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HomeMy Public PortalAbout20140313CityCouncilPacket Table of Contents 000_000_20140313Agenda 1 050_010_20140213CityCouncilMinutesAmended 3 050_011_Attachments to minutes 15 050_020_20140227 Minutes 18 050_030_20140303CityCouncilWorkshopMinutes 29 060_010_Steve Kellam 31 060_020_Angela Caldwell 33 100_010_Agenda march 13 2014 Budget Amendment 34 120_010_1Variance 5 Tenth PI. lof2 35 U nt it l ed_20140306_114959_001 35 U nt it l ed_20140306_114959_002 55 120_011_2Variance 5 Tenth PI. 2of2 66 120_020_3Ord 06-2014 historic preservation 71 120_030_4Ord 13A-2014 residential driveways 77 120_060_Ord 19-2014 &21-2014 zoning map loft 86 120_061_Ord 19-2014 &21-2014 zoning map 2of2 94 120_070_PC Minutes Feb 1802014 96 130_011_Ord 26-2014 road warranty 115 130_020_Second Reading 15-2014 118 130_030_20-2014 Sec 58-179 - regulatory fee - 02.04.14 121 140_010_Revocable License Seyden lof2 123 140_011_Revocable License Seyden exhibit A 2of2 125 160_010_fottminutes11614 126 160 020 Infrastructure Committee Minutes - 1.9.14 128 AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL MARCH 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: Pledge of Allegiance IV. Recognitions and Proclamations V. Consideration of the approval of the minutes of the regular meetings of the Tybee Island City Council 1 City Council Minutes as Amended, February 13, 2014 2 City Council Minutes, February 27, 2014 3 City Council Workshop, March 3, 2014 VI. Consideration of Boards, Commissions and Committee Appointments 1 Main Street Board of Directors a) Steven Kellam b) Angela Caldwell VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest Limit reports to 10 minutes. VIII. *Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes. IX. Consideration Local Requests &Applications-Funding, Special Events, Alcohol License X. Consideration of Bids, Contracts, Agreements and Expenditures 1 Increase the Beach Patrol's budget by $45,000 to increase the pay of beach and bike patrol officers from $16.32/hour to $20/hour. Recommend that the City Council take the money from the city's general fund savings account, economic stabilization committed fund balance and increase the general fund FY14 operating budget by $45,000 to increase the Beach Patrol personnel and budget. XI. Consideration of Approval of Consent Agenda XII. Public Hearings 1 Variance—consideration of egress requirement at proposed single-family dwelling — Reshma Shah Johnson — 5 Tenth Place—Zone R-2 — PIN 4-0006-18-018 2 Text Amendment—consideration of amendment to the historic preservation ordinance —Ordinance 6-2014; Sections 14-030 & 14-050 — Historic Preservation 3 Text Amendment—consideration of amendment to residential driveway requirements— 2014-13A; Section 3- 080 —Off-street Parking Requirements. 4 Map Amendment—adoption of new Zoning Map 5 Text Amendment— 19-2014; Section 4-020, District Boundaries 6 Text Amendment—21-2014; Section 13-016, Adoption of Map 201403136CityCouncilPacket Page 1 of 130 20140307/jrl 7 Planning Commission Minutes, February 18, 2014 XIII. Consideration of Ordinances, Resolutions 1 First Reading, 26-2014, Sec 54-6, Road Warranty 2 Second Reading, 15-2014, Indigent Defense Services 3 Second Reading, 20-2014, Sec 58-179, Private Parking Lots XIV. Council, Officials and City Attorney Considerations &Comments 1 Bubba Hughes a) Revocable License, Addendum & Exhibit A— unopened Miller Ave & Fifth Ave for Seyden XV. City Managers Report XVI. Minutes of Boards and Committees 1 FOTT Minutes, January, 16, 2014 2 Infrastructure Committee, January 9, 2014 XVII. Executive Session 1 Discuss litigation, personnel, and real estate acquisition XVIII. Possible vote on litigation, personnel and real estate acquisition discussed in executive session. XIX. 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.orq. I THE VISION OF THE CITY OF TYBEE ISLAND "is to make Tybee Island the premier beach community in which to live, work,and play." 41 THE MISSION OF THE CITY OF TYBEE ISLAND "is to provide a safe,secure and sustainable environment by delivering superior services through responsible planning,preservation of our natural and historic resources,and partnership with our community to ensure economic opportunity,a vibrant quality of life,and a thriving future." 201403136CityCouncilPacket Page 2 of 130 20140307/jrl City Council Minutes 20140213 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on February 13, 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; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: • January 23, 2014, City Council Minutes • Brenda Marion, Main Street Board of Directors, Re-appointment • 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 (SEABAR). Discussion: Mayor Buelterman asked Ms. Schleicher where the event is going to be located. Ms. Schleicher responded SEABAR was going to set up at the round-about. She explained that SEABAR is asking that city fees be waived as they were not able to participate in the grant process during the budget cycle. Mr. Garbett asked if the crossover would be closed during the event. Ms. Schleicher confirmed and explained that local business owners were notified of the road closure and that Butler would not be affected. Ms. Doyle stated that she has encouraged SEABAR to fill out the proper grant paperwork for next budget cycle. A discussion ensued regarding fees and Mr. Wolff suggested that the fees be capped at $2,000. Ms. Doyle stated that SEABAR was not afforded the opportunity to submit paperwork at the budget cycle as they had not taken the responsibilities of events at that point. Ms. Schleicher stated that previously fees had not exceeded the $2,000 cap. Mayor Buelterman suggested that fees be waived up to previous fee waiver or $2,000, whichever is greater. Mayor and council agreed. • Alcohol License Request — Special Event — Beer/Wine — SEABAR, Tybee Island Mardi Gras, March 1, 2014 • 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). Discussion: Mr. Wolff stated that this was discussed in depth at the recent Infrastructure Meeting 201403136CityCouncilPacket Page 3 of 130 20140307/jrl and the revised consent is as good as it is going to get. The Infrastructure Committee recommended that mayor and council approve this agenda item. He further explained that the corrective action will take approximately six months and the EPD was assured that all corrective measures will be completed within that timeframe. Mayor Buelterman asked Ms. Schleicher if all the