- --_-- --, . , -.- • -- • - --,, - - - 6. 0 . .4 4 x w T Avow-- 20140213CityCouncilPacket Page 27 , . C...D fr, •}1�11'.f-.r-, lye, City of Tybee Island Community Services Contract Award� Fiscal Year 2013-14 - Jrti \o- APPLICATION FOR AWARD This form is to be completed and submitted to Finance with your budget request. Date: fii ' Organization requesting City of Tybee Island Community Services Contract Award: Name of Organization: Contact Person: Address: f' Contact Email: Contact Phone #: i / Is this organization an IRS approved 501(C) 3 Non-Profit? Yes No If"yes", please attach your most recent audited financial statement, a copy of your IRS determination letter and a copy of your current budget detailing the planned use for the awarded funds. r Amount of waivers requested: $ _ rol./ `( / Describe waivers needed and how the City and citizens of Tybee Island will benefit: " 5 What percentage of these funds will be matched by your organization? Will this event or program bring visitors to Tybee Island in off-peak season or months? `/ ( ) • fir Asr Lite . q 5,�. .A. 0' it 0/624} � P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 (912) 786-4573 —FAX (912) 786-9465 20140213CityCouncilPacket NVW.IV, cfiirVO14t:'O, r.g 20140206/j1 r-, ttt 74:2r, City of Tybee Island Community Services Contract Award Fiscal Year 2013-14 APPLICATION FOR WAIVERS tri- 3/5/2013 Lc Date. l ` Provide detail on any waivers (i.e. free or reduced parking, rent or utilities) or City services (i.e. number of hours of security, city worker clean-up, trash and/or recycle bins, building maintenance and upkeep, etc.) that you plan to request for your event(s): TITC is requesting waivers for 2013 Labor Day Beach Bash, Tybee Island Pirate Fest, New Year's Eve Fireworks, and 2014 Mardi Gras Tybee. Please see specific requests attached. Additional event details will be provided upon submission of Special Event Applications. Value of the waivers requested: $ 8,000 kb . S . Lite_ . P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 (912)786-4573—FAX(912)786-9465 /1/10,')(0 ((15 20140213CityCouncilPacket WWW.P 31801263)rg 20140206/jrl 2014 Mardi Gras Tybee Date: March 1-2, 2014 (dates subject to change) (1)\ 64j. , Location: South end ;1`L '` 1� DPW 2013 Requests 10 trash cans 5 recycle bins Traffic cones, barricades, and traffic barrels for parade Post event clean up 2014 Requests 15 additional trash cans 10 additional recycling bins On-site assistance with trash pickup Traffic cones, barricades, and traffic barrels for parade Post event clean up Parking Services 2012 Requests Street closures on Butler and Tybrisa Street 2013 Requests: Street closures on Butler and Tybrisa Street Parade route closure Tybee Police Department 2012 Expense - 2013 Requests Waiver of all on-duty police officers for the event. TITC will pay additional off-duty officers for extra coverage. Building and Zoning 2012 Expense $100 (not waived) 2013 Requests Waiver of all fees assoc aced with stage permits for Mardi Gras, including stage and tent permits. ci r � Ly be is lr�a d-4eurisrrt-Council j l eti n� 1 Community Service Contract Award Application Supplement 14d1 4 20140213CityCouncilPacket Page 30 of 203 20140206/jrl Chantel Morton From: Steve Kellam <tybeepiratefest @aol.com> Sent: Thursday, February 06, 2014 11:04 AM To: Chantel Morton Subject: Re: Reminder...Mardi Gras info needed by noon.... Chantel, We have notified everyone around the circle at Tybrisha and Strand of the layout and schedule of events for Mardi Gra including the closure of Tybrisha Street on March 1 2014. We Had nothing but support and no rejections to the plans for the event. Thanks Steve Sent from my iPhonej On Feb 6, 2014, at 8:43 AM, Chantel Morton <cmorton @cityoftybee.org>wrote: Hi Steve and Richard— Reminder that today is my deadline to submit all the necessary information for the Mardi Gras application to be considered at next Thursday's City Council meeting. As we've discussed,the one item I still need is something in writing from you that acknowledges you've notified merchants and residents in the event's location and all is okay. Please send this to me before noon today so we do not need to delay the agenda request to February 27. Thank you. Chantel Chantel R. Morton Main Street Coordinator Click here for more information about the program. P.0. Box 2749 Tybee Island,GA 31328 P:912/472-5071 C:912/844-9771 F:912/786-9539 <image001.jpg> "Tybee Island...your nostalgic paradise to live, do business and visit year-round" Sign up for monthly Tybee Island Main Street E-News <image003.gif> This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed.If you are not the named addressee you should not disseminate,distribute or copy this e-mail.Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island.The recipient should check this email and any attachments for the presence of viruses.The City of Tybee Island accepts no liability for any 1 20140213CityCouncilPacket Page 31 of 203 20140206/jrl MAYOR CITY MANAGER Jason Buelterman ,: Diane Schleicher CITY COUNCIL - i CITY CLERK Wanda Doyle,Mayor Pro Tern ( ?� Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett Monty Parks Edward M.Hughes Monty f 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 16, 2014 Item: Alcohol License Request-Special Event-Beer, Wine- Tybee Seabar Inc. - Tybee Island Mardi Gras Explanation: T bee Island Mardi Gras Dates of event: March 1,2014 Budget Line Item Number(if applicable): Paper Work: X Attached* Audio/Video Presentation** Electronic submissions are requested but not required. Please email to ileviner(u citvoftybee.o rg. ** 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: ,Sharon S. Shaver Phone/Email: 912472-50721 sshaver( cityoftybee.org Comments: Date given to Clerk of Council January 16, 2014 P.O. Box 2749—403 Butler Avenue, Tybee Island,Georgia 31328-2749 20140213CityCouncilPacket (866) 786_457gagec 266) 786-5737 20140206/jr1 www.cityoftybee.org CITY OF TYBEE ISLAND ALCOHOL LICENSE APPLICATION Application is hereby made for a license to do business within the City of Tybee Island as a dealer in alcoholic _. beverages as indicated below: LICENSE CLASSIFICATION FEE CHECK Notice: The applicant Retail Beer/Wine—Package Sales Only,Consumption on Premises Prohibited $ 350 for a license shall be a Retail Beer/Wine—Sale by Drink for Consumption on Premises Only 575 citizen of the United Retail Liquor—Sale by Package Only,Consumption on Premises Prohibited 850 States, a resident of Retail Liquor—Sale by Drink for Consumption on Premises Only 1,250 Chatham m Coounty, and owner of the business Retail Liquor—Sale by Package&Drink both in One Building under One Ownership 2 000 or if a corporation, Sunda Sales—Sale • Drink for Consum'tion on Premises Oni 150 partnership or other Sunday Sales—Package Sales Only 50 legal entity is the Wholesale Beer 765 owner, a substantial Wholesale Liquor 1,500 and major stockholder Wholesale Wine 150 or the applicant may be Distiller,Brewer,or Manufacturer of Alcoholic Beverages 300 the manager of the Special Event—Public or Private Property-Beer,Wine(no current license)per event 50 ry/ business charged with Special Event—Public or Private Property-Beer,Wine(no current license)3 days 100 the regular operation of Special Event—Public or Private Property-Beer,Wine(holding current license)per event 10 said business on the Special Event—Business Property—Beer,Wine,Liquor(no current license)per event 50 premises for which the Special Event—Business Property—Beer,Wine,liquor(no current license)3 days 100 license is issued. Special Event—Business Property—Beer,Wine,Liquor(holding current license)per event 10 Business Name r t� {i"a - fip. Inc Location )1 i •3 A-mad Mailing Address ? 0, y x 1 01110 � i et-IS IC C f 2 i3 4�', { Phone���l ) ��� Rp Y� l 1 Email �ti ee t iicLi` F6T. ( am L JNames and Home Addresses of Owners,Partners or Corporate Officers with Ten Percent(10%)Interest in Business Names(attach additional pages if necessary) Date of Birth Home Addresses City,State,Zip Social Security# + }� IMF tir 1�7r � Yi IrtlIn `' 1)ycic,�P Vell�� .� Ti e kslar ('�� If special event,date(s)of event I I i 1 I LI Name of event: t' ! ".15 III� t I i L Is business incorporated? ''q.5 State of Incorporation r, Is Date In.. ..rated au,-5 Names of landlord of the business location Address Phone What other business is conducted at this location? Has application been made for required State and Federal Licenses? 1 Has applicant,any person connected with,or any person having an interest in this business: o ever been convicted of any violation of law other than for a traffic violation? Ni 0 o ever served time in prison or other correctional institution? N t, n 1 o ever had an alcohol beverage license suspended or revoked at any time in any location? 1�►0 (if answer is yes,give details) N Y If this application is for RENEWAL of an existing license,enter License Number of existing license N 11 If business is an eating establishment,are SUNDAY sales of alcoholic beverages contemplated? NO If yes,submit additional affidavit. ALL OF THE FOREGOING INFORMATION IS HEREBY GIVEN AND ALL OF THE FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILLFULLY, KNOWINGLY,AND •:• = , .01).re THE SAME IS AND ARE HE BY S ORN TO ME TO BE TRUE UNDER PENALTY OF LAW. Applicant Signatur ► Date /2 ii‘f°(' n Approval _ Signature _ Date 'r lily Manager Sworn t a u ribed before n e■4 .' �1, da , ,1 0/ zoning_ ', x . 9 Police /� City Counal N P Notary rC SHARON S. HAVER 20140213Cit CounciIP PYb C,Chatham County, 3 of 203 20140206/'rl y ammission Expires Dec. 5%1 a 1 The CONSENT FORM is required for ALL alcohol license applications. CONSENT FORM I HEREBY AUTHORIZE THE TYBEE ISLAND POLICE DEPARTMENT TO REQUEST ANY CRIMINAL BACKGROUND HISTORY RECORD INFORMATION PERTAINING TO ME WHICH MAY BE IN THE FILES OF ANY STATE OR LOCAL CRIMINAL JUSTICE AGENCY. BE rr FURTHER UNDERSTOOD THAT THE PURPOSE OF OBTAINING THIS INFORMATION IS TO SATISFY THE REQUIREMENTS SET FORTH BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, REGARDING AN ALCOHOL BEVERAGE LICENSE APPLICATION. Ia. I ..` r FULL NAME(PN NT) SEX / RACE / DATE OF BIRTH 1 A Ca .l l na.Dr-- ADDRESS L CURITY NUMBER ,vin 1 I 1T CITY,STATE,ZIP IG I•E f �f � / 64 , The ACKNOWLEDGEMENT is required for all LIQUOR BY THE DRINK alcohol livens 56' app ications. J /j- ,l ACKNOWLEDGEMENT I declare knowledge and understanding of Municipal Code Section 58-80: There is levied an excise tax on the sale of distilled spirits by the drink in the amount of three percent of the charge to the public for the beverage. SIGNATURE DATE The AFFIDAVIT is required if SUNDAY SALES of alcohol for consumption on premises are contemplated. Food and beverage sales records prepared by a CPA are required to be furnished to the City upon request. STATE OF GEORGIA COUNTY OF CHATHAM CITY OF TYBEE ISLAND AFFIDAVIT I, , do hereby make this affidavit to be part of my application for an alcohol beverage license in the City of Tybee Island to sell distilled spirits, malt beverages and/or wine for the consumption on the premises in my eating establishment on Sunday. Said establishment is located at Tybee Island, Georgia. I am the of the establishment known as I hereby further state that at least fifty percent (50%) of the total annual gross food and beverage sales are derived from the sale of prepared meals or food. SIGNATURE DATE Approved A Denied 1 � Chief of Police V I II Date V 20140213CityCouncilPacket Page 34 of 203 20140206/jrl 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: 2/13/14 Item: EPD Consent Order (CO) and City of Tybee Water and Sewer Department Corrective Action Plan (CAP) — Attached is a stream lined version of the CO that the EPD staff has agreed with city staff to approve. The Infrastructure Committee recommended approval of the first longer draft version on 1.9.14 (3-0). This current revision of the CO and CAP provides more clarity of what is required in the CO and CAP for the both EPD and city staff. The CO contains a $5,000 fine for the two sewer main spills from the sewer force main to sewer lift stations #3 on June 30,2013 and July 13,2013. Account Number: 505-4310-52-3600(Sewer Administration Dues and Fees) Paper Work: X (2)Attached* Submitted by: Diane D. Schleicher Phone/Email: dsch @cityoftybee.org Comments: Date given to Clerk of Council: 2/6/14 20140213CityCouncilPacket Page 35 of 203 20140206/jr1 MAYOR R � CITY MANAGER Jason Buelterman ►" 1 Diane Schleicher e ce CITY COUNCIL s CITY CLERK Wanda Doyle,Mayor Pro Tern ha Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett � Edward M.Hughes Monty Parks + Paul Wolff CITY OF TYBEE ISLAND To: David Lyle February 5, 2014 CC: Steve Fox CC: George Reese CORRECTIVE ACTIONS TAKEN FOLLOWING THE SPILLS ON 30 JUNE, 2013 AND 13 JULY, 2013 • The force mains to sewer lift stations 3 and 4 has been replaced and upgraded, at a total cost of $278,875. There were 3,600 linear feet of 10 inch C-900 PVC installed for #3 and 1,800 linear feet of 8 inch C-900 PVC, installed for #4. • The city is scheduled to replace 6,300 linear feet of 12 inch DI Force Main with new C-900 PVC, along Jones Avenue, Solomon Avenue and Polk Street, the projected cost estimate is $600,000.00. Engineering for #6 Force Main is 100%complete. GEFA funding has been applied for and bids for the project are due in February 2014. #6 Force Main will take 6 to 9 months to complete after it has been awarded to a contractor. • The city has been testing our outfalls for Enterococci and intends to it in the future. Please let us know if any of these projects are acceptable to you. Thank You Stanley C. Bearden Wastewater Superintendent P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 20140213CityCouncilPacket (866) 786-45740W/2066) 786-5737 201402060 www.cityoftybee.org ENVIRONMENTAL PROTECTION DIVISON DEPARTMENT OF NATURAL RESOURCES STATE OF GEORGIA CONSENT ORDER RE: City of Tybee Island ORDER NO. EPD-WQ- NPDES Permit GA0020061 Chatham County DEFINITIONS APPLICABLE TO THE RESPONDENT WHEREAS, the City of Tybee Island (hereinafter "Respondent") owns and operates a Publicly Owned Treatment Works (hereinafter "POTW") located in Chatham County, Georgia; and AUTHORITY WHEREAS, under the "Georgia Water Quality Control Act of 1964" as amended O.C.G.A. § 12-5-20 et seq. (hereinafter "Act"), the General Assembly of Georgia designated the Director of the Georgia Department of Natural Resources, Environmental Protection Division, (hereinafter "Director" and "Division") to administer the provisions of the Act; and WHEREAS, the Rules for Water Quality Control, Chapter 391-3-6, as amended, (hereinafter "Rules") required under O.C.G.A. § 12-5-23 of the Act, were established and became effective; and WHEREAS, O.C.G.A. § 12-5-23 of the Act, assigns the Director the authority to issue permits stipulating in each permit the conditions or limitations under which such permit was issued and the authority to issue orders as may be necessary to enforce compliance with the provisions of the Act and all rules and regulations promulgated there under; and City of Tybee Island Page 1 20140213CityCouncilPacket Page 37 of 203 20140206/jrl WHEREAS, on June 14, 2011 the Respondent was issued National Pollutant Discharge Elimination System (NPDES) Permit Number GA0020061 (hereinafter "Permit") by the Director of the Division for the City of Tybee Island Water Pollution Control Plant located in the Savannah River Basin; and WHEREAS, Chapter 391-3-6-.05(2)(b) of the Rules defines a "major spill", in part, as any discharge of raw sewage that is in excess of 10,000 gallons or results in water quality violations in the waters of the State; and WHEREAS, Georgia Rule 391-3-6-.05(3)(a) requires the owner of a POTW to immediately notify the Division, in person or by telephone, when a spill or a major spill occurs in the system; and HISTORY WHEREAS, the following major spills (hereinafter "Spills") occurred in the Respondent's system: Date of Spill Estimated Waterway Reported Cause Spill Location Quantity of Impacted Spill (gallons) Jones Marsh and Horse 6/30/2013 Avenue 90,677 Pen Creek Force main pipe break Jones Marsh and Horse 7/13/2013 Avenue 73,545 Pen Creek Force main pipe break WHEREAS, on July 1, 2013 the Respondent notified the health department of the June 30, 2013 spill; and WHEREAS, on July 2, 2013 the Respondent posted signs at all public access points after the June 30, 2013 spill to notify citizens who may come into contact with the affected water; and City of Tybee Island Page 2 20140213CityCouncilPacket Page 38 of 203 20140206/jrl WHEREAS, on July 2, 2013 the Respondent notified the Division of the June 30, 2013 spill by leaving a message on the Division's telephone message system; and WHEREAS, on July 2, 2013 the Respondent notified the local media of the June 30, 2013 spill; and WHEREAS, on July 2, 8 and 10, 2013, the Respondent notified the largest legal organ of the County where the spill occurred (Savannah Morning News) of the June 30, 2013 spill. The notice was published in the Savannah Morning News on July 11, 2013; and WHEREAS, on July 13, 2013 the Respondent notified the Division of the July 13, 2013 spill via email; and WHEREAS, on July 13, 2013 the Respondent posted signs at all public access points to notify citizens who may come into contact with the affected water; and WHEREAS, on July 15, 2013 the Respondent notified the local media of the July 13, 2013 spill; and WHEREAS, on July 13, 2013 the Respondent notified the health department of the July 13, 2013 spill; and WHEREAS, on July 15, 2013 the Respondent published a notice of the July 13, 2013 spill in the largest legal organ of the County where the spill occurred; and WHEREAS, on July 16, 2013 the Division received the Respondent's June 2013 Discharge Monitoring Report for the Facility which indicated violations of effluent limitations for flow, ammonia and enterococci; and City of Tybee Island Page 3 20140213CityCouncilPacket Page 39 of 203 20140206/jrl WHEREAS, on July 18, 2013, the Division sent a Notice of Violation letter to the Respondent to notify the Respondent that the Spills are violations of the Permit, Act and Rules and to request a meeting; and WHEREAS, on July 19, 2013 the Division met with the Respondent to discuss the cause of the Spills and the corrective actions taken to mitigate or reduce the adverse effects of the Spills; and WHEREAS, on August 16, 2013 the Division received the Respondent's July 2013 Discharge Monitoring Report for the Facility which indicated a violation of effluent limitations for flow; and WHEREAS, on September 26, 2013, the Respondent sent a copy to the Division of its Sewage Spill Standard Operating Procedures (hereinafter "Sewage Spill SOP") for responding to spills; and WHEREAS, on October 22, 2013, the Respondent submitted a written Corrective Action Plan (hereinafter "CAP") to the Division identifying actions to be taken by the Respondent to prevent sewage spills in the future; and WHEREAS, on November 14, 2013 the Respondent submitted written notification to the Division for the July 2013 effluent violations for enterococci and ammonia; and WHEREAS, on January 8, 2014, the Division met with the Respondent to discuss the corrective actions taken and to be taken regarding the Spills; and WHEREAS, on February 5, 2014, the Respondent submitted a revised CAP to the Division that included a summary of work completed to date and a schedule for completing additional improvements to the sewerage system; and City of Tybee Island Page 4 20140213CityCouncilPacket Page 40 of 203 20140206/jrl Alleged Violations WHEREAS, the Spills and Permit effluent violations in July and August 2013 violated § O.C.G.A. 12-5-29(a) which requires conformance with the Act, the Rules, and the Permit; and WHEREAS, the Respondent exceeded discharge limitations specified in the Permit for flow, Ammonia, and Enterococcus in July 2013 and for flow in August 2013 in violation of Part I.B. of the Permit and Section 391-3-6-.06(4)(a) of the Rules; and WHEREAS, the Respondent did not provide oral and written report of the July 2013 and August 2013 effluent noncompliance in violation of Rule 391-3-6-.05(4) and Part II.A.3. of the Permit; and WHEREAS, on July 2, 2013 and July 13, 2013, the Respondent notified the Division of the Spills via the Division's telephone message system and via email, respectively, but did not immediately notify the Division, in person or by telephone, of the Spills in violation of Rule 391-3-6-.05(3)(a) and Part I I.A.11.a. of the Permit; and WHEREAS, on July 2, 2013, the Respondent posted signs at all public access points to notify citizens who may come into contact with the affected water after the June 30, 2013 spill but did not immediately post signs at public access points in violation of Rule 391-3-6-.05(3)(g) and Part II.A.11 .c. of the Permit; and WHEREAS, on July 1, 2013, the Respondent notified the health department of the June 30, 2013 spill but did not immediately notify the health department of the spill in violation of Rule 391-3-6-.05(3)(f) and Part II.A.11.b. of the Permit; and WHEREAS, on July 2, 2013 and July 15, 2013, the Respondent notified the local media of the Spills but did not notify the local media within 24 hours of becoming aware City of Tybee Island Page 5 20140213CityCouncilPacket Page 41 of 203 20140206/jrl of the of the Spills in violation of Rule 391-3-6-.05(3)(e) and Part I I.A.11.d. of the Permit; and Civil Penalties WHEREAS, Section 12-5-52(a) of the Act states that any person violating any provision of the Code or any permit condition or limitation established pursuant to the Code shall be liable to the State of Georgia for a civil penalty not to exceed $50,000 per day for each day during which such violation continues; and Conditions WHEREAS, the Director has determined that it is in the public interest to resolve all allegations raised above by entering into this Order without the necessity of litigation and adjudication of the issues; and NOW THEREFORE, by agreement of the parties, before the taking of any testimony and without adjudicating the merits of the parties' positions in this matter, in order to resolve the violations alleged herein, the Director hereby ORDERS and Respondent CONSENTS to the following: 1. Within 10 days of the execution date of the Order, the Respondent agrees to pay to the Georgia Department of Natural Resources the amount of five thousand ($5,000.00) dollars in compromise and settlement of the identified violations arising from the allegations referenced above. Payment in the form of certified check or money order to the Georgia Department of Natural Resources shall be delivered to the Department at 400 Commerce Center Drive, Brunswick, GA 31523. City of Tybee Island Page 6 20140213CityCouncilPacket Page 42 of 203 20140206/jrl 2. Within 30 days of the execution of this Order, the Respondent shall submit to the Division for review and approval a revised Sewage Spill SOP to ensure compliance with Rule 391-3-6-.05 and Part II.A.11 of the Permit. The revised Sewage Spill SOP shall include, but not be limited to, spill response personnel structure; overflow response procedures; notification and reporting procedures (including after-hours, weekends, and holidays); name and telephone numbers for state and local agencies, local health department, local media, and the legal organ of the County; provisions for posting signs; maps identifying points of public access; and employee training. Should the initial submittal of the Sewage Spill SOP not be approved by the Division, the Respondent shall have 30 days to submit an approvable Sewage Spill SOP once notified in writing by the Division that the original Sewage Spill SOP has not been approved. The Respondent shall implement the approved Sewage Spill SOP upon receipt of the Division's approval, and within 10 days provide written confirmation that the Sewage Spill SOP has been implemented as approved. 3. Within 60 days of the execution date of this Order, the Respondent shall submit to the Division for review and approval a Routine Inspection and Maintenance Plan (Plan) of the Respondent's wastewater collection system. The details of the Plan shall include but not be limited to methods of assessment; frequency of assessment; prioritization of areas of the system to be assessed; projected annual budget for the implementation of the Plan; and how the Plan translates into repairs, replacement, or maintenance. Should the initial submittal of the Plan not be approved by the Division, the Respondent shall have 30 days to City of Tybee Island Page 7 20140213CityCouncilPacket Page 43 of 203 20140206/jrl submit an approvable Plan once notified in writing by the Division that the original Plan has not been approved. The Respondent shall implement the approved Plan upon receipt of the Division's approval, and within 10 days provide written confirmation that the Plan has been implemented as approved. 4. Within nine (9) months of the execution date of this Order, the Respondent shall replace the existing #6 Force Main (approximately 6,300 linear feet) located along Jones Avenue, Solomon Avenue and Polk Street on Tybee Island. a. 5. Immediately upon execution of this Order the Respondent shall implement procedures for ensuring that all Spills occurring after normal business hours are immediately reported to the State Operations Center at 1-800-241-4113. 6. The Respondent shall obtain approval from the Division for any engineering reports, plans and specifications related to modification of the sewerage system in accordance with Rule 391-3-6-.02. 7. The Respondent shall submit to the Division progress reports for the actions taken to complete Condition 4 of the Order. The progress reports shall be submitted to the Division with the monthly DMR until Condition 4 is satisfied. 8. Within 10 days of completion of Condition 4 of the Order, the Respondent shall submit to the Division a written certification that all actions identified in Condition 4 have been completed. 9. Within 30 days of the execution date of this Order, the Respondent shall train all personnel responsible for Permit compliance as to the Conditions in the Permit, and will provide the Division written confirmation that the training is City of Tybee Island Page 8 20140213CityCouncilPacket Page 44 of 203 20140206/jrl complete. 10. All plan(s), report(s), and schedule(s) required by the terms of this Order are, upon approval by the Division, incorporated by reference into this Order. Except as provided in the Order, any noncompliance with such approved plan(s), report(s), and/or schedule(s) shall be termed noncompliance with this Order. 11. If at any time the Division determines that any element of any approved plan or report should be modified in order to meet the requirements established by the Order, the Act, or the Rules, or any subsequent changes thereto, the Division shall provide the Respondent with written notification of such determination, specify the basis for making such determination and request modification and resubmittal of a modified plan or report in accordance with a schedule specified by the Division. If at any time the Respondent determines that any element of any approved plan or report should be modified in order to meet the requirements established by the Order, the Act, or the Rules, the Respondent shall, within 30 days of making such determination, modify and submit the plan or report to the Division. The Division may confer with the Respondent regarding the modified plan or report in person, by telephone or in writing. Modifications to the plan must receive written approval by the Division prior to implementation. This Order does not waive the Director's right to take further enforcement action against Respondent, or imply that the Director will not take such action for violations City of Tybee Island Page 9 20140213CityCouncilPacket Page 45 of 203 20140206/jrl alleged herein if Respondent fails to fully comply with the conditions of this Order. Issuance of this Order does not waive the Director's right to use the violations alleged herein, upon sufficient evidence, to show past violations in any subsequent enforcement proceeding. This Order is executed and entered solely for the purpose of resolving and disposing of the alleged violations set forth herein and does not constitute a finding, adjudication, or evidence of a violation of any law, rule, or regulation by Respondent, and, by consenting to this Order, Respondent does not admit to any factual allegation contained herein or to any violations of State laws. In addition, this Order is not intended to create and it shall not be construed or otherwise deemed to recognize or create any claim, right, liability, estoppel, or waiver of rights in favor of any third-party or parties. By agreement of the parties, this Order shall have the same force and binding effect as a Final Order of the Director, and shall become final and effective immediately upon its execution by the Director. The parties further agree that this Order shall not be appealable by Respondent, and Respondent hereby waives its right to initiate any administrative or judicial hearing on the terms and conditions of this Order. Unless modified or terminated by a subsequent order, or otherwise specified in writing by the Director, this Order shall be deemed satisfied and terminated upon full, complete, and timely performance of each and every condition set forth herein. City of Tybee Island Page 10 20140213CityCouncilPacket Page 46 of 203 20140206/jrl IT is so ORDERED, CONSENTED, and AGREED TO this day of , 2014. FOR THE CITY OF TYBE ISLAND FOR THE DIVISION: BY: Judson H. Turner, Director TITLE: DATE: City of Tybee Island Page 11 20140213CityCouncilPacket Page 47 of 203 20140206/jrl MAYOR , CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan ATTORNEY Bill Garbett Edward M.Hughes Monty Parks I - 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: February 13, 2014 Item: Public Hearing: Annual Review of Private Parking Businesses Explanation SUNRISE PARKING 1511 BUTLER AV OCEAN PLAZA/RESORT INN 1401 STRAND RENEE G BRIDGES 1001 BUTLER AV BRAMBLE FAMILY 215 LOVELL JOYCE PRESCOTT _ 214 SECOND AV JACK ROSENBERG 203 FOURTEENTH ST Paper Work: X Attached* Audio/Video Presentation** Electronic submissions are requested but not required. Please email to jlevinerc 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: Sharon Shaver Phone if Email:912 472-5072/sshaver(a,cityofiLybee.org Comments: Date given to Clerk of Council February 6, 2014 20140213CityCouncilPacket Page 48 of 203 20140206/jr1 J 0 etri CO W 4.0 co ■■ Shirr 20140213CityCouncilPacket Page 49 of 203 20140206/jr1 %41›:.P;(:,1)07 4 oe0 ieb t4:47.1„4„� jr� Ill ac�x x r � N � y ac oc 0 FR a-I dne .- , .4 IA � 0 u� G erf H � x 'CA o oa * v cal a 15 LS, �; t Zz = Z Za zz c 6x x x x x x i en AI en FR FR en Q, 4,?4, 8 i l ,i-i N ii N : i' N A op wet Z H Z z 15 W et m o o c in g V en go N wi U U N 1M r4 fll O a Ui ! a a Q a Q a.Lu Lu De $41 - m W F 4 Q m a vi t a 0 a. hi 3 ht —W w Z m W 0 V y M LL 0 of 20140213CityCouncilPacket Page 50 of 203 20140206/jr1 ._,.....,Jo,.�.._.r....an=M.N. PAM=.1=0_al - 'Bran-001e, _ 215 Love-SA Ave. i3Spae.c AN >-Pr MAY f�A S HAdySER :'� j} • 5 P ;4-0004—QS—CO r'Y. Q' r�rL $ �A Lot.29A.4 PT OF LOT 2•• }i p \\‘'I .r. 5904-s1'2 aD m J s# 12e- 571'30.00'£ s W000 FEN• 7880' z r ern.vcd 1"MF' LLF METAL I*PF b. } S?aG- BARBARA LOUT' BRAAi. 113 C ' C omp4c PIN # 4-000 i-+ :•, I g 'S 54 ctn�ae� 0' 1n 1 m VI SOUTHERN 40" OF OF 24A L, cj 8 ICI. 16.0' I24.0' �� ......., JOYCE ill PRESC OTT NIA Vr41T5 Q s PIN Er 4-0004-0S-007 li _ �., LOT 238&24k1 - STORY 2 CIO {10 W:40h rn Si 5 ruz.40 rE. f 6¢ierJ czArs-1.463.4. CONC. 'CCINC7 BLOCK • 7,,, LL M aceey+ 4 .13 Y C •��pa.ric,-. 14n.5- I II PAn4 I; 6... s Hi_ T23A J T o.r+a:ra..6k -J 24.0" W do}a - ` 16.6°a E■ 2 112 "Ill' .-911 _2.54..--0,o_zo„ "Dia. D}1,o,g}aCC 1 cone a .BUG; it ,i. _,,,,„:_i_ gx IS CO LL. THIRD ST. 6C]' R/W '� Iiil a) PLAT OF LOT 23—A & THE SOUTHERN 40' OF LOT 24A, WARD 1, 5TH G.M.D., TYBEE ISLAND, CHATHAM COUNTY, GEORGIA CRES: 0.18 LEGEND: S F T,880 ACCORDING TO THE FLOOD INSURANCE s IPF IRON PIPE FOUND RATE MAP 73057CO274F DATED 9--26--08 mew CONCRETE MONUMENT FOUND THE SURVEYED PROPERTY LIES WITHIN FENCE LINE A SPECIAL FLOOD HAZARD AREA nW4/ WATER METER REFERENCES: 1, PLAT P. P. 130 THIS PROPERTY LIES IN ZONE AE CC} CHAIN LINK FENCE CO2. MAP 127 2, P. 2 CONC- CONCRETE 3. D6 72TF P. 234 ALSO KNOWN AS: 215 LOVELL AVE. TYBEE ISLAND, GA 31328 CCI FI£LD SURVEY DATE: 02702/10 SURVEYED 0 A E BRAMBLE DATE.' 07702710 FOR: JOB/ 1'0-006 GcORCA _ CERTIFY THAT IN MY OPINION THIS 15 1;�, AN ACCURATE REPRESENTATION OF flat ERROR OF CLOSURE.' 40'91 ` ) LAND PLATTED AND HAS BEEN ANC. ERROR: 2"PER ANG. 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TDPCON AP—La`.. -sue ERROR OF CLOSURE: UNMAN:1/— �sTEk \ ANG;—"/ANGLES J. Y'REYNOIDS ac Pup-1/111r rrrr LAND SURVEYOR i NO.5. 8 0 20 636 STEPHENSON AVENUE ,.IS f a I e I SUITE C fe 411 7 �r SCAM 1"-ED' SAVANNAH;GEORGIA 31405 r�•` / {� TELEPHONE.• 912-562-0464 '4i.. EY 8 f { DATE:EEERRARY a,LOSS FAX 912-352-7787 r FILE NO 50-27 20140213CityCouncilPacket Page 55 of 203 20140206/jrl C b:iogi- 6 ,a.,t % . 4 0_, , . ,.tot - ih - 00,- " 4 1 r K li _' ! 1 ., i a 4rSi 0 , ..-:-. --- - r ;— — . —irii ,-. a) ._ _ _ .. _____ .... 4- ...w f 'r a - � µr et - , -i- 4 {. .r.___13 ra - -3 _ ` - NI i 1.1 r - f _ ' Ls.—. _ �g� �r i {ly r.� v 111 �: - _ '.-FT N44b ti ''-71-71 ii/ii � ,OC ailk3AY vai1na co a) U 0 20140213CityCouncilPacket Page 56 of 203 20140206/jr1 Agar +a ueld 741G y s; i _ 0 6u Je assuun ,r. , '! a 02 s 6z l d g n o m0. n pc7 • 0a C z /- SNO fl-lO1 CeIVMOW 'Si \\\\\\\,..\-\\\\\\\\\\\—_,,,,,, gI K.6 9i co H ry N N an a ?(,6 b 9! 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' ...s.,..."Q —,.- •'_._ - .1_,...1,A , i t C •GE ;,, i 1 • i ? ?... o . • 4 r 14 .• : 11, , yr '',,, IIS I ti '-`,1`,.-I §i. --:‘. ,nr i- , .: ; )) 1 511 cis "iY 1 0 111 1 1 '; 11 g 1 I /c.,, 1 F Vir a i ‘4 r ill 1 1 ..i ;If II , a • ..... !, • . „I I VI '1''v•k-- . - ._, til It , c .- ff .g 11 - 114 i ft 11, 0 _ gs ce It 1: • • a, 1 a t tt i tIF -17:010-. 20140213CityCouncilPacket Page 58 of 203 201402060 MAYOR " CITY MANAGER Jason Buelterman �qt-ct � Diane Schleicher CITY COUNCIL ` CITY CLERK Wanda Doyle,Mayor Pro Tern 1 Janet LeViner Barry Brown "' Rob Callahan CITY ATTORNEY Bill Garbett Mont Parks *1 Edward M.Hughes y `w, Paul Wolffu� 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: February 13, 2014 Item: Public Hearing Explanation: Variance- 13 T.S. Chu Terrace; zone C-1; Roy Ogletree, petitioner; consideration of height variance request 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: February 4, 2014 * * * P.O. Box 2749-403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573-FAX(866) 786-5737 * Ciry of Ethics Y� www.cityoftybee.org 'i I- 20140213CityCouncilPacket Page 59 of 203 206/jrl 'h� Nqr:i PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: January 21, 2014 Petitioner: Roy Ogletree Project Name/Description: 13 T. S. Chu 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 Absent Borkowski X Bramble X Marion X Vice Chair Motion to dery McNaughton X Second The Planning Commission recommends: H Approval ® Denial ❑ Continued . 7 Planning Commission Chair: --r' Date: • - 'l 1 Planning& Zoning Manager: O , ... , . Date: I - 2 2- r L4 20140213CityCouncilPacket Page 60 of 203 20140206/jr1 R'k STAFF REPORT FOR THE PLANNING COMMISSION MEETING OF: January 21, 2014 + FOR THE CITY COUNCIL MEETING OF: February 13, 2014 LOCATION: 13 T.S. Chu Terrace PIN: 4-0009-04-006 APPLICANT: Roy Ogletree OWNER: Deborah Baber EXISTING USE: 2-unit residential PROPOSED USE: same ZONING: C-1 USE PERMITTED BY RIGHT: yes APPLICATION: Zoning Variance (5-090) from Land Development Code Section 3-090(B) (height) COMMUNITY CHARACTER MAP: 17th Street Neighborhood PROPOSAL: The applicant, Mr. Roy Ogletree of Ogletree Construction,Inc., is requesting a height Variance. ANALYSIS: The structure at 13 T.S. Chu Terrace is an over/under 2-unit residential building. There are separate exterior entrances for each unit. There is an internal spiral stair connection between floors. Each unit has a kitchen. The structure was built in 1930 according to the Chatham County Property Record Card.That construction predates participation by the City of Tybee Island in the National Flood Insurance Program and the requirement that structures be elevated at or above Base Flood Elevation. In 2013 the owner decided to elevate the structure primarily due to the cost of flood insurance. Building permit 13-0765 was issued 12/05/2013 for elevating the structure. Building permit 13-0806 was issued 12/19/2013 for renovations to the elevated structure. Mr. Ogletree has provided the height of the elevated structure as 36-feet 7-inches. This measurement has not been certified. Section 5-156, Height Certification, states: The city shall have the right to request that the contractor have a State of Georgia certified engineer or surveyor certify the height of any structure. Certification of the height will be required prior to close out of permit 13-0806. If a 1-foot 7-inches height Variance is not granted, the applicant has stated the cost to reduce the roof to the required 35-feet is $7,000. The structure is located in Flood Zone AE with a Base Flood Elevation (BFE) of 14. The City of Tybee Island requires substantially improved structures in an AE Flood Zone to be elevated no lower than one foot above the base flood elevation [Section 8-190(1)]. This includes all heating and air conditioning equipment and components (including ductwork), all electrical, ventilation,plumbing fixtures and other service facilities [Section 8-190(1)(a)]. Prior to permitting, the attached topographic survey dated 11/10/2013 was used to calculate a 6.9-foot average grade for the site. The Design Flood Elevation (DFE) is 15-feet (BFE 14 plus 1-foot freeboard). Therefore, the machinery and equipment servicing the building and the top of the floor for the habitable space must be elevated a minimum of 8.1-feet (DFE 15 -6.9 average grade= 8.1). Staff approved the application for elevation of the structure on 12/03/2013. For height, approval was based on the attached email received from Mr. Ogletree on 12/03/2013 stating the roof would be modified to meet the 35-foot height limit. Mr. Ogletree submitted an application for a height Variance on 01/02/2014. The cost of construction to reduce the roof height does not meet the standards outlined in Land Development Code Section 5-090(A)for the granting of a Variance: Standards. After an application has been submitted to the zoning administrator, reviewed by the 1 20140213CityCouncilPacket Page 61 of 203 20140206/jr1 planning commission, and a public hearing has been held by the mayor and council, the mayor and council may grant a variance from the strict application of the provisions in this Land Development code only if the following findings are made: (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; and, (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property. This residential property is within the C-1 Beach Business District. The required minimum lot area, setbacks, and height are provided by Section 3-090(B): Zone Minimum Lot Area Front Rear Side Maximum Structure Height (square feet) Yard (feet) (feet) (feet) 4,500 Single-Family C-1(C) 6,750 Two-Family 20 10 10 35 1,125 per unit Multi-Family C-1(C) Residential uses, including single family, two-family, and multi family (triplexes, quadraplexes, townhomes, apartments, tourist homes, condominiums, timeshares, and similar uses), bed and breakfast uses, and public structures. The minimum lot size for a 2-unit residential structure in the C-1 Zoning District is 6,750 square feet. The parcel owned by Ms. Baber is 50-feet by 70-feet. Therefore, this 3,500 square foot lot is a substandard lot of record in terms of size. The elevation and renovation permits do not include a building footprint expansion. The attached survey dated 11/10/2013 documents the setbacks for the structure prior to its recent elevation were: 4.7-feet front; 3.4-feet rear; 1.3-feet west side; and 3.5-feet east side. Therefore, this structure is nonconforming to the required setbacks. Land Development Code Section 5-090(B)states: (B)Height variances. For height variances, 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 safe-guard consisting of sprinkler systems, smoke detectors and any other fire protection equipment deemed necessary at the time by mayor and council. 