water/sewer lines that were identified during the summer been repaired. Ms. Schleicher stated that the Plan and Consent Order is to repair the lift station (#6) back to the Waste Water Treatment Plant and has been identified in the Corrective Action Plan. Mayor Buelterman asked Ms. Schleicher to contact Mr. Reese and have him identify any lines that need to be address so it can be included in the budget cycle. • Nomination of Wanda Doyle, Mayor pro-tem to Third Vice President, District 12, GMA. Discussion: Mayor Buelterman explained that Mayor pro-tem Doyle has worked extremely hard within District 12 and he would like to nominate her for Third Vice President. Mayor and council confirmed. Mayor Buelterman asked Mr. Hughes to clarify the policy that is in place associated with the private parking lots in a residential area. He stated that parking would only be allowed during specific weekends of the year. Mr. Hughes confirmed. Mr. Hughes stated that no changes have been made to the current ordinance and it allows mayor and council to set the dates, time of operation and any conditions that are appropriate. Mayor Buelterman asked Mr. Hughes for a recommendation regarding approval of the four parking lots in residential areas. Mr. Hughes responded that each parking lot could be treated individually or as a group. There was a short discussion regarding the weekends of operation being Memorial Day, 4th of July and Labor Day which would be a total of ten days. Mayor Buelterman recommended that the commercial and residential parking lots be treated individually. Mr. Hughes confirmed. 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: Jan LeViner • Pledge of Allegiance Report of Staff, Boards, Standing Committees and/or Invited Guests • Jim Kluttz, Polar Plunge, Future Events and Introduction of Melissa Turner, Exec Director, FOTT. Due to a conflict, did not attend. 201403136CityCouncilPacket Page 4 of 130 20140307/jrl Paul Wolff made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous. Public Hearings Annual Review of Private Parking Businesses • Sunrise Parking — 1511 Butler Avenue and Ocean Plaza/Resort Inn — 1401 Strand. Mayor Buelterman clarified that this item is for commercial parking lots which would operate year round. Will Jordan, 1511 Butler Avenue approached mayor and council to speak in favor of this item. He stated that there are no changes in the operation of the parking lot. Mr. Parks asked staff if there were any recorded complaints associated with the two commercial parking lots. Ms. Schleicher stated none. Monty Parks made a motion to approve these two parking lots for their annual review. Wanda Doyle seconded. Vote was unanimous, 6-0. • Renee Bridges — 1001 Butler Avenue, Bramble Family — 215 Lovell, Joyce Prescott — 214 Second Avenue, Jack Rosenberg — 203 Fourteenth Street. Mayor Buelterman stated these four parking lots operated for a total of eight days, surrounded by three holidays: Memorial Day, 4th of July and Labor Day. He would recommend mayor and council hear from the public and then go forward with a motion. Dr. Setline, #1 10th Street, approached mayor and council to speak in opposition of the residential parking lot on 1001 Butler Avenue. He described problems associated with this parking lot which included traffic and pedestrian traffic. Steven Fisher, #11 10th Street approached mayor and council to speak against the approval of the private parking lot on 1001 Butler Avenue. He thanked mayor and council for the compromise in 2013 with limiting the dates of operation and would request that if approved the dates of operation would continue to be limited to the three holidays. Marianne Bramble approached mayor and council to speak in favor of this item. She would further request mayor and council grant a license that would permit her to operate her lot at 215 Lovell for 32 days of operation. This of course is contingent upon the weather. Joyce Prescott, 214 Second Avenue, approached mayor and council to speak in favor of this agenda item as these lots are being used for overflow parking only. Kitty Williams approached mayor and council to speak in opposition of the private parking lots in residential zones. She stated that the City does not need private parking lots in residential areas as it is a disservice to the citizens and speaks to spot zoning. Ms. Williams also described the public safety issues with the lot on Second Avenue and the City needs to address parking on the 201403136CityCouncilPacket Page 5 of 130 20140307/jrl Island. She concluded by stating that the solution to the parking is not to put parking lots in residential zones. Jimmy Williams approached mayor and council to speak in opposition of the private parking lots in residential zones. He stated that this is spot zoning and would ask mayor and council to not approve residential parking lots. Mr. Garbett stated he is supportive of the private parking lots in residential areas as it alleviates some of the congestion on the Island. He is in agreement with the compromise for days of operation from the previous year. Bill Garbett made a motion to approve operation during the three major holidays, Memorial Day (3 days); 4th of July (4 days); and Labor Day (3 days). Paul Wolff seconded. Discussion: Mr. Parks requested Mayor Buelterman review the fee structure for these four lots. Mayor Buelterman stated that the fees were reduced previously. Ms. Schleicher stated that the business license is $135.00 and the regulatory fee is $200.00. Mr. Brown expressed his concerns with the four private parking lots in residential areas. Mr. Hughes clarified there is a motion on the floor and if approved, permits would be limited to the number of vehicles reflected on the application and survey as being permissible at each location to include the property corners being marked. Mr. Brown asked Ms. Schleicher for clarification of compact cars parking in the residential parking lots. Ms. Schleicher stated that vehicles are required to park within the property lines which would preclude parking in the City rights-of-way. The compact cars would park in the smaller areas and the larger cars where there is depth on the lot. Those voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle, and Bill Garbett. Barry Brown opposed. Motion carried, 5-1. Variance — 13 T.S. Chu Terr.; PIN 4-0009-04-006; Zone C-1; Roy Ogletree, petitioner; consideration of height variance request. Barry Brown recused. Dianne Otto approached mayor and council stating that this item is an after the fact variance request for height at 13 T.S. Chu Terrace. The Planning Commission heard this item and voted to deny 4-1. She stated that the property was surveyed by a licensed surveyor and the height of the current structure as elevated is 43.22 feet above sea level. Further the average grade which was calculated for this property and certified is 6.875. Once calculations were done, the structure is at 36' 4.1" which is 1' 4.1" above the 35' height limit island wide. Mayor Buelterman asked for clarification of the flood map. Ms. Otto stated the structure is AE base flood. She further explained the grade calculation and the 1' freeboard requirement. Ms. Doyle commented that the resident does deserve relief with this agenda request. She further stated that mayor and council need to review the current Code due to the changes in the freeboard requirement to include the terminology "hardship". Ms. Doyle explained the residence 201403136CityCouncilPacket Page 6 of 130 20140307/jrl was built in 1930 and the owners chose to elevate the home due to several issues. She would ask for input from mayor and council as well as Mr. Hughes regarding moving forward with relief for the homeowner. Mayor Buelterman stated the City has until April 1, 2014 for the Community Rating System (CRS) reviews and there needs to be continuity with a decision going forward. He then asked Ms. Otto if this request could be place on a future agenda, allowing the owners to occupy the structure and return to mayor and council after the freeboard and associated impacts are determined. Mr. Hughes stated it is difficult to have a text amendment reviewed, properly published and to have a public hearing prior to April 1, 2014. He defined that if the applicant is in agreement, mayor and council could withhold action and grant a temporary certificate of occupancy. Ms. Otto stated that the structure is currently being occupied without consulting staff and safety requirements were done the date of the move in to make the habitation possible. Mr. Garbett confirmed that this is an after the fact variance request. Ms. Otto responded that the building permit would not have been issued to elevate the structure without the residents agreeing to cut the roof as it would have been an illegal structure due to the height limit on the Island. Mr. Garbett recommended that mayor and council contend with the request on its own as he would like to see the roof line preserved for the benefit of the street scape. Mr. Parks stated that if a structure is at 35' and at ground level, with the owners wanting to do the right thing by raising the structure, a conditional certificate of occupancy should be granted to accommodate the 3' freeboard. Mr. Wolff agreed and is concerned with lowering the City's CRS rating which includes the provision of fill dirt, measuring the structure from the adjacent grade not the foot print of the structure, and look at a provision for residents who elevate the building out of the flood plain to give them up to 3' of height variance on a case by case basis. Roy Ogletree approached mayor and council to speak on behalf of Ms. Baber who is the owner of the property. Mr. Ogletree provided mayor and council with additional drawings which were not in the packet (attached). He explained that the only differences were that he combined the drawings from previously submitted to show the 35' height of the structure. He discussed that Ms. Baber does have a hardship as she is between FEMA and Tybee regulations. She is required to go to the 15' finished floor elevation to the lowest point of the duct work due to Tybee regulations therefore it is a hardship. Mr. Ogletree stated that a permit was applied for and granted to raise the structure to the absolute minimum which complied with FEMA standards and the 1' freeboard. He would ask for relief for Ms. Baber. Mr. Garbett asked Mr. Ogletree why a variance was not requested prior to the onset of the project as it would have been the proper procedure to follow. Mr. Ogletree stated it was not intentional as the structure was sitting down with no crawlspace so that an accurate measurement could be taken for the duct work. Once the underneath was cleared so it could be surveyed it was then confirmed that the duct work was going to be below 201403136CityCouncilPacket Page 7 of 130 20140307/jrl what is required. He then described other options which would have compromised the living space as well as costly to the owner. After all options were weighed Ms. Baber decided to ask for a variance. Ms. Doyle questioned why the builder of the residence installed the duct work under the house. Mr. Ogletree responded that this was the choice of the builder and it was not a bad decision. Mr. Parks asked Mr. Ogletree when the structure was first raised. Mr. Ogletree responded that the process began in late November and was completed in December 2013. Mr. Parks asked Ms. Otto who would seal these drawings for height, an architect or a surveyor. Ms. Otto responded either but what is not known is the average grade for each of the projects not only in the past but current. She confirmed that the permit was granted on December 5, 2013 to raise the structure and December 19, 2013 for renovations. Mr. Hughes interjected that the average grade before a structure is built is determined before any alteration of the ground is completed. Mr. Parks discussed his concerns with the drawings as related to the existing structure to include fill. Mr. Ogletree responded that there is no way to know what was done pre-construction. Mayor Buelterman then asked Mr. Ogletree how high above base flood level is the duct work. He responded 1' above base flood. Mayor Buelterman thanked Mr. Ogletree for answering all mayor and council's concerns. Bert Barrett, professional land surveyor, approached mayor and council stating that he was responsible for completing all the survey work for the owner of the residence. He further explained that Ms. Baber did not ask nor did she pay him to speak before mayor and council. He has compassion for Ms. Baber and is before mayor and council to give history on the height requirement. He then explained how the 35' height limit ordinance was adopted as former Mayor pro tem Jack Youmans desire was to have staff approve all height questions and not go before the Planning Commission or mayor and council. As time passed, all variances came before mayor and council. Mr. Barrett explained that the elevations before mayor