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 the 35 feet height, and have safe-guards consisting of sprinkler systems, smoke detectors, and any other fire protection deemed necessary at the time by mayor and council. The following development Regulation is Section 3-090(C)of the Land Development Code: C. Structures above 35 feet. If a variance is granted by the mayor and council for a building with a height in excess of 35 feet, in no event shall a building permit be granted without the following restrictions: (1) Structures greater than 35 feet in height shall be fully equipped with fire safe guards consisting of sprinkler systems, smoke detectors and any other fire protection measures deemed necessary at the time by the mayor and council. (2) Before a permit can be granted on said request, an affidavit of the builder and owner must be executed agreeing to same to be completed within an agreed upon reasonable time. The applicant has not proposed increasing the setbacks for the structure. The scope of work under permit 13-0806 does not include installing a sprinkler system and/or smoke detectors. Code compliant smoke detectors for the first 2 20140213CityCouncilPacket Page 62 of 203 20140206/jr1 habitable floor passed inspection under a 2011 renovation permit (11-0440). The status of smoke detectors on the top level is unknown. The C-1 Zoning District is outlined in 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. The January 2008 Comprehensive Plan placed the dwelling at 13 T.S. Chu Terrace in the 17th Street Neighborhood Character Area. This Character Area is defined by a dense mix of residential uses that includes single family, multi- family, and vacation rentals. The area is mainly defined by its proximity to the Strand, beach, and pier. There is a high ratio of rental property and seasonal residents in this neighborhood[Section 1.2.121. The current project meets all the applicable Recommended Development Strategies as outlined below. Comprehensive Plan Section 1.2.12 Meets Strategy 17th Street Neighborhood • Recommended Development Strategies Y/N or N/A New development, redevelopment, and restoration should be consistent with existing 1. character of the area in terms of mass, scale, use and density. 2 Future development and redevelopment should be very pedestrian-oriented with safe connections to adjacent neighborhoods and commercial areas. This area is appropriate for residential development that contains a mix of densities and 3. housing options (i.e. multi-family homes, townhouses, condos, apartments, year round Y rentals, etc.). 4 Mixed uses should be encouraged to provide for the daily needs of residents and N/A tourists. 5 All commercial uses should be low-intensity uses,consistent with the existing character N/A of the neighborhood. 6. Uses and zoning within this area should provide a "transition" from South End Neighborhood to the SDHBC (The Strand Downtown Historic Business District). Elevation of the structure improves the pedestrian aspect of the property by relocating the vehicle parking that has been in front of the house adjacent to the street pavement to under the structure. This also provides for compliance with Section 3-080(B)(1): Residential dwelling units. For every dwelling unit, there shall be provided at least two off-street parking spaces. The properties within the 17th Street Neighborhood Character area is zoned either C-1 or R-2. Section 1.2.12 of the Comprehensive Plan lists two Zoning Considerations: • Development in this area should be permitted based on the allowed uses for each.category. • Focus attention on desirable residential development of varying densities that would provide relatively affordable year-round rentals. STAFF FINDING: Staff finds the granting of a height variance for the redevelopment of a 2-unit residential structure at 13 T.S. Chu Terrace is not in keeping with the hardship requirement of Section 5-090(A), the height variance requirements of Section 5-090(B), and the requirements stated in Section 3-090(C)for a structure above 3 20140213CityCouncilPacket Page 63 of 203 20140206/jr1 35 feet. The project is in keeping with the Character Area. Certification of the height by a licensed professional will be required prior to close out of permit 13-0806. This Staff Report was prepared by Dianne Otto on January 13, 2014. ATTACHMENTS A. Application(2 pages) B. Plat, dated 09/16/2010 (1 page) C. Elevation Certificate, dated 09/11/2013 (3 pages) D. Email from Roy Ogletree and 2 roof peak modification drawings, received 12/03/2013 (2 pages) E. Permit application and foundation plan for substantial renovation building permit (2 pages) F. Photographs from applicant(3 pages) G. SAGIS map (1 page) H. Topographic survey, dated 11/10/2013 (1 page) I. Existing and proposed building heights for subject property from applicant (1 page) J. Existing building heights for neighboring properties from applicant(2 pages) 4 20140213CityCouncilPacket Page 64 of 203 20140206/jr1 CITY OF TYBEE ISLAND Fee ZONING VARIANCE APPLICATION Commercial $500 Residential $200 Applicant's Name `r Address and location of subject property 13 14u 'rE 2, A.� PIN —vv(��`y l� -(9(96 qtr 2, ��G? '2"77 - Applicants Telephone Number- _ Applicant's Mailing Address (I 13 .J 2b4 t/A,Jv -yj Brief description of the land development activity and use of the land thereafter to take place on the property: CA . -- . 0 S - _ A ,! Explain the hardship s. i6k T L/4 (4tt!C: -6.4k1 to /oar r„ Der Fj1P ''woe Property Owner's Name r2Al2F _ Telephone Numberl-76 qc Property Owner's Address 13 —1:4. ( 1) 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 th Applicant permission to conduct such land development is attached hereto. t—es Current Zoning of Property I Current Use i/2 Names and addresses of all adjacent property owners are attached: —s 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 c Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applican 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 governmen 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 $250 or more made by the Applicant t the local government official during the two (2) years immediately preceding the filing of th application for this zoning action. Disclosure of Campaign Contributions form attachment hereto: _ Yes ature of Applic4 . Date NOTE: Other specific data is required for each type of Variance, Fee Amount$ '2-00 > Check Number 4.4+fl to Date 01 - 02- 14 City Official Q 20140213CityCouncilPacket Page 65 of 203 20140206/j1 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 (8) 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 require' information to the best of his/her ability in a truthful and honest manner. • 1i3 S. Y' re of Applicant / Date 20140213CityCouncilPacket Page 66 of 203 20140206/jrl R.B.F. = REBAR FOUND T.S. CHU TERRACE 20' R/W 1/2" R.B.F. --- N 71'00'00" W � S 71'00'00" E --,-- 50.00' \ 130' 50.00' 30' 6 S 71'00'00" E 20'co 60.02' S9.6 Li, CE d ////////// ///T C• L m / co c1 o ii I / , 1 a n / co 0 -op N. 03 0 N. Li Li N liii U / I t cr, - / [] / Q CA t WOOD FENCE BE / o I Q / j s I\ I LANDENG C4 `� EXISTING TWO STORY / 2 �'3 x kl1.31: / FRAME RESIDENOE / Q D L OAT / 3 L% p LA LLJ I / JET. 1 f / a j 3.51 x / -1 / 0.35' / ` / 0 X / ■ / 44 REFERENCES: p f / / I a0D DECK 1. D.B. 259G-509 O ` 9.28 / / ,NCROACHES 2. M.B. 1-193. Cl j - 1_4'////,/, 3. PLAT OF THE WEST r ' 4 �r_ '.ti •" - / SECOND 50' OF LOT 3 BY Z ;.:. - / ... r�� METAL STORAGE 50' B. OTR3EBT, JR. c° , STORY f` a//BLD'G ENCROACHES ;t ..: : .,. //f PORCH ii 0 cj/ DATED 12/17/04. `Jk ,`n-; _' 0.93' •i �/ rj 1/2" R.B.F. , -may 5000 --- N 71'00'00" yrl--,:%2" R.B.F. hiCHAIN LINK FENCE LOT 'D' OF A S/D OF BEACH LOT 106 x--9-F STATE OF GEORGIA CHATHAM COUNTY ° PLAT OF THE EASTERN 30' OF LOT 3 & THE WESTERN 20' OF LOT 4 OF A SUBDIVISION OF BEACH LOT 105, WARD 5, KNOWN AS No 13 T.S. CHU TERRACE, TYBEE ISLAND, GEORGIA. FOR DEBORAH J. BABER & RAYNET lE EVAN S DATE OF SURVEY: SEPTEMBER 15, 2010 GEO R Oyq DATE OF PLAT: SEPTEMBER 16, 2010 GISTER SCALE: 1"= 15 ,�' Ft) IN MY OPINION This PLAT IS A CORRECT Ny 5■REPRESENTATION OF THE LAND PLATTED 0' 15' 30' Ta� i E.O.C. FIELD 1/ 6,768 < ERROR/POINT BERT BARRETT, JR. - • "SUR`J�'�.-s 1 ADJ. METHOD NONE LAND SURVEYING, P.C. 8 BARRti E.Q.C. PLAT 1/ INF. _ 145 RUNNER ROAD TOTAL STATION _TRIMBLE 5600 SAVANNAH, GA. 31410 (912) 897-0661 PROJECT\01764 9-16-10 20140213CityCouncilPacket Page 67 of 203 201402001 U.S.DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE OMB No. 1660-0008 FEDERAL EMERGENCY MANAGEMENT AGENCY National Flood Insurance Program Important: Read the instructions on pages 1-9. Expiration Date:July 31,2015 SECTION A--PROPERTY INFORMATION i...,:' #1*;?1 f f Se sy Al. Building Owners Name DEBORAH J.BABER AND RAYNETTE EVANS , o Y �,, , -x "- S Jl $. a -,a 5�' r�? � ' A2. Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. owe, t' of ' 13 T.S.CHU TERRACE rte,,'° _ � ``k``, ``'• City TYBEE ISLAND State GA ZIP Code 31328 A3. Property Description(Lot and Block Numbers,Tax Parcel Number,Legal Description,etc.) EAST 30'OF LOT 3&THE WEST 20'OF LOT 4 OF A SUBDIVISION OF BEACH LOT 105,WARD 5,TYBEE ISLAND A4. Building Use(e.g.,Residential,Non-Residential,Addition,Accessory,etc.)RESIDENTIAL A5. Latitude/Longitude:Lat.31.99016° Long.80.84920° Horizontal Datum: ❑ NAD 1927 C NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. A7. Building Diagram Number 5 A8. For a budding with a crawlspace or enciosure(s): A9. For a building with an attached garage: s. a) Square footage of crawlspace or enclosures) NIA sq ft a) Square footage of attached garage N/A sq ft b) Number of permanent flood openings in the crawlspace b) Number of permanent flood openings in the attached garage or endosure(s)within 1.0 foot above adjacent grade N/A within 1.0 foot above adjacent grade N/A c) Total net area of flood openings in A8,b NA! sq in c) Total net area of flood openings in A9.b NIA sq in d) Engineered flood openings? ❑ Yes ® No d) Engineered flood openings? ❑ Yes ►Ci No SECTION B-FLOOD INSURANCE RATE MAP(FIRM)INFORMATION 81.NFIP Community Name&Community Number B2.County Name B3.State TYBEE ISLAND,GEORGIA-135164 CHATHAM GA B4.Map/Panel Number B5.Suffix B6.FIRM index Date _ B7.FIRM Panel B8.Flood B9.Base Flood Elevation(s)(Zone 13051 C0326 F 8/05/13 Effective/Revised Date Zone(s) AO,use base depth) 9/26/08 AE B10. Indicate the source of the Base Flood Elevation(BFE)data or base flood depth entered in Item 89. ❑ FIS Profile El FIRM ❑ Community Determined ❑ Other/Source: B11. Indicate elevation datum used for BFE in Item B9: ❑ NGVD 1929 ® NAVD 1988 ❑ Other/Source: B12. Is the building located in a Coastal Barrier Resources System(CBRS)area or Otherwise Protected Area(OPA)? ❑ Yes 0 No Designation Date:N/A ❑ CBRS ❑ OPA SECTION C-BUILDING ELEVATION INFORMATION(SURVEY REQUIRED) Cl. Building elevations are based on: ❑ Construction Drawings` ❑ Building Under Construction'. it Finished Construction 'A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations-Zones A1-A30,AE,AH,A(with BFE),VE,V1-V30,V(with BFE),AR,AR/A,AR/AE,AR/A1-A30,ARIAH,AR/AO.Complete Items C2.a--li below according to the building diagram specified in Item A7.in Puerto Rico only,enter meters. • Benchmark Utilized:eGPS VRS NETWORK Vertical Datum: NAVD88 Indicate elevation datum used for the elevations in Items a)through h)below. ❑NGVD 1929 =' NAVD 1988 ❑Other/Source: Datum used for building elevations must be the same as that used for the BFE. Check the measurement used. a)Top of bottom floor(including basement,crawlspace,or enclosure floor) 10.0 ®feet 0 meters b)Top of the next higher floor 19.9 El feet ❑meters c) Bottom of the lowest horizontal structural member(V Zones only) NIA._ El feet ❑meters d)Attached garage(top of slab) NONE._ ®feet ❑meters e)Lowest elevation of machinery or equipment servicing the building 8.6 ®feet ❑meters (Describe type of equipment and location in Comments) f) Lowest adjacent(finished)grade next to building(LAG) 6.4 tEl feet ❑meters g)Highest adjacent(finished)grade next to building(HAG) 7.2 C feet ❑meters h)Lowest adjacent grade at lowest elevation of deck or stairs,including structural support 6.4 0 feet ❑meters SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor,engineer,or architect authorized by taw to certify elevation information.I certify that the information on this Certificate represents my best efforts to interpret the data available. p I understand that any false statement may be punishable by fine or imprisonment under 18 U.S.Code,Section 1001, 1.�e O RQ,�, C Check here it comments are provided on back of form. Were latitude and longitude in Section A provided by a S° Cheek here if attachments. licensed land surveyor? El Yes 0 No fe A.),,, q�`O Certifier's Name BERT B.BARRETT,JR License Number GA.2225 Po. -225 Title OWNER/PRESIDENT Company Name BERT BARRETT,JR LAND SURVEYING PC 0 Address 1446 NN r ROAD City SAVANNAH State GA ZIP Code 31410 0 "lit,. �{C3j Date 9/11/13 Telephone 912-897-0661 �/�► 'CI 8U{ I�F Signature � - \ Q .. -- ;,__,...) FEMA Form 086-0-33(7/12) 1 See reverse side for continuation. Replaces all previous editions, 20140213CityCouncilPacket Page 68 of 203 20140206/jrl ELEVATION CERTIFICATE, page 2 IMPORTANT:In these spaces,copy the corresponding information from Section A. FORINSURANCE COMPANY USE Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.O.Route and Box No. Policy Number: 13 T.S.CHU TERRACE City TYBEE ISLAND State GA ZIP Code 31328 Company NAIC Number:'; SECTION D-SURVEYOR,ENGINEER,OR ARCHITECT CERTIFICATION(CONTINUED) Copy both sides of this Elevation Certificate for(1)community official,(2)insurance agent/company,and(3)building owner. Comments 1.GOOGLE EARTH USED TO OBTAIN LAT/LONG. 2.THE ELEVATION SHOWN IN C2 e)IS THE LOWEST OUTSIDE HEATPUMP UNIT(CONDENSOR). 41) %/- 1•110Avo 'a. Signature Date 9/11/13 SECTION E-BUILDING ELEVATION INFORMATION(SURVEY NOT REQUIRED)FOR ZONE AO AND ZONE A(WITHOUT BFE) For Zones AO and A(without BFE),complete Items E1-E5.If the Certificate is intended to support a LOMA or LOMR-F request,complete Sections A,B, and C.For Items E1-E4,use natural grade,if available.Check the measurement used.In Puerto Rico only,enter meters. E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade(HAG)and the lowest adjacent grade(LAG). a)Top of bottom floor(including basement,crawlspace,or enclosure)is N/A. ®feet ❑meters ❑above or❑below the HAG. b)Top of bottom floor(including basement,crawispace,or enclosure)is NIA. ®feet ❑meters ❑above or❑ below the LAG. E2. For Building Diagrams 6-9 with permanent flood openings provided in Section A Items 8 and/or 9(see pages 8-9 of Instructions),the next higher floor (elevation C2.b in the diagrams)of the building is N/A. ®feet ❑meters ❑above or ❑below the HAG. E3. Attached garage(top of slab)is N/A. ®feet ❑meters ❑above or ❑below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is N/A. ®feet ❑meters ❑above or❑below the HAG. E5. Zone AO only: If no flood depth number is available,is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? ❑Yes ❑ No ❑ Unknown.The local official must certify this information in Section G. SECTION F-PROPERTY OWNER(OR OWNER'S REPRESENTATIVE)CERTIFICATION The property owner or owner's authorized representative who completes Sections A,B,and E for Zone A(without a FEMA-issued or community-issued BFE) or Zone AO must sign here.The statements in Sections A,8,and E are correct to the best of my knowledge. Property Owner's or Owner's Authorized Representative's Name N/A Address N/A City N/A State NA ZIP Code N/A Signature N/A Date N/A Telephone N/A Comments N/A ❑Check here if attachments. SECTION G-COMMUNITY INFORMATION(OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A,B,C(or E),and G of this Elevation Certificate.Complete the applicable item(s)and sign below.Check the measurement used in Items G8-G10.In Puerto Rico only,enter meters. G1.❑ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor,engineer,or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2. ❑ A community official completed Section E for a building located in Zone A(without a FEMA-issued or community-issued BFE)or Zone AO. G3.❑ The following information(Items G4-G10)is provided for community floodplain management purposes. G4.Permit Number G5. Date Permit Issued G6. Date Certificate Of Compliance/Occupancy Issued N/A N/A N/A G7. This permit has been issued for: ❑New Construction ❑Substantial Improvement G8. Elevation of as-built lowest floor(including basement)of the building: N/A. ®feet ❑meters Datum G9. BFE or(in Zone AO)depth of flooding at the building site: N/A. EI feet ❑meters Datum 010.Community's design flood elevation: N/A. ®feet ❑meters Datum Local Official's Name N/A Title N/A Community Name N/A Telephone NIA Signature N/A Date N/A Comments N/A ❑Check here if attachments. FEMA Form 086-0-33(7/12) Replaces all previous editions. 20140213CityCouncilPacket Page 69 of 203 20140206/jrl ELEVATION CERTIFICATE, page 3 Building Photographs See Instructions for Item AS. IMPORTANT:In these spaces,copy the corresponding information from Section A. I FOR INSURANCE COMPANY USE Building Street Address(including Apt.,Unit,Suite,and/or Bldg.No.)or P.0, Route and Box No, Policy Number: 13 T.S.CHU TERRACE City TYBEE ISLAND State GA ZIP Code 31328 Company NAIL Number: If using the Elevation Certificate to obtain NFIP flood insurance, affix at least 2 building photographs below according to the instructions for Item AS. Identify all photographs with date taken; "Front Views' and "Rear View"; and, if required, "Right Side View" and "Left Side View." When applicable, photographs must show the foundation with representative examples of the flood openings or vents, as indicated in Section AS. If submitting more photographs than will fit on this page,use the Continuation Page. REAR VIEW ' FRONT VIEW ,: !il f_ _P� ;spa *r .'p,_. , __ _ ii _. _ ....._ .... ---- „,, . . . _ , 1 , .. .. ._ . _. , ._ .. . _ _.... .. . „. _ i____ 1 I .: ill J .� s___. —— edema. Awl. _ . ...4...4: .Vii• s 'I{,' I 'y t "r - i y y'1 Al)E 5 i! S r - 2013J09;'i _ RIGHT SIDE VIEW LEFT SIDE VIEW FEMA Form 088-0-33(7/12) Replaces all previous editions. 20140213CityCouncilPacket Page 70 of 203 20140206/jrl --D Dianne Otto From: rogletree @comcast.net Sent: Tuesday, December 03, 2013 8:30 AM To: Ray Hord Cc: Dianne Otto Subject: 13 T.S. Chu Attachments: BABER FLOOD SIDE ELEVATION.pdf; BABER FLOOD SECTION.pdf Ray and Dianne, We have decided to raise the home enough to get the ductwork underneath the beams at 13 T.S. Chu. We will modify the roof peak as required to meet the 35' height limit. See the attached two drawings showing the revision. Mr. Neal, the house mover, needs to get started to stay on his schedule. Could we get approval to begin this set up based upon the submitted information? Thanks for your help. Roy Ogletree 856-2774 -7)tr A- \3- 0 (40C 55-v al5/2o13 e\e_./o e c L)re,. 20140213CityCouncilPacket Page 71 of 203 20140206/jrl 1 / 39 5551 .4 LATTENE ROOF AREA W© cJ} `a �'R S` V(c e: v ea L.,1 ;43-, • ii.( /Z tit 3 ee, a: l -Pr o kOy 05lQ4ree- 35 0000 FIRST FI OOR FIRISHFO Fl OOR F1 FV. = 17 458114 SIDING/BAND Y ORIGINAL AVG. GRADE LEVEL BASF FnOO FLEA-o12"- 150 BASF FI005 ELEV.= 144 A - AVG GPAFIF I FVFI. EL FV. = 6.8.75 PROPOSED BUILDING HEIGHT — SIDE VIEW SCALE:1/4. 1'-9• 7.5328 / -4 / 1.5593 TFAREA i 35.0090 HVAC FLEX DUCTS BETWEEN JOISTS 8"X 24° INSULATED HVAC MAIN DUCT HVAC FLOOR GRILLES LOWEST STRUCTURAL BEAM FOR HEADROOM FINISHFD FLOOR ELEV = 17 4583 1) J Li i 6/1 5i_} L - _ _ I BASE FLOOD FLEV.+12" = 1500 BASE FI ODD FLEV. = 1400 105832 r - C 1 Di MASONRY COLUMNS ( 0 ) 9.1249 PROPOSED BUILDING SECTION SCALE : 1/4W= 11-0" 20140213CityCouncilPacket Page 72 of 203 20140206/jr1 of,d EE rs``'' City of Tybee Island, Georgia 912-472-5030 • Fax 912-786-9539 APPLICATION FOR BUILDING PERMIT ,A, , ,,..% (r )) Tp\-,,,v Property Address: . C . - tr' 4 c PIN: 4— —CVO q-04 — (906 Name Mailing Address - Telephone Owner 12F130 PAM C5Ar3iz. i3 175;.. Cf-4U I izA6- Home: 1'03/- ist,Am . (--Q. Cell47 8,7S7_ 127(P Architect or 0C,- Lettz E 2ii 13 .io(-4,U,U'y'11-7E'12cf:( 8"Lvt)- Office: 3 g,- 04oCp Engineer 51 r_N/ /AJ G, SAvAlu,JAr4/ e 3 i 4 to Cell: gs6, _- 2-7 74 Contra ctor 62 C'i, r • Office: 35`q -0400 1(,_ _ riA 3 A.) iNGs `i_ Cell: f�S( — 7 `�- Check all that apply Single Family ❑ Discovery/Tearout ❑ Demolition or Relocation ❑ Duplex ❑ Footprint Changes .ether 1U20,--) ={,c177A/�5` ❑ Multi-Family units ❑ additional square ❑ * Commercial unit(s) feet heated/cooled t —c C7Nld C.i1 fr1-E. p. D r it is Q,k- b ,-fov * A commercial project requires 2 sets of sealed drawings by a design professional and construction by a contractor with the appropriate State of Georgia professional license. A commercial project may require Site Plan Approval. Details of Project: 'E — 13i)r ( -rte rjGit i Ai w G,e)- '1'J S 1 .r--/,�,2 k/ PE 1211 ' JS - l �' j f �— 11'1 f f` 14 / t L z- G, .- r[__v B/N Estimated Cost of Construction: $ (a 01 , 06 (materials + labor+ profit/overhead) If applicable, attach a copy of the certified elevation certificate and/or survey of the property. Depending upon the scope of the work, two sets of construction drawings and/or a site plan may be required. Year Built: ( 1 Listed on National Historic Register or located within a National Historic District? Y / N • Buildings older than 50 years may be eligible to be listed on the State/National Register. With this designation, you may be eligible to take advantage of various tax incentive programs while preserving the heritage of Tybee Island. • Also see the Tybee Island Land Development Code Article 14: Historic Preservation During construction: On-site restroom facilities will be provided through �5/ ,,i'/ le)AJ 5 . Construction debris will be disposed by 0 ,,j.f 172.i- ea/J 4-7`, by means of p. ;r1 p •f p_;.i ,lizhl understand that I must comply with zoning, flood damage control, building. fire, shore protection and wetland ordinances, FEMA regulations and all applicable codes and regulations. I realize that I must ensure the adequacy of drainage of this property so that surrounding property is in no way adversely affected as required by Article 16, Stormwater Management. I accept responsibility for any corrective actions that may be necessary to restore drainage impaired by this permitted construction. .5 bs�0.,-- .-: rer-+dvo.- s,r, Date: 3 / Signature: �' FEES (C--"I'a..4`�a rintd Name of A lic.. Permit 546. pp I —-= -� Inspections 1g/ Note: A permit normally takes 7 to 10 days to process. Processing time for a Cap. Cost Rec. _ historic structure may be longer. Water Tap Sewer Stub Approvals: -Signat Date Eng. 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F- c� O c7 CC W Z r. 4 U) ~ (J1 (/) V) H 0 W CCI=1 w CC Z W W O ~ U O O Q U U U w i— v w Li 0 0 F- Q J Li � M lU LLU O CO ca J J � Q M 4 W (n U1 W O La L i U LU CC 4 I CC O O '- ° a o , = U Lil O • U 0 O N J 20140213CityCouncilPacket Page 81 of 203 20140206/jrl 1 - g O W I � 0 �osa U W M°GQ , U ud I m taco m w c9 11.11 in Vol W Uj cc •-est z s w Z J s a a°'' OC w N rn Q cz) 0 I S c x L..I cc) W W o J e" Lo lJ o CO V) 1- CO m yr W 1 p w Q W W W ca L Q 03 w o U-) I't") 0J W U W - U F�- a- LA- W O 0 c3 Ix ca (. N C,) W W Q W I w _O N w U � W Q In CX w b- O O Q J L.. J W W 0 C7 W w U 4 X Y W I U Q W IX U w w O Go � w w • W • : Q Iz / o l•-.17E 20140213CityCouncilPacket Page 82 of 203 20140206/jrl MAYOR ,cisa CITY MANAGER Jason Buelterman _ fJ Diane Schleicher CITY COUNCIL - CITY CLERK Wanda Doyle,Mayor Pro Tern i Janet LeViner Barry Brown Rob Callahan ' CITY ATTORNEY Bill Garbett fy� Edward M.Hughes Monty Parks I �*,` Paul Wolff 1tr„slives 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: February 13, 2014 Item: Public Hearing—First Reading Explanation: Text Amendment— Ordinance 16-2014; Section 9-050, Technical Codes Adopted; City of Tybee Island, petitioner; consideration of change to copper wire requirement Budget Line Item Number(if applicable): N/A Paper Work: Attached* Ai 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: February 4, 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 y1�ss B L�Lyy 20140213CityCouncilPacket Page 83 of 203 20140206/jrl ■ PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: January 21, 2014 Project Name/Description: Section 9-050—Technical Codes Adopted Action Requested: Text Amendment 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 X 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 Absent Borkowski X Motion to approve Bramble X Marion X Vice Chair McNaughton X Second The Planning Commission recommends: /1 Approval n Denial ❑ Continued f Planning Commission Chair` Date: Planning& Zoning Manager: ' Date: 1 ' 2 2 - 14' 20140213CityCouncilPacket Page 84 of 203 20140206/jr1 CURRENT ORDINANCE Sec. 9-050. Technical codes adopted. (B) Adopted in addition to the technical codes of section 9-050 (A) is a local requirement that all electrical wiring, service included, must be copper wire. No aluminum wiring is allowed. PROPOSED ORDINANCE - REDLINE Sec. 9-050. Technical codes adopted. 01/12/2014 20140213CityCouncilPacket Page 85 of 203 40 06/jrl ORDINANCE NO. 16-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA DELETING SECTION 9-050(B), TECHNICAL CODES ADOPTED 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, and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers,and WHEREAS, the City of Tybee Island desires to amend Section 9-050 by deleting subparagraph (B)in its entirety; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island: SECTION 1 Section 9-050, technical codes adopted, shall be amended to delete subparagraph (B) in its entirety. 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 illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. 20140213CityCouncilPacket Page 86 of 203 20140206/jr1 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/16-2014 Sec 9-050 technical codes adopted to delete(B)—0131.14 20140213CityCouncilPacket Page 87 of 203 20140206/jrl MAYOR c5 CITY MANAGER Jason Buelterman aLjj Diane Schleicher CITY COUNCIL (_, _ CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett ryr Edward M.Hughes Monty Parks {' t 00 0,,s. 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: February 13, 2014 Item: Public Hearing—First Reading Explanation: Text Amendment—Ordinance 17-2014; Section 3-060, Bed & Breakfast Regulations; City of Tybee Island, petitioner; consideration of amendment to requirements for bed & breakfasts Budget Line Item Number (if applicable): N/A Paper Work: L Attached* Audio/Video Presentation** Electronic submissions are requested but not required. Please email to jleviner @cityoftybee.org. ** Audio/video presentations nzust 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: February 4, 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 's�� ���� 20140213CityCouncilPacket Page 88 of 203 2040 /jrl 4 ') x, a PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: January 21, 2014 Project Name/Description: Section 3-060(A)(9), Bed and Breakfast (Residential), Parking for Special Events Action Requested: Text Amendment _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 X 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 Absent Borkowski X Second Bramble X Motion to approve with revisions Marion X Vice Chair McNaughton X 1 The Planning Commission recommends: Approval ❑ Denial ❑ Continued Planning Commission Chair: Date: t Planning& Zoning Manager: a Date: —12-14 20140213CityCouncilPacket Page 89 of 203 20140206/jr1 Sec. 3-060. Bed and breakfast regulations. There are two types of bed and breakfast uses defined in this Land Development Code, a bed and breakfast and a bed and breakfast inn. A bed and breakfast is permitted in certain residential areas and intended to be residential in nature. Any slight diversion from the bed and breakfast parameters will change a residential use to a commercial use. A bed and breakfast inn is intended for commercial districts only. Therefore, there can be no variance from the regulations specific to a bed and breakfast. Such a variance will alter the use of the property and thus require a change in the zoning district. The regulations that list requirements for both types of bed and breakfast uses are as follows: (A) Bed and breakfast(residential). (1) Limited to no more than seven rental units consisting of sleeping and sanitary accommodations, and one dwelling unit to be owner occupied. (2) The owner is required to live on premises and agree to make available proof of residency. (3) Food service limited to breakfast for guests only and to be served between the hours of 5:00 a.m. to 12:00 noon and an afternoon snack. (4) Under no circumstances will an alcoholic beverage license be issued. (5) No less than one e#-street vehicle parking space per rental unit, and a minimum of two vehicle parking spaces for the owner are required on the property. Handicapped parking shall be provided as required by the O.C.G.A. Title 30 Accessibility Code. (6) A buffer is required with a minimum height of six feet within each of the side and rear yard setbacks. (7) One on-premises sign, not to exceed 12 square feet, may either be posted on the structure or on a post. A post sign may not exceed a height of six feet from the highest point of the sign. A post sign is to be located no nearer than ten feet of the right-of-way. No signs are to be allowed that are illuminated from within. Post signs may be downlit with no more than two spotlights with a maximum wattage of 75 watts per bulb located on each side of the sign. Signs posted on structure may be lit with no more than one spotlight with wattage not to exceed 75 watts. All sign designs must be submitted as a part of the conditional use permit drawn. (8) A limited site plan approval is required to show the number and location of guest rooms, the parking plan, and the proposed design for the buffer. All site plans must be submitted on or along with a valid survey of the property. (9) Small special events are permitted not to exceed 20 guests upon completion of a special review to include standards and restrictions to hours of operation, and requirements with respect to lighting, parking, signage, and buffering so as not to unreasonably interfere with the residential uses of abutting properties. During a special event the total number of guests on the property shall not exceed 20 people, including all occupants of rental units and all non-occupants attending a special event. Regardless of intent to shuttle people to __ _ _ - ___ . A parking and/or shuttle plan for special events is required and may include off-site parking arranged by the owner, subject to approval under special review. Handicapped parking shall be provided as required by the O.C.G.A. Title 30 Accessibility Code. (10) A public hearing before the mayor and council is required. This permit is only valid as long as all conditions specified are met. Any permitted use must adhere to the approved standards, restrictions and parking plans and any other conditions imposed by the mayor and council. (B) Bed and breakfast inns (commercial). These land uses are subject to an approved site development plan as required for all commercial development under Section 5-080. 01/28/2014 20140213CityCouncilPacket Page 90 of 203 20140206/jrl ORDINANCE NO. 17-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA AMENDING SECTION 3-060, BED AND BREAKFAST REGULATIONS 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, and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island desires to amend Section 3-060, bed and breakfast regulations, to clarify its content; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island: SECTION 1 Section 3-060, bed and breakfast regulations, shall be amended so that it will hereafter read as follows: Sec. 3-060. Bed and breakfast regulations. There are two types of bed and breakfast uses defined in this Land Development Code, a bed and breakfast and a bed and breakfast inn. A bed and breakfast is permitted in certain residential areas and intended to be residential in nature. Any slight diversion from the bed and breakfast parameters will change a residential use to a commercial use. A bed and breakfast inn is intended for commercial districts only. Therefore, there can be no variance from the regulations specific to a bed and breakfast. Such a variance will alter the use of the property and thus require a change in the zoning district. The regulations that list requirements for both types of bed and breakfast uses are as follows: (A) Bed and breakfast(residential). (1) Limited to no more than seven rental units consisting of sleeping and sanitary accommodations, and one dwelling unit to be owner occupied. (2) The owner is required to live on premises and agree to make available proof of residency. (3) Food service limited to breakfast for guests only and to be served between the hours of 5:00 a.m. to 12:00 noon and an afternoon snack. 20140213CityCouncilPacket Page 91 of 203 20140206/jrl (4) Under no circumstances will an alcoholic beverage license be issued. (5) No less than one vehicle parking space per rental unit, and a minimum of two vehicle parking spaces for the owner are required on the property. Handicapped parking shall be provided as required by the O.C.G.A. Title 30 Accessibility Code. (6) A buffer is required with a minimum height of six feet within each of the side and rear yard setbacks. (7) One on-premises sign, not to exceed 12 square feet, may either be posted on the structure or on a post. A post sign may not exceed a height of six feet from the highest point of the sign. A post sign is to be located no nearer than ten feet of the right-of-way. No signs are to be allowed that are illuminated from within. Post signs may be downlit with no more than two spotlights with a maximum wattage of 75 watts per bulb located on each side of the sign. Signs posted on structure may be lit with no more than one spotlight with wattage not to exceed 75 watts. All sign designs must be submitted as a part of the conditional use permit drawn. (B) A limited site plan approval is required to show the number and location of guest rooms, the parking plan, and the proposed design for the buffer. All site plans must be submitted on or along with a valid survey of the property. (9) Small special events are permitted not to exceed 20 guests upon completion of a special review to include standards and restrictions to hours of operation, and requirements with respect to lighting, parking, signage, and buffering so as not to unreasonably interfere with the residential uses of abutting properties. During a special event the total number of guests on the property shall not exceed 20 people, including all occupants of rental units and all non-occupants attending a special event. A parking and/or shuttle plan for special events is required and may include off-site parking arranged by the owner, subject to approval under special review. Handicapped parking shall be provided as required by the O.C.G.A. Title 30 Accessibility Code. (10) A public hearing before the mayor and council is required. This permit is only valid as long as all conditions specified are met. Any permitted use must adhere to the approved standards, restrictions and parking plans and any other conditions imposed by the mayor and council. (B) Bed and breakfast inns (commercial). These land uses are subject to an approved site development plan as required for all commercial development under Section 5-080. 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 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. 20140213CityCouncilPacket Page 92 of 203 20140206/jrl 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/17-2014 Sec 3-060 bed and breakfast regulations 01.31.14 20140213CityCouncilPacket Page 93 of 203 20140206/jr1 MAYOR 007.7r5-W---N CITY MANAGER Jason Buelterman L G Diane Schleicher CITY COUNCIL r CITY CLERK Wanda Brown,Mayor Pro Tern ` I Janet LeViner Barry Rob Callahan I J / CITY ATTORNEY Bill Garbett ` Edward M.Hughes Monty Parks ` ,4 i w, Paul Wolff '" soc '� 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: February 13, 2014 Item: Public Hearing—First Reading Explanation: Text Amendment—Ordinance 12-2014; Section 3-160, Protective Screening of Adjacent Property where Commercial Use and Residential Use Abut; City of Tybee Island, petitioner; consideration of amendment to buffering requirements Budget Line Item Number (if applicable): N/A Paper Work: Ai 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: February 4, 2014 * * 7k 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 '41.1 4�y� 20140213CityCouncilPacket Page 94 of 203 01 206/jr1 G PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: January 21, 2014 Project Name/Description: Section 3-160 Protective Screening of Adjacent Property Action Requested: Text Amendment 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 X 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 Absent Borkowski X Second Bramble X Motion to approve Marion X Vice Chair McNaughton X The Planning Commission recommends: ® Approval ❑ Denial n Continued (' _ r z _z `Planning Commission Chair:°_° Date: Planning& Zoning Manager: �., J ie) Date: I 2/ —(14' 20140213CityCouncilPacket Page 95 of 203 20140206/jr1 Sec. 3-160. Protective screening of adjacent property where commercial use and residential use abut. (C) A change in the kind, character or degree of use of improved property is proposed, and there is no existing buffer in place on the property that is to be improved or any existing buffer on such property would not meet the requirements below, the owner or applicant shall be required to seek special review unless a buffer satisfying the following requirements is met: (1) Basic requirements. a. An arboreal landscaped buffer not less than five feet wide with a well maintained masonry wall or privacy fence no less than eight feet in height above grade shall be provided and properly maintained along its entire length by the users of the property to be built upon or expanded. Such buffer shall be planted with deciduous trees, evergreens,flowering trees, ornamental trees, or any combination of the same not set further than ten feet apart at any given point along the buffer. The buffer shall be measured from the property line of the property to be improved. In no instance will a street, sidewalk or other like improvement be permissible as a buffer. In no instance will a dumpster or mechanical unit be permitted in a buffer. b. The area beneath and between the planted trees shall be kept free of foreign debris and unmanaged undergrowth.All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. c. All planting plans shall be first submitted to the city zoning department during the review process for approval of the planting materials and arrangement thereof in accordance with the provisions of this Land Development Code. (2) Special review. In any the case of any plans or proposed plans which do not meet the requirements of subsection section (1) hereof, special review shall be required for __ _ _• • __ -•e - __ _ _ - - • • council may treat the proposed plan as requesting special review which shall be required in connection therewith;, Tthe mayor and council may impose conditions or buffers designed to protect the properties including adding or reducing buffer requirements, restricting or expanding uses within the buffer area, additional or reduced fencing, vegetation and/or any other restrictions or conditions reasonably designed to protect the abutting property as well as the property sought to be improved. (3) For the special review referred to above, such review shall be combined with the site plan application filed with any proposed application for site plan review in connection with improvements, changes, or additions to any commercial use to abut a_residential use. No separate public hearing shall be required for the special review nor any additional filing fee required of the applicant. It is the intention hereof that council conduct special review of the landscaping application if it differs from those conditions specified by Sec. 3-160(C)(1) in every case in connection with the site plan application. 