and council are the original ground elevations as he did the drawings. He then asked for compassion for Ms. Baber as topography is a hardship. Mayor Buelterman thanked Mr. Barrett. Charlie Kirk approached mayor and council to speak in favor and this request. Mr. Kirk explained that he is before mayor and council to also speak in favor of the house as it has been standing since 1938 and is a family house. Mayor Buelterman thanked Mr. Kirk for his comments. Wanda Doyle made a motion to approve. Bill Garbett seconded. Discussion: Mr. Parks expressed his concerns in respect to granting variances as he feels mayor and council need to revisit the 35' height limit with regard to bringing in line with FEMA. Voting in favor was Paul Wolff, Monty Parks, Wanda Doyle and Bill Garbett. Rob Callahan opposed. Motion carried 4-1. Text Amendment — Section 9-050(B) — Technical Codes Adopted, copper wire; consideration of change to copper wiring requirement. Dianne Otto 201403136CityCouncilPacket Page 8 of 130 20140307/jrl approached mayor and council stating this is a first reading of a text amendment and would strike from the current ordinance the requirement that all electrical wiring service be copper wire. Planning Commission heard this agenda item and there was a motion to approve and passed 4-0 in favor of the motion. Mayor Buelterman expressed his thoughts mandating copper over aluminum. Johnny Russell approached mayor and council to speak in favor of copper wiring as there is oxidation with the salt air when using aluminum wiring. He explained that copper is more expensive but does a better job in regards to safety issues. Mr. Russell also showed mayor and council a burnt piece of aluminum wiring which was taken from an air conditioning unit. Ms. Doyle asked Mr. Russell the age of the unit. Mr. Russell responded that the residence was built in the 1970's and further discussed problems in other homes where aluminum was used. Ms. Doyle responded that in her research it is the older homes that are having safety issues as improvements have been made regarding aluminum. She stated that the National Electrical Code (NEC) states that as long as the correct aluminum feeds are used there are fewer safety issues. Mr. Russell explained that when using aluminum, it expands and contracts which makes lugs loose. He does not feel that the lugs loosen due to improper insulation but to the load put on the wiring. Mr. Russell stated that he is in favor of retaining the requirement for copper wiring as it is beneficial to the homeowner. Ms. Doyle referenced correspondence from Elkins Constructors as well as Greenline Architecture in favor of using aluminum wiring. Her goal is to give homeowners a choice. Mr. Wolff confirmed and asked Mr. Russell if using aluminum wire is a fire hazard or is it a nuisance to keep tightening the connectors. Mr. Russell responded it is a nuisance and an expense. Mr. Wolff expressed his concerns regarding public safety and the use of aluminum wire. Mr. Parks thanked Mr. Russell for his time and asked for clarification of the sample of burnt wiring he presented to mayor and council. Mr. Russell explained that it was an example of interior wiring. Mr. Parks agreed with Ms. Doyle with giving a choice to residents regarding their choice of wiring. Mr. Brown stated he will continue to use copper feed in the buildings he constructs as he has concerns with safety of the homeowners. Charlie Kirk approached mayor and council stating he is a licensed contractor and would ask that aluminum wire be disallowed and continue to approve copper wire. George Rentiers approached mayor and council and would ask that the City does not revert back to approving aluminum wire as it is a public safety issue. Ms. Doyle discussed the bid process with the wiring for the new public safety building. Bill Garbett made a motion to approve. Monty Parks seconded. Discussion: Mr. Wolff stated his concerns with safety issues in using aluminum wire. Mr. Garbett responded that it is well documented problems in using aluminum wiring in the 1970's as there were faulty connections. This has now been improved. Mr. Garbett explained that Georgia Power uses aluminum wire in their installations as it is more efficient. Mr. Brown expressed his concerns as he would not 201403136CityCouncilPacket Page 9 of 130 20140307/jrl use aluminum wire in his residence. Voting in favor were Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Voting against were Paul Wolff and Barry Brown. Motion carried 4-2. Text Amendment — Section 3-060 — Bed & Breakfast (Residential); consideration of amendment to requirements for bed & breakfasts. Dianne Otto approached mayor and council to explain this agenda item. She stated that this text amendment is a result of different considerations mayor and council have heard regarding residential bed and breakfasts (B&B) and parking issues. What is before mayor and council is a clarification of special review as related to special event applications and parking issues. Ms. Otto explained that the Planning Commission recommended changes in the language as shown in the packet and approved the changes 4-0. Ms. Doyle asked for clarification of the requirement for handicapped parking. Ms. Otto stated that the handicapped parking is based on the requirements of the American Disabilities Act (ADA) approved table and based on the total number of parking spaces. Ms. Doyle asked Ms. Otto her preference regarding this issue. Ms. Otto stated that her preference is the original version that Planning Commission received not the version they voted to approve as she is not in favor of parking to be off-site or shuttle people. A discussion ensued regarding monitoring the number of guests at these events and how best to ensure there is only 20 guests in attendance. Monty Parks made a motion to approve the language that is proposed prior to the Planning Commission addition. Barry Brown seconded. Discussion: Mayor Buelterman and Mr. Parks expressed their concerns regarding parking at the B&B's during special events. Ms. Doyle stated she would agree with Ms. Otto as all applications are reviewed by staff and are aware of all instances and possible violations regarding parking. Ms. Schleicher further explained the stipulations regarding parking for residential parking. Voting in favor were Paul Wolff, Monty Parks, Wanda Doyle, Barry Brown and Bill Garbett. Rob Callahan opposed. Motion carried 5-1. Text Amendment — Section 3-106 — Protective Screening of Adjacent