20140213CityCouncilPacket Page 96 of 203 20140206/jrl ORDINANCE NO. 12-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES REGARDING SECTION 3-160(C)(1) and (2), BASIC REQUIREMENTS AND SPECIAL REVIEW, FOR THE CITY OF TYBEE ISLAND, GEORGIA 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, and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers, and WHEREAS, the governing authority desires to amend Sec. 3-160(C)(1) and (2) of the Code in order to clarify said subsections and for other purposes; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 3-160(1) and (2), Basic Requirements and Special Review, of the Code of Ordinances of the City of Tybee Island shall be amended for purposes of clarification. SECTION 1 Section 3-160(C)(1)and(2)will be amended to hereafter read as follows: Sec. 3-160. Protective screening of adjacent property where commercial use and residential use abut. (C) A change in the kind,character or degree of use of improved property is proposed, and there is no existing buffer in place on the property that is to be improved or any existing buffer on such property would not meet the requirements below, the owner or applicant shall be required to seek special review unless a buffer satisfying the following requirements is met: (1) Basic requirements. a. An arboreal landscaped buffer not less than five feet wide with a well maintained masonry wall or privacy fence no less than eight feet in height above grade shall be provided and properly maintained along its entire length by the users of the property to be built upon or expanded. Such buffer shall be planted with deciduous trees, evergreens,flowering trees,ornamental trees, or any combination of the same not set further than ten feet apart at any given point 20140213CityCouncilPacket Page 97 of 203 20140206/jr1 along the buffer. The buffer shall be measured from the property line of the property to be improved. In no instance will a street, sidewalk or other like improvement be permissible as a buffer. In no instance will a dumpster or mechanical unit be permitted in a buffer. b. The area beneath and between the planted trees shall be kept free of foreign debris and unmanaged undergrowth.All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. c. All planting plans shall be first submitted to the city zoning department during the review process for approval of the planting materials and arrangement thereof in accordance with the provisions of this Land Development Code. (2) Special review. In any case of any plans or proposed plans which do not meet the requirements of subsection section (1)hereof, council may treat the proposed plan as requesting special review which shall be required in connection therewith. The mayor and council may impose conditions or buffers designed to protect the properties including adding or reducing buffer requirements,restricting or expanding uses within the buffer area, additional or reduced fencing,vegetation and/or any other restrictions or conditions reasonably designed to protect the abutting property as well as the property sought to be improved. (3) For the special review referred to above, such review shall be combined with the site plan application filed with any proposed application for site plan review in connection with improvements,changes,or additions to any commercial use to abut a residential use. No separate public hearing shall be required for the special review nor any additional filing fee required of the applicant. It is the intention hereof that council conduct special review of the landscaping application if it differs from those conditions specified by Sec.3-160(C)(1) in every case in connection with the site plan application. SECTI©N 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 illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. 20140213CityCouncilPacket Page 98 of 203 20140206/jr1 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/2013/39-2013 Sec 3-160-basic requirements,special review-11,18,13-clean Tybee/Ordinances/2014/12-2014 Sec 3-160-basic requirements,special review-renumbered 01.06.14 20140213CityCouncilPacket Page 99 of 203 20140206/jr1 MAYOR CITY MANAGER Jason Buelterman % ,� Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern dr Janet LeViner Barry Brown k 9 Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks 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: February 13, 2014 Item: Public Hearing—First Reading (see Comments below) Explanation: Text Amendment—Ordinance 18-2014; City of Tybee Island, petitioner; to consider possible changes to the following sections of Article 3, General Provisions: Sec. 3-020. Continuance of nonconforming uses/structures. Sec. 3-030. Reduction in lot area. Sec. 3-040. Substandard lots of record. Sec. 3-090. Schedule of development regulations. Sec. 3-110. Single-family residential standards/manufactured home standards/recreational vehicle standards. Sec. 3-120. Access to public street required. Sec. 3-130. Structures to be moved. Sec. 3-140. Unsafe structures. Sec. 3-150. Prohibited uses in residential districts. Sec. 3-165. Greenspace. Sec. 3-170. Home occupations and home business offices. Sec. 3-190. Swimming pool requirements and placement. Sec. 3-230. Turtle nesting protection. Sec. 3-240. Wetlands protection. Paper Work: 4 Attached* Audio/Video Presentation** Submitted by: Dianne Otto Phone/Email: (912) 472-5031 / dotto@cityoftybee.org Comments: No changes are proposed to these sections of Article 3. This Text Amendment is precautionary due to the method used to advertise Public Hearings for Article 3 in 2010 and 2011. Date given to Clerk of Council: February 4, 2014 * * * P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 , City of Ethics jf www.cityoftybee.org 't�►��1 20140213CityCouncilPacket Page 100 of 203 20'14�0 /jrl ORDINANCE NO. 18-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES REGARDING ARTICLE 3, GENERAL PROVISIONS, FOR THE CITY OF TYBEE ISLAND, GEORGIA 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, and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers, and WHEREAS, the governing authority desires to amend Article 3, General Provisions; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Article 3, General Provisions, of the Code of Ordinances of the City of Tybee Island shall be amended for purposes of clarification. SECTION 1 Article 3, General Provisions,will be amended to hereafter read as follows: ARTICLE 3. GENERAL PROVISIONS Sec. 3-020. Continuance of nonconforming uses/structures. Sec. 3-030. Reduction in lot area. Sec. 3-040. Substandard lots of record. Sec. 3-090. Schedule of development regulations. Sec. 3-110. Single-family residential standards/manufactured home standards/recreational vehicle standards. Sec. 3-120. Access to public street required. Sec. 3-130. Structures to be moved. Sec. 3-140. Unsafe structures. Sec. 3-150. Prohibited uses in residential districts. Sec. 3-165. Greenspace. Sec. 3-170. Home occupations and home business offices. Sec. 3-190. Swimming pool requirements and placement. 20140213CityCouncilPacket Page 101 of 203 20140206/jrl Sec. 3-230. Turtle nesting protection. Sec. 3-240.Wetlands protection. Sec.3-020.Continuance of nonconforming uses/structures. (A) Any structure or use existing at the time of the enactment of the ordinance, March 24, 1971, from which this Land Development Code is derived or an amendment to this Land Development Code, although that structure or use does not conform to the provisions hereof, may be continued as a nonconforming use or structure and structural repairs may be made to any such nonconforming structure, provided however, no such nonconforming use or structure shall in any way be expanded or extended and all work meets all applicable building, state, and federal, regulations including those set forth by FEMA. Whenever a nonconforming structure or use of structure becomes vacant or remains unoccupied owing to abandonment or discontinuance for a period of six months, such structure or use shall thereafter be made to conform to the provisions of this Land Development Code. Any nonconforming structure or use which is damaged by fire, flood, hurricane, explosion, earthquake, war, riot, or any act of God, may be restored, reconstructed and continued as the same nonconforming use and structure as existed before such damage, provided however, that a building permit to initiate restoration must be obtained within six months of the occurrence of damage, and if no such permit is obtained then only a conforming use or structure will be allowed upon the property. Provided further, however, that the mayor and council may grant an extension of this six-month period in their discretion. (B) (1) 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. (2) Any residentially used nonconforming structure may be demolished and rebuilt only if the rebuilt structure will be contained within the same nonconforming ground footprint as existed before demolition; such new structure will maintain the historic character and substance of the pre- existing structure; and the new structure will not exceed the square footage of the prior structure by more than 50 percent. (C) A nonconforming commercially used structure in a residential zone may not be extended or expanded physically and the nonconforming use may not be expanded or increased. No variance may be granted to the terms of this subsection. (Ord. Correction to dates, amended 4-14-2005; Ord. No. 2005-04, amended 4-14-2005; Ord. No. 10- 2011 4-14-2011) Sec.3-030.Reduction in lot area. No lot shall be reduced in area so as to result in less than the minimum lot area required under this Land Development Code; however, lots may be reduced in area upon approval of mayor and council provided: (A) That the lot or lots as reduced will be consistent with the existing density and development pattern. (B) That the lot or lots as reduced permits and maintains, without any variance, the required front, side, and rear yard setbacks. (C) That the lot or lots as reduced is/are, or will be, connected to city water and sewer. (Ord. Correction to dates, amended 4-14-2005; Ord. No. 30-2010, 10-28-2010) Sec.3-040.Substandard lots of record. 20140213CityCouncilPacket Page 102 of 203 20140206/jrl Any lot of record existing at the time of the adoption of the ordinance from which this section is derived, March 24,1971, which has a lot area which is less than that required by this Land Development Code shall be subject to the following: (A) No substandard lot may be developed unless it is to be served by public water and sewer and all minimum front, side, and rear yard setbacks as required by this Land Development Code are met or a variance is granted pursuant to Section 5-090 (B) A single lot which has an area less than that required by these regulations may only be developed as a building site for a single-family dwelling. (Ord. No. 2002-26, 12-12-2002; Ord. Correction to dates, amended 4-14-2005; Ord. No. 2002-26 Substandard lots of records, amended 2-5-2003; Ord. No. 01-2011, 1-13-2011) Sec.3-090.Schedule of development regulations. A. Schedule of residential district dimensional requirements. Zoning Minimum Lot Area (square feet) Minimum Yard Maximum District Setback Structure Distance (feet) Height (feet) Single- Two-Family Multi Family Front Rear Side — Family R-1 12,000 Not Not permitted 20 20 10 35 permitted R-1-B 6,600 Not Not permitted 20 10 10 35 permitted R-2 4,500 6,750 Not permitted 20 10 10 ,35 RT 7,000 18,000 8,000 buildable to 80%of the 20 20 10 35 property exclusive of the setbacks (1) In any residential district (R-I, R-I-B, R-2 and AT) where the average front setback distance for existing buildings on all lots located wholly or partly within 200 feet to each side of any lot, and within the same zoning district and fronting on the same side of the same street and on the same block as such lot, is less than the minimum setback required in such zoning district, the front setback on such lot may be less than the required setback but not less than the existing average setback distance for all lots within 200 feet to each side, provided that in no case shall the front setback on new construction be less than ten feet. When lots within 200 feet on each side are vacant such vacant lots shall be considered as having the minimum required setback for the purpose of computing an average setback distance. When existing structures on lots within 200 feet on each side exceed minimum front setback required in such zoning district, the required setback shall be used for the purpose of computing an average setback distance. See illustration and table for visual clarification. 20140213CityCouncilPacket Page 103 of 203 20140206/jrl A 18° A 18' B 20' B 20' 200' �' 200' C 16' 60' 90' 60' 60' 60' 60' 60' C 16' T T 1 7 T- 7 i E 14' ■ street E 16' F 20' Vacant ( - F 20' R-2 lot G N/A G N/A A B C 0 E F G 178=10=17.8' front setback allowed on Lot D B. Schedule of other than residential districts (commercial, maritime and transitional business- residential) dimensional requirements. k Zone Minimum Lot Area Front Rear(feet) Side (feet) Maximum (square feet) Yard Structure Height (feet) C- (Not applicable to 0 None required except f None required except 35 1(A)*** allowed uses) 15 feet if bordering 15 feet if bordering residential use. residential use. C-1(B) (Not applicable to 8 6 5 35 allowed uses) C-1(C) 4,500 Single- 120 10 10 35 Family 6,750 Two-Family 1,125 per unit Multi-Family C-2 (Not applicable to 10 6 16 35 commercial uses) M-D (Not applicable to 20 10 10 35 allowed uses) TBR 4,500 Single- 20 10 10 35 Family 6,750 Two-Family *When abutting public streets, any principal structure shall be located no nearer than five feet to that lot line. 20140213CityCouncilPacket Page 104 of 203 20140206/jrl `Where a commercial establishment abuts a residential zoning, a suitable screen will be required. See section 3-160. This screen shall be either natural (planting) or manmade and shall be maintained in good order and approved by the zoning administrator. Minimum height is six feet. C-1(A) Retail uses and food/beverage service uses. C-1(B) Hotel and motel uses, with 80 percent maximum lot coverage. C-1(C) Residential uses, including single-family, two-family, and multi-family (triplexes, quadraplexes,townhomes, apartments, tourist homes, condominiums, timeshares, and similar uses), bed and breakfast uses, and public structures. C. Structures above 35 feet. If a variance is granted by the mayor and council for a building with a height in excess of 35 feet, in no event shall a building permit be granted without the following restrictions: (1) Structures greater than 35 feet in height shall be fully equipped with fire safe guards consisting of sprinkler systems, smoke detectors and any other fire protection measures deemed necessary at the time by the mayor and council. (2) Before a permit can be granted on said request, an affidavit of the builder and owner must be executed agreeing to same to be completed within an agreed upon reasonable time. (Ord. No. 1995, 12-7-1995; Ord. No. 2002-6, 4-11-2002; Ord. No. 1995-17, 12-7-1995; Ord. No. 2003-01, 1-9-2003; Ord. No. 1990-09, 4-22-1999; Ord. No. 2000-12, amended 2-11-2000; Ord. Correction to dates, amended 4-14-2005; Ord, No. 2002-01 JOY, amended 2-5-2003; Ord. No. 2002-06, amended 5-15-2002; 3-090, amended 3-20-2001, RT-deleted in error and is re-instated by Jackie Brown 3-20-2001; Ord. No. 2000-12, amended 5-24-2000; Ord. No. 1999-, amended 12-17- 1999; Manual, amended 11-10-1999; Manual, amended 10-20-1999, Corrected prior update errors; Ord. No. 1999-09, amended 5-24-1999; Ord. of 1-26-2006(2); Ord. No. 14-2011, 4-14-2011; Ord. No. 24-2013, § 1, 8-8-2013) Sec.3-110.Single-family residential standards/manufactured home standards/recreational vehicle standards. All single-family residences, whether site built or manufactured housing, must meet the following standards: (A) Structure and design standards. (1) Corrugated metal or plastic panels are prohibited as roofing materials. (2) The exterior wall shall be material similar to traditional site-built housing. These materials may include clapboards, simulated clapboards such as conventional vinyl or metal siding over a minimum covering of one-half inch exterior wood sheathing, wood shingles, shakes, stucco, brick, brick veneer, concrete block, or similar materials, but shall not include smooth, ribbed or corrugated metal or plastic panels. (3) The minimum horizontal dimension of the unit as installed on the site shall be 24 feet. (4) All structures must meet wind-loading requirements of federal emergency management administrator and the SBCCI Codes, (B) Manufactured home safety standards. For the purposes of public safety, all manufactured homes or other such forms of modular or manufactured housing are subject to the following requirements. (1) Manufactured home stand requirement. Prior to the issuance of a manufactured home relocation permit the owner of the parcel or lot for which the manufactured home is to be placed must have an approved manufactured home stand. Such stand must have the following: a. Street access. Each manufactured home stand shall be provided with access frontage to a width of at least 30 feet to a public or private street or road. 20140213CityCouncilPacket Page 105 of 203 20140206/jrl b. Electric power supply. Each manufactured home stand shall be provided with an adequate, properly grounded, waterproofed electrical receptacle with a minimum rated capacity of 100 amps. A properly sized over current device shall be installed as a part of each power outlet. c. Sewage disposal. Each manufactured home stand shall be provided with the means of disposing of kitchen, bath, and putrescible waste directly into a properly installed and inspected septic tank system or an approved community sewerage collection system. d. Water service connection. Each manufactured home stand shall be provided with the means of connecting and being serviced by municipal water service. (2) Manufactured home development in flood hazard areas. Due to the danger of placing a manufactured home in a flood hazard area, the following anchor requirements are required if a manufactured home is placed on a lot which is located in or adjacent to a flood hazard area as described by the Federal Emergency Management Association. Length of Minimum Number of Vertical Minimum Number of Manufactured Home(not including draw Ties Number of Required bar) Diagonal Anchors per Ties Home 0-40 feet 2 4 8 41-60 feet 3 6 12 61-84 feet 4 18 16 This table is based on a minimum working load per tie of 3,150 pounds with a 50 percent overload (4,725 pounds total). a. Multiple-wide manufactured homes shall only be required to have diagonal ties and anchors in accordance with the chart above unless the manufacturers installation instructions require more. b. Single section manufactured homes shall have diagonal and vertical ties and anchors in accordance with the chart above unless manufacturer's instructions require more. (3) All principal structures shall be placed on a permanent foundation. For the purposes of this section, a permanent foundation shall mean a concrete slab, concrete footers, foundation wall, pilings or post construction which complies with the city building code. (4) Manufactured home siding, stairs, and foundation requirements: a. All manufactured homes shall have siding materials consisting of wood, masonry, concrete, stucco, masonite, or metal lap. The exterior siding material shall extend to ground level except that when a solid concrete or masonry perimeter foundation is used,the siding material need not extend below the top of the foundation. b. Skirting and/or siding must be in place within 45 days from the date the relocation permit is issued. c. Stairs and landings shall comply with section 112 - stairway construction of the state building code and must adhere to the following: (i) The height of the riser shall not exceed 73/4 inches, and treads, exclusive of nosing shall not be less than nine inches wide. 20140213CityCouncilPacket Page 106 of 203 20140206/jrl (ii) Every tread less than ten inches wide shall have a nosing, or effective protection, of approximately one inch over the level immediately below that tread. (iii) The width of the landing shall not be less than the width of the stairways they serve. (iv) Every landing shall have a minimum dimension measured in the direction of travel equal to the width of the stairway. Such dimension need not exceed four feet when the stair has a straight run. (v) All stairways having treads located more than three risers above a floor or grade shall be equipped with a handrail not less than 30 nor more than 34 inches above the leading edge of the tread. (vi) The minimum width of any stair serving as a means of egress shall be a minimum of 36 inches. (vii) If handicapped ramps are added they must be at least three feet wide and the slope of the ramp shall not exceed one foot for every 12 feet. (5) Foundation requirements on all manufactured homes are as follows: a. Supports or piers shall not be more than two feet from the exterior end wall. b. All grass and organic material shall be removed and the foundation must be placed on stable soil. c. Crossover wires must be placed between the two halves. d. All nails or staples shall be removed or sealed. e. Reserved. f. Dryer vents must be vented to the exterior of the manufactured home; not underneath. g. In no case shall wheels, any undercarriage or transporter unit be left on any structure. (6) Manufactured home additions and auxiliary structures. Any significant feature added to a manufactured home that was not part of the manufacturer's original design is considered to be either an addition or an auxiliary structure. a. All habitable spaces added to the manufactured home shall be constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act or within the provisions of the state building codes. b. All auxiliary structures (such as porches, decks, awnings, cabanas, stairs, etc., unless provided and approved by the manufacturer) shall be entirely self-supporting, unless designed and approved by a professional engineer or registered architect. All such structures shall be constructed in accordance with the state building codes. (C) Temporary use of recreational vehicles on private property for dwelling purposes. No recreational vehicle shall be used for dwelling purposes on any lot in a residential district unless a temporary permit is acquired. Such permit shall be valid for up to seven days and the lot is only eligible for a permit three times per calendar year. Only one vehicle may be granted a permit for a lot during the duration of the permit. The temporary permit may be obtained from the zoning administrator during normal hours of operation at the city hall. There is no fee for this permit. However, violation of this clause will be subject to the same enforcement as all other regulations of this Land Development Code. (Ord. Correction to dates, amended 4-14-2005; Ord. No. Ord. No. 25-2011, 6-9-2011) Sec.3-120.Access to public street required. No structure shall be constructed or erected upon a lot, or parcel of land, which does not abut upon an open public street or permanent easement of access to an open public street. Such easement shall 20140213CityCouncilPacket Page 107 of 203 20140206/jrl have a minimum width of 20 feet unless an easement of lesser width was of record prior to the adoption of the ordinance from which this section is derived. (Ord. Correction to dates, amended 4-14-2005; Ord. No. 26-2011, 7-28-2011) Sec.3-130.Structures to be moved. (A) Existing structure to be moved. Any structure which has been wholly or partially erected on any premises located within the city shall not be moved to any other premises in the city until a permit for such removal is secured from the building and zoning department. Any such building or structure shall conform to all provisions of this Land Development Code in the same manner as a new building or structure. Structures that are determined to be historic and are contributing to the historic character of the neighborhood or are eligible for listing on the National Register of Historic Places may be exempt from having to come into compliance with current building codes as determined by the State Historic Preservation office. (B) Modular structures to be moved. No structure shall be moved into the city from outside the city until such compliance has been shown and such permit has been secured. Before a permit may be issued for moving a structure, the building official shall inspect the same and shall determine if it is in compliance with all city and state regulations. In addition, all modular units wishing to be located within the city limits must first provide to the community development office the appropriate state certification for the construction of such a structure from the department of community affairs. (Ord. Correction to dates, amended 4-14-2005; Ord. No. 36-2010, 11-18-2010) Sec.3-140.Unsafe structures. Nothing in this Land Development Code shall prevent the temporary strengthening to a safe condition of any structure declared to be unsafe by the building official. (Ord. Correction to dates, amended 4-14-2005; Ord. No. 37-2010, 11-18-2010) Sec.3-150.Prohibited uses in residential districts. Under no circumstances shall the following be permitted in any residential zoning district: (A) The parking or storing of unoccupied house trailers or converted buses in excess of 24 feet shall not be permitted. (B) Commercial tractor trailers or rigs shall not be parked or stored on residentially zoned property at any time with the exception of trailers used for supply and equipment storage of a properly permitted construction site. (C) It shall be a prohibited use in all residentially zoned districts to park or store power driven construction equipment, used lumber or metal, or any other miscellaneous scrap or salvageable material in quantity. (Ord. Correction to dates, amended 4-14-2005; Ord. No. 09-2011, 4-14-11) Sec.3-165.Greenspace. In all zoning districts, 65 percent of the designated setback area of a lot shall remain in a vegetative state. This greenspace requirement shall require that at least 65 percent of the required setback area for a parcel remain in a natural vegetative state, and is not to be reduced by setback area averaging or variances granted so that the square footage required is calculated without regard to the averaging or a variance granted. (Ord. No. 1999-24, 8-12-1999; Ord. No. 2000-10, 2-11-2000; Ord. Correction to dates, amended 4- 14-2005; Ord. No. 2000-10, add 5-24-2000; Ord. No. 16-2011, 6-9-2011) Sec.3-170.Home occupations and home business offices. 20140213CityCouncilPacket Page 108 of 203 20140206/jrl Profit-making activities conducted in homes fall into two classes: home occupations and home business offices. (A) Home occupation. If permitted in a land use district, it must comply with the following requirements. It shall be allowed, provided that it: (1) Is carried on by a member(s) of the family residing in the dwelling unit only. One employee who is not part of the family is permitted; (2) Is conducted entirely within the principle structure; (3) Utilizes not more than 25 percent of the total floor area of the principle structure; (4) Produces no alteration or change in the character or exterior or change in the principle structure from that of a dwelling; (5) Involves no sale or offering for sale of any article not produced or assembled by members of the family, or any service not entirely performed by members of the family, residing on the premises; (6) Creates no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, traffic hazard, unhealthy or unsightly condition; (7) There shall be no sign or external indication of the business. (B) Home business office. If permitted in a land use district, it must comply with the following requirements: (1) There shall be no sign or external indication of the business office. (2) No more than two vehicles and/or trailers used in the conduction of the business may be parked at the home location. (3) The office may occupy no more than 25 percent of the floor area of the principle structure. (4) The office must be located in the principle structure. (5) Only residents of the dwelling may engage in work at the office. (Ord. Correction to dates, amended 4-14-2005; Ord. No. 17-2011, 6-9-2011) Sec.3-190.Swimming pool requirements and placement. All swimming pools, spas, and saunas shall comply with the following requirements: (A) Application for a permit to construct a swimming pool, spa, or sauna must be submitted to the building official. The structural plans must be approved by the building official prior to the issuance of a permit and the beginning of construction and/or excavation. A drainage plan prepared by a registered professional engineer will be required unless the city staff determines that due to the size, method of construction, location, or other characteristics of the proposed swimming pool, spa, or sauna, a drainage plan is unnecessary under the circumstances. (B) Swimming pools, spas, and saunas and supporting electrical and mechanical equipment may be located in either the side or rear yard and shall be at least five feet from the property line. (C) Swimming pool, spa, and sauna construction must meet all requirements of the codes adopted by the City of Tybee Island. (D) Once a swimming pool, spa, or sauna and its accessories have passed a final inspection it shall be a violation of this ordinance to remove or alter any of the equipment that is required by: the International Residential Code -Appendix 0,the International Building Code - Section 3109, the National Electrical Code, and the Georgia State Amendments. Failure to maintain the safety related and/or electrical equipment in good and working order shall constitute a violation of this section. 20140213CityCouncilPacket Page 109 of 203 20140206/jrl (E) No swimming pools, spas, or saunas shall be placed across, on, or beneath any utility easements nor shall any utility easement be granted which bisects a swimming pool, nor be located within five feet of any marsh buffers as delineated by the Georgia Department of Natural Resources. (F) When a swimming pool, its deck, or other accessory to a swimming pool is proposed for construction on a site that has already been improved, the swimming pool plans and permit application will be reviewed by the city engineer. (1) If there is an approved drainage plan for the site the city engineer will review the plans for the swimming pool, deck and accessory structure to ensure that the proposed improvements will not materially affect the drainage of the site. If they will materially affect the drainage of the site the applicant will have to have a drainage plan prepared by a design professional before a permit for the swimming pool, deck or accessory will be issued. (2) If the site was improved without a drainage plan, the city engineer will review the pool plans and permit application to ensure that the swimming pool, deck or accessory structure will not increase the amount of run-off leaving the site. (G) Any permit for a swimming pool is required to contain a soil and erosion plan for the proposed site prior to the issuance of a permit and commencement of any construction related activity. (Ord. Correction to dates, amended 4-14-2005; Ord. No. 28-2010, 10-28-2010) Sec.3-230.Turtle nesting protection. The beaches of Tybee Island serve as a prime nesting site for sea turtles, an endangered species. Coastal development threatens the survival of sea turtles because artificial lighting discourages nesting females and causes disorientation of hatchlings during the nesting season, which runs from May 1 through October 31 each year. It is the intention of the city to offer protection to these endangered sea turtles by providing standards for lighting in the shore protection area adjacent to the city's beaches. For the purposes of this section, the protected nesting area shall be the sand beaches of Tybee Island. (A) Exceptions. The following point sources of artificial light are exempt from the provisions of this section: (1) All lights necessary for the safe navigation of vessels utilizing the waters surrounding the city; (2) All lights necessary to mark obstructions to the safe use of airspace over, above and around the city; (3) All lights necessary for regulating the safe passage and movement of vehicular and pedestrian traffic within the city; (4) Any light that has been specifically designated by the fire and/or police commissioner(s) as necessary for the security and safety of the human inhabitants of the city. (B) New development. Building and electrical plans for new construction including parking lots, dune crossovers, and all other outdoor lighting that can be seen from the beach shall comply as follows: (1) Floodlights shall be shielded and mounted so that no light illuminates the beach and the point source of light is not visible from the beach. (2) Pole lighting shall be shielded and mounted so that light is directed away from the seaward side of the pole and the point source of light is not visible from the beach. (3) Low profile luminaries shall be positioned so that no light shines directly onto the beach. (4) Dune crossovers shall utilize low profile shielded lighting so that no light illuminates the beach and the point source of the light is not visible from the beach. 20140213CityCouncilPacket Page 110 of 203 20140206/jrl (5) Lights illuminating structures and grounds shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off from sunset to sunrise during the period of May 1 through October 31 of each year. (6) Temporary security lights at construction sites shall not be mounted higher than 15 feet above ground and shall be positioned not to illuminate the beach. (C) Existing development. All lighting shall come into compliance with the following standards: (1) Lights illuminating structures and grounds shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off from sunset to sunrise during the period of May 1 through October 31 of each year. (2) Lights illuminating crossovers shall be shielded or screened so that they do not illuminate the beach and the point source of light is not visible from the beach, or they shall be turned off during the period of May 1 through October 31 of each year. (3) Security lighting shall be shielded or screened so that the beach is not illuminated and the point source of light is not visible from the beach, or low profile luminaries may be used. (D) Publicly owned lighting. Streetlights and lighting of publicly owned beach access areas must be in compliance with the following: (1) Streetlights shall be located, shielded or shaded so that they will not directly illuminate the beach and the point source of light is not visible from the beach. (2) Lights at parks or other public beach access points shall be shielded or shaded so that they will not directly illuminate the beach and the point source of light is not visible from the beach or, if not necessary for security or public safety, utilization may be discontinued during the nesting season. (Ord. Correction to dates, amended 4-14-2005; Ord. No. 21-2011, 6-9-2011) Sec.3-240.Wetlands protection. U.S. Army Corps of Engineers determination shall be required prior to the issuance of a permit for any regulated activity within the wetland protection district. If the corps determines that wetlands are present and that a Section 404 permit or letter of permission is required, no permit for the regulated activity will be issued until the corps has issued the Section 404 permit or letter of permission. If the corps determines that there are no wetlands present on the proposed development site, Tybee Island may proceed with its normal permitting procedures. (Ord. No. 2000-11, 2-11-2000; Ord. No. Correction to dates, amended 4-14-2005; Ord. No. 2000-11 Wetlands Protection, add 5-24-2000; Ord. No. 22-2011, 4-28-2011) 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 illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. 20140213CityCouncilPacket Page 111 of 203 20140206/jrl 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: TybeefOrdinances/2014/18-2014 Art 3 general provisions—clean—01.31.14 20140213CityCouncilPacket Page 112 of 203 20140206/jr1 PLANNING COMMISSION CITY MANAGER Demery Bishop f Diane Schleicher Tom Borkowski ' \ -gl Marianne Bramble PLANNING &ZONING MANAGER Tyler Marion, Vice Chair ; " I Dianne Otto, CFM .� David McNaughton Itis • CITY ATTORNEY .',.'fir e 4'& ,�,` Edward M. Hughes MINUTES Planning Commission Meeting January 21, 2014—7:00 p.m. Vice Chair Tyler Marion called the January 21, 2014, Tybee Island Planning Commission meeting to order. Commissioners present were Marianne Bramble, David McNaughton,Tyler Marion, and Tom Borkowski. Mr. Marion —The first order of business is the minutes of the December 17, 2013, meeting. Do I have any discussion? [There was none.] Do I have a motion? [David McNaughton made a motion to approve as written; Marianne Bramble seconded.] All those in favor please signify. [The vote was unanimous.] Mr. Marion—Do we have any recusals or disclosures? [There were none.] Text Amendment—Section 14-030& 14-050—Historic Preservation Ms. Otto—The Historic Preservation Commission has been going through the process and working towards having a Downtown Development Authority, it is called a DDA. One of the aspects of forming a DDA was these proposed changes to the Historic Preservation's role. These are additions to code sections already on the books. In Section 14-030, item (D)would be added that would allow the Historic Preservation Commission, "To employ persons, if necessary, to carry out the responsibilities of the Commission but only after first receiving approval by the Tybee Island City Council." It lays out a possibility but kind of pulls it back when saying it is subject to Council approval in order for them to do so. Following that in Section 14-050(P), (P) would be an addition that would read, "The Commission may, where such action is authorized by the Tybee Island City Council and is reasonably necessary or appropriate for the preservation of a unique historic property, enter into negotiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the property or any interest there in." It would expand the Historic Preservation Commission's authority but it still has that same pull back where they have to get City Council's approval before they would be allowed to venture into negotiations about a property. These are a couple of elements that, in aligning our ordinances with the requirements, if a DDA is formed,was necessary. This has been through the City Attorney's office and that is why you are seeing it in ordinance form. If you don't feel like you have enough explanation from me, this could come back, hopefully with a representative from the Historic Preservation Commission. Mr. McNaughton—I understand the intent and I'm comfortable with this as proposed. Is there a legal reason for an ordinance to authorize the Commission to negotiate rather than the City directly? Ms. Otto—Yes, under the Downtown Development Authority. Mr. McNaughton—The City can't do it; somebody else has to do it? Ms. Otto—Not that they couldn't. The empowerment would go to the Historic Commission subject to Council approval rather than Council embarking on their own. 1 20140213CityCouncilPacket Page 113 of 203 20140206/jrl Mr. Marion—There would be an official liaison. Ms. Otto—Yes. Ms. Bramble—I would prefer that a representative speak to it. Mr. Borkowski—What would they be saying to you or what question would you have? Ms. Bramble—It's the first statement, "To employ persons to carry out the responsibilities of the Commission." Why do they feel the need to employ someone? Everything on Tybee is volunteers on every committee. Mr. Borkowski—I think that is a good point. Mr. Marion—Dianne, is it appropriate to move forward and open it to the public? Ms. Otto—Since it was advertised you should ask for public comment. Mr. Marion—Is there anyone from the public that would like to speak to this? [There was none] At this time I will close the public hearing. We would like to have this continued until the next meeting and have someone from the Commission come to speak with us. Mr. Borkowski—Who wanted that particular point put in there? Ms. Otto—The Historic Preservation Commission as part of the requirements in order to form a Downtown Development Authority. Variance— Roy Ogletree— 13 T. S. Chu Terrace Ms. Otto —This is a Variance request for 13 T.S. Chu Terrace. The applicant is Roy Ogletree. This is consideration of a height variance request in a C-1 zone. This home was issued a permit to elevate. It had been below base flood elevation and is now under construction and being renovated to meet Tybee's 1-foot freeboard requirement. After elevating the home, the structure is now exceeding the 35-foot height limit which is island- wide. The request before you is to have a Variance approved to allow the height to exceed 35 feet rather than requiring that the roof be removed down to a 35-foot limit. In your packet are renderings of the existing prior to the recent elevation and then the proposed elevation. With the elevation of the home to 1-foot above base flood, the structure is now at 36-feet 4.1-inches which is 1-foot and 4.1-inches above the 35-foot height limit. When this project was permitted it was done with plans to reduce the height of the roof which would have removed 1- foot 8.8-inches to bring it down to 35 feet. The applicant is now requesting rather than doing that project, to allow the roof structure to remain as it is currently. There are photographs in your packet, provided by the applicant, of adjacent structures and what it looks like in comparison to those with the higher structure that it is. Mr. Borkowski — In reading through this, there is an email that stated that the roof was going to be modified to meet the 35-foot height limit. Why didn't that occur? Ms. Otto — It is still an open permit. If this Variance request is not approved, that would still be required under the open permit. As they have phased into the work they have accomplished getting the house elevated, are now rebuilding the stairs and doing some other work. Through this process if that request is not approved to leave the roof as it is then they would follow through with the original intent which was to reduce the height. Mr. Borkowski — It was in the middle to keep going with construction and now it is done? Ms. Otto— It is not done; it is ongoing. It would continue to be part of the project as permitted to reduce the roof if this Variance is not granted. 2 20140213CityCouncilPacket Page 114 of 203 20140206/jrl Mr. Borkowski —To reduce the roof, is it just changing the slope of the roof or cutting the top part off and putting a flat part on top? Ms. Otto —As shown in this drawing, the area is at the peak [referring to PowerPoint]. Mr. Borkowski — It would be flattened? Ms. Otto —Just on the top. Mr. Borkowski —This was the understanding going in as to what was going to be done? Ms. Otto —Yes. We would not have been able to permit a structure to exceed the height limit. It was understood that was part of the permitting to reduce it. They wanted to have consideration of not including that scope in the permit and instead be allowed to keep the roof as it is. Mr. Marion —What they are wanting is essentially to add the pitch back into the roof. Ms. Otto —To allow it to stay the way it is now. Mr. Marion —What were the cost factors? Ms. Otto— Seven thousand dollars. That came from the general contractor. Mr. Borkowski —This was figured in to begin with? Ms. Otto —Yes. Mr. Marion — By granting this we would also save them a chunk of change. Ms. Otto —Yes. Ms. Bramble — I need to know what the hardships are. Ms. Otto — I did explain the hardship requirement of our Article 5 Section. The explanation on the Variance application is that they"want to not cut off the roof." Mr. Borkowski —Your finding is not in keeping with the hardship requirement? Ms. Otto —That is correct. Mr. Marion —In the pictures, we have a variety of homes within the area that are varying heights and degrees. Ms. Otto —The pictures came from the applicant and personally I can't get perspective looking at the ground up where the measurements fall. I would only take a certification from a certified professional surveyor to document these. The applicant did choose to provide these to give you some perspective of what it looks like going down that street. When the pictures were taken, I don't know if the house had been set down because it was elevated higher than it needed to be and the foundation was built and then the building was set down. I'm not sure at what point the photos were taken. They are either actually higher than they are now since it has been set down or they have already been set down so it is true. For buildings, the 35-foot height limit is measured from the average grade. Going back to where it says proposed, the surveyor has since measured the building and it is at 43.22 feet above sea level. From that you subtract the average grade that was calculated for this property before any work occurred. The calculation for the average grade was 6.875 feet above sea level. The 43.22 looks scary but that only means feet above sea level. You take out the ground level, which is 6.875, and that is where you come up with the height of the structure. The difference between the 43 and the 6.8 is 36.345 feet. Mr. Marion —If I were an engineer and go through the neighborhood and look at each house, I could probably see a variety of varying grades consistent with the landscape. 3 20140213CityCouncilPacket Page 115 of 203 20140206/jrl Ms. Otto —Yes. For each of those developments they would have had their own average grade and they would have had their own measurement from which the 35 began. Mr. Marion —We could anticipate they are going to vary within a certain realm. Ms. Otto — Ideally if they were permitted to be built no higher than 35 feet than they should not have been built that high. Mr. Marion — Do we have any other homes in that area currently undergoing a scenario like this or is this the only one? Ms. Otto— It is the only one in that area. I do anticipate, likely island-wide, with what is happening with flood insurance, that others will be coming. They may be in the same situation where they have chosen to elevate and may find themselves in a similar predicament. Ms. Bramble — Do you know how much this will affect the FEMA 2014 inspection for our point system? If we grant a Variance will that be factored into our inspection? Ms. Otto — No. What FEMA would be looking for in this project will be the Elevation Certificate that will be prepared when it is complete. It will show that this house is now FEMA compliant. As far as having elevated above FEMA's base flood elevation, they don't care whether a Variance from Tybee is granted for height. Mr. Marion —With the direction flood insurance is going, is there a window of opportunity, for a certain timeframe for people to be grandfathered in to any degree? In looking at a hardship, does it come down to financial aspects; is their life radically altered when it comes to this? We are going to see a fair amount of people come before us with a like scenario. Is there anything that can be put in place, in the way of grandfathering for lack of better words, to give people an opportunity to home in on where they are going with the preservation of their homes? Ms. Otto — It is a possibility. When Biggert-Waters was brought to the forefront and people began to realize what was going to happen with flood insurance premiums as a result of that act, the Mayor endeavored to see what we could do as a City to assist people. The primary focus has been for the City to pursue all efforts to maintain our CRS rating which affords discounts on premiums for the owners. Another avenue that had been discussed was an easier or perhaps less expensive process for applicants to go through if they found themselves in this situation. Setbacks had been the primary issue that was brought up at that time because when you elevate you now have to provide the means of egress which typically they are in building setbacks. He proposed we take a look at setbacks because folks were going to be in those situations. I don't know that a time limit could be put on it because the people that own these are also facing the hardships when they sell them to new owners. When there is a change in ownership, it is going to affect insurance premiums and maybe those new owners might elect to elevate rather than just the current owners. I think it would be a benefit for all of these situations for a longer period of time that choose to go this direction. Whether it is a reduced fee for the Variance process or a simpler process that we can come up with, those are things we could talk about but there is currently nothing in place. Mr. Borkowski —According to your findings and what has been stated in here, there is not a hardship involved that qualifies. According to the ordinance and the fact that if you grant something like this then you open a can of worms. In this particular case somebody doesn't want to abide by that for a foot and a half then somebody else comes in and it's 2.3, 3.2, 1.8, or whatever, I don't think that is fair to the other people that have been through this process before and had their buildings limited by the height requirement. Ms. Otto — I respect your position. One thing I do in my staff reports is the findings. I am comparing the request to the codes. It is your role to determine whether you are going to recommend approval or denial despite the findings of the code. Ms. Bramble— Did this request have to go through the Historical Preservation Commission? 4 20140213CityCouncilPacket Page 116 of 203 20140206/jrl Ms. Otto — I don't recall whether we sent it through or not. At this point, because it has been elevated, it has lost its historic significance. Mr. McNaughton — If a Variance was approved then there would have to be additional setbacks for this house, correct? Ms. Otto—The ordinance you are referring to proposes, what to me, is for new construction. If they are going to ask for a height variance they have to give setbacks and it still has to come through for a height Variance. In this situation they are not proposing any additional setbacks, they went straight up. The stairs going up are under construction and will not exceed the prior footprint of the structure so they are not giving any additional setbacks in this situation. Mr. McNaughton —They would not be required to provide that extra setback? Ms. Otto —Only if you mandated that. It is not part of their proposal for this request. Mr. McNaughton — I thought from the wording it was mandated. It says, "For height variances, 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 safe guard consisting of sprinkler systems, smoke detectors and any other fire protection equipment deemed necessary at the time by mayor and council." Ms. Otto — If you granted this height Variance you are also granting a Variance from that Section. Mr. Marion — Do we have anyone in the audience that would like to speak to this? Roy Ogletree came forward and introduced himself. I am the applicant on behalf of Ms. Baber who owns the residence. I am a registered architect in the State of Georgia and a licensed contractor. What we are asking for with this Variance has less to do with the setbacks that were just brought up. It is about an existing structure built in the 1930's that they are elevating out of the floodplain. It is not a new structure where we have the latitude to change setbacks. It is not a new structure where we have a choice of only going 35 feet high. What we have is a structure that in order to meet the flood requirements of 1-foot above the AE-14 elevation, we have to go above 35 feet. We are asking for consideration of a Variance for not chopping the top off the house for that 1-foot 4 inches additional height which is only at the very peak of the home. One reason we are in this situation of even asking for the Variance, we did not state a hardship in the application, but there are actually a number of hardships against an existing property like this that I think are worth consideration. If you see the drawing [referring to PowerPoint], the finished floor elevation of 17.4, that is actually the finished floor that could have been a 15 elevation. What is driving the height in this particular structure is because of the 1930's construction with a drop beam and joist on top of it. You have a deeper structure than you might have had if it was built today where you are intending to keep the height down lower. The ductwork for the structure is underneath the house and by Tybee standards we have to keep the ductwork elevated above the base flood plus 1-foot of freeboard as well. The hardship there is that the Tybee standards themselves are contradictory between residential and commercial. There is latitude on commercial structures that you can waterproof your ductwork, which would get you out of this particular situation and then you could lower the house so you would not even be asking for a Variance on this. There are hardships here that we are dealing with in order to raise the house. Mr. Marion —If we grant your Variance we would have to recognize a hardship. You have option A and option B. Option A was going to work and now we are going to option B which is just that, an option. With your hardships, if you could drill down a little more about the hardships that the owner would be suffering,just so we understand because we have a very strict set of guidelines that we have to follow. If one is to become a hardship, we actually need to have it justified for us. Is it a financial loss, undue hardship to the individual physically, is there going to be long-term effects that will cause undue hardships? Mr. Ogletree— Definitely the financial hardship of having to spend $7,000 plus to take off the top of the roof that is in perfectly functioning condition now. It is also making a flat roof which is not as good for weatherproofing. By taking that small amount off the top of the roof they are incurring costs and making the structure less sound than it would otherwise be. 5 20140213CityCouncilPacket Page 117 of 203 20140206/jrl Mr. Borkowski —You stated previously that you knew that cost involved when you wrote the email. You also knew about the requirements for the ductwork when you designed it, correct? Mr. Ogletree—This was a little bit of an evolving process. The house as it stood before we raised it was about 30 inches above grade to the finished floor and very little room to even get under the house and survey what was there. The ductwork was somewhat of a mess because whoever did it didn't have any room to work and was crammed under the house. Once we were able to elevate the house we could survey better what the situation was with the ductwork. We had hopes of being able to incorporate the ductwork within the joist system which would have alleviated having to raise it as high. Unfortunately, because of the type of construction, it is balloon framed from the 30's and it has a main beam system with a joist on top of it. Once we got it up and could see what we had, we realized we can't bring that ductwork up within the joists. By that time, the ship had sailed on the process and that is when we applied for the Variance realizing we cannot accommodate the 35-foot height restriction and the ductwork to meet all the standards. If we strictly followed the FEMA requirements, it would have allowed the ductwork to be in the flood zone and be encapsulated. Tybee has a more stringent standard for that. I don't know if you would call that a hardship against the owner, but it is a hardship to deal with from a design standpoint because it is more restrictive than the FEMA standards which would have allowed us to keep the house lower. Mr. Borkowski —You stated in your email that, "We have decided to raise the home enough to get the ductwork underneath the beams at 13 T.S. Chu. We will modify the roof peak as required to meet the 35'height limit. See the attached two drawings showing the revision." Mr. Ogletree— Ms. Baber was totally on board. If it has to be done, she would do it. Mr. Borkowski —You have already stated that in order to get permission to keep going forward and now you are changing your mind. Mr. Ogletree— No, we're not changing our mind. We are asking permission for a Variance. The Variance had to be turned in well in advance of getting the house actually raised up to get it on the agenda. We're asking for relief on this. I think this board and the City should look at this hard because this is going to happen a lot. You are going to get a lot of requests to get houses up out of the floodplain. To penalize these homeowners that are trying to do the right thing, to me, is not very good public relations to the rest of the island to say we're going to make you spend a lot of money for something that is really an imaginary line in the sky at 35 feet. Mr. Marion — Don't get us wrong. We're empathetic and we want to do what is right. We have a set of rules we are bound by. We can recognize things but our role is obviously to address these as they come up and Council weighs in as well. Ms. Bramble—Are you saying that if the City of Tybee allowed you to enclose the bottom portion of the house where the ductwork is, then you wouldn't have to raise the house at all? Mr. Ogletree—You would not have to raise it above the 35-foot height restriction. Ms. Bramble— So enclosing the bottom, what you're saying, is permitted. We see this permitted in commercial. The ground floor is enclosed in commercial neighborhoods. Mr. Ogletree—It is not enclosing the downstairs. It is encapsulating the ductwork so that floodwaters could not enter the ductwork. Ms. Otto —What he is saying is accurate. Tybee, in addition to that higher standard of not allowing any ductwork below the freeboard, also adopted the five year cumulative and the 1-foot freeboard. We do have higher standards than FEMA. Because of those higher standards, our community rating number is a Class 7 because those are the types of activities that FEMA encourages along with lots of other things. Being more restrictive than their guidelines is what they want communities to do. In his case, for residential we don't allow ductwork below the 1-foot freeboard. That is not to say there are not other options. That ductwork wouldn't be pretty but it could have been relocated into the rooms upstairs. We have all seen retrofitted structures where the ductwork 6 20140213CityCouncilPacket Page 118 of 203 20140206/jrl on these types of homes, that at one point didn't have air conditioning, was added. It is easy and simple to take it up through the floors. We have also seen others that are slab on grade where they had to put the ductwork inside the rooms. There are options here. It is not just that the ductwork couldn't be below base flood but they chose to put it at the lowest point from which we measure the 1-foot. Mr. Marion —The way I view the Land Development Code is essentially those who become residents and own property agree to comply with that. Mr. Ogletree—A question came up earlier about the neighboring structures and I am a licensed professional. I did field measurements of the neighboring structures and found that a number of the structures on this street are above the 35-foot requirement,just so we are looking at an even playing field here. Ms. Otto, are the drawings included where I showed the heights? Ms. Otto — No. They were not sealed by you, they were drawings, and I don't consider those certified. I did provide the photographs. If I understood your procedure for doing that, did you climb on these roofs and drop a line? Mr. Ogletree—There are several different procedures. Let me pull out my heights from this paperwork. Ms. Otto —While you are looking for that, for each lot there is an average grade calculated from which the 35- foot is measured. Without knowing the history at what point the building's 35 feet was measured, we don't know. Mr. Marion —I understand there are other houses in the surrounding area and we recognize that. Our case in point tonight is this particular issue. Please note that we recognize there are other structures in the vicinity that are varying heights. Mr. Ogletree—Since it was presented, I feel like it is fair to present this. Would you not agree? The structure at the Strand is quite a bit higher; it is 36-foot 2 inches before the roof even starts peaking. Mr. Marion —Just to reiterate, we recognize given the lay of the neighborhood, there may be various structures at staggered heights. For tonight, our particular item, we want to go ahead and address this particular one. Please, respectfully understand, we realize this is an item that we will deal with periodically as time progresses. It's a very real and relevant issue. If we could just focus on this particular one. I do thank you for the pictures; they are very illustrative and helpful. Mr. Ogletree— I do think this should be looked at to pass the fair and reasonable test. There is some common sense that should come into play on these especially when we look at the neighboring buildings that almost all are exceeding the height restriction. Ms. Otto —The front and back of the last 2 pages is what he is referring to. They are in your packet but not in the PowerPoint. Mr. Ogletree—I do feel, even though they weren't sealed, they should have been submitted as evidence in what we are trying to show here. Mr. Marion — Do we have anyone else that would like to speak? Bert Barrett came forward and introduced himself. I am a professional land surveyor. I have done all the survey work on Ms. Baber's property. Ms. Baber did not ask me to come here tonight. I'm not being paid and I'm not here on her behalf. I'm here because I know what you are going to see in the future. I served on this Planning Commission for five years. I am the guy who instigated subdivision regulations. I am the guy who instigated the drainage plans and now I regret I did that. To give you a little history on the 35 feet, this wasn't brought about because of aesthetics. It was brought about because Tybee didn't have a hook and ladder truck back in the 70's. There was a fire and they used the electric company's bucket truck and it would only go 35 feet. If there was ever a hardship, it is this case right here and it's going to be all the ones that come before you in the future and particularly within the next year. This is just the beginning. The hardship is that this lady is stuck between a 7 20140213CityCouncilPacket Page 119 of 203 20140206/jrl rock and a hard place. You could say the rock is FEMA and the hard place is Tybee. October the 15th is when FEMA's rules from Biggert-Waters took effect. On October 16th she hired me to do an Elevation Certificate for her because her insurance company required that she have one done. On October 18th she called me just about in tears. She said you're not going to believe that my flood insurance went from $1,600 a year to $9,000 a year and what can I do? I said the only thing I know you can do is jack up your house if you don't want to pay $9,000 a year. That $9,000 is a low figure. The house down the street from me, theirs went to $23,000 a year. I want everybody in this room and I want all of you to think what is coming your way. Hardship in your rules, and I sat where you are sitting and had to do the same thing you're doing, has to do with the topography and the shape of a lot also. She had to bring this up to 15 feet because of Tybee's rules with freeboard. Just for a point of information, the whole roof on her house is not at 43.22. It's only about 10 feet. I did the measurement for these figures that you are seeing up there. I had to get the highest point. A roof basically goes like this [hand motions] 42.9 feet and then about 10 feet from that point on the left side it goes up. That is the one I had to use. You are going to have a lot more of these come before you. I heard the Mayor the night you had FEMA here. I wasn't here; I watched it on television. I heard the Mayor say that you folks are going to have to come up with something to help these people. I hope you have the compassion to understand what she has to go through. She is the first one. Remember, it went into effect on October 15th and I did her Elevation Certificate on the 16th. She is just the beginning. I hope that you can understand that she does have a hardship and you look favorably for her. [Applause by audience] Charlie Kirk came forward and introduced himself. I have lived on Tybee for 40 years. I stopped by here tonight not only to support Deb Baber, but I also came by to support the historic house she lives in. I totally disagree with any comment made here tonight that the house, by raising it, has lost its historic value. [Applause] Over the last 35 years I had the pleasure of knowing her mother, father, and brother, and they were residents of that house. When I moved to Tybee 40 years ago, the whole south end of this island was filled with houses that were cloned just like hers and they have all been torn down to make room for high priced condos, townhouses, or very expensive million dollar houses down there. Her house is one of the last ones down there. Ms. Baber has invested a lot of time and money in this house. Her family lived in this house and like I said, I knew her mother, father, and brother for 35 years. I just met her probably about 6 months ago. When I heard last week that the City was asking to cut the roof off this historic house, the first thing I thought about was to talk with Cullen Chambers. Due to a tragedy this week, we have lost Cullen. If he was here tonight, and he would have been here tonight, Cullen would have said don't cut the roof off this historic house. [Applause by audience] Natalie Strickland came forward and introduced herself. I have been a resident for 15 years. One of the things I really love about Tybee is we have real people who live here. She is a resident and she has nothing to gain. This is her family home and that is what makes us a wonderful island. We are not just a tourist location. It wouldn't be the same. I just want us to remember that is what keeps Tybee wonderful and keeps people coming here — it is the people who live here year round and work hard to live here. It is not an easy place to live, it costs a lot more than any other place, but the people are what is worth it. [Applause by audience] Deb Baber came forward and introduced herself. I live at 13 T.S. Chu Terrace. I moved here in May of 2012 to take care of my mother and had some work done downstairs. The person that did my work put the ductwork under my house and I said I don't think that ductwork should go under there. He said it will be alright; it hasn't been alright. The ductwork needed to be moved but with this flood insurance thing it really freaked me out. I really wanted to do what was right by raising the house to FEMA standards, hopefully that would help. Other people have asked me about the process and I think it has been a really smooth process. We have agreed to cut off our roof but we were also told we could put in for a Variance and see what happens and that's why we are here. Yes, the money is definitely a hardship; I don't have any more now but that is okay. I go around the island and we do pick up our dog's poop and other dog's poop. We are good stewards of the island [applause by audience], we pick up trash. We love Tybee. I probably would never have moved down here if it hadn't been for my family but I love it here. We do want to live by the codes, but it would help me. Thank you for your time. [Applause by audience] Kay Osborne came forward and introduced herself. My husband, Dr. William Osborne, retired and transferred here from Savannah. We live at 1508 Fifth Avenue. Deb just mentioned one of the elements of hardship that I think it is important and usually is so hushed. That is the financial difficulty being between the rock and the hard place that got described. She and her partner are retired. I have not talked with them about this — be clear about that and neither did I speak with my husband about this before I stood up. She and her partner took care 8 20140213CityCouncilPacket Page 120 of 203 20140206/jrl of her mother but now they have this house and they are trying to preserve a living here. They are retired educators from Macon, Georgia. I don't know about you but I know some retired teachers and they don't get a princely sum in retirement. I would like for you to consider that because it is an important fact in what happens next. Please, it is not something to dismiss. It is something we can in academic and public sessions acknowledge —finances matter. There is only so much teacher retirement that goes to your family. Thank you very much. [Applause by audience] Bert Barrett— I lived down here for 40 years. My dad was the original zoning administrator. My dad is the guy who wrote the zoning regulations in 1971. You are right about one thing, you have some stringent rules to follow. There was one thing my dad and some other folks looked at. They put in a Variance process because they knew one shoe didn't fit all. Please keep that in mind when you make your decision. [Applause by audience] Mr. Marion — Is there anyone else 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 —This is clearly a difficult situation. In this particular case there were options available so it would not exceed the 35-foot. I think Council will have to figure out what to do but I don't think I'm ready to. Mr. Borkowski — I can understand the issues that have been brought up but at the same time I feel that we have a responsibility to the other people that have come before this and did not have a hardship. I understand the financial thing but also understand the options as far as the ductwork that can be put through the house which we have in our condo. Mr. Marion —Obviously we have closed the public portion but one of the things I think is paramount is we understand that our citizens are us and we are them. Everybody is impacted in one degree or another but a decision is made either here or at Council. I think historically we have something that has been managed well, perhaps at times controversial, but that is our 35-foot requirement. We are empathetic and sympathize 100% with our petitioner and applicant, but we do have a set of rules that we need to follow. In cases such as this, we do find ourselves referring this to Council. I would like to make a motion that we deny and move this to Council so they can weigh the decision because of how big this is and will be with others that will come before us with scenarios like this. There were options that were available, my motion is to deny as is and forward to Council. Mr. McNaughton —Second. Mr. Marion —I have a motion and a second. All those in favor of the denial please signify. [McNaughton, Marion, and Borkowski voted in favor/ Bramble was opposed.] Text Amendment—Section 9-050(B) —Technical Codes Adopted, Copper Wire Ms. Otto —There has been, for a long period of time, a Tybee specific code regarding copper wire rather than aluminum. What is before you is a proposal to strike the Tybee specific code and instead follow the guidelines of the National Electric Code which we otherwise follow with this exception in place. Mr. McNaughton — I have read these four times and I don't see any difference in the wording. Ms. Otto —This would completely strike the ordinance. Mr. Marion —Isn't there aluminum feeders out there that are considered safe, useable, and adequate as far as our ordinance? Ms. Otto —There are. With this current ordinance in place they are not allowed for installation on Tybee. Mr. Marion — Do we currently have anything that is either being built or going to be built that would have utilitarian value by utilizing aluminum feeders, such as new public buildings or anything to that extent? I have done some research on aluminum feeders and the safety factors. Compared to 30 years ago versus today, the standards have changed quite dramatically to an extent that they are more acceptable now than they were in the past. 9 20140213CityCouncilPacket Page 121 of 203 20140206/jrl Ms. Otto —Yes. The National Electric Code allows aluminum feeders. The striking of Tybee's code would allow aluminum feeders and we would be equal with the National Electric Code. As your research showed, and mine did as well, the technology and advancements that have been made have negated the need for this Tybee specific. Not to say there aren't certain ways to install them and they need to be followed correctly. The State licensed electricians, know what they are doing and they know how to do that despite Tybee's salt air. Mr. Marion — Is there anyone from the public that would like to speak to this? [There were none.] At this time I will close the public hearing. Do I have a motion or discussion? Mr. Borkowski — I make a motion that we adopt as written. Mr. McNaughton — Second. Mr. Marion — I have a motion and a second. All those in favor please signify. [Vote was unanimous.] Text Amendment—Section 3-060 - Bed and Breakfast (Residential), Parking for Special Events Ms. Otto —This item was on your agenda last month but due to time constraints we did not discuss it. The proposal is within the residential bed and breakfast section and it would provide clarity for parking at residential bed and breakfasts that opt to obtain special event approval. There has been conflict about every time we have had a consideration of special events at a residential bed and breakfast about whether the guests of the inn and their guests were to be counted toward the 20 people that are allowed at the special event. What is before you is a proposal in addition to the parking required in item (5). It says there has to be one parking space per rental unit and two parking spaces for the owners. In addition, if someone opts to apply for special events at a residential bed and breakfast, they would be required to provide additional parking of four spaces, which is in addition to the one per unit and two for the owners. It also states that the number of guests on the property shall not exceed 20. Regardless of whether those guests at the special event are renting the inn's guest rooms or if they are simply coming in for the special event, there is a total of 20 guests on the property at any time. Mr. McNaughton — Once you are reviewed for special events, you are not required to get permission for a particular special event? Ms. Otto —Once approved that carries on. It would take a hearing to withdraw that privilege after being approved before it could be taken away from them. Mr. McNaughton —I understand the reason for requiring four additional parking spaces. Will that have the effect of discouraging people from using alternative ways to get people there? I worry about if this requires four additional spaces, would people just say the heck with it and I'm not going to worry about getting a shuttle, van pooling, or making special arrangements. Ms. Otto — I don't know the answer either but I do understand what you are saying. Mr. Borkowski — Could you say that again — I didn't understand it? Mr. McNaughton — My concern is, I understand why this is being proposed. By doing that would we be discouraging people from pursuing alternative methods to get people to this special event such as some kind of shuttle, van pooling, or bicycling? If they have 4 additional parking spaces will they not consider alternatives? Mr. Borkowski — If they didn't have the parking places then they couldn't have the special event, right? Ms. Otto —They wouldn't be able to get approval to be a special event facility. Mr. McNaughton —That is not the issue. This is proposed and it's not ordinance that they have 4 additional now. If it became code and required 4 additional spaces my concern would be that people would not consider cleaner alternatives for getting people to the special event. 10 20140213CityCouncilPacket Page 122 of 203 20140206/jrl Ms. Bramble — I don't think adding 4 extra parking spaces really should matter. If the bed and breakfast,just like Council recently did with the old Hunter House, has a parking or shuttle plan, they can present it in their application for their special event license. They could have the 4 or 5 extra cars because people are not going to carpool. Their guests will come in one car so there may be 7 extra cars that the 4 places won't accommodate. If the bed and breakfast has a plan where they can park the excess cars and shuttle them with one of our many shuttle services on Tybee that should be fine without requiring them to add 4 additional parking spaces which they probably have no room for. Ms. Otto — Let us clarify that most recent consideration was not a residential bed and breakfast; it was a commercial. Mr. Borkowski — I tend to agree with Marianne. I don't see where 4 parking spaces are going to make a big difference. During a special event the total number of guests on the property shall not exceed 20 people. Is there a certain number of rooms or is there a limitation on bed and breakfasts? Ms. Otto—Yes. These residential bed and breakfasts are limited to no more than 7 guest rooms. Mr. Borkowski —What was the determining factor for the number of 20? Ms. Otto —That is part of the current code and has not been changed. This initial section of the code was actually written by a residential bed and breakfast that drafted this language, asked for the Text Amendment, and said that the proposed number of people would be 20; that was all that they would ever want at their small special events. That was the bed and breakfast near the nursing home. Mr. Borkowski — If you only have 7 rooms then you are going to have 7 parking places plus 2 for the owner. Now I can understand why the 4 for the special events because you are anticipating more people coming from other places. Mr. Marion — If we support this, this in no way will impact in any fashion on the commercial bed and breakfast or inns? Ms. Otto— No. Mr. Borkowski —This is in residential areas where it impacts the people that live over on Officers Row and places like that. Ms. Otto —Yes. She did come forward and ask for special events. That was one of the times, and there were others, when these conversations led to if you are going to have special events, do you need to have extra parking. This ordinance is intended to resolve that one way or another. Either we are or we are not going to require additional parking spaces for the bed and breakfasts that want to have special events. Mr. Borkowski — Basically this is a precedent. You are saying the 20 is already in the code? Ms. Otto —Twenty is in the code. Mr. Borkowski —The 4 spaces for the special event is what would be added here, correct? Ms. Otto —Yes, and clarity on how the 20 people will be counted. Ms. Bramble —We're talking about residential. Where are they going to get 4 spaces? Mr. Marion —The people on Officers Row, can you refresh my memory as to how many spots they had. At one point I think the parking itself became an issue or the lack thereof. Ms. Otto — I think they exceeded the number required by one for the units and the owner. Mr. Marion —They had excess. 11 20140213CityCouncilPacket Page 123 of 203 20140206/jrl Ms. Otto —I believe by 1. Mr. Borkowski — If you have 7 rooms and 2 parking spaces for the owners, that is 9 and when you add 4 that would be 13 in order to have special events. That is pretty hard for me to envision. What we had done with the commercial was they had to have a parking or shuttle plan for each special event to be approved. Ms. Otto —That was Planning Commission's recommendation. That is not what Council's action was on it. Mr. Borkowski —They didn't approve that? Ms. Otto —They approved the request. They provided to Council parking agreements from some of the adjacent properties that said they were welcome to use their properties. Mr. Borkowski — In essence they had the parking places required. Ms. Otto—After your discussion, they provided additional information. Ms. Bramble — If they make arrangements with a neighbor to sell them parking, would the neighbor have to get a license? Ms. Otto — No. That would be if it was public parking on private property. In an arrangement like he is describing where it is business to residence, it would not require a license. They are only supplying spaces to accommodate a special event. Mr. Marion — Essentially an overflow parking plan. Ms. Bramble—Tom, let me rephrase it. They don't know when they are going to get booked for special events but they have the excess parking plan in place when they come before Council to get permitted for a special event. They already have this plan and certified agreements with whomever they are going to park the cars at submitted at the time they submit for the special permission. Mr. Marion —Is there anyone from the public that would like to speak to this? Michael Bodine came forward and introduced himself. What if you wanted to have a special event and only wanted 16 guests, how does that affect the parking problem? Ms. Otto —You are saying that if a bed and breakfast asked for special events and stated we will only ever have 16? Mr. Bodine — Right. Ms. Otto—All of these are always under Special Review consideration where specific conditions can be imposed, that would be an option. Reading from the special event that the Beachview Inn was subject to, for their special events for commercial bed and breakfasts, it reads, 'A parking plan may include off-site parking arranged by the applicant or owner subject to the approval of the department" In this case it was the Zoning Department. It goes on that parking must accommodate 1 place for 4 persons. Is that similar language to what you are looking for to perhaps be added to this proposal? Ms. Bramble —That really means that they don't have to add these 4 extra spaces in commercial, right? They will have to submit the parking plan. Ms. Otto — It doesn't require, as it reads here, that they be on the property. It allows parking may include off- site arrangements. Ms. Bramble—That is basically what I'm saying. 