Property; consideration of amendment to buffering requirements. Ms. Otto approached mayor and council to explain this agenda item. She stated that this outlines the requirements for commercial use abutting a residential use as there are basic requirements of what a buffer or protective screening is to be made up of. Ms. Otto stated if a proposal does not meet the requirements, mayor and council may treat the proposed plan under special review and incorporate any conditions or changes as needed. This will not be considered special review where an additional $500 fee is required as the petitioner did not meet the basic requirements of the protective screening. Also, the Planning Commission consideration was a motion to approve with 201403136CityCouncilPacket Page 10 of 130 20140307/jrl a vote of 4-0. Ms. Doyle would recommend that language in Sec 3-160(C)(1) be removed regarding the provision that in no instance will a street sidewalk be permissible as a buffer. Ms. Otto stated that this was discussed at the Planning Commission meeting and it was their desire not to include in their motion. Mr. Hughes clarified that Sec 3-1260(C) is to ensure the ordinance conform with mayor and councils previous instances (three times). He then explained the history with the provision regarding the requirement for a buffer adjacent to a street sidewalk. Wanda Doyle made a motion to approve as written with the exception of Sec 3-160(c)(1) which would include the change in language, "street, sidewalk or other like improvements will not ordinarily constitute a buffer" in Sec 3-160(C)(1). Paul Wolff seconded. Vote was unanimous, 6-0. Mayor Buelterman asked Mr. Hughes for clarification regarding the protocol for the following agenda item. Ms. Otto explained that this is an agenda request so that mayor and council adopt them as written. Mr. Hughes stated that the text amendments as listed have not been changed from what was previously approved as this is a procedural issue to avoid any future problems. Consider possible changes to the following section of Article 3: • Text Amendment — Section 3-020 — Continuance of Non-confirming Uses/Structures. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-030 — Reduction in Lot Area. Monty Parks made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-040 — Substandard Lots of Record. Wanda Doyle made a motion to approve. Rob Callahan second. Vote was unanimous, 6-0. • Text Amendment — Section 3-090 — Schedule of Development Regulations. Monty Parks made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-110 — Single-family Residential Standards/Manufactured Home Standards/Recreational Vehicle Standards. Monty Parks made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-120 — Access to Public Street Required. Monty Parks made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. 201403136CityCouncilPacket Page 11 of 130 20140307/jrl • Text Amendment — Section 3-130 — Structures to be moved. Monty Parks made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-140 — Unsafe Structures. Paul Wolff made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-150 — Prohibited Uses in Residential Districts. Marianne Bramble approached mayor and council asking for clarification of the definition of prohibited uses in residential districts. Mr. Hughes read verbatim from the ordinance. Monty Parks made a motion to approve. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Barry Brown opposed. Motion carried 5-1. • Text Amendment — Section 3-165 — Greenspace. Paul Wolff made a motion to approve. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. • Text Amendment — Section 3-170 — Home Occupations and Home Business Offices. Monty Parks made a motion to approve. Rob Callahan seconded. Discussion: Mr. Brown requested Ms. Otto clarification of the text amendment. Ms. Otto read verbatim from the ordinance. Vote was unanimous, 6-0. • Text Amendment — Section 3-190 — Swimming Pool Requirements and Placement. Marianne Bramble approached mayor and council and would ask this amendment to be read into the record and further asked if this pertained to the proposed public swimming pool and its location. Mayor Buelterman responded that it is mandated that it be 5' back from the property line where the pool is and would not affect the proposed community pool. Mr. Hughes confirmed and read verbatim the section regarding the 5' easement requirement. Monty Parks made a motion to approve. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against Wanda Doyle and Barry Brown. Motion carried 4-2. • Text Amendment — Section 3-230 — Turtle Nesting Protection. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-240 — Wetlands Protection. Paul Wolff made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. Adopt Zoning Map advertised for a public hearing but no action to be taken. Mr. Hughes stated that the zoning map is in the room and has been reviewed. He 201403136CityCouncilPacket Page 12 of 130 20140307/jrl explained there is a text amendment to accompany the zoning map and has not been through the Planning Commission for review. He would further recommend that this item come back before mayor and council with the text amendment as it refers to the zoning map. No action taken. Consideration of Ordinances and Resolutions 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. Mr. Hughes explained that the cost of the license fee for private parking lots in residential areas is $135.00 and what is before mayor and council is the regulatory fee. Bill Garbett made a motion to approve with the regulatory fee for private parking lots in residential zoned areas $1.00. Paul Wolff seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Barry Brown opposed. Motion carried 5-1. Second Reading, 01-2014, Article 8, Flood Damage Prevention; City of Tybee Island, petitioner; consideration of increased freeboard requirements. Mayor Buelterman reminded mayor and council that the site visit will not be until April 1, 2014. He then asked Mr. Brown what progress he has made with working with developers and others regarding this ordinance. Mr. Brown stated that he met with Jimmy Brown to discuss lowering our CRS rating. He does not disagree with the freeboard but has concerns regarding the 2' freeboard. There was a subsequent discussion regarding the 50% rule and the possible height variance. Mayor Buelterman clarified that if a resident is between 1' and 3' of freeboard and something happens to the residence other than flood damage that