12 20140213CityCouncilPacket Page 124 of 203 20140206/jrl Ms. Otto —There is no urgency on this ordinance. If you would like that language modified and brought back to the next meeting I'm open to that. Mr. Marion — Is there anyone else from the public that would like to speak to this? [There were none.] At this time I will close the public hearing. Is there discussion or a motion? Ms. Bramble — I make a motion that we strike the wording that was proposed and move that upon submitting an application for special events that they submit an off-site parking/shuttle plan to Council for each special event of 20 people, whether it is used or not. Mr. Borkowski — Second. Mr. Marion — I have a motion and a second to approve with revisions. All those in favor please signify. [Vote was unanimous.] Text Amendment—Section 3-160— Protective Screening of Adjacent Property Ms. Otto —This item is brought to you from the City Attorney's office. Frequently during Site Plan review when it gets to buffering, there have been hang ups on what can be allowed. The way the code currently reads if you don't meet the basic requirements of Section (C)(1), then you are required to have Special Review. That is an additional $500 fee to go through Site Plan Approval and Special Review. The language you have before you came from the City Attorney proposing that this type of Special Review not be considered the Special Review that you see for other things such as residential bed and breakfasts like we just talked about. Instead it would be combined with the Site Plan and would not incur any additional fees to propose an alternative buffering to the basic requirements that are stated above. That is the first aspect of this. The second one is with that same recent commercial bed and breakfast that had consideration and, as I recall, the private laundry we considered a few months back, there was discussion about another sentence in this code. In the basic requirements there is a sentence at the end of(1)(A) that reads, "In no instance will a street, sidewalk, or other like improvement be permissible as a buffer" It has been requested, and this request came after your packets went out, that it also be discussed and considered whether it needs to be revised. The history, according to the City Attorney, on that sentence was a quite old legal opinion that came out that is common to other municipalities dealing with buffering in that a street, sidewalk, or other improvement is not considered to be a buffer. For Tybee, perhaps, that does not fit well. It certainly didn't charm the folks that have been subject to it. As far as if a commercial use has a residential use across the street whether they are or are not required to still put in those basic protective screening requirements that are stated there of a fence or a wall that is 8-feet tall with a 5-foot vegetative area. Should that or should that not be required on the front of a commercial use if there is a residential use across the street. Two parts here, one I think you may have been prepped for in your packet. The second just got thrown at you. If you are not able to respond to the second one, it will come back to you later. Mr. Marion — Do we want to split these up? Ms. Otto — Let's start with the original intent. It simplifies combining if there is a protective screen or buffering proposal that does not meet the basic requirements, this language would allow that to be combined with the Site Plan consideration and not impose the additional cost of having a Special Review for that. Mr. Marion — Frank and Karen Kelly and their property comes to mind. If you look at the actual size of the lot and the location of the house where the street comes up to the property line, they don't have a lot of space between the house and the street. We need to consider that there are those out there that have substandard lots and perhaps they don't have a lot of space to work. In other words, we take that into consideration and recognize these are reasonable things that will occur and we will come across from time to time. Ms. Otto —Yes. The language, which is already in there, is that the Mayor and Council can impose conditions. It doesn't have to meet the requirement even if the applicant proposes they don't want to do this basic requirement. They say this is what I have and I would like for it to be considered adequate. The decision making at that time would be whether to accept that proposal or impose some alternative. Ms. Bramble—This is the first aspect that we're talking about? 13 20140213CityCouncilPacket Page 125 of 203 20140206/jrl Ms. Otto —The original proposal that Special Review not be an expensive and separate process that it be incorporated into Site Plan Approval. Mr. Marion — Let's say that we are looking at the front of the commercial property and there is residential across the street. Instead of the commercial property having to put up a buffer of some type, they have landscaping; this would not necessarily warrant that they have any kind of tall buffer. In lieu of the comment it could go to Council and they decide based on the property. Ms. Otto —Yes. As it is currently written, if that were the scenario and there is residential across the street and they are not proposing to meet the buffer of the basic requirements in that front, it would again fall under the less intrusive Special Review/Site Plan Approval that they could consider. If the applicant wasn't proposing any buffering at all, they could either accept that or impose some alternative. We could strike the sentence entirely and I still think that still leaves it open whether the front needs a buffer. If you don't, perhaps it needs replaced that if residential is across the street and there is a street in between you don't have to have a buffer. I'm not sure what you want to do with that. Mr. McNaughton —As far as a street or a buffer, I would feel uncomfortable removing that because of Pine Street, the laundry. You would have been right on those residential and that is a narrow street. If it read that there were a minimum size, for example, in no instance will a street less than'X'feet wide, sidewalk or other, so you wouldn't have that street as a buffer in neighborhoods where there is no room. Ms. Bramble — I'm not following you. You are saying to not use the street as a buffer, a narrow street? Mr. McNaughton — Not use a narrow street as a buffer. I regard something like Jones or Butler is wide enough but not on many of the side streets because they are so narrow. Ms. Bramble — I'm going to disagree with David. I would consider a street on each side as a buffer. The way I'm looking at it is they are already going to, like a bed and breakfast will present a parking plan, so people aren't going to be parking on the side of the street so it is a buffer. I would think looking at the streets adjacent is not a buffer than it is like you are building 8-foot walls all the way around the building. To me, it would look like the electric on Fourth, you look through the 8-foot and 10-foot fence and behind that you have your special event. To me it would look ridiculous. Mr. Borkowski — It's pretty hard to envision every possible thing that could happen as far as a business and I think that is a good sentence to have in there. You are trying to define the width of the street and a lot of other factors. If you leave that in there they have to come to us and the City Council to have it waived and I think that is a good protection. It gives you options and that is a touchy subject, a commercial enterprise in a residential area. That just gives people a chance to make a decision and some flexibility. Ms. Bramble—What exactly is the total dollar fee if a business came back again? Ms. Otto —This comes up during Site Plan Approval of a commercial project. They pay $500 for Site Plan Approval. The way this had read before this red addition, if they didn't meet the basic requirements they had to pay another $500 for consideration of any buffer other than what was required. Ms. Bramble - $1,000. Ms. Otto —Yes. During the discussions when we are doing Site Plan Approval, they all mesh together and it really isn't a separate process at that point when you are reviewing a site. The buffering is part of the overall plan. Ms. Bramble — If we kept the safeguards in there, as Tom was talking about, and not consider the streets as a buffer, maybe we just need to think about just reducing the fee. One fee to encompass coming before Council to say can I use these streets as a buffer under the one $500 fee. Ms. Otto —Yes. That is what this would do. 14 20140213CityCouncilPacket Page 126 of 203 20140206/jrl Mr. Borkowski —One building might be up against the street where another could be set back further. It is two totally different situations for the residents living across the street from it. Mr. Marion — Is there anyone from the public that would like to speak to this? [There were none.] At this time I will close the public hearing. Is there discussion or a motion? Ms. Bramble — I make a motion to approve the wording as is. Mr. Borkowski — Second. Mr. Marion — I have a motion and a second to approve as written. All those in favor please signify. [Vote was unanimous.] Text Amendment— Model Wind Ordinance for Wind Energy Facilities Ms. Otto —This would be a new ordinance for Tybee Island. It is a model wind ordinance for wind energy facilities. This item was on your last agenda but did not get discussed due to the lateness of the hour. You have got quite a big packet, which I tried to color-code and help you through. This is not specific to any proposed City project of installing a wind turbine on Tybee. This is an ordinance that would regulate any proposed wind turbine on Tybee whether it be a City or private enterprise. The ordinance itself is a model that would need to have Tybee's municipality added into and a few other blanks filled in if we are going to move forward with it. Mr. McNaughton —There is a section (5)(A) regarding setbacks. I have no idea how small or how big wind turbines come. Let's just say 100-foot is an average. Is there any site on Tybee that would meet the setback requirements? Ms. Otto — I hadn't considered your question. I don't know. I would think that it would take a large amount of space for a 100-foot tower given the multiplier there to get to the setback distance depending on where it is sited. The lowest multiplier is 1.1. If it was a 100-foot turbine, that's 110 feet. I'm trying to picture properties that have 110 feet in all directions if you sited the wind turbine in the middle and none are coming to mind. Mr. McNaughton — Maybe Paul Wolff would know but I think in considering an ordinance that would be the first thing is whether the island could accommodate these setbacks and still accommodate a wind turbine. Mr. Marion — Do we have anyone that would like to speak to this? Paul Wolff came forward and introduced himself. I do want to address David's question. There are all different styles of turbine. If someone, for instance, wanted to put one on a private home or private lot, there are vertical access turbines that you may have seen that look like a double helix, like a DNA molecule, that would be maybe 10 feet tall or would be 20 feet tall with the staff they are mounted on. There would be some applications for those. They tend to be very small and be in the 1 to 4 kilowatt range, I think, maybe 1 to 5 kilowatt. They would be, on average, like a small solar system in terms of power output. That is the sort of application that might be able to be installed on Tybee in a residential area. Mr. McNaughton —What about a commercial one and I'm thinking specifically about the wind turbine that has been offered to Tybee? Mr. Wolff—There are three possible locations that I looked at. I looked all over the island. My first choice was behind the pavilion in Memorial Park where it would be centrally located. This would have to be 165 feet. It is 150 to the top of the blades so you would have to have a 1.1 fall down zone so that would be 165 feet. It would have to be that far from either a residence or a public building and this ordinance defines public building not as office space or something that might be occupied by the owner or property owner or just part-time by a business but where public would gather. Those would be the two things that would have to be that far away. For instance, it couldn't fall on the library, the Y, City Hall, gym, any of the buildings in the park. It would have to be 165 feet away from those. That was a limiting factor and the fact that I think there would be more shadow flicker involved if it were this centrally located. Jaycee Park would be the other location. It wouldn't have as many issues in terms of shadow flicker or fall down but I don't think it is appropriate there and the wind resource 15 20140213CityCouncilPacket Page 127 of 203 20140206/jrl wouldn't be as good because Officers Row is so high and the tree cover is more significant. The water treatment plant was the logical choice for those reasons and the fact that we would be using all the energy that it produces so there is an economic factor as well. I just wanted to answer your question about the fall down zone and that is a good question because there aren't many lots on Tybee that would accommodate a horizontal access turbine of any size. Mr. Marion —Given the size of what we are talking about, can you tell me specific to shadow flicker, is there a study that has been done or what is the cost of that type of study? Mr. Wolff—There have been numerous studies done. There are lots of rumors about shadow flicker as there are about turbines in general. There are no proven or documented health issues attributed to shadow flicker. People say they trigger epileptic seizures. That has never been proven. It is a nuisance if anything. That is one reason why this ordinance includes it. The way the ordinance reads, a turbine cannot generate more than 30 hours a year upon any building off the property. That is 2-1/2 hours a month which shouldn't be a major issue. There are studies that can be done and I might suggest that if you are thinking about modifying the ordinance in any way that before an installation is completed in any area that a shadow flicker study be done. I am sure there are many companies around that do shadow flicker studies. Depending on the size of the installation, they run anywhere from $1,000 to $2,500 and these are engineered studies that are done and sealed. They should be submitted as part of the application process, if that is one of the requirements. Rule of thumb is that the nearest residence or occupied building should be 10 times the radius of the rotor away if no shadow flicker study is done but again it is either/or. This was generated by the Georgia Wind Working Group. It took about a year and I was one of the people involved in drafting this model ordinance. It has been reviewed in other areas. I think it is pretty comprehensive as we tried to address every possibility and as you have no doubt seen it, it is fairly complex. Jim Vandenberg came forward and introduced himself. I'm a resident of Tybee. I have a couple of concerns about the wind turbine. I'm sure Paul has researched it quite well. I see nothing in here to restrict the number of turbines allowed on the island. Also, there is no height restriction and there is a height restriction on buildings. If we're going to put up 110-foot turbines throughout the island, this is going to take away from what Tybee is. If I were vacationing and I came to a place full of wind turbines, it would certainly distract my enjoyment and would also prevent me from coming back. Secondly, I see he does have a study on wind turbines photo sensitivity epilepsy, which I haven't read, but I do know some epileptics are sensitive to this flicker effect and can induce convulsions. If someone is walking on the beach, driving a car, riding a bicycle, this could be a problem. I don't see anything in here restricting as to where they can be placed. Could they be set throughout the whole island or are they going to restrict it to just one area of the island so they are unobtrusive and not take away from the character of Tybee? These are some of the concerns I have and should be addressed. Mr. Marion — Is there anyone else that would like to speak on this? [There were none.] At this time I will close the public hearing. Do I have any discussion? Mr. Borkowski — Is there any possibly of putting if offshore? Mr. Wolff— Not at this time. Mr. McNaughton —I would like to study this more. I suggest we continue this to our next meeting. Ms. Bramble — I agree with David. I don't know enough about this. I came to a public meeting, several years ago, and they were talking about the grids and off-shore turbines and it was really interesting but I didn't think we would have a turbine come up this quickly. I'm with the resident that came up as there are some questions that would have to be addressed in this ordinance. Where else would you place them? There are three places and how many could we squeeze into the waste treatment plant? What do the other residents on Tybee think? I would say let us look at it a little more before we pass it on to Council. Mr. Marion — Dianne, do we have an idea as to what kind of time frame we have? Ms. Otto—To me the ordinance is separate, but the proposed windmill project for the City is to be considered by Council in February. It sounded like an up or down vote whether to pursue that particular project. I do think this 16 20140213CityCouncilPacket Page 128 of 203 20140206/jrl ordinance is needed to regulate private proposals just as Mr. Wolff referenced. Some folks are looking for alternatives, be it solar or wind, and his description of these small type structures are certainly something that will be coming as technology evolves and we should have an ordinance in place to deal with those in the future. I don't have a problem with continuing this until the next meeting. I think one thing that may be helpful is if I would Tybeeize it by inserting our municipality in these different blanks, making the table that has agricultural and industrial zones go away because we don't have such things and make it instead specific to us. Mr. Marion —We would like to take a little more time with this. We feel it would probably be better to not throw the cart before the horse and really get something for the City to get out there. Mr. Wolff—That is entirely your decision. That is why I wanted to get it to you early. What I am hoping to do, and this is strictly my personal inclination, is I'm probably going to try and put it on the agenda for the second meeting in February. Ms. Bramble — My question is are they giving us a timeline, the company that is donating it? Mr. Wolff- The offer was made at the beginning of October and I have held them off this long. I'm getting the impression they are getting a little impatient. If Council approves the acceptance, most likely it will take them another 30 to 90 days to work it through their bureaucracy and it has to be shipped and then we go through the installation process. I think best case scenario is if it passes Council at the end of February, the installation would not take place until mid-summer at the earliest if all goes smoothly. Mr. Borkowski — How tall is a water tower? Mr. Wolff—The cell tower by the Police Station? Mr. Borkowski —The one at the corner. Mr. Wolff—The water towers are in the 140-foot range. I know for a fact the cell tower up by the Police Station is 146 feet. Mr. Borkowski —We're talking about the same height. Mr. Wolff— Roughly. That's just the blades. The hub is 120 feet on this particular model. Mr. Marion —I would like to delay this until our February session. Mr. Borkowski —You could Tybeeize it by then? Ms. Otto —Yes. I think it will read easier. Mr. Marion — Do I have a motion to adjourn? Ms. Bramble—I make a motion to adjourn. Mr. McNaughton—Second. Mr. Marion—All those in favor please signify. [Vote was unanimous.] Meeting ended at 9:05 PM Minutes byJerris Bryant 17 20140213CityCouncilPacket Page 129 of 203 20140206/jrl MAYOR 1. a CITY MANAGER Jason Buelterman (0 Diane Schleicher CITY COUNCIL - CITY CLERK Wanda Doyle,Mayor Pro Tem } Janet LeViner Barry Brown it) Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks {.4tV; t 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: February 13, 2014 Item: Consideration of Ordinance Explanation: Text Amendment— Ordinance 20-2014; Municipal Code Section 58-179, Regulatory Fees; Schedule; City of Tybee Island, petitioner; consideration of amendment to private parking lot fees Budget Line Item Number(if applicable): N/A Paper Work: Attached* Ai 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: February 5, 2014 P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified* (866) 786-4573—FAX(866) 786-5737 , City of 1 www.cityoftybee.org a�Ethics If 20140213CityCouncilPacket Page 130 of 203 2o114ot0F/rl ARTICLE V. OCCUPATION TAX Sec. 58-179. Regulatory fees; schedule. Any business of the type listed below operating within the city shall pay a regulatory fee, even if such business has paid a business tax in Savannah, Tybee Island or another jurisdiction, and regulatory fees as defined in section 58-154(b) are established for those businesses operating within the corporate limits of the city, according to the following schedules: Alcoholic Beverages SIC License Classification I Fee 1 5813 Retail beer/wine-sale by package only; consumption on premises $350.00 prohibited 5839 Retail beer/wine-sale by drink for consumption on premises only i$575.00 5815 Retail liquor-sale by package only; consumption on premises prohibited $850.00 1 5816 l Retail liquor-sale by drink for consumption on premises only $1,250.00 5818 Retail liquor-sale by package and drink both in one building under one $2,000.00 1 ownership 5881 ,Wholesale beer $765.00 Il 15 Wholesale liquor $1,500.00 15182 Wholesale wine $150.00 I 2080 .Distiller, brewer, or manufacturer of alcoholic beverages $300.00 Special event-beer,wine, liquor; special event- beer,wine, liquor $50.00 per day; (establishments not holding current license) $100.00, 3-day I Special event-beer,wine, liquor(establishments holding current license) 1510.00 per event ISunday sales for package only, in addition to all other regulatory fees and $50.00 w taxes Miscellaneous License Classification _ - Fee Advertising,off-premises (billboards)TIC Sec. 8-4-24: 1-32 square feet(4'x8') $50.00 —128 square feet (8'x16') $75.00 —192 square feet(12'x16') $100.00 —288 square feet(12'x24') $125.00 Amusements, itinerant(circus, carnival)TIC 7-1-1/7-1-4 $75.00 per day; $600.00 maximum 1 Beach equipment, beach vehicle, and watercraft rental, per site TIC 9-3-30/9-3-36 $300.00 Book and magazine canvasser; registration fee $45.00 Page 1 20140213CityCouncilPacket Page 131 of 203 20140206/jrl Building and construction contractors, subcontractors and tradesmen, licensed in $20.00 another jurisdiction; registration fee Escort $500.00 Live entertainment $50.00 Masseuse $250.00 J Private parking lots Residentially Zoned $ Commercial $200.00 Promoter-special events, pageants, festivals, exhibitions, sporting events, shows, etc. —Per single event TIC 7-1-1/-4 $50.00 —Transient merchant TIC 9-1-20 1$75.00 per day Transient rentals; registration fee $45.00 Vendor, festival hawker 1$25.00 per day Vendor, arts and crafts 1$25.00 per event Notwithstanding any other provision of this section, a business that is already licensed and paying an occupation tax to Tybee shall not have to pay a regulatory fee in connection with vending activities as long as such activities are limited to the same line of product or service covered by the occupational tax paid. (Code 1983, § 3-2-72; Ord. No. 12-2010, 7-22-2010; Ord. No. 51-2011, 12-8-2011; Ord. No. 08- 2012, 8-23-2012) Page 2 20140213CityCouncilPacket Page 132 of 203 20140206/jrl ORDINANCE NO. 20-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO THE OCCUPATION TAX PRIVATE,PARKING LOTS FOR THE CITY OF TYBEE ISLAND, GEORGIA 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, and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers, and WHEREAS, an amendment has been proposed to decrease the regulatory fee applicable to private parking lots; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that the Code of Ordinances of the City of Tybee Island shall be amended in order to make the change in the regulatory fee schedule found at Section 58-179. SECTION 1 Section 58-179 will be amended and, as to private parking lots, will read as follows: Private Parking Lots $ Residentially Zoned $ Commercial $200.00 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 illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. 20140213CityCouncilPacket Page 133 of 203 20140206/jr1 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 , 2014. MAYOR A LEST: CLERK OF COUNCIL FIRST READING: 12.12.13 SECOND READING: ENACTED: EMH/Tybee/Ordinances/2414/20-2014-Sec.58-179 regulatory fee—02.04.14 20140213CityCouncilPacket Page 134 of 203 20140206/jr1 MAYOR CITY MANAGER Jason Buelterman - Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern 4 Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks ` ‘1' Paul Wolffr,"'��`- 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: February 13, 2014 Item: Second Reading Explanation: Text Amendment— Ordinance 01-2014; Article 8, Flood Damage Prevention; City of Tybee Island, petitioner; consideration of increased freeboard requirement Budget Line Item Number (if applicable): N/A Paper Work: j 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: February 5, 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 y" .\\ L. • 20140213CityCouncilPacket Page 135 of 203 20140T08/id MAYOR ` F 67044 CITY MANAGER Jason Buelterman Diane Schleicher ,''- . gin CITY COUNCIL c) 5r CITY CLERK Wanda Doyle,Mayor Pro Tem Janet LeViner Barry Brown 6: Rob Callahan ! CITY ATTORNEY Bill Garbett -It, Edward M.Hughes Monty Parks �t �,,s, Paul Wolff �.- CITY OF TYBEE ISLAND Description: Consideration of increased freeboard requirement Ordinance: Article 8 Zoning Action Requested: Text Amendment- FIRST READING Following any required Public Hearing, the Mayor and Council of the City decided on the 9th day of January, 2014, that the request for Text Amendment was CONTINUED. ,....J Qivi4.-$ 5 - \ 3 -14' Plannin and Zonin ana er Date / gA-4.-14764 - i i z._r i / +if 9 9 anager , er Date 1://r2,cs,2-// rk of Council Date P.Q. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 (912) 786-4573—FAX(912) 786-5737 www.eityoftybee.org 20140213CityCouncilPacket Page 136 of 203 20140206/jrl LC of- 01?- 2o14 fift ,-, use 5 Buelterman asked Ms. Otto if the letter of the law was followed regarding the posting of the signs and meeting. Ms. Otto confirmed. She further stated that the public hearing before mayor and cou,Qcil is the official public hearing. Notices were mailed to the adjacent neighbors, pub'Fished in the legal organ, and meeting posted. Mr. Bernstein confirmed he did receive hptification in the mail but still feels he was denied his due process. He then expressed his concerns with the variance reques has it is 10' off his property line. Ms. Doyle stated that it is her understanding the - isting slab would be used. Mr. Bernstein confirmed . d further discussed the •'ing the footprint of the residence so it is not so close to is property line and . ould recommend moving it closer to Robinson Avenue. Ms. 0 • clarified that t . property is in a R-1 zone, the set-backs are 20' front and back and 1' on the si•-s. The footprint as proposed is on the front, 18.2', and if moved further 'ward •obinson Avenue he will not meet the front set-back. Mack Kitchen approa mayor and council stating he is not requesting anything more than the exi- i a variance as previously approved. Mr. Garbett asked Mr. Kitchen if he will ave t rebuild the existing slab. Mr. Kitchen responded no as the footings are s •le. Mr. B ,wn asked Mr. Kitchen to meet with Mr. Bernstein to come to an amicabl-'solution. Mr. Ki.. hen responded he only wants to use the existing slab. Wanda D. 'le made a motion to approve. Monty Parks seconded. Discussion: Mayor Bu; erman asked for clarific. ion with the notification process. Ms. Otto responded tha he public hearing sign is nor ally posted the Tuesday of the week prior to the pla ing commission meeting. He the asked Ms. Schleicher to set a policy for posting e signs to ensure proper posting o the notification signs. Ms. Schleicher confir ed and will work with DPW. Voting in favor were Paul Wolff, Monty Parks, Wanda Doyle and Bill Garbett. Voting against was Rob Callahan and Barry Brown. Motion carried 4-2. 01-2014, First Reading, Text Amendment, Consideration of Increased Freeboard Requirement; Article 8 — Flood Damage Prevention. Ms. Otto approached mayor and council and stated that this was heard by the Planning Commission at both their November and December meetings. At the November meeting they requested more input regarding the CRS program as did mayor and council at their meeting. At the December meeting after receiving the information the motion was to approve a change from 1' freeboard to 3' freeboard and was approved b- 0. She further explained that there are a number of changes within Article 8, Flood Damage Prevention, where reference is made to the 1' freeboard and if approved all those would be changed to reflect the 3' freeboard requirement. Ms. Otto stated that this is a first reading and will be before mayor and council on January 23, 2014. Mayor Buelterman asked Ms. Otto if this is just inclusive of the freeboard. Ms. Otto confirmed as the Planning Commission requested further information regarding other options. 20140123CityCouncilPacket Page 13 of 153 20140118/jrl 20140213CityCouncilPacket Page 137 of 203 20140206/jrl Mayor Buelterman then asked if there are other items that the City might not have reviewed that would have unintended consequences for example, issues with stairs in the setback which requires variances. Ms. Otto stated that it will vary site to site based on ground elevations as the current FEMA requirement is for how high you have to build and then the City's additional 3' freeboard. She further stated that for many locations, residents are choosing to elevate to the point of having parking under their residences, they are meeting and in some cases exceeding the 3' freeboard. Mayor Buelterman asked Mr. Brown the difference in building in a "V" zone versus an "AE" zone. Mr. Brown explained that the lowest structural member is required to be 1' above the flood plain whereas in an "AE" zone it determined by the finished floor section. Mayor Buelterman recommended that mayor and council approve this request as it does not just affect the properties that are under construction but affects everyone. He would suggest that the City take a harder look at the unintended consequences and determine where it might impact other areas of the Code. There was a discussion regarding adding fill to the property during construction. Mayor Buelterman asked Ms. Otto is she had available the information showing the difference in the annual flood insurance costs for 1', 2' and 3' freeboard. Ms. Otto stated it is included in the packet before mayor and council. Mayor Buelterman would recommend that property owners that are building adopt the 3' freeboard. Mr. Brown suggested that this agenda item be revisited until such time that more research is done. Mayor Buelterman confirmed as the City has until April 2014 before the site visit, Mr. Brown stated he will contact Jimmy Brown to work with him for further suggestions. Mr. Wolff stated that it will be in everyone's best interest to conform to the 3' freeboard which will result in lower flood insurance rates. Mr. Wolff discussed the added expense to increase to a 3' freeboard which is minimal. He then explained that mayor and council are trying to accomplish ways to receive the 375 points on the City's CRS rating by enacting an ordinance that requires 3' of freeboard for all new construction as it has no effect on existing structures. Mayor Buelterman asked Mr. Brown his recommendations, as a City, on ways to find more points to lower flood insurance rates. Mr. Brown responded that he would like to meet with Jimmy Brown and discuss all aspects of the proposed ordinance. Mayor Buelterman recommended that this be placed on the February city council agenda and during the time meet with local builders to get their recommendations and input. Jimmy Brown approached mayor and council and stated that the City has already received the packets and will start working toward the April 16, 2014 cycle visit. He explained that documents to include maps are required to be submitted by February 18, 2014. It is his understanding that as long as this ordinance is in place for the April 16, 2014 meeting, points could be awarded. Calculations take up to 45 days to be made and it is his recommendation that the 3' freeboard be adopted. Mayor Buelterman recommended that the first reading be table until clarity is 20140123CityCouncilPacket Page 14 of 153 20140118Vjrl 20140213CityCouncilPacket Page 138 of 203 20140206/jrl received on how this will impact other aspects of the Code. He further recommended it be included on the February 13, 2014 agenda. Jimmy Brown confirmed. Mayor Buelterman asked Jimmy Brown if there were items that are being reviewed by Chatham Emergency Management Association (CEMA) that are not being addressed due to their priories. Ms. Schleicher stated that those items are related to dams and levees which does not affect Tybee Island. Mayor Buelterman expressed his concerns that Chatham County might not be doing what they can to assist the City in receiving more points and if this is happening he would ask Jimmy Brown to alert mayor and council so they can be addressed. Tong Petrea approached mayor and council to express his approval of the 3' freeboard ordinance. He explained that with the 3' freeboard there may be some unwanted consequences such as height which will cause additional variance requests. Mr. Petrea is in agreement with continuing the first reading until more information is obtained. He would further recommend that mayor and council get the support of the City regarding free space. In this way the City can maintain the rating of 7 or move above. Bill Garbed made a motion to continue to the city council meeting on February 13, 2014. Paul Wolff seconded. Vote was unanimous, 6-0. 02-2014, First Reading, Text Amendment, Co •deration of Amendment to Adopted Codes Section 9-050, Technical Cod Adopted. Ms. Otto stated that in Article 9 there is a t of various technical codes t' .t the City of Tybee has adopted and most are included in - International Code Cr ncil (ICC). It has been a practice of staff that when the Co.- are adopted an.. published from the ICC or NFPA, the Department of Community airs review and institutes the Georgia Amendments which is a fine tuned blanket col - to Geor2ia situations. These amendments have been used to enforce instances on the an.. Ms. Otto explained there was a recent audit and a result was the City does it have language that adopted the Georgia Amendments which are being enforc:d • the Island. The proposed ordinance before mayor and council includes langu. e that he City does use the Technical Codes as amended by the Georgia Amend -nts. She s,.ted that this was heard by the Planning Commission and was approved .=0. Rob Calla an made a motion to approve. Paul Wolff seconded. Vote was un..nimous, 6-0. Consideration of Ordina ces Resolutions 03-2014, Second Rea ing, Sec 3-080, Off-street •arking, Bicycle Racks. Wanda Doyle made motion to approve. Paul Wol seconded. Vote was unanimous, 6-0. 20140123CityCouncilPacket Page 15 of 153 20140118/jr1 20140213CityCouncilPacket Page 139 of 203 20140206/jrl av �( PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: December 17, 2013 Project Name/Description: Article 8-Flood Damage Prevention Action Requested: Text Amendment 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 X 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 Motion to approve to 3 feet Marion X Vice Chair McNaughton X Parks Chair Absent The Planning Commission recommends: I1 Approval ❑ Denial ❑ Continued fi Planning Commission Ch • . r Date: 1 Z-1q ` 3 Planning& Zoning Manager: 4 . ., _ iI 1.11 Date: i a.l Q-l3 20140213CityCouncilPacket Page 140 of 203 20140206/jr1 Sec. 8-190. Specific standards. In all areas of special flood hazard designated as Al-30, AE, AH, A (with estimated BFE), the following provisions are required: (1) New construction and/or substantial improvements. Where base flood elevation data are available, new construction and/or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than one-feet three feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of subsection 8-180(4), "Elevated Buildings." a. All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing fixtures and other service facilities shall be elevated at or above one foot three feet above the base flood elevation. (2) Non-residential construction. New construction and/or the substantial improvement of any structure located in Al-30, AE, or AI-1 zones, may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to one foot three feet above the base flood elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in subsection 8-170(6). (3) Standards for manufactured homes and recreational vehicles—Where base flood elevation data are available: a. All manufactured homes placed and/or substantially improved on: (1) individual lots or parcels, (2) in new and/or substantially improved manufactured home parks or subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or (4) on a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood, must have the lowest floor including basement, elevated no lower than one–foot three feet above the base flood elevation. b. Manufactured homes placed and/or substantially improved in an either existing manufactured home park or subdivision may be elevated so that: 1. The lowest floor of the manufactured home is elevated no lower than one-foot three feet above the level of the base flood elevation; or 2. The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade. c. All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (ref. subsection 8-180(6) above) d. All recreational vehicles placed on sites must either: 1. Be on the site for fewer than 180 consecutive days; 2. Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or 20140213CityCouncilPacket Page 141 of 203 20140206/jrl 3. The recreational vehicle must meet all the requirements for "New Construction", including the anchoring and elevation requirements of subsections (3)a. and c., above. (4) Floodway. Located within areas of special flood Hazard established in section 8-080 are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply: a. Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof. b. Only if subsection (4)a. above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of this division. Sec. 8-200. Building standards for streams without established base flood elevations and/or floodway (A-zones). Located within the areas of special flood hazard established in section 8-080, where streams exist but no base flood data have been provided (A-zones), or where base flood data have been provided but a Floodway has not been delineated, the following provisions apply: (1) When base flood elevation data or floodway data have not been provided in accordance with section 8-080), then the building and zoning department shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a federal, state, or other source, in order to administer the provisions of this division. Only if data are not available from these sources, then the following provisions (subsections (2) and (3)) shall apply: (2) No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or 25 feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in more than one foot increase in flood levels during the occurrence of the base flood discharge. (3) In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site. (NOTE: Require the lowest floor to be elevated ane4eet three feet above the estimated base flood elevation in A-Zone areas where a limited detail study has been completed). Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection 8-180(4), "Elevated buildings." a. All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing fixtures, and other service facilities shall be elevated no less than three feet above the highest adjacent grade at the building site. The Building and Zoning Department shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. 20140213CityCouncilPacket Page 142 of 203 20140206/jrl Sec. 8-220. Standards for areas of shallow flooding (AO zones). Areas of special flood hazard established in Section 8-080, may include designated "AO" shallow flooding areas. These areas have base flood depths of one to three feet above ground, with no clearly defined channel, The following provisions apply: (1) All new construction and substantial improvements of residential and non-residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the flood insurance rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of subsection 8-1 80(4), "Elevated buildings". The surveyor, architect, or engineer shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. (2) New construction or the substantial improvement of a non-residential structure may be flood- proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one-foot three feet, above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and as required in subsections 8-160(1)c. and (2). (3) Drainage paths shall be provided to guide floodwater around and away from any proposed structure. Sec. 8-230. Coastal high hazard areas (V-zones). Located within the areas of special flood hazard established in Section 8-080, are areas designated as coastal high hazard areas (V-zones). These areas have special flood hazards associated with wave action and storm surge,therefore, the following provisions shall apply: (1) All new construction and substantial improvements of existing structures shall be located landward of the reach of mean high tide; (2) All new construction and substantial improvements of existing structures shall be elevated on piles, columns, or shear walls parallel to the flow of water so that the bottom of the lowest supporting horizontal structural member (excluding pilings or columns) is located no lower than one foot three feet above the base flood elevation level. All space below the lowest supporting member shall remain free of obstruction or constructed with non-supporting breakaway walls. Open wood lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with subsection below; (3) All new construction and substantial improvements of existing structures shall be securely anchored on pilings, columns, or shear walls; and (4) All pile and column foundations and the structures attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the combined effects of wind and water loads acting simultaneously on ALL building components, both (non-structural and structural). Water loading values shall equal or exceed those of the base flood. Wind loading values shall be in accordance with the most current edition of the (ICC) International Building Codes. 20140213CityCouncilPacket Page 143 of 203 20140206/jrl (5) A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in subsection (2) through (4) herein. (6) All space below the lowest horizontal supporting member must remain free of obstruction. Open wood lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action without causing structural damage to the supporting foundation or elevated portion of the structure. The following design specifications are allowed: a. No solid walls shall be allowed; and b. Material shall consist of open wood lattice or mesh screening only. c. If aesthetic open wood lattice work or screening is utilized, any enclosed space shall not be used for human habitation, but shall be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. (7) Prior to construction, plans for any structures having open wood latticework or decorative screening must be shown on the plans submitted to the city building and zoning department for review and approval; (8) Any alteration, repair, reconstruction or improvement to any structure shall not enclose the space below the lowest floor except with open wood latticework or decorative screening, as provided in this section. (9) There shall be no fill used as structural support. Non-compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects, or wave deflection. The building and zoning department shall approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and/or soil scientist, which demonstrates that the following factors have been fully considered: a. Particle composition of fill material does not have a tendency for excessive natural corn paction; b. Volume and distribution of fill will not cause wave defection to adjacent properties; and c. Slope of fill will not cause wave run-up or ramping. (10) There shall be no alteration of sand dunes or mangrove stands, which would increase potential flood damage; (11) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of subsection 8-190(3) are met. 20140213CityCouncilPacket Page 144 of 203 20140206/jrl ORDINANCE NO. 01-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO ARTICLE 8 REGARDING FLOOD DAMAGE PREVENTION FOR THE CITY OF TYBEE ISLAND, GEORGIA 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, and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island so as to amend Article 8, Flood Damage Prevention, so as to increase the "freeboard" requirement from one foot to "three feet" and to amend Sections 8-190, 8-220, and 8-230 to accomplish such change; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Article 8, Sections 8-190, 8-200, 8-220, and 8-230 of the Code of Ordinances of the City of Tybee Island shall be amended. SECTION 1 Sections 8-190, 8-220, and 8-230 are hereby amended and will hereafter read as follows: Sec. 8-190. Specific standards. In all areas of special flood hazard designated as Al-30, AE, AH, A (with estimated BFE), the following provisions are required: (1) New construction and/or substantial improvements. Where base flood elevation data are available, new construction and/or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of subsection 8-180(4), "Elevated Buildings." a. All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing fixtures and other service facilities shall be elevated at or above three feet above the base flood elevation. (2) Non-residential construction. New construction and/or the substantial improvement of any structure located in Al-30, AE, or AH zones, may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to three feet above the base flood elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and 20140213CityCouncilPacket Page 145 of 203 20140206/jrl hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in subsection 8-170(6). (3) Standards for manufactured homes and recreational vehicles—Where base flood elevation data are available: a. All manufactured homes placed and/or substantially improved on: (1) individual lots or parcels, (2) in new and/or substantially improved manufactured home parks or subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or(4) on a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood, must have the lowest floor including basement, elevated no lower than three feet above the base flood elevation. b. Manufactured homes placed and/or substantially improved in an either existing manufactured home park or subdivision may be elevated so that: 1. The lowest floor of the manufactured home is elevated no lower than three feet above the level of the base flood elevation; or 2. The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade. c. All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (ref. subsection 8-180(6) above) d. All recreational vehicles placed on sites must either: 1. Be on the site for fewer than 180 consecutive days; 2. Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or 3. The recreational vehicle must meet all the requirements for "New Construction", including the anchoring and elevation requirements of subsections (3)a. and c., above. (4) Floodway. Located within areas of special flood Hazard established in section 8-080 are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply: a. Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase in flood levels or floodway widths during a base flood discharge. A registered professional engineer must provide supporting technical data and certification thereof. b. Only if subsection (4)a. above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of this division. 20140213CityCouncilPacket Page 146 of 203 20140206/jrl Sec. 8-200. Building standards for streams without established base flood elevations and/or floodway (A-zones). Located within the areas of special flood hazard established in section 8-080, where streams exist but no base flood data have been provided (A-zones), or where base flood data have been provided but a Floodway has not been delineated,the following provisions apply: (1) When base flood elevation data or floodway data have not been provided in accordance with section 8-080), then the building and zoning department shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a federal, state, or other source, in order to administer the provisions of this division. Only if data are not available from these sources,then the following provisions (subsections (2) and (3)) shall apply: (2) No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or 25 feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in more than one foot increase in flood levels during the occurrence of the base flood discharge. (3) In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site. (NOTE: Require the lowest floor to be elevated three feet above the estimated base flood elevation in A-Zone areas where a limited detail study has been completed). Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection 8-180(4), "Elevated buildings." a. All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing fixtures, and other service facilities shall be elevated no less than three feet above the highest adjacent grade at the building site. The Building and Zoning Department shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. Sec. 8-220. Standards for areas of shallow flooding (AO zones). Areas of special flood hazard established in Section 8-080, may include designated "AO" shallow flooding areas. These areas have base flood depths of one to three feet above ground, with no clearly defined channel. The following provisions apply: (1) All new construction and substantial improvements of residential and non-residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the flood insurance rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of subsection 8-180(4), "Elevated buildings". The surveyor, architect, or engineer shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. (2) New construction or the substantial improvement of a non-residential structure may be flood- proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus three feet, above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for 20140213CityCouncilPacket Page 147 of 203 20140206/jrl meeting the provisions above, and shall provide such certification to the official as set forth above and as required in subsections 8-160(1)c. and (2). (3) Drainage paths shall be provided to guide floodwater around and away from any proposed structure. Sec. 8-230. Coastal high hazard areas (V-zones). Located within the areas of special flood hazard established in Section 8-080, are areas designated as coastal high hazard areas (V-zones). These areas have special flood hazards associated with wave action and storm surge,therefore, the following provisions shall apply: (1) All new construction and substantial improvements of existing structures shall be located landward of the reach of mean high tide; (2) All new construction and substantial improvements of existing structures shall be elevated on piles, columns, or shear walls parallel to the flow of water so that the bottom of the lowest supporting horizontal structural member (excluding pilings or columns) is located no lower than three feet above the base flood elevation level. All space below the lowest supporting member shall remain free of obstruction or constructed with non-supporting breakaway walls. Open wood lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with subsection below; (3) All new construction and substantial improvements of existing structures shall be securely anchored on pilings, columns, or shear walls; and (4) All pile and column foundations and the structures attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the combined effects of wind and water loads acting simultaneously on ALL building components, both (non-structural and structural). Water loading values shall equal or exceed those of the base flood. Wind loading values shall be in accordance with the most current edition of the (ICC) International Building Codes. (5) A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in subsection (2) through (4) herein. (6) All space below the lowest horizontal supporting member must remain free of obstruction. Open wood lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action without causing structural damage to the supporting foundation or elevated portion of the structure. The following design specifications are allowed: a. No solid walls shall be allowed; and b. Material shall consist of open wood lattice or mesh screening only. c. If aesthetic open wood lattice work or screening is utilized, any enclosed space shall not be used for human habitation, but shall be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. (7) Prior to construction, plans for any structures having open wood latticework or decorative screening must be shown on the plans submitted to the city building and zoning department for review and approval; (8) Any alteration, repair, reconstruction or improvement to any structure shall not enclose the space below the lowest floor except with open wood latticework or decorative screening, as provided in this section, (9) There shall be no fill used as structural support. Non-compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from 20140213CityCouncilPacket Page 148 of 203 20140206/jrl storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects, or wave deflection. The building and zoning department shall approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and/or soil scientist, which demonstrates that the following factors have been fully considered; a. Particle composition of fill material does not have a tendency for excessive natural compaction; b. Volume and distribution of fill will not cause wave defection to adjacent properties; and c. Slope of fill will not cause wave run-up or ramping. (10) There shall be no alteration of sand dunes or mangrove stands, which would increase potential flood damage; (11) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of subsection 8-190(3) are met. 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 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. 20140213CityCouncilPacket Page 149 of 203 20140206/jrl 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMH/Tybee!Ordinances/2014/01-2014-Secs. S-190,8-200,8-220,8-230 Flood damage prevention-fr DO- 12.26.13-clean 20140213CityCouncilPacket Page 150 of 203 20140206/jr1 FOR THE PLANNING COMMISSION MEETING OF: December 17, 2013 FOR THE CITY COUNCIL MEETING OF: January 9, 2014 Consideration of increased freeboard requirement Packet contents: A. LDC Article 8, Flood Damage Prevention (pages 1 —21) a. Section 8-060, Definitions — "freeboard" (page 7) b. proposed change from one foot to two foot or three foot (pages 16 — 19) B. Community Rating System Coordinator's Manual (pages 22 - 37) a. Glossary—"freeboard" (page 23) b. Higher Regulatory Standards (pages 24 —37) i. Freeboard (pages 32 —37) C. Floodplain Management Requirements (pages 38 & 39) a. Compensatory Storage (page 39) D. CRS Credit for Higher Regulatory Storage (pages 40 &41) a. compensatory storage illustration (page 41) E. City of Griffin, Georgia (page 42) F. Evaluation of the National Flood Insurance Program's Building Standards (pages 43 —49) a. the cost of incorporating freeboard (page 47) G. Using Freeboard to Elevate Structures above Predicted Floodwaters (pages 50 & 51) 12/08/2013 20140213CityCouncilPacket Page 151 of 203 20140206/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8. FLOOD DAMAGE PREVENTION ARTICLE 8. FLOOD DAMAGE PREVENTION v DIVISION 1. GENERALLY DIVISION 2. -ADMINISTRATION DIVISION 3. - PROVISIONS FOR FLOOD HAZARD REDUCTION FOOTNOTE(S): (4) --- Editor's note—An ordinance adopted Sept, 26, 2008, repealed the former Art. 8, §§ 8-010-8-170, and enacted a new Art. 8 as set out herein. The former Art. 8 pertained to similar subject matter and derived from the original codification. (Back) Tybee Island, Georgia, Code of Ordinances Page 1 20140213CityCouncilPacket Page 152 of 203 20140206/jrl PART II-CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8. - FLOOD DAMAGE PREVENTION DIVISION 1. GENERALLY DIVISION 1. GENERALLY Sec. 8-010. Statutory authorization. Sec. 8-020. Findings of fact. Sec. 8-030. Statement of purpose. Sec. 8-040. Objectives. Sec. 8-050. Variance procedures. Sec. 8-060. Definitions. Sec. 8-070. Lands to which this article applies. Sec. 8-080. Basis for area of special flood hazard. Sec. 8-090. Establishment of development permit. Sec. 8-100. Compliance. Sec. 8-110. Abrogation and greater restrictions. Sec. 8-120. Interpretation. Sec. 8-130. Warning and disclaimer of liability. Sec. 8-140. Penalties for violation. Sec. 8-010. Statutory authorization. Article IX, Section II of the Constitution of the State of Georgia and Section 36-1-20(a) of the Official Code of Georgia Annotated have delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the mayor and council of the City of Tybee Island, Georgia does ordain as follows: (Ord. of 9-26-2008,Art. 1, § A) Sec. 8-020. Findings of fact. (A) The flood hazard areas of Tybee Island, Georgia are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the occupancy in flood hazard areas of uses vulnerable to floods, which are inadequately elevated, flood-proofed, or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities. (Ord. of 9-26-2008, Art. 1, § B) Tybee Island, Georgia, Code of Ordinances Page 2 20140213CityCouncilPacket Page 153 of 203 20140206/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8. - FLOOD DAMAGE PREVENTION DIVISION 1. GENERALLY Sec. 8-030. Statement of purpose. It is the purpose of this article are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Require that uses vulnerable to floods, including facilities, which serve such uses, be protected against flood damage at the time of initial construction; (2) Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which increase flood heights, velocities, or erosion; (3) Control filling, grading, dredging and other development which may increase flood damage or erosion; (4) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; and (5) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of floodwaters. (Ord. of 9-26-2008, Art. 1, § C) Sec. 8-040. Objectives. The objectives of this article are: (1) To protect human life and health; (2) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (3) To help maintain a stable tax base by providing for the sound use and development of flood prone areas in such a manner as to minimize flood blight areas; (4) To minimize expenditure of public money for costly flood control projects; (5) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (6) To minimize prolonged business interruptions, and (7) To insure that potential homebuyers are notified that property is in a flood area. • (Ord. of 9-26-2008, Art. 1, § D) Sec. 8-050. Variance procedures. (A) The planning commission as established by the mayor and council of Tybee Island, Georgia shall hear and make recommendations to the Mayor and Council for appeals or variance from the requirements of this article. (B) Any person aggrieved by the decision of the mayor and council may appeal such decision to the Superior Court of Chatham County, Georgia as provided in state law. (C) Variances may be issued for the repair or rehabilitation of Historic Structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a Tybee Island, Georgia, Code of Ordinances Page 3 20140213CityCouncilPacket Page 154 of 203 20140206/jrl PART II-CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8.- FLOOD DAMAGE PREVENTION DIVISION 1. GENERALLY Historic Structure and the variance is the minimum to preserve the historic character and design of the structure. (D) Variances may be issued for development necessary for the conduct of a functionally dependent use, provided the criteria of this article are met, no reasonable alternative exists, and the development is protected by methods that minimize flood damage during the base flood and create no additional threats to public safety. (E) Variances shall not be issued within any designated floodway if ANY increase in flood levels during the base flood discharge would result. (F) In reviewing such requests, the planning commission shall consider all technical evaluations, relevant factors, and all standards specified in this and other sections of this article. (G) Conditions for variances: (1) A variance shall be issued only when there is: a. A finding of good and sufficient cause, b. A determination that failure to grant the variance would result in exceptional hardship; and c. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (2) The provisions of this article are minimum standards for flood loss reduction; therefore any deviation from the standards must be weighed carefully. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and, in the instance of an historic structure, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (3) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation of the proposed lowest floor and stating that the cost of flood insurance will be commensurate with the increased risk to life and property resulting from the reduced lowest floor elevation. (4) Every applicant to whom a variance is granted from the elevation requirements for the lowest floor elevation is required to have such variance noted on the deed and the plat to the deed for the property on which the structure is, or is to be, located. Such notation shall read as follows: A lowest floor elevation variance of feet has been approved by the City of Tybee Island for a structure located on this property. The structure is identified as a (Note: SELECT ONE) single-family, duplex of multi-family dwelling, or commercial building) located at It should be noted that such variance may significantly increase the flood insurance premiums for this property, as well as increase the likelihood of flood damage to the structure and its contents. Said variance was issued upon petition of the property owner and was issued with the owner's full knowledge of the consequences to the present and future owners which may result therefrom. A copy of the deed shall be filed by the owner with the building and zoning department of the City of Tybee Island within two weeks of receipt of formal notification of approval of a variance by the City of Tybee Island. (5) The Building and Zoning Department Tybee Island, Georgia shall maintain the records of all appeal actions and report any variances to the Federal Emergency Management Agency upon request. Tybee Island, Georgia,Code of Ordinances Page 4 20140213CityCouncilPacket Page 155 of 203 20140206/jrl PART II-CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8. - FLOOD DAMAGE PREVENTION DIVISION 1. GENERALLY (I) Upon consideration of the factors listed above and the purposes of this ordinance, the planning commission and/or mayor and council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this article. (Ord. of 9-26-2008, Art. 5) Sec. 8-060. Definitions. Unless specifically defined below, words or phrases used in this article shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application. Accessory structure means a structure having minimal value and used for parking, storage and other non-habitable uses, such as garages, carports, storage sheds, pole barns, hay sheds and the like. Addition (to an existing building) means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common load-bearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by an independent perimeter load-bearing wall, shall be considered "new construction." Appeal means a request for a review of the planning commission and/or mayor and council of Tybee Island, Georgia interpretation of any provision of this article. Area of shallow flooding means a designated AO or AH Zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident. Area of special flood hazard is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. In the absence of official designation by the Federal Emergency Management Agency, areas of special flood hazard shall be those designated by the local community and referenced in section 8-080 herein. "Base flood means the flood having a one percent chance of being equaled or exceeded in any given year. Base flood elevation (BFE) The elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1—A30, AR, AR/A, AR/AE, AR/A1--A30, AR/AH, AR/AO, V1—V30, and VE that indicates the water surface elevation resulting from a flood that has a one percent chance of equaling or exceeding that level in any given year. Basement means that portion of a building having its floor sub grade (below ground level) on all sides. Breakaway wall means a wall that is not part of the structure support of the building and is intended through its design and construction to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. Building, means any structure built for support, shelter, or enclosure for any occupancy or storage. Critical facility means any public or private facility, which, if flooded, would create an added dimension to the disaster or would increase the hazard to life and health. Critical facilities include: (1) Structures or facilities that produce, use, or store highly volatile, flammable, explosive, toxic, or water-reactive materials; Tybee Island, Georgia,Code of Ordinances Page 5 20140213CityCouncilPacket Page 156 of 203 20140206/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8.- FLOOD DAMAGE PREVENTION DIVISION 1. GENERALLY (2) Hospitals and nursing homes, and housing for the elderly, which are likely to contain occupants who may not be sufficiently mobile to avoid the loss of life or injury during flood and storm events; (3) Emergency operation centers or data storage centers which contain records or services that may become lost or inoperative during flood and storm events; and generating plants, and other principal points of utility lines. (4) Generating plants, and other principal points of utility lines. Development means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating, drilling operations, and storage of materials or equipment. Elevated building means a non-basement building built to have the lowest floor of the lowest enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building during a base flood event. Existing construction Any structure for which the "start of construction" commenced before November 22, 1972. [i.e., the effective date of the first floodplain management code or ordinance adopted by the community as a basis for that community's participation in the National Flood Insurance Program (NFIP)]. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and final site grading or the pouring of concrete pads) is completed before November 22, 1972. [i.e., the effective date of the FIRST floodplain management regulations adopted by a community]. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed, including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads. Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of inland or tidal waters; or b. The unusual and rapid accumulation or runoff of surface waters from any source. Flood hazard boundary map (FHBM) means an official map of a community, issued by the Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as Zone A. Flood insurance rate map (FIRM) means an official map of a community, issued by the Federal Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to the community. Flood insurance study the official report by the Federal Insurance Administration evaluating flood hazards and containing flood profiles and water surface elevations of the base flood. Floodplain means any land area susceptible to flooding. Flood proofing, means any combination of structural and non-structural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Tybee Island, Georgia, Code of Ordinances Page 6 20140213CityCouncilPacket Page 157 of 203 20140206/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8. - FLOOD DAMAGE PREVENTION DIVISION 1. GENERALLY Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Functionally dependent use means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to the water. The term includes docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and repair facilities, but does not include long-term storage or rented manufacturing facilities. Highest adjacent grade means the highest natural elevation of the ground surface, prior to construction, adjacent to the proposed foundation of a building. Historic structure means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register: (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district: (3) Individually listed on a state inventory of historic places and determined as eligible by states with historic preservation programs which have been approved by the Secretary of the Interior; or (4) Individually listed on a local inventory of historic places and determined as eligible by communities with historic preservation programs that have been certified either: a. By an approved state program as determined by the Secretary of the Interior; or b. Directly by the Secretary of the Interior in states without approved programs. Lowest floor means the lowest floor of the lowest enclosed area, including basement. An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other provisions of this Code. Manufactured home means a building, transportable in one or more sections, built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes park trailers, travel trailers, and similar transportable structures placed on a site for 180 consecutive days or longer and intended to be improved property. Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Mean sea level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD88), to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. Tybee Island, Georgia, Code of Ordinances Page 7 20140213CityCouncilPacket Page 158 of 203 20140206/jrl PART 11 -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8. - FLOOD DAMAGE PREVENTION DIVISION 1. GENERALLY National Geodetic Vertical Datum (NGVD) as corrected in 1929 is a vertical control used as a reference for establishing varying elevations within the floodplain. New construction means, for purposes of determining insurance rates, structures for which the "start of construction" commenced after January 14, 1972 [the effective date of the initial FIRM] and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced after November 22, 1972 [the effective date of the first floodplain management ordinance adopted by the community] and includes any subsequent improvements to such structures. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after November 22, 1972. [i.e., the effective date of the first floodplain management regulations adopted by a community]. North American Vertical Datum (NAVD) has replaced the National Geodetic Vertical Datum of 1929 in existing and future FEMA floods modernization maps. Recreational vehicle means a vehicle, which is: (1) Built on a single chassis; (2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Start of construction means the date the development permit was issued, provided the actual start of construction, repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation, and includes the placement of a manufactured home on a foundation. (Permanent construction does not include initial land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or part of the main structure. (NOTE: accessory structures are not exempt from any ordinance requirements.) For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Structure means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank. Subdivision the division of a single lot into two or more lots for the purpose of sale or development. Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred. Substantial improvement means any combination of repairs, reconstruction, alteration, or improvements to a structure,taking place during a five-year period, in which the cumulative cost equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. NOTE: The market value of the structure should be (1) the appraised value of the structure Tybee Island, Georgia, Code of Ordinances Page 8 20140213CityCouncilPacket Page 159 of 203 20140206/jrl 20140213CityCouncilPacket Page 160 of 203 20140206/jr1 PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8. - FLOOD DAMAGE PREVENTION DIVISION 1. GENERALLY (Ord. of 9-26-2008, Art. 2, § B) Sec. 8-090. Establishment of development permit. A development permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities. (Ord. of 9-26-2008, Art. 2, § C) Sec. 8-100. Compliance. No structure or land shall hereafter be located, extended, converted or altered without full compliance with the terms of this ordinance and other applicable regulations. (Ord. of 9-26-2008, Art. 2, § D) Sec. 8-110. Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any existing ordinance, easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. of 9-26-2008, Art. 2, § E) Sec. 8-120. Interpretation. In the interpretation and application of this ordinance all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body, and; (3) deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. of 9-26-2008, Art. 2, § F) Sec. 8-130. Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Tybee Island, Georgia or by any officer or employee thereof for any flood damages that result from reliance on this article or any administrative decision lawfully made thereunder. (Ord. of 9-26-2008, Art. 2, § G) Sec. 8-140. Penalties for violation. Failure to comply with the provisions of this article or with any of its requirements, including conditions and safeguards established in connection with grants of variance or special exceptions shall constitute a violation. Any person who violates this ordinance or fails to comply with any of its Tybee Island, Georgia, Code of Ordinances Page 10 20140213CityCouncilPacket Page 161 of 203 20140206/jrl PART II - CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8.- FLOOD DAMAGE PREVENTION. DIVISION 1. GENERALLY requirements shall, upon conviction thereof, be fined not more than $1000.00, or imprisoned for not more than six (6) months, or both, and in addition, shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City of Tybee Island, Georgia from taking such other lawful actions as is necessary to prevent or remedy any violation. (Ord. of 9-26-2008, Art. 2, § H) Tybee Island, Georgia, Code of Ordinances Page 11 20140213CityCouncilPacket Page 162 of 203 20140206/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8.- FLOOD DAMAGE PREVENTION DIVISION 2. ADMINISTRATION DIVISION 2. ADMINISTRATION Sec. 8-150. Designation of ordinance administrator. Sec. 8-160. Permit procedures. Sec. 8-170. Duties and responsibilities of the administrator. Sec. 8-150. Designation of ordinance administrator. The designated representative of the Building and Zoning Department, Tybee Island, Georgia is hereby appointed to administer and implement the provisions of this article. (Ord. of 9-26-2008, Art. 3, §A) Sec. 8-160. Permit procedures. Application for a building permit shall be made to the Building and Zoning Department Tybee Island, Georgia on forms furnished by the community PRIOR to any development activities, and may include, but not be limited to the following: plans in duplicate drawn to scale showing the elevations of the area in question and the nature, location, dimensions, of existing or proposed structures, earthen fill placement, storage of materials or equipment, and drainage facilities. Specifically, the following information is required: (1) Application stage: a. Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor, including basement, of all proposed structures; b. Elevation in relation to mean sea level to which any non-residential structure will be flood- proofed; c. Design certification from a registered professional engineer or architect that any proposed non-residential flood-proofed structure will meet the flood-proofing criteria of subsections 8- 190(2) and 8-210(2); d. Design certification from a registered professional engineer or architect that any new construction or substantial improvement placed in a Coastal high hazard area will meet the criteria of subsection 8-230(5); e. Description of the extent to which any watercourse will be altered or relocated as a result of a proposed development; and (2) Construction stage. For all new construction and substantial improvements, the permit holder shall provide to the Building and Zoning Department Tybee Island, Georgia an as-built certification of the regulatory floor elevation or flood-proofing level immediately after the lowest floor or flood proofing is completed. Where a structure is subject to the provisions applicable to coastal high hazards areas, after placement of the lowest horizontal structural members. Any regulatory floor certification made relative to mean sea level shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by same. Tybee Island, Georgia, Code of Ordinances Page 12 20140213CityCouncilPacket Page 163 of 203 20140206/jrl PART II -CODE OF ORDINANCES APPENDIX A_ LAND DEVELOPMENT CODE ARTICLE 8.- FLOOD DAMAGE PREVENTION DIVISION 2.ADMINISTRATION When flood proofing is utilized for non-residential structures, said certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. Any work undertaken prior to submission of these certifications shall be at the permit holder's risk. The city building and zoning department shall review the above referenced certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further progressive work being allowed to proceed. Failure to submit certification or failure to make said corrections required hereby, shall be cause to issue a stop- work order for the project. (Ord. of 9-26-2008, Art. 3, § B) Sec. 8-170. Duties and responsibilities of the administrator. Duties of the Building and Zoning Department Tybee Island, Georgia shall include, but shall not be limited to: (1) Review all development permits to assure that the permit requirements of this article have been satisfied; (2) Review proposed development to assure that all necessary permits have been received from governmental agencies from which approval is required by Federal or State law, including section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be provided and maintained on file. (3) Review all permit applications to determine whether proposed building sites will be reasonably safe from flooding. (4) When base flood elevation data or floodway data have not been provided in accordance with section 8-080, then the building and zoning department shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other sources in order to administer the provisions of division 3. (5) Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of the regulatory floor, including basement, of all new or substantially improved structures in accordance with subsection 8-160(2). (6) Review and record the actual elevation, in relation to mean sea level to which any new or substantially improved structures have been flood-proofed, in accordance with subsections 8- 190(2) and 8-210(2). (7) When flood-proofing is utilized for a structure, the building and zoning department shall obtain certification of design criteria from a registered professional engineer or architect in accordance with subsection 8-160(1)c. and subsections 8-190(2) and 8-210(2). (8) Obtain design certification from a registered professional engineer or architect that any new construction or substantial improvement placed in a coastal high hazard area will meet the criteria of subsection 8-230(5). (9) Make substantial damage determinations following a flood event or any other event that causes damage to structures in flood hazard areas. Tybee Island, Georgia, Code of Ordinances Page 13 20140213CityCouncilPacket Page 164 of 203 20140206/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8, - FLOOD DAMAGE PREVENTION DIVISION 2. ADMINISTRATION (10) Notify adjacent communities and the Georgia Department of Natural Resources prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Emergency Management Agency (FEMA). (11) For any altered or relocated watercourse, submit engineering data/analysis within six months to FEMA to ensure accuracy of community flood maps through the Letter of Map Revision process.Assure flood carrying capacity of any altered or relocated watercourse is maintained. (12) Where interpretation is needed as to the exact location of boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the city building and zoning department shall make the necessary interpretation. Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. (13) All records pertaining to the provisions of this article shall be maintained in the office of the Building and Zoning. Department 403 Butler Ave. Tybee Island, Georgia, and shall be open for public inspection. (Ord. of 9-26-2008, Art. 3, § C) Tybee Island, Georgia,Code of Ordinances Page 14 20140213CityCouncilPacket Page 165 of 203 20140206/jrl PART H -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8. - FLOOD DAMAGE PREVENTION DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 8-180. General standards. Sec. 8-190. Specific standards. Sec. 8-200. Building standards for streams without established base flood elevations and/or floodway (A- zones). Sec. 8-210. Standards for areas of special flood hazard (zones AE) with established base flood elevations without designated floodways. Sec. 8-220. Standards for areas of shallow flooding (AO zones). Sec. 8-230. Coastal high hazard areas (V-zones). Sec. 8-240. Standards for subdivisions. Sec. 8-250. Standard for critical facilities. Sec. 8-180. General standards. In all areas of special flood hazard the following provisions are required: (1) New construction and substantial improvements of existing structures shall be anchored to prevent flotation, collapse or lateral movement of the structure; (2) New construction and substantial improvements of existing structures shall be constructed with materials and utility equipment resistant to flood damage; (3) New construction or substantial improvements of existing structures shall be constructed by methods and practices that minimize flood damage; (4) Elevated Buildings. All New construction or substantial improvements of existing structures that include ANY fully enclosed area located below the lowest floor formed by foundation and other exterior walls shall be designed so as to be an unfinished or flood resistant enclosure. The enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for the automatic entry and exit of floodwater. (not applicable in coastal high hazard areas). a. Designs for complying with this requirement must either be certified by a professional engineer or architect or meet the following minimum criteria: 1. Provide a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 2. The bottom of all openings shall be no higher than one foot above grade; and 3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwater in both directions. b. So as not to violate the "lowest floor" criteria of this article, the unfinished or flood resistant enclosure shall only be used for parking of vehicles, limited storage of maintenance equipment used in connection with the premises, or entry to the elevated area; and c. The interior portion of such enclosed area shall not be partitioned or finished into separate rooms. Tybee Island, Georgia,Code of Ordinances Page 15 20140213CityCouncilPacket Page 166 of 203 20140206/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8. - FLOOD DAMAGE PREVENTION DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION (5) All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing fixtures, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (6) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable State requirements for resisting wind forces. (7) New and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (8) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters; (9) On-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding, and; (10) Any alteration, repair, reconstruction or improvement to a structure, which is not compliant with the provisions of this article, shall be undertaken only if the non-conformity is not furthered, extended or replaced. (Ord. of 9-26-2008, Art. 4, § A) Sec. 8-190. Specific standards, In all areas of special flood hazard designated as A1-30, AE, AH, A (with estimated BFE), the following provisions are required: (1) New construction and/or substantial improvements. Where base flood elevation data are available, new construction and/or substantial improvement of any structure or manufactured home shall have the lowest floor, including basement, elevated no lower than one foot I two foot l three foot above the base flood elevation. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of subsection 8-180(4), "Elevated Buildings." a. All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing fixtures and other service facilities shall be elevated at or above one foot two foot I three foot above the base flood elevation. (2) Non-residential construction. New construction and/or the substantial improvement of any structure located in A1-30, AE, or AH zones, may be flood-proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to one foot 1 two foot 1 three foot above the base flood elevation, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and in subsection 8- 170(6). Tybee Island, Georgia,Code of Ordinances Page 18 20140213CityCouncilPacket Page 167 of 203 20140206/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8. - FLOOD DAMAGE PREVENTION DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION (3) Standards for manufactured homes and recreational vehicles—Where base flood elevation data are available: a. All manufactured homes placed and/or substantially improved on: (1) individual lots or parcels, (2) in new and/or substantially improved manufactured home parks or subdivisions, (3) in expansions to existing manufactured home parks or subdivisions, or (4) on a site in an existing manufactured home park or subdivision where a manufactured home has incurred "substantial damage" as the result of a flood, must have the lowest floor including basement, elevated no lower than one foot I two foot I three foot. above the base flood elevation. b. Manufactured homes placed and/or substantially improved in an either existing manufactured home park or subdivision may be elevated so that: 1. The lowest floor of the manufactured home is elevated no lower than one foot I two foot I three foot above the level of the base flood elevation; or 2. The manufactured home chassis is elevated and supported by reinforced piers (or other foundation elements of at least an equivalent strength) of no less than 36 inches in height above grade. c. All manufactured homes must be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (ref. subsection 8-180(6) above) d. All recreational vehicles placed on sites must either: 1. Be on the site for fewer than 180 consecutive days; 2. Be fully licensed and ready for highway use, (a recreational vehicle is ready for highway use if it is licensed, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached structures or additions); or 3. The recreational vehicle must meet all the requirements for "New Construction", including the anchoring and elevation requirements of subsections (3)a. and c., above. (4) Floodway. Located within areas of special flood Hazard established in section 8-080 are areas designated as floodway. A floodway may be an extremely hazardous area due to velocity floodwaters, debris or erosion potential. In addition, the area must remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights. Therefore, the following provisions shall apply: a. Encroachments are prohibited, including earthen fill, new construction, substantial improvements or other development within the regulatory floodway. Development may be permitted however, provided it is demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the encroachment shall not result in any increase in flood levels or floodway widths during a base flood discharge, A registered professional engineer must provide supporting technical data and certification thereof. b. Only if subsection (4)a. above is satisfied, then any new construction or substantial improvement shall comply with all other applicable flood hazard reduction provisions of this division. (Ord. of 9-26-2008, Art. 4, § B) Tybee Island, Georgia, Code of Ordinances Page 17 20140213CityCouncilPacket Page 168 of 203 20140206/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8. - FLOOD DAMAGE PREVENTION DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION Sec. 8-200. Building standards for streams without established base flood elevations and/or floodway (A-zones). Located within the areas of special flood hazard established in section 8-080, where streams exist but no base flood data have been provided (A-zones), or where base flood data have been provided but a Floodway has not been delineated, the following provisions apply: (1) When base flood elevation data or floodway data have not been provided in accordance with section 8-080), then the building and zoning department shall obtain, review, and reasonably utilize any scientific or historic base flood elevation and floodway data available from a federal, state, or other source, in order to administer the provisions of this division. Only if data are not available from these sources,then the following provisions (subsections (2) and (3)) shall apply: (2) No encroachments, including structures or fill material, shall be located within an area equal to the width of the stream or 25 feet, whichever is greater, measured from the top of the stream bank, unless certification by a registered professional engineer is provided demonstrating that such encroachment shall not result in more than one foot increase in flood levels during the occurrence of the base flood discharge. (3) In special flood hazard areas without base flood elevation data, new construction and substantial improvements of existing structures shall have the lowest floor of the lowest enclosed area (including basement) elevated no less than three feet above the highest adjacent grade at the building site. (NOTE: Require the lowest floor to be elevated one foot / two foot 1 three foot above the estimated base flood elevation in A-Zone areas where a limited detail study has been completed). Openings sufficient to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of subsection 8- 180(4), 'Elevated buildings." a. All heating and air conditioning equipment and components (including ductwork), all electrical, ventilation, plumbing fixtures, and other service facilities shall be elevated no less than three feet above the highest adjacent grade at the building site. The Building and Zoning Department shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. (Ord. of 9-26-2008, Art. 4, § C) Sec. 8-210. Standards for areas of special flood hazard (zones AE) with established base flood elevations without designated floodways. Located within the areas of special flood hazard established in section 8-080, where streams with base flood elevations are provided but no floodways have been designated, (Zones AE) the following provisions apply: (1) No encroachments, including fill material, new structures or substantial improvements shall be located within areas of special flood hazard, unless certification by a registered professional engineer is provided demonstrating that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. The engineering certification should be supported by technical data that conforms to standard hydraulic engineering principles. Tybee Island, Georgia, Code of Ordinances Page 18 20140213CityCouncilPacket Page 169 of 203 20140206/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8. - FLOOD DAMAGE PREVENTION DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION (2) New construction or substantial improvements of buildings shall be elevated or flood-proofed to elevations established in accordance with section 8-190 (Ord. of 9-26-2008, Art. 4, § D) Sec. 8-220. Standards for areas of shallow flooding (AO zones). Areas of special flood hazard established in Section 8-080, may include designated "AO" shallow flooding areas. These areas have base flood depths of one to three feet above ground, with no clearly defined channel. The following provisions apply: (1) All new construction and substantial improvements of residential and non-residential structures shall have the lowest floor, including basement, elevated to the flood depth number specified on the flood insurance rate Map (FIRM), above the highest adjacent grade. If no flood depth number is specified, the lowest floor, including basement, shall be elevated at least three feet above the highest adjacent grade. Openings sufficient to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of subsection 8-180(4), "Elevated buildings". The surveyor, architect, or engineer shall certify the lowest floor elevation level and the record shall become a permanent part of the permit file. (2) New construction or the substantial improvement of a non-residential structure may be flood- proofed in lieu of elevation. The structure, together with attendant utility and sanitary facilities, must be designed to be water tight to the specified FIRM flood level plus one foot I two foot / three foot, above highest adjacent grade, with walls substantially impermeable to the passage of water, and structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect shall certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions above, and shall provide such certification to the official as set forth above and as required in subsections 8-160(1)c. and (2). (3) Drainage paths shall be provided to guide floodwater around and away from any proposed structure. (Ord. of 9-26-2008, Art. 4, § E) Sec. 8-230. Coastal high hazard areas (V-zones). Located within the areas of special flood hazard established in Section 8-080, are areas designated as coastal high hazard areas (V-zones). These areas have special flood hazards associated with wave action and storm surge,therefore, the following provisions shall apply: (1) All new construction and substantial improvements of existing structures shall be located landward of the reach of mean high tide; (2) All new construction and substantial improvements of existing structures shall be elevated on piles, columns, or shear walls parallel to the flow of water so that the bottom of the lowest supporting horizontal structural member (excluding pilings or columns) is located no lower than one foot 1 two foot I three foot above the base flood elevation level. All space below the lowest supporting member shall remain free of obstruction or constructed with non- supporting breakaway walls. Open wood lattice work or decorative screening may be permitted Tybee Island, Georgia, Code of Ordinances Page 19 20140213CityCouncilPacket Page 170 of 203 20140206/jrl PART II -CODE OF ORDINANCES APPENDIX A LAND DEVELOPMENT CODE ARTICLE 8. - FLOOD DAMAGE PREVENTION DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action and in accordance with subsection below; (3) All new construction and substantial improvements of existing structures shall be securely anchored on pilings, columns, or shear walls; and (4) All pile and column foundations and the structures attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the combined effects of wind and water loads acting simultaneously on ALL building components, both (non-structural and structural). Water loading values shall equal or exceed those of the base flood. Wind loading values shall be in accordance with the most current edition of the (ICC) International Building Codes. (5) A registered professional engineer or architect shall certify that the design, specifications and plans for construction are in compliance with the provisions contained in subsection (2) through (4) herein. (6) All space below the lowest horizontal supporting member must remain free of obstruction. Open wood lattice work or decorative screening may be permitted for aesthetic purposes only and must be designed to wash away in the event of abnormal wave action without causing structural damage to the supporting foundation or elevated portion of the structure. The following design specifications are allowed: a. No solid walls shall be allowed; and b. Material shall consist of open wood lattice or mesh screening only. c. If aesthetic open wood lattice work or screening is utilized, any enclosed space shall not be used for human habitation, but shall be designed to be used only for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. (7) Prior to construction, plans for any structures having open wood latticework or decorative screening must be shown on the plans submitted to the city building and zoning department for review and approval; (8) Any alteration, repair, reconstruction or improvement to any structure shall not enclose the space below the lowest floor except with open wood latticework or decorative screening, as provided in this section. (9) There shall be no fill used as structural support. Non-compacted fill may be used around the perimeter of a building for landscaping/aesthetic purposes provided the fill will wash out from storm surge, (thereby rendering the building free of obstruction) prior to generating excessive loading forces, ramping effects, or wave deflection. The building and zoning department shall approve design plans for landscaping/aesthetic fill only after the applicant has provided an analysis by an engineer, architect, and/or soil scientist, which demonstrates that the following factors have been fully considered: a. Particle composition of fill material does not have a tendency for excessive natural compaction; b. Volume and distribution of fill will not cause wave defection to adjacent properties; and c. Slope of fill will not cause wave run-up or ramping. (10) There shall be no alteration of sand dunes or mangrove stands, which would increase potential flood damage; Tybee Island, Georgia,Code of Ordinances Page 20 20140213CityCouncilPacket Page 171 of 203 20140206/jrl PART II -CODE OF ORDINANCES APPENDIX A- LAND DEVELOPMENT CODE ARTICLE 8. - FLOOD DAMAGE PREVENTION DIVISION 3. PROVISIONS FOR FLOOD HAZARD REDUCTION (11) Prohibit the placement of manufactured homes (mobile homes), except in an existing manufactured homes park or subdivision. A replacement manufactured home may be placed on a lot in an existing manufactured home park or subdivision provided the anchoring standards of subsection 8-190(3) are met. (Ord. of 9-26-2008, Art. 4, § F) Sec. 8-240. Standards for subdivisions. (A) All subdivision and/or development proposals shall be consistent with the need to minimize flood damage; (B) All subdivision and/or development proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage; (C) All subdivision and/or development proposals shall have adequate drainage provided to reduce exposure to flood hazards, and; (D) For subdivisions and/or developments greater than 50 lots or five acres, whichever is less, base flood elevation data shall be provided for subdivision and all other proposed development, including manufactured home parks and subdivisions. Any changes or revisions to the flood data adopted herein and shown on the FIRM shall be submitted to FEMA for review as a conditional letter of map revision (CLOMR) or conditional letter of map amendment (CLOMA), whichever is applicable. Upon completion of the project, the developer is responsible for submitting the "as-built" data to FEMA in order to obtain the final LOMR. (Ord. of 9-26-2008, Art. 4, § G) Sec. 8-250. Standard for critical facilities. (a) Critical facilities shall be elevated to or above the 100-year floodplain or the 500-year floodplain. (B) All ingress and egress from any critical facility must be protected to the 500-year flood elevation. (Ord. of 9-26-2008, Art. 4, § H) Tybee Island, Georgia,Code of Ordinances Page 21 20140213CityCouncilPacket Page 172 of 203 20140206/jrl • F • PIP. s •r .1 a� • ■ - - — J. ,4. ... . V. •— r-- '•• ' -,` - ',.1..:V :''.,.. 4-7. *: ; 4- . „,.,.,:._ , ,, , . . t- . 1 . .,.,,,. . .,.,., „., ,...7,,,..,,,, ‘ , .. ..• .iiv, ., --,., LP.' -- . I . - . ..>>t 1 •% 77. n ,,., 4I. j .i1 �• •M ' '-'" ..`01 1.•{:v 4.. 4'V, 14.4. ■ ,,st::4 ' . • . . . .. ,., ©MB No. 1660-0022 Expires: September 30, 2013 National Flood Insurance Program Community Rating System Coordinator ' s Manual FIA-15/2013 `�4R7"AlF �J ,F . FEMA 22 SW- 201 40213CityCouncilPacket Page 173 of 203 20140206/jrl Glossary Floodway: The channel of a river and the portion of the overbank floodplain that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation by a designated height. The National Flood Insurance Program regulations allow construction in the floodway provided that it does not obstruct flood flows or increase flood heights. Floodway fringe: The portion of the Special Flood Hazard Area lying outside of the floodway. Freeboard: A margin of safety added to the base flood elevation to account for waves, debris, miscalculations, lack of data, or changes in climate. Green infrastructure: Because of the wide interpretation given to this term, the CRS does not use the words "green infrastructure" in its credit criteria. However, the CRS does provide credit for designated open space corridors or connected networks of wetlands, woodlands, wildlife habitats, wilderness, and other areas that support native species, maintain natural ecological processes, and sustain air and water resources. In some areas, these features are called "green infrastructure." High-hazard-potential dam: Dams assigned the high-hazard-potential classification are those whose failure or mismanagement will probably cause loss of human life. Hydrology: The science dealing with the waters of the earth. A flood discharge is developed by a hydrologic study. I-Codes: The series of building codes published by the International Code Council. ICC: Increased Cost of Compliance coverage, a flood insurance claim provision that helps fund the cost of bringing a flood-damaged building into compliance with floodplain management standards. ISO: The Insurance Services Office, Inc., a corporation that conducts verification of community CRS credit and program improvement tasks for FEMA. ISO/CRS Specialist: An Insurance Services Office, Inc. technician responsible for reviewing community requests for Community Rating System classification and verifying implementation of activities credited by the CRS. The name and telephone number of the ISO/CRS Specialist for a state can be found at www.CRSresources.org/100. ISO/CRS Technical Reviewer: An Insurance Services Office, Inc. technician or contractor responsible for reviewing community requests for Community Rating System credit for select activities. The reviews conducted by the ISO/CRS Technical Reviewer are provided to the ISO/CRS Specialist. Levee: A manmade structure, usually an earthen embankment, designed and constructed using sound engineering practices to contain, control, or divert flood waters in accordance with a designated risk reduction level. 20140213CityyCouncilPacket Page 174 of 203 20140206lr1 CRS Coordinator's Manual 120-5 Edition: 2013 Higher Regulatory Standards 430 HIGHER REGULATORY STANDARDS The OBJECTIVE of this activity is to credit regulations to protect existing and future development and natural floodplain functions that exceed the minimum criteria of the National Flood Insurance Program (NFIP). 431 Background Current NFIP standards for regulation of development in riverine areas require that new residential buildings in the A separate publication, CRS Special Flood Hazard Area (SFHA) have their lowest Credit for Higher Regulatory floor at or above the base flood elevation. Non-residential Standards, provides additional buildings may be floodproofed to the base flood elevation, information on the elements credi- NFIP coastal rules require that new buildings be above the ted here, including example ordi- base flood elevation and, in V (velocity) Zones, be built nance language and documenta- on engineered piles or columns. If an existing building is tion. Communities are encouraged improved or reconstructed and the value of the project to obtain and read the document exceeds 50% of the building's value, the building must be before applying for this activity. brought up to the same standards applied to new To order a free copy, see construction. Appendix C or www.CRSresources.org/400. Although the NFIP minimum standards provide a great deal of flood protection, damage can still result for many reasons: • Estimates of flood heights are subject to various errors and may be low, especially in areas without long-term flood and rainfall records; • Buildings may be damaged by floods that exceed the predicted 100-year flood; • Urbanization and other changes in the watershed can increase the flood hazard and flood frequency; • Filling and other development in the floodplain can reduce storage and conveyance capacity; and • Filling and construction practices can damage or destroy valuable natural floodplain functions. For these reasons, and the fact that local situations vary, many communities adopt development standards that are higher than or supplement the minimum NFIP criteria. This activity provides credit for those regulatory standards. 2Q7_4O213CiiycounciiPacket Pag 1 5 of 203 2014025%13 1t� oor�drnator s MManual 43U-2 Edition: G�U►ll Higher Regulatory Standards 431.a. Activity Description Under this activity, numerous higher regulatory approaches are credited that provide more protection to new development, redevelopment, and existing development. Examples of higher standards and the benefits that they can provide include • Prohibiting fill and other ground-altering measures can protect existing development and habitat, improve water quality, and maintain the flood attenuating benefits of natural areas (credited under DL1a); • Requiring compensatory storage preserves areas of the floodplain that can store flood water and minimizes increases in flood heights due to development (credited under DL1b); • Requiring the lowest floors of residences to be higher than the base flood elevation protects buildings from higher floods (credited under FRB); • Protecting foundations reduces damage that results from scour and settling (credited under FDN); • Requiring full compliance with floodplain management regulations when proposed improvements or repairs are less than 50% of a building's value brings more nonconforming buildings up to current flood protection standards (credited under CSI and LSI); • Protecting critical facilities to higher levels reduces damage to those facilities and improves the community's ability to respond to the needs of citizens during a disaster (credited under PCF); • Adopting and enforcing a building code improves the quality of construction of new buildings and provides more staff support for floodplain management regulations (credited under BC); • Standards for protecting buildings from local drainage problems reduce flood losses and flood insurance claims, especially outside the floodplain (credited under LDP); • Requiring new manufactured housing in existing manufactured housing parks to meet the same level of protection as is required for other new buildings reduces flood losses and flood insurance claims (credited under MHP); • Requiring new construction in the coastal A Zone to meet the same standards as V- Zone buildings protects it from a known, but unmapped, breaking wave hazard (credited under CAZ); • Adopting and enforcing construction rules tailored to special flood-related hazards, such as coastal erosion and alluvial fan flooding, provides protection in ways that the NFIP's national minimum criteria cannot do (credited under SHR); and • Having Certified Floodplain Managers (CFM®) and high-quality administrative procedures and inspections can reduce errors and minimize problems during construction (credited under RA). 2S 20140213CjtyCouncilPacket Page 17 of 203 2014029�[j�� CRS Coordinator s Manual 430 Edrtion: u Higher Regulatory Standards The element OHS (other higher standards), provides credit for regulations not listed in this or other activities. As noted in Section 113.d, communities are invited and encouraged to submit other regulatory provisions that are not part of the NFIP's minimum criteria and/or alternative approaches to the credits listed here. NOTE: A community should not amend its ordinances solely to earn Community Rating System (CRS) credit points, nor should it necessarily adopt the examples used in the CRS Coordinator's Manual. Ordinance language should be carefully written to support the community's own goals and the purposes of its regulatory program. All such language should be reviewed by the community's legal counsel before it is adopted. 431.b. Activity Credit Criteria For all the elements except RA (regulations administration, Section 431.0), the community must provide a legally enforceable regulation. In most cases, this will be in the form of an ordinance adopted by the community's governing body. (1) Regulations adopted by a county, regional agency, or state that are enforced within the community can be credited. Their implementation is verified in the same manner as a community regulation and it is expected that the community will assist in the verification. See also Section 231.d on uniform minimum credit. (2) Regulations must have the force of law and meet the requirement of Section 231.b. (3) If the legal authority for the regulatory language is not clear, the ISO/CRS Specialist may request a letter from the community's legal counsel that confirms that he/she will defend the regulation in court if it is challenged. (4) For CRS credit, the regulatory language must be adopted and in full force at the time CRS credit is requested, e.g., at the verification visit. (5) Credit for any element is prorated if the sampling done during verification finds instances in which the element is not fully implemented. It does not matter why it is not fully implemented. For example, if a review of Elevation Certificates finds that some new buildings did not have the required freeboard because of legally issued variances, the credit is still prorated. See also Section 231 on documentation of regulations for CRS credit. 431.c. Activity Impact Adjustment Impact adjustment ratios are part of the calculations for all elements in Activity 430 except BC, LDP, MHP, SMS, and RA. They are explained in Sections 402-403. (1) An impact adjustment map must be prepared when (a) The acreage or square mileage of the areas qualifying for Activity 430 credit needs to be determined for the impact adjustment ratio, or 2 20140213Cit Council P cket Page 77 f 203 1402 r CRS Coordinator's Manual 4all 1 ion. 3 Higher Regulatory Standards (b) The regulations are enforced outside the SFHA so that the impact adjustment ratio can be greater than 1.0. If the impact adjustment ratio is greater than 1.0, the community will receive more points than the maximum listed for the element. The maximum ratio for this is 1.5 (i.e., the area regulated is 50% (or more) larger than the SFHA). (2) The areas affected by the regulation(s) must be marked on an impact adjustment map. Marking each area with the appropriate acronym is a convenient shorthand. Section 402 has additional information about determining impact adjustments for areas. (3) Areas to be credited for a higher regulatory standard must not include areas preserved as open space (OSP) in Activity 420 (Open Space Preservation). Therefore, OSP credited areas must be shown on the impact adjustment map used for Activity 430. There is no Activity 430 credit for higher standards for fill or buildings in areas where fill and buildings are not allowed (i.e., areas preserved as open space). This is explained in Section 402.c. (4) An impact adjustment map does not need to be prepared when a regulatory standard is enforced throughout the entire SFHA. The impact adjustment ratio in that case is 1.0. However, the community must be certain that a regulation is enforced throughout the regulatory floodplain. For example, the ordinance may say that all new buildings must be built to a freeboard level, but that rule may only apply in flood zones where a base flood elevation is provided. In such cases, an impact adjustment map would be needed to delineate and calculate the areas affected by the freeboard standard. (5) An impact adjustment map does not need to be prepared when a regulatory standard is enforced throughout the entire SFHA, but the community is receiving credit for preserving open space (OSP) in Activity 420 (Open Space Preservation). If the only adjustment to the impact of an element is for OSP, the impact adjustment ratio for the 430 element is the complement of the impact adjustment for OSP. Example 431.c-1. A community has 22% of its SFHA preserved as open space. rOSP = 0.22. The community enforces its freeboard requirement throughout the rest of the SFHA. rFRB = 1 —rOSP = 1 — 0.22 = 0.78 There is no need for a separate impact adjustment map for Activity 430 in this instance. (6) If less than 10% of the community's SFHA is affected by the regulations or if the community does not prepare an impact adjustment map, an impact adjustment ratio of 0.1 can be used (up to 0.5 for CAZ). z1 2Q1 40 13CittyCouncjlP et Pag 8 f 203 201 402 I S oordinator s anual 4e - ' Edition: X13 Higher Regulatory Standards Sections 402-403 provide guidance on impact adjustments and impact adjustment maps. Additional criteria and clarifications may be included under each activity's impact adjustment section. The community's aSFHA should be reviewed and updated each year for the Program Data Table that is included in the annual recertification (see Section 213.a). 431.d. Activity Documentation Provided by the Community Most elements in this activity have the same documentation needs at the verification visit: (1) The state or local law or ordinance language that adopts the regulatory standard. See also Sections 231.b and 231.c on documenting regulatory language. (2) The impact adjustment map. See Section 431.c. (3) [For credit for regulating flood-prone areas outside the SFHA] Documentation that shows that regulations are in effect outside the SFHA (i.e., the regulatory floodplain). (4) Development plans and/or permit records that document how the regulation has been applied. The ISO/CRS Specialist may visit a sample of sites in the field to verify that the land has been developed and/or buildings have been constructed in accordance with the approved plans. Some elements have additional or different documentation requirements, as noted in the separate documentation sections, below. 432 Elements 432.a. Development limitations (DL) The maximum credit for this element is 1,330 points. This element has three parts, crediting different aspects of the regulation of floodplain development: (1) Prohibition of fill (DL1) (maximum credit: 280 points). The use of fill to elevate buildings has advantages that make it desirable for developers and homeowners. However, there are problems with using fill: it reduces floodplain storage capacity and it has an adverse impact on native vegetation, wetlands, drainage, and water quality. All of the benefits of using fill accrue to the developer and to the property owner. Conversely, all of the problems accrue to neighbors, taxpayers, the community, the NFIP, or the environment. Because filling is therefore not a desirable floodplain management activity, this element credits communities that prohibit fill. 20140213CifyCounciIPacket Page 179 of 203 2Q1402Q6lirl3 CRS Coordinator s Manual 430-6 Edition: ZZUui Higher Regulatory Standards One method to offset the impacts of the use of fill is to require compensatory storage, but compensatory storage does not compensate for the adverse impact on other natural floodplain functions. Therefore, it is worth approximately half the credit. This credit is for regulations that require new developments to provide compensatory storage at hydraulically equivalent sites up to a ratio of 1.5 to 1. (2) Prohibition of buildings (DL2) (maximum credit: 1,000 points). If the regulations prohibit only certain types of buildings, such as residences, the points can be prorated. (3) Prohibition of outdoor storage of materials (DL3) (maximum credit: 50 points). Credit can be received under three sub-elements: (a) Prohibition of all materials (DL3a): Full credit for DL3 is for prohibiting outdoor storage of all materials in the SFHA. (b) Prohibition of hazardous materials (DL3b): Partial credit is provided if only hazardous materials are prohibited (indoors or outdoors). (c) Storage of hazardous materials (DL3c): Credit is provided if hazardous materials are allowed to be stored indoors in the floodplain, but must be elevated above the base flood elevation. If all three items (DL1, DL2, and DL3) are included in the community's regulations and there are still vacant areas in the regulatory floodplain, those areas would be effectively preserved as open space. The community should submit those areas for the higher credit for OSP in Activity 420 (Open Space Preservation). See Section 422.a(3)(c). These regulations have their full impact in undeveloped areas. Therefore, the impact adjustment map must identify areas credited for open space preservation (OSP) and areas that are undeveloped, i.e., where there are no buildings on the parcels or the area is zoned for conservation or agriculture with a minimum lot size of 10 acres or larger. Credit Criteria (1) Prohibition of fill (DL1): (a) Prohibition of all fill (DL1a): This credit is for prohibiting all filling in the regulatory floodplain. This includes not approving Conditional Letters or Letters of Map Revision based on Fill (CLOMR-F or LOMR-F). When a CLOMR-F or LOMR-F is applied for, the community is required by the Federal Emergency Management Agency (FEMA) to sign a Community Acknowledgment Form that states, in part, "the completed or proposed project meets or is designed to meet all of the community floodplain management requirements . . ." If a CLOMR-F or LOMR-F is issued for a property in the community, then DL1 credit will be denied. This applies to CLOMRs and LOMRs that include filling as part of the reason for requesting a map change. Filling may be allowed where needed to protect or restore natural floodplain functions, such as a part of a channel restoration project. 4 213CU.yCoungiIPaeket Pag of 203 2014020 ' aor nator s 1MVlanual 43 Edi ion: Higher Regulatory Standards The following regulatory approaches do not warrant credit for DL1: • Regulations that prohibit loss of storage only if it adversely affects flood heights on other properties. This credit is for prohibiting all filling, particularly because of its adverse effect on natural floodplain functions. • Subdivision regulations that do not apply to all new development. • Regulations that apply to buildings or private development, but not to bridges, highways, parking lots, and other floodplain uses. • The standard NFIP language that prohibits increases in flood heights in floodways. That standard does not prohibit fill—it allows filling that can be shown by an engineering study not to increase flood levels. It reads Prohibit encroachments, including fill, new construction, substantial improvements and other developments unless certification(with supporting technical data)by a registered professional engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during occurrence of the base flood discharge; . . . (b) Compensatory storage (DL1b): This credit is for regulations that require new development to provide compensatory storage at hydraulically equivalent sites up to a ratio of 1.5:1. Credit is not provided for • Compensatory storage requirements in floodways only or in V Zones only, or • Stormwater management regulations that require a developer to compensate for any increase in runoff created by the development. (2) Prohibition of buildings (DL2): Full credit for DL2 is for prohibiting all new buildings in the SFHA. If the regulations only prohibit certain types of buildings, such as residences, the points will be prorated. If buildings are prohibited in parts of the SFHA, such as the floodway, the impact adjustment will adjust the points. Prohibiting critical facilities is credited in Section 432.f, Protection of critical facilities, not under DL2. (3) Prohibitions on storage of materials (DL3) has no additional criteria. Credit Points (1) DL3 = EITHER: (a) 280 points, for regulations that prohibit fill within floodplains, including construction of buildings on fill, OR (b) 130 points x the ratio of compensation, for regulations that require new development to provide compensatory storage at hydraulically equivalent sites up to a maximum of 195 fora ratio of 1.5:1 or greater 1 0 13cit�counci)P c et Page 1 f 203 1402 Coordinator s anual �' E i ion: 3 Higher Regulatory Standards Example 432.a-1. A community requires that for each cubic foot of fill placed in the regulatory floodplain, the builder must remove a cubic foot of fill from a hydraulically equivalent location. The compensation ratio is 1:1, so DL1b = 130x1 = 130. Gulf Beach County requires that for each cubic foot of fill placed in the regulatory floodplain, the builder must remove 1.25 cubic feet of fill from a hydraulically equivalent location. The compensation ratio is 1.25:1, so DL1b = 130 x 1.25 = 162.5. (2) DL2 = 1,000 points, for regulations that prohibit buildings within the regulatory floodplain If the regulations only prohibit certain types of buildings, such as residences, the points will be prorated. (3) DL3 = one of the following: (a) 50 points, for regulations that prohibit outdoor storage of materials within the regulatory floodplain, OR (b) 20 points, for regulations that prohibit storage of hazardous materials anywhere in the floodplain, OR (c) 10 points, for regulations that require hazardous materials to be stored indoors, above the base flood elevation DL3 credit is not cumulative. If the regulations govern storage of only certain kinds of materials, the points will be prorated. Impact Adjustment DL credit is adjusted based on the ratio of the area affected by the DL regulation to the area of the SFHA. See Section 431.c on calculating an impact adjustment. The following additional criteria apply: (1) The areas affected by the DL regulation(s) must be marked on an impact adjustment map that meets the criteria in Section 431.c. In addition to showing areas credited under OSP, the map must also show developed and undeveloped areas. "Undeveloped" means 31 C2A44oWacluon'lPgant u al Pag 3 - of 203 EAMQ2Z13 Higher Regulatory Standards that there are no buildings on the parcels or that the area is zoned for conservation or agriculture with a minimum lot size of 10 acres (these areas may also qualify for LZ credit). (2) Areas credited for DL credit must exclude areas credited for OSP. However, if the DL regulations are sufficient, vacant areas may qualify for OSP and the community should receive the higher points under OSP (see Section 422.a(3)(c)). (3) Only undeveloped areas are eligible for DL1a and DL2 credit, unless the regulations clearly state that they apply to developed areas. For example, if DL2 regulations are enforced in areas already developed and a building is substantially damaged, it cannot be replaced and the site must be cleared and kept vacant. Note that if a DL2 regulation prohibits all new buildings except farm structures, the value for DL2 can be prorated and the credit can be applied to areas with farm structures. (4) DL 1 b, compensatory storage, and DL3, prohibitions on storage of materials, can be credited in developed areas. rDL# = aDL# , where aSFHA aDL# = the size of the area(s) that qualify for DL# credit (aDL1 a is the size of the area that qualifies for DL1a credit, etc.), and aSFHA = the size of the community's SFHA cDL= (DL1 x rDL1) + (DL2 x rDL2) + (DL3 x rDL3) Documentation Provided by the Community (1) The activity documentation requirements listed in Section 431.d must be met. 432.b. Freeboard (FRB) The maximum credit for this element is 500 points. The NFIP requires that the lowest floor of residential structures be elevated to or above the base flood elevation and that non-residential structures be elevated or floodproofed to or above the base flood elevation. Attached garages and utilities (including electrical, heating, ductwork, ventilating, plumbing, and air conditioning equipment) must also be protected to the base flood elevation (44 Code of Federal Regulations (CFR) §60.3(a)(3)). This can be done by elevating them or using flood-resistant materials during construction. A freeboard requirement adds height above the base flood elevation to provide an extra margin of protection to account for waves, debris, miscalculations, or lack of data. A freeboard requirement of one foot means that the level of protection for the lowest floor, machinery and equipment, etc. is one foot above the base flood elevation. 