requires more than 50% of the structure being rebuilt under FEMA guidelines, it would be required to be rebuilt with 3' of freeboard. Mayor Buelterman would recommend that a workshop be scheduled with local builders, Jimmy Brown, Monty Parks and Barry Brown to arrive at a plan. Mr. Garbett confirmed. Mr. Wolff stated that what needs to be done is to consider the greatest good for the greatest number of people as there may not be a large number of people that would fall into the 2' category with 51% damage done to their residence. He would recommend mayor and council approve a 3' freeboard requirement on first reading and this would move the process forward. Mayor Buelterman stated his concerns with first and second readings and would like to move forward with a plan. Jimmy Brown stated that he is working with CEMA to insure they are working with Tybee to lower the City's CRS rating. Mr. Hughes recommended that this agenda item be advertised for a public hearing on March 13, 2014 and possible second reading. As this would be permissible if the ordinance had been previously introduced. Mr. Wolff confirmed and would ask that the Planning Commission to look at an ordinance regarding fill in relationship to a 201403136CityCouncilPacket Page 13 of 130 20140307/jrl grade higher than the adjacent grade. Mayor Buelterman confirmed and asked Ms. Otto to include on the agenda for the Planning Commission meeting in March. Ms. Otto confirmed. No action taken. Council, Officials and City Attorney Considerations and Comments Residential Driveways, Sec 3-080, Policy on staff water testing. Wanda Doyle recused. Mr. Hughes stated that as a result of the joint workshop between the Planning Commission and Mayor and Council a draft ordinance is now being reviewed by the Planning Commission. Clarification of policy is needed currently in respect to the testing phase. He explained that Mr. Davis stated at the workshop that properly installed pavers meet the 1" retention standard and staff is requiring a determination as to testing. Mr. Brown stated that if the pavers were not maintained once installed it would be a moot point. Ms. Schleicher reminded mayor and council that testing is a policy and not part of the current ordinance. Mr. Wolff stated that he is in agreement for no testing if the pavers are installed and maintained properly to include a 1/16" spacer and accommodate the first once inch of rainfall. Ms. Otto confirmed that inspections would be done. Paul Wolff made a motion that the Planning and Zoning Department have oversight for installing pervious driveways and testing is not required. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Barry Brown opposed. Motion carried 4-1. Clerk's Note: Mr. Brown later clarified he had intended to vote in favor of the motion, not against. Paul Wolff made a motion to adjourn to Executive Session to discuss litigation and real estate acquisition. Bill Garbett seconded. Vote was unanimous Bill Garbett made a motion to return to regular session. Paul Wolff seconded. Vote was unanimous. Paul Wolff made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous. Meeting adjourned at 9:45PM Jason Buelterman, Mayor Janet LeViner, Clerk 201403136CityCouncilPacket Page 14 of 130 20140307/jrl . 0 O in O O in in in O in In O 1 3. M N N Gt. 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N O O N ri r-1 ei e--I M M N Ill M Q _) t M Ln 01 Q1 CC 1� O 1� 01 OC v 0 Q :i... +' CO h l0 c-1 rat N in N 01 cn in O oy o 0 en AA t 4/1- N r o N 0 m al Q 00 4. l ih Ill. i ) i�/} i} VO} cu o d c ear > CO L _ _a N N N a ri i N t■I ei M ate.+ N 07 e.1 47 L. eM•1 ai en U en CO IUuI co .C CU t0 = Q v) O Z o , li e Q - I,. 201403136CityCouncilPacket Page 15 of 130 20140307/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•l: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 All•.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 201403136CityCouncilPacket Page 16 of 130 20140307/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 201403136CityCouncilPacket Page 17 of 130 20140307/jrl City Council Minutes 20140227 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on February 27, 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: • Proclamation, Home Depot Store #170 • Ronald Bossick, Appointment to Community Resource Committee • Phillip Rosen, Historical Preservation Commission • Cathy Lewis, Beach Task Force • 2014 Tybee Island Beach Bum Parade (May 16): 6:30PM (North Beach parking lot — Meddin — Van Horne — Butler — Tybrisa) • Southern Traffic Solutions: for a solar powered, modem communications, in pavement traffic counter proposal - $12,392 — Company has a publically bid state contract and permit. The City can utilize the state's bidding process. Company came highly recommended by GDOT officials. Traffic counter would be installed east of the Lazaretto Bridge in the two lane section. Counter is to be funded with the police capital equipment. There are adequate funds available due to the fact that the fixed location license plate reader was cancelled. Account number: Capital equipment: 100-3210.54.2100 - $38,000 budget balance is available. $9,000 is for the intoxication equipment. Discussion: Monty Parks questioned the cost of the installation of the posts as well as the fee for the installation of the solar panels. Ms. Schleicher explained this was a "turn-key" and all fees are included. Mr. Callahan asked for clarification regarding the incoming and outgoing lanes and what the counters are capable of as he has concerns that personal information could be recorded. Ms. Schleicher reassured him that these counters are basically the exact same type of counter the City has currently. She explained that these counters are in-pavement counters and have the capability to detect the speed of the cars which will alert the police officers to a possible traffic slow down. Mr. Brown stated that it is his understanding that the new counters are no different from what is in place but is better equipment and imbedded in the asphalt. Ms. Schleicher confirmed and stated that installation should be within three weeks. • Initiate contract for revenue recovery with GMA through its debt collection partner, Penn Credit. Contingency fee based on amount collected for accounts aged under 2 years would be 16.5% and 19% for greater than 2 years. Discussion: Ms. Schleicher clarified that this is for bad debt associated with 201403136CityCouncilPacket Page 18 of 130 20140307/jrl water/sewer and parking tickets. The City has used