32. 20140213CityCouncilPacket Page 183 of 203 20140206/71 CRS Coordinators Manual 430-10 Edition: 2013 Higher Regulatory Standards Credit Criteria (1) Lowest floor, utilities, and garages: For FRB credit, freeboard must be applied to the elevation of the lowest floor of the building or to the elevation to which a non- residential building is dry floodproofed, and to all components of the building, including all utilities, ductwork, and attached garages. All portions of the building below the freeboard level must be constructed using flood-damage-resistant materials. If the garage floor is below the freeboard level, the garage must meet the opening and wet floodproofing requirements for enclosures. Two references on these requirements are Protecting Building Utilities from Flood Damage, FEMA-348, and Flood Damage-Resistant Materials Requirements, Technical Bulletin 2 (2008). (2) The amount of freeboard is measured according to the following criteria: (a) In A Zones, freeboard is measured from the top of the lowest floor. In V Zones, it is measured from the bottom of the lowest horizontal structural member. If the ordinance uses "lowest horizontal structural member" or similar language instead of "lowest floor" in areas outside of the V Zone or coastal A Zones where CAZ credit applies, 1 foot is added to the amount of freeboard credited. For example, if the community's ordinance requires that buildings in the A Zones be elevated so the bottom of the floor joists is at least 1.0 feet above the base flood elevation, the ordinance is scored as requiring 2.0 feet of freeboard. (b) For the purpose of calculating CRS credit, the 500-year flood elevation is considered to be one foot higher than the base flood elevation, unless the community demon- strates that it is higher. For example, if the community's ordinance requires that the building be protected to at least the 500-year flood elevation, the ordinance is scored as requiring 1.0 feet of freeboard. (c) In AO Zones, base flood depths are provided instead of base flood elevations. Where depths are not provided, the NFIP regulations require new buildings to be elevated 2 feet above the highest adjacent grade. Some communities misinterpret this requirement as two feet of freeboard. Elevating 2 feet above the highest adjacent grade in an AO Zone where no base flood depth is provided is a minimum requirement of the NFIP and is not eligible for credit. However, in AO Zones with depth numbers, the NFIP requires elevation above that depth. Going higher than the specified depth warrants FRB credit, which is scored the same as in an AE Zone. (d) "Stem wall" construction involves constructing the foundation walls above grade, filling the interior area, and pouring a slab over the fill. From the outside, the building looks as though it is elevated on a crawlspace, but openings are not required. Such buildings are categorized as Diagram 1.b in the FEMA Elevation Certificate. This construction practice does not prohibit fill, but it limits the amount of fill to the building footprint. If the regulations prohibit fill for new buildings, but allow for stem wall construction, the credit is the average of the values in the "No 33 20140213CityCouncilPacket Page 184 of 203 20140206/rI CRS Coordinators Manual 430-11 Edition: 2013 Higher Regulatory Standards filling restrictions" and "Compensatory storage required" columns in the table in the Credit Points section, below. (e) If the ordinance uses the encroached elevation using FEMA's standard allowable maximum rise of one foot, add 0.5 feet to the amount of freeboard. Detailed riverine flood studies that produce a floodway provide a flood elevation based upon the floodway encroachment. In a Flood Insurance Study, these elevations are listed in the "With Floodway" column in the Floodway Data Table. They are generally higher than the "Without Floodway" or "Regulatory" flood elevations. For example, if the community's ordinance requires that the building be protected to at least one foot above this encroached elevation, the ordinance is scored as requiring 1.5 feet of freeboard. (f) Many communities have focused on elevating the top of the lowest floor, but have allowed utilities (especially ductwork) to hang below the floor joists, where it can be flooded. Flooded ductwork can add thousands of dollars to an insurance claim. This is primarily a concern for buildings on crawlspaces. Buildings on slab foundations, on pilings, and in V Zones typically have the utility facilities waterproofed or elevated to a sufficient height. To receive full credit for this element, electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork) must be elevated or waterproofed to the base flood elevation plus freeboard. If the community requires that electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities (including ductwork) be elevated or made of flood-resistant materials above the base flood elevation, but does not require these facilities to be elevated or protected to the freeboard level, then the value for freeboard in the table is considered to be 75% of the elevation requirement. If the utilities and ductwork are not required to be elevated, floodproofed, or otherwise protected to the base flood elevation, there is no credit for FRB. Credit Points FRB = as shown below, based on the required freeboard Freeboard No filling Compensatory Fii4 prohibited restrictions storage required 1 foot 100 110 120 2 feet 225 250 280 3 feet 375 440 500 (1) More points are provided if the community prohibits buildings on fill (e.g., they must be constructed on piers, pilings, or flow-through crawlspaces) or requires compensatory storage if filling is used. 3LI- 20140213CityCouncilPacket Page 185 of 203 20140206/jr1 CRS Coordinator's Manual 430-12 Edition: 2013 Higher Regulatory Standards (2) The values for freeboard levels not shown are extrapolated from the credit points table. For example, the value for 1.5 feet of freeboard where compensatory storage is required is the average of the values for 1.0 foot and 2.0 feet: (110 + 250) - 2 = 180 points. (3) If a community has more than three feet of freeboard, the regulations will be reviewed for special credit higher than the points shown in the credit points table, above. The community will need to provide additional information to warrant the higher credit, such as a demonstrated expectation of new growth in the area. (4) Other adjustments to the scoring are explained in the section on credit criteria, above. Impact Adjustment FRB credit is adjusted based on the ratio of the area affected by the freeboard requirement to the area of the SFHA. See Section 431.c on calculating an impact adjustment. The following additional criteria apply. (1) Areas requested for FRB credit must exclude areas credited for OSP or DL2. (2) There are instances in which a community may have different freeboard requirements in different areas, such as • The community does not require freeboard where there are no base flood elevations, such as in approximate A Zones and AO Zones; • Freeboard is only required for elevated buildings (non-residential buildings may be floodproofed to the base flood elevation without freeboard); • Manufactured homes have a different elevation requirement; or • There is higher freeboard in a V Zone or a floodplain subject to deeper flooding. In these cases, the formulae should use FRB#1, FRB#2, etc. to calculate the appropriate values for the different areas. rFRB = aFRB , where aSFHA aFRB = the size of the area(s) that qualifies for FRB credit, and aSFHA = the size of the community's SFHA Example 432.b-1. South Scottsdale is a fictitious community used for CRS examples (see Figure 430-1). The City requires that all new buildings and substantial improvements be elevated two feet above the base flood elevation. To minimize floodplain encroachments, the City also requires that all new buildings be constructed either (1) without fill on 3 s 20140213CityCouncilPacket Page 186 of 203 20140206/jr1 CRS Coordinator's Manual 430-13 Edition: 2013 Higher Regulatory Standards flow-through foundations, such as piers or crawlspaces with sufficient openings, or (2) on slab foundations with compensatory storage required for any filling. FRB = 250 These regulations apply throughout the SFHA. In the approximate A Zones of Tributaries A and B, buildings must be elevated two feet above the base flood elevation calculated by the permit applicant (which is credited in Activity 410 (Floodplain Mapping)). These regulations only have an impact where new buildings and substantial improvements can be constructed. As noted in Section 431.c(4), areas set aside from development as preserved open space are excluded from the impact adjustment calculations. aFRB = the size of the area(s) that qualify for FRB credit, i.e., the SFHA not credited for OSP under Activity 420 (Open Space Preservation) aSFHA = 504.4 aOSP = 242.9 aFRB = aSFHA—aOSP = 504.4—242.9 = 261.5 rFRB = aFRB = 261.5 = 0.52 aSFHA 504.4 According to Section 433, Credit Calculation, the value for two feet of freeboard with compensatory storage (250) is multiplied by the ratio for rFRB, 0.52. The total credit for South Scottsdale's freeboard requirement, cFRB, is 52% of 250. Documentation Provided by the Community (1) The activity documentation requirements in Section 431.d must be met. 3 20140213CityCouncilPacket Page 187 of 203 20140206/jrl CRS Coordinator's Manual 430-14 Edition: 2013 Higher Regulatory Standards EIiI7e , 1309 ---) In 1 n 1308 McCormick _ _Creek ESA 73Q� � 73 i ,,4"- / If 1 . ..::::,.: 4, .001. 7.,„ '11 South Scottsdale Ifs 4° x296f N ���} j' Impact Adjustment Map r f L° '�//f' North } c y Ir oix AE Zone—Floodway . IN I�r:: 'S,� n AE Zone—Flood Fringe MI y\ I :7f/ Approximate A Zone lht a .-':: ... ..:.: ��srw. :: Shaded X Zone M l\1 - 1�� >>..l :::::� / � Preserved Open Space \---�y1 ' X,9. i = =L ice.] ,, _....\____, a 1L/ it , :: . . . ,..,....„ , . . ... . . . . , .:.:....::::: \ 12&3' ' 1 1__ Indian , ' f,.. i- Bend '"C Tributary A 1 ( Wash dr11116 L —7—' e . ::.:.,:.:.::::.‘ \ I ,z1`t J I Tributary B `"�"7 _ r 1,..: 3.'. .,..1,+4 . -- Higher Regulatory Standards Freeboard (FRB): All AE and A Zones, except preserved open spaces Protection of critical facilities (PC F): All floodway areas except preserved open spaces Figure 430-1. South Scottsdale's impact adjustment map for Activity 430. 37 20140213CItyCouncilPacket Page 188 of 203 201402061jrl CRS Coordinator's Manual 430-15 Edition: 2013 TT 'i t ' :All'111111411111.11111111.1.1114441' . v • .Am=iil/ E...rlijll10i , . AA l4 ys -- rY,� i - ' li • "--, +JAA is.. .K:∎+mac I cy *01%., 1 _._',Z—z- - M 7 mil . _ x•27 •C - s _ _ - +1_.1..] .'".. --- °P' = " al= s ,P isrc , i , ,. i.,..,e_ _,,,. ti 1 iii" Yom' 1 - •! �7 I ul lir II • . f ` ' x _ National Flood Insurance Program (NFIP) Floodplain M n ment aae Requirements A Study Guide and Desk Reference for Local Officials FEMA 480 February 2005 VAR-N. , °.' FEMA A - G„AND S 20140213CityCouncilPacket Page 190 of 203 20140206/jr1 �4' • •1• .,. • r• i 7. a l veil f • � . —' =--7 %...1? .:. ••^ _ ' :. r i,* - -Ad!.. Nil •4 ..+, •.. _. .•fir• .✓ 1�. r,, i_ . . . , �$ A _ • .1r r • ,, �A • � •• i PIP'' .z lia • 1 Ir 1.1 -"if -"----- la'C, -d. i/. ‘:;/4.:.31/ //////•■•--:1 - if/le/7 • w • ....-. eV" 1"/ /42‘ tj- ,...iS., I d /7 // /•• /./, ' i I ' 7 • .Y,I 1t:ilttatt.: 1111111 \'‘'::.t:t t' CAL:Vat:jell LEILA LEE aL'■::tI uLtilli�.� National Flood Insurance Program Community Rating System CRS Credit for Higher Regulatory Standards 2006 .; FEMA IND SGJ4 20140213CityCouncilPacket Page 191 of 203 20140206/jrl , Common Problems Some communities have submitted regulatory language that prohibits hazardous materials storage or one other type of critical facility. These have not received full PCF credit because they do not include the majority of critical facilities. f. Protection of Floodplain Storage Capacity (PSC) Although a building constructed on fill and elevated above the base flood elevation meets the NFIP regulations, filling a substantial portion of the floodplain reduces storage for flood water and tends to increase peak flows downstream. Prohibiting fill, or requiring that if fill is placed in the floodplain, an equal volume of storage be made available, will reduce this problem. NFIP Requirement Compensatory storage The basic NFIP requirement in File 0 excavated\ riverine situations is that new development must not restrict conveyance of floodwaters. A CROSS-SECTION VIEW floodway is adopted to identify the area needed to convey the base flood House built Elevation Contour and that area is kept free of on Fill Line obstructions (Sections 60.3(c)(10) and : `-. (d)(2) and (3)). The balance of the floodplain, the fringe, may be filled or otherwise developed. Although the NFIP requirement has an important impact Cam ensata on future flood heights, it does not Storage Excavation account for the loss of floodplain caused by allowing the fringe to be filled. Illustration from the explanation of the King County, Washington, compensatory storage requirement. If Storage is especially important in flat fill is placed in the floodplain, an equal amount must areas with wide floodplain fringes. be removed from the same elevation to provide "a hydraulically equivalent volume of excavation." Much of the slow-moving flood water is held in the fringe during a flood. Filling or constructing a levee that removes the storage capacity of the fringe means more water will be sent downstream, resulting in increased flood heights. On the other hand, in many places, building on fill is the safest form of floodplain construction, so communities should not summarily enact a prohibition just for CRS credit. Credit for Higher Regulatory Standards —31 — Edition: 2006 20140213CityCouncilPacket Page 192 of 203 20140206/jrl THE CODE OF GRIFFIN, GEORGIA ARTICLE III. PROVISIONS FOR FLOOD DAMAGE REDUCTION Sec. 50-91. General standards for construction. Sec. 50-92. Building standards. Sec. 50-93.Appeal procedures. Sec. 50-94.Violations,enforcement and penalties. Sec. 50-92. Building standards. (a) Building standards for structures and buildings within the future-conditions floodplain. The following provisions, in addition to those in section 50-91, shall apply: (1) New construction. New construction of principal buildings, including manufactured homes shall not be allowed within the limits of the future-conditions floodplain unless all requirements of this chapter have been met. if all of the requirements of this chapter have been met, all new construction shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate the structure, openings sufficient to equalize the hydrologic flood forces on exterior walls and to facilitate the unimpeded movements of floodwaters shall be provided in accordance with standards of section 50-91(e). (2) Substantial improvements. Substantial improvement to any principal structure or manufactured home shall have the lowest floor, including basement, elevated no lower than three feet above the base flood elevation or one foot above the future-conditions flood elevation, whichever is higher. Should solid foundation perimeter walls be used to elevate a structure, openings sufficient to equalize the hydrologic flood forces on exterior walls and to facilitate the unimpeded movements of flood waters shall be provided in accordance with standards of section 50-91(e). A no fill ordinance was not located. A compensatory storage requirement was not located. 20140213CityCouncilPacket Page 193 of 203 20140206/�'rl lir AMERICAN INSTITUTES I OR RESEARCH Evaluation of the National Flood Insurance Program's Building Standards Christopher P. Jones, William L. Coulbourne, Jamie Marshall, and Spencer M. Rogers, Jr. Christopher Jones and Associates ates - _ ` '. October 2006 ;. . _ _ _ ��►- _ - ... . - s - -' • -- ..irk. - - - �'' y' - • a °- .� -- . ;' - , ir w PP _ /.� � - .. _ 'wk.,. rs �^ _ �� Prepared under sub�co ract to the American Institutes for Research .. — - _-�• as part of the 2pQ -2006 Evaluation of the National Flood Insurance Program 20140213CityCouncilPacket Page 195 of 203 20140206/jr1 viii generalized benefit/cost calculations to be made with all cost inputs expressed as a percentage of the initial (at-BFE)building cost. The model was run with variable discount rates(ranging from 3%to 9%),flood damage functions(V and Coastal A, and A), BFEs (in coastal areas,ranging from 12 ft to 20 ft mean sea level [msl]) and Flood Hazard Factors(FHF) in riverine areas, ranging from 25 to 150. • The B/C models run in this study account for building and contents damages, and do not account for other economic costs to the building owner or community (e.g., clean-up and demolition costs,uninsured losses, displacement and relocation costs,loss of jobs and tax base,etc.). The resulting benefit-cost ratios(B/C) are conservative, and will understate the true benefits associated with exceeding minimum NFIP building standards. • Calculation of the maximum justified cost of mitigation,i.e.,freeboard and/or foundation changes at the time of initial construction -- expressed as a percentage of initial construction cost-- that would yield a B/C greater than or equal to 1.0. All cost inputs were expressed as a percentage of the initial(at-BFE)construction cost to generalize the results. • Examination of the sensitivity of the B/C results to inclusion of displacement costs when building occupants must move out of flood damaged homes. • Examination of flood insurance premium discounts for adding freeboard, and development of a general method to determine the time to recover the costs of freeboard through future flood insurance premium savings. General Findings On an individual building level, NFIP building standards have reduced flood damage relative to nearby pre-FIRM type structures.Flood losses for new construction are reduced through elevation and proper selection of the building foundation.Post-storm observations and calculations made during this study demonstrate that incorporation of freeboard is one of the most effective means of reducing property losses. Generally speaking, NFIP building standards do reduce flood losses to new construction under present day base flood events. However,building standards are implemented in conjunction with the Flood Insurance Rate Map(FIRM),which does not account for increasing flood hazards in the future. Thus,while NFIP building standards may be generally effective today,their future effectiveness will be reduced as the FIRM becomes obsolete due to changing flood conditions. Revising building standards may be one way to compensate for changing flood conditions in the future. This study found,for the residential buildings analyzed, the cost of adding freeboard or installing a more flood-resistant foundation at the time of construction is modest but the benefit of doing so can be great,particularly in coastal areas subject to wave effects and riverine floodplains with small flood hazard factors. Incorporating freeboard and/or changing the The Evaluation of the National Flood Insurance Program 45 Evaluation of the National Flood Insurance Program's Building Standards 20140213CityCouncilPacket Page 196 of 203 20140206/jrl ix foundation type would also help to reduce future flood damage resulting from sea level rise and erosion in coastal areas, and from development impacts in riverine areas. Under the current flood premium rate structure, flood premium discounts will be sufficient to recover the incremental costs borne by property owners to incorporate freeboard at the time of initial construction -- in just a few years time for many buildings. However, floods more severe than the 100-year flood do occur, and incorporation of freeboard and modified foundations can help reduce losses from such floods. This study indicates that higher levels of protection are achievable for single family structures, and that the benefits of doing so will exceed the costs, particularly in high hazard areas. Additional B/C analyses could help to define a flood return period for which additional elevation is justified for other classes of structures. With a few exceptions, NFIP building standards evaluated by this study generally protect against the 100-year flood. NFIP flood insurance premium rates generally promote sound construction practices and reduce potential flood damages. However, some changes to building standards and insurance premium rates are warranted, as a way of further reducing flood damages,providing additional incentives for flood loss reduction, and eliminating disincentives. While this study did not investigate building practice effects on flood loss reduction at a community level, extension of the individual building findings to a broader scale seems reasonable. Reduced flood damage to individual buildings aggregates to reduced flood losses and disruption to the community. Study authors have observed this first-hand as part of post flood investigations -- where flood damage was widespread and great, individuals and communities often struggle to recover,while other nearby communities with less flood damage recover quickly. This study did not investigate the effects of potential changes in NFIP building standards on the flood insurance fund, disaster assistance payments and other financial aspects of the NFIP and FEMA. However, since modified building standards could reduce flood damage at the individual building level, it seems reasonable to expect flood claims, disaster assistance and other post-disaster payments might also be reduced. The exact impact on the NFIP would depend on flood premiums received and payments made. The study authors believe that the cost of implementing building standards changes would be small, since the NFIP and the participating communities already enforce standards which are similar to the changed standards this study recommends. Detailed Findings At the time of initial construction, the incremental costs of replacing minimally compliant A zone foundations (such as slab-on-fill and crawlspace foundations)with pier foundations or pile foundations are relatively small, generally less than 5% to 10% of the cost of the building. In Coastal A zones, post-storm field studies have shown that minimally compliant A zone foundations often fail, and this replacement is warranted. In A zones outside coastal areas, NFIP compliant slab-on-fill and crawlspace foundations are generally adequate, and the incremental cost of changing to a pile foundation is not likely justified (but owners may wish to do so to The Evaluation of the National Flood Insurance Program J_ Evaluation of the National Flood Insurance Program's Building Standards "r�(�+ 20140213CityCouncilPacket Page 197 of 203 20140206/jrl X create under-house parking). However, changing to a pier foundation is probably justified, especially for flood depths more than a few feet above grade. At the time of initial construction, the cost of incorporating freeboard in a pile or masonry pier foundation averages approximately 1% to 2% of the at-BFE building cost for 4 ft of added freeboard (approximately 0.25% to 0.5% per foot of freeboard). At the time of initial construction, the cost of incorporating freeboard in a masonry wall with interior pier (crawlspace)foundation averages approximately 3% to 6% of the at-BFE building cost for 4 ft of added freeboard (approximately 0.8%© to 1.5% per foot of freeboard). At the time of initial construction, the cost of incorporating freeboard in a fill foundation averages approximately 3% to 11% of the at-BFE building cost for 4 ft of added freeboard. Although the fill quantity and fill cost do not increase linearly with freeboard, they add an average of 0.8% to 3.0 % per foot of freeboard to the at-BFE building cost. As expected, the B/C ratios calculated in this study decrease with increasing discount rate, with all other factors held constant. B/C ratios also decrease with increasing BFE and FHF, indicating that a foot of freeboard is worth less (in terms of damage reduction) in areas where there is a greater vertical spread in flood elevations associated with different return periods. B/C calculations were tabulated and the B/Cs were determined for various combinations of freeboard, additional construction cost and discount rate. The data were then examined to identify the percent of additional construction cost that an owner would be justified in spending at the time of construction (B/C= 1.0)for each freeboard-BFE-discount rate or freeboard-FHF- discount rate combination. In the V zone and Coastal A zone cases studied, calculations show that it is worth spending from 103% to 106% of the at-BFE building cost to add one to four feet of freeboard, and in some cases it may be worth spending up to 107% to 114% of the at-BFE building cost. In the A zone cases studied, calculations show that it is worth spending less than in V zones and Coastal A zones to add freeboard---this is due to the fact that A zone flood depth- damage functions predict less damage for a given flood depth than do the V zone/Coastal A zone functions. The A zone calculations show it is worth spending from 100.5% to 102% of the at- BFE building cost to add one to four feet of freeboard, and in some cases it may be worth spending up to 103% to 106% of the at-BFE building cost. A sensitivity analysis was undertaken to investigate the effect of including displacement costs in the B/C calculations. Using BCA default displacement times, the effect varies slightly between flood hazard zones and with number of stories in an A zone. However, the effect can be generalized as follows: adding monthly displacement costs equal to 1% of the initial (at-BFE) building cost increases the computed B/C by approximately 10%, and so forth. The relationship between initial freeboard costs and flood premium discounts was also considered in a separate analysis. Even if future building and contents damages prevented are not considered the annual flood premium savings are generally sufficient to pay for the costs of adding freeboard in several years time for many buildings. In the case of V zone buildings, the The Evaluation of the National Flood Insurance Program Evaluation of the National Flood Insurance Program's Building Standards 1 20140213CityCouncilPacket Page 198 of 203 20140206/jrl xi time required to recover freeboard costs through flood premium savings is short—a year or two. In the case of A zone buildings, the recovery time can extend to more than 15 years,due to the lower A zone premiums and premium discounts,which are used to offset the initial freeboard cost. Recommendations B-1. The NFIP should not allow new A zone construction to be built with the top of the lowest floor at the BFE. Instead, the NFIP should require the top of the lowest floor of A zone structures to be built above the BFE such that the floor system is not in contact with flood waters during the base flood.This could be accomplished by either: 1) requiring sufficient freeboard, or 2)by changing the lowest floor reference elevation in A zones to be consistent with V zones(i.e., the bottom of the lowest horizontal structural member supporting the lowest floor must be at or above the BFE). B-2. The NFIP should require at least 1 foot of freeboard for all new construction in the special flood hazard area.The exact freeboard amount should be guided by several factors: • Freeboard requirements contained in consensus standards such as the American Society of Civil Engineer's(ASCE) standard ASCE 24.ASCE 24 contains freeboard provisions which vary by building importance (the standard requires critical facilities to be elevated higher above the BFE than typical residential structures, for example). The ASCE 24 freeboard provisions apply to the lowest floor, the use of flood resistant materials and utilities. • Future flood conditions.ASCE 24 does not account explicitly for future increases in flood hazards,thus,freeboard in excess of ASCE 24 requirements may be appropriate in some flood hazard areas.The NFIP should consider flood loss reduction under present day base flood conditions and under future flood conditions when it establishes freeboard requirements. • Flood elevation frequency.The NFIP should attempt to establish freeboard requirements that are flood-risk consistent. For example, 1 foot of freeboard at a site with a flood hazard factor of 20 may yield protection against a certain flood return period event.Equivalent protection at a different site with a flood hazard factor of 75 would require more than 1 foot of freeboard. B-3. The NFIP should mandate V zone design and construction practices in Coastal A zones (e.g.,requiring open foundations and the area below the BFE to be free of obstructions, making the lowest floor reference elevation the bottom of the lowest horizontal structural member supporting the lowest floor, designing for simultaneous action of flood and wind). Some communities have mandated V zone standards in A zones for years,but implementation of this recommendation on a larger scale would require changes to the flood hazard mapping process and the FIRM.Note that the 2005 edition of ASCE 24 requires new construction in Coastal A zones to meet V zone standards, The Evaluation of the National Flood Insurance Program 4g' a luation of the National Flood Insurance Program's Building Standards 20140213CityCouncilPacket Page 199 of 203 20140206/jrl x11 and the FEMA has published supporting post-Katrina Coastal A zone construction guidance. B-4. The B/C results of this study are sensitive to the flood depth-damage function used in the analysis. The NFIP should, on an ongoing basis, review and update depth-damage functions based on flood claims data, results of Mitigation Assessment Team(MAT) investigations and other data. This may require collection of some additional data now deemed optional during the flood claims adjustment process. B-5. Flood insurance premium rates should reflect anticipated flood damages and provide incentives to property owners and communities to exceed minimum NFIP building standards. The Community Rating System(CRS) does this on a community scale,but additional effort is needed to provide incentives to individuals. For example: • The NFIP should re-evaluate flood insurance premium discounts for buildings in A zones. Current A zone discounts effectively cease at one to two feet above the BFE (unlike V zones where substantial discounts are awarded for up to four feet of freeboard). Additional discounts for increased freeboard in A zones may be one of the most powerful arguments for better construction that can be made to property owners. • The NFIP should revise flood premium rates and coverage for NFIP-compliant pile-elevated buildings outside the V zone. Present rates and coverage penalize property owners who might otherwise adopt the superior pole-type construction, with pilings extending above the lowest floor to a higher floor or the roof. B-6. The NFIP should consider development of an A Zone Risk Factor Rating Form and process, similar to that in place for V zones. This action could provide another way to reward A zone building owners to adopt design and construction practices that exceed NFIP minimum standards. The Evaluation of the National Flood Insurance Program 20140213CityCouncilPacketvaluation of the National Flo$ag surd o 0rogram's Building Standards 20140206/jr14-r Using Freeboard to Elevate Structures above Predicted Floodwaters Page 1 of , The Official Website of the Executive Office of Energy and Environmental Affairs : Energy and Environmental Affairs Home CZM Home Program Areas StormSmart Coasts-Managing Erosion and Flooding StormSmart Communities Using Freeboard to Elevate Structures StormSmart Communities - Using Freeboard to Elevate Structures above Predicted Floodwaters Freeboard is elevating a building's lowest floor above predicted flood elevations by a small additional height(generally 1-3 MASSACI4USETTS OFFICE OF feet above National Flood Insurance Program[NFIP]minimum height requirements).See CZM's printer friendly Freeboard COASTAL ZONE MANAGEMENT „F. Fact Sheet . Without Freeboard With 3' of Freeboard \ CZM HOME - - StormSmart Communities-Tools for Local Officials I StormSmart Communities-Home MP. i � a .1 � i ! Publications 1111111. I Pilot Projects QAnrual flood insurance.S5+499) "-- Arnual'load insurance:52,084 \\\\\\ Funding Sources Elevating a home a few feet above legally mandated heights has very little effect on the overall look of a home,yet it can Freeboard-Elevating above Flood lead to substantial reductions in flood insurance,substantially decrease the chances a home will be damaged by storms Level and flooding,and help protect against sea level rise. Interpreting FEMA Flood Maps What Are the Benefits of Freeboard? Hazard Identification and Mapping • Increased protection from floods and storms.Storm waters can and do rise higher than shown on Flood Insurance Rate Maps(FIRMS).Freeboard helps protect buildings from storms larger than those that FIRMS are based on,and Mitigation and Shore Protection provides an added margin of safety to address the flood modeling and mapping uncertainties associated with FIRMs. About StormSmart Communities • Better preparation for ongoing sea level rise.Massachusetts has experienced a relative sea level rise of approximately 1 foot over the past 100 years.Since elevations on FIRMs do not include sea level rise,freeboard will No Adverse Impact(NAI)Approach help keep structures above floodwaters as storm surge elevations increase. • Greatly reduced flood insurance premiums.Recognizing that freeboard reduces flood risk,the Federal Emergency Related Items Management Agency(FEMA,which administers the NFIP)provides substantial(sometimes more than 50 percent) reductions in flood insurance premiums for structures incorporating freeboard.These savings can rapidly accumulate, StormSmart Coasts-Home especially over the life of a normal mortgage. Coastal Landscaping Example of Savings on NFIP Premiums* with Freeboard Erosion and Shoreline Change V Zone'- A Zane? Annual savings 30-year savings Annual savings 30-year savings CZM Site Map 1'freeboard $1,360(25%) $40,800 $502(41%) $15,060 2'freeboard $2,730(50%) $81,900 $678(55%) $20,340 CONTACT CZM 3'freeboard $3,415(62%) $102,450 $743(60%) $22,290 *NFIP premiums based on May 2007 rates for a one-floor residential structure with no basement built after a FIRM was issued for the community(post- FIRM rates differ from pre-FIRM rates).$500 deductible/$250,000 coverage for the building/Si 00,000 for contents. The expense of incorporating freeboard into new structures is surprisingly low,generally adding only about 0.25 to 1.5 percent to the total construction costs for each foot of added height,according to a 2006 FEMA-commissioned study (Evaluation of the National Flood Insurance Programs Building Standards).The minor resulting increase in monthly 20140213CityCouncilPacket Page 201 of 203 20140206/jrl http://www.mass.gave ea/agencies/czm/program-are as/stofmsmart-coasts/storm smart-communitie s/stormsm... 12/8/20 Jsing Freeboard to Elevate Structures above Predicted Floodwaters Page 3 of mortgage payments is generally more than offset by savings on NFIP premiums.Consequently,adding freeboard typically saves homeowners money. Consider,for example,a proposed one-story building in the V zones that will cost$250,000 to build at minimum legal standards(the NFIP requires that all homes in the floodplain be elevated to at least the base flood elevation[BFE],mapped on FIRMs).According to the study cited above,adding each foot of freeboard to a home on piles or piers adds about 0.4 percent to total construction costs(about$1,000 a foot in this example).If the owner takes out a mortgage at 6.5 percent APR for the total construction costs,he or she will have lower monthly payments(mortgage plus NFIP premiums)with 3 feel of freeboard,even though the construction costs are higher. Home at minimum legal height Home with 3'of freeboard Monthly mortgage payments $1,580.17 Monthly mortgage payments $1,599,13(+$18.96) Monthly flood insurance $458.25 Monthly flood insurance $173.67(-$284.58) Total monthly cost $2,038.42 Total monthly cost $1,772.80(-$265.62) In this example,adding 3 feet of freeboard saves the homeowner$265.62 per month,or$95,623.67 over a 30-year mortgage.Benefits in A zones2 are generally less dramatic,but still substantial.To determine NFIP premiums for a specific properly,see a licensed insurance agent. Who Can Benefit from Freeboard? Nearly everyone building in floodplains can better protect themselves and their property and save on flood insurance by including freeboard into their construction and reconstruction projects.Additional benefits include: • Homeowners-Whether or not you live in the house year-round,having it elevated increases the chances that it will weather storms safely,decreasing your worry and protecting your investment.If you're building a new home,or doing a renovation,ask your builder/designer about incorporating freeboard. • Builders/contractors-Freeboard provides a competitive edge over other builders,allowing you to market the benefits of reduced flood insurance and flood risk to potential buyers.When doing retrofits(especially those requiring bringing structures up to current NFIP standards),explain the benefits of freeboard to your clients. • Municipalities-When constructing new municipal buildings(schools,fire stations,etc.)use freeboard as a means of saving tax dollars.Encourage all new construction in your community to include freeboard.(NOTE:the Massachusetts Attorney General's office has recently rejected bylaws requiring freeboard,but municipalities may promote its use.) • Businesses-Freeboard helps:protect your buildings,important records,and inventory from flooding;drastically decrease your recovery/clean-up time after storm;and potentially save your business.The Institute for Business and Home Safety reports that more than 25 percent of businesses that close due to storm damage never reopen. For More Information • For technical information on the costs of incorporating different flood-resistant building techniques(including freeboard), see the American Institutes for Research's 2006 study,Evaluation of the National Flood insurance Programs Building Standards. • For general information on the National Flood Insurance Program,see www.FloodSmart.00v. • For specific questions on flood insurance rates,see a licensed insurance agent. • Communities looking for more information on the National Flood Insurance Program can contact Richard Zingarelli, Massachusetts NFIP Coordinator:(617)626-1406,Richard.ZingarelliPstate.ma.us, • Businesses looking to prepare for storms and other catastrophic events should visit the Institute for Business and Home Safety's website. 'zone:This Flood Insurance Rate Map(FIRM)designation refers to coastal areas that are subject to the highest levels of wave energy and flooding. 2A zones:Also a FIRM designation,coastal A zones are subject to flooding but with less wave energy than V zones(i.e., wave heights less than 3 feet). G 20140213CityCouncilPacket Page 202 of 203 20140206/jrl ltttp://www.mass.gov/eea/agencies/Czm/program-areas/stormsmart-coasts,/stormsmart-Cornmuntties/storrnsm... 12/8/20 GMA DISTRICT OFFICER RECOMMENDATION FORM DISTRICT 12 Current District 12 Officers include: President Luciria Lovette, Councilmember, Walthourville First Vice President Harold Fowler, Mayor, Richmond Hill Second Vice President Clemontine Washington, Mayor, Midway Third Vice President Tiffany Walraven, Councilmember, Pembroke The following city official(s) are recommended for consideration as a GMA district officer: Name Title City Submitted by: (name) (city) Please return this form to Janice Eidson at GMA by February 28 by fax at (678) 686-6356 or by email at jeidson @gmanet.com. 20140213CityCouncilPacket Page 203 of 203 20140206/jrl