GMA in the past and has been very success especially with the water/sewer collections. This agenda item is for renewal as the agreement has expired. Mr. Callahan expressed his concerns regarding inappropriate debt collection practices. Ms. Schleicher assured mayor and council there would not be any as GMA oversees the process. Mr. Hughes confirmed. Ms. Doyle asked Ms. Schleicher if there have been any issues with debt collection regarding GMA in the past. Ms. Schleicher stated that there were no reported issues in the past when GMA was under contract. • Recommended contractor for the Jones Avenue Water Line Replacement and Lift Station #6 Sewer Force Main Replacement - $1,198,221 for both. o Sewer Main Lift-station No. • 56 505.4310.54.1410 $722,378 $696,628 current budget balance available o Jones Avenue Water Line • 505.4410.54.2107 $1,000,000 budget $992,752 current budget balance available Discussion: Ms. Schleicher explained this is for water/sewer and the City is going to finance (100%) this project with a GEFA loan. There was a short discussion regarding the GEFA loan process. Ms. Doyle recommended mayor and council need to move forward with this project. Mayor Buelterman expressed his concerns and asked for clarification of a start date. Ms. Schleicher stated it will begin in March and scheduled to be completed in 6-9 months. She explained the possible delays with traffic and how the contractor will lessen the possible impact on residents. • Mauldin and Jenkins to conduct the FY14 and FY15 Audit for $23,000 for each fiscal year. Audit Committee recommended continuing with Mauldin and Jenkins for next two years. Account number: 100-15123-52-1221 • SCADA system for 4 sewer lift stations: J. K. Durren Company quote - $26,270 — Recommend accepting this sole source quote because this system configures to the existing SCADA system with the wells. SCADA system will provide a remote alarm system for issues with flows for four out of 13 sewer lift stations. The plan is to add SCADA systems to all of the City's sewer lift stations which will be addressed in the FY 15 budget. Infrastructure Committee recommended. Account number: 504-4310-54-2100. 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 201403136CityCouncilPacket Page 19 of 130 20140307/jrl • Invocation: Chaplain Aaron Powell, American Legion Post #154 • Pledge of Allegiance Recognitions and Proclamations Mayor Buelterman recognized, Todd Smith, IT Department, as Employee of the Quarter. He thanked Mr. Smith for all his hard work not only with his current position but as a volunteer with the Tybee Island Fire Department. Ms. Doyle thanked Mr. Smith as well for all his cost sharing recommendations with the new Tybee Island Public Safety Building. Mayor Buelterman recognized Home Depot Store #170 as they were instrumental in the completion of the ADA ramp at American Legion Post #154. He read a Proclamation which honored and expressed appreciation to Home Depot for their donation of materials as well as volunteers in the completion of the ramp. Consideration of the approval of the minutes of the regular meeting of the Tybee Island City Council • City Council Minutes, February 13, 2014. No action taken. Report of Staff, Boards, Standing Committees and/or Invited Guests Dick Smith approached mayor and council to report on the 2013 Audit. He explained that the Audit was presented to the State prior to the due date of December 31, 2013. Mr. Smith stated that this year there were only three finding which were corrected immediately as opposed to the 57 findings from last audit. He contributed the success of the audit to Finance Director, Angela Hudson. Jim Kluttz approached mayor and council to introduce Melissa Turner, Executive Director, Friends of Tybee Theater. Mr. Kluttz then recognized the Tybee Island Fire Department for their assistance with the Polar Plunge. He presented a check in the amount of $300.00 to Chief Sasser to show their appreciation. Mr. Kluttz then discussed future events on Tybee Island and thanked the City for all their assistance in planning these events. He explained that in approximately eight months the theater should be operational. It will not be completed but will be usable and comfortable. Quarterly Department Reports • Finance Department o IT o HR o Main Street Program o Parking Services o Tybee Island YMCA o Planning and Zoning 201403136CityCouncilPacket Page 20 of 130 20140307/jrl Kim Webster, Visit Tybee, approached mayor and council to present the Tybee Tourism Council's year-end report. She presented a 2013 wrap-up stating tourism is 3.5% above 2012 as well as interactive and social media. Ms. Webster also presented the new logo and marketing strategy for 2014. She commented that tourism on Tybee Island has contributed to 572 people who are directly employed and another 278 are indirectly affected by tourism. Mayor Buelterman thanked Ms. Webster for all her hard work in promoting Tybee Island. Kathryn Propst, Community Resource Committee (CRC), approached mayor and council to report on sustainability on the Island. She then described seven projects that the CRC have been working on: (1) new police cars; (2) landfill and recycling; (3) compost and rain barrel sale; (4) king tide project; (5) Memorial Park energy savings; (6) glass crusher; and (7) wind turbine. Ms. Propst asked mayor and council to develop and implement a comprehensive water and energy plan for Tybee Island. There was a discussion regarding residential recycling as the participation is high but the amount of materials going off the Island is only 17%. She discussed the trends relating to the landfill and recycling, 2013 — 2014. Mr. Brown asked Ms. Propst if she could explain why the two new police cars are recording different gas millage. Ms. Schleicher explained that one vehicle is driven by a supervisor and the other is driven by an officer that does traffic stops. Mr. Wolff thanked Ms. Propst for all her work with the CRC and would urge mayor and council to accept the 20% reduction in carbon dioxide on the Island by 2020. Mayor Buelterman and Mr. Callahan thanked Ms. Propst as well. Citizens to be heard Freda Rutherford approached mayor and council to congratulate Todd Smith for his Employee of the Quarter Award. Paul Wolff made a motion to approve the consent agenda. Rob Callahan seconded. Vote was unanimous, 6-0. Consideration of Ordinances and Resolutions First Reading 15-2014, Indigent Defense Services. Mr. Hughes stated this ordinance proposes to off-set the City's cost in providing indigent defense services. This is also authorized by the State law. Wanda Doyle made a motion to approve. Bill Garbett seconded. Vote was unanimous, 6-0 Second Reading, 18-2014, Article 3 — General Provisions • Text Amendment — Section 3-020 — Continuance of Non-confirming Uses/Structures. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. 201403136CityCouncilPacket Page 21 of 130 20140307/jrl • Text Amendment — Section 3-030 — Reduction in Lot Area. Rob Callahan made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-040 — Substandard Lots of Record. Wanda Doyle made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-090 — Schedule of Development Regulations. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-110 — Single-family Residential Standards/Manufactured Home Standards/Recreational Vehicle Standards. Paul Wolff made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-120 — Access to Public Street Required. Rob Callahan made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-130 — Structures to be Moved. Paul Wolff made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-140 — Unsafe Structures. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-150 — Prohibited Uses in Residential Districts. Rob Callahan made a motion to approve. Paul Wolff seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. • Text Amendment — Section 3-165 — Greenspace. Paul Wolff made a motion to approve. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. • Text Amendment — Section 3-170 — Home Occupations and Home Business Offices. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-190 — Swimming Pool Requirements and Placement. Paul Wolff made a motion to approve. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. • Text Amendment — Section 3-230 — Turtle Nesting Protection. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. 201403136CityCouncilPacket Page 22 of 130 20140307/jrl • Text Amendment — Section 3-240 — Wetlands Protection. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6- 0. Second Reading, 12-2014-A, Sec 3-160, Buffering. Mr. Hughes confirmed that language was changed from first reading as it applies to the consideration of a sidewalk or other improvements permissible as a buffer. Wanda Doyle made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. Second Reading, 17-2014-A, Sec 3-060, B&B Regulations. Paul Wolff made a motion to approve. Bill Garbett seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried 5-1. Second Reading, 16-2014, Sec 9-050, Copper Wire. Wanda Doyle made a motion to approve. Rob Callahan seconded. Discussion: Mr. Parks expressed his gratitude to all residents who approached him regarding this ordinance as it allows mayor and council to remove a regulation as it increases personal responsibility. Mr. Wolff and Mr. Brown stated that they could not approve this as they feel there are major safety issues with the use of aluminum wiring. Mr. Garbett stated that if it is properly wired and the connections are properly made, there are no issues with the use of aluminum wire. Mayor Buelterman concurred. Ms. Doyle asked Ms. Schleicher if there is a maintenance schedule in place for all city buildings. Ms. Schleicher confirmed as all work is done by permits which ensures all wiring is done to Code. Mayor Buelterman asked Ms. Schleicher how the electrical system maintenance program is done. Ms. Schleicher stated that all buildings have been brought up to code and by requiring a permit; it acts as a check and balance. Mayor Buelterman asked Ms. Schleicher what the plan is going forward for maintenance of the electrical systems in regards to city buildings. He further requested that this be done in writing and presented to the Public Safety Committee at their next meeting. Voting in favor were Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Voting against were Paul Wolff and Barry Brown. Motion carried 4-2. Council, Officials and City Attorney Considerations and Comments Mayor Buelterman stated he would recommend that mayor and council set a time line regarding the Long Term Beach Management Plan to include assignments for sand fencing, crossovers, and dunes. Ms. Doyle confirmed and indicated that she would like to be a part of the process along with establishing a committee to work together to determine if the City needs to get outside assistance with the completion of the Plan. Mayor Buelterman confirmed. 201403136CityCouncilPacket Page 23 of 130 20140307/jrl Mayor Buelterman stated that residents have approached him regarding locating parking spaces for low speed vehicles near the beach. Mr. Wolff responded he is favor of identifying potential spaces. Ms. Schleicher stated that staff will accompany her next week to identify potential spaces and this information will be brought to the next Parking Committee meeting for their recommendations. Ms. Schleicher suggested that there are 40-60 potential spaces. Mr. Garbett recommended that staff make the final decision with input from the Planning and Zoning office regarding spaces as he does not feel this needs to come back before mayor and council. Ms. Doyle stated that she had spoken with Diane Schleicher and Angela Hudson and would like to look at a process to Restructuring the Audit Committee and would like to move forward. She will bring something in writing to the second city council meeting in March 2014. There were no objections. Mr. Brown stated that he has been approached by residents regarding golf cart parking permits. He would recommend that residents who have their golf carts registered with Tybee Island Police Department be afforded a complimentary parking decal. This would promote use of golf carts rather than vehicles on the Island. Ms. Schleicher explained that with the golf cart ordinance, it is understood that in order to legally park a golf cart, the owner would have to purchase a decal since ad valorum taxes are not collected on the cart. There was a discussion regarding registering golf carts with the Tybee Island Police Department which ensures equipment is properly installed such as seat belts, lights, turn signals and amber lights. Proof of insurance is also required. Mr. Garbett suggested that the resident provide the Tybee Island Police Department their golf cart registration showing the proper district for residency and bring that to city hall to receive a complimentary decal as a solution. Ms. Schleicher agreed and suggested it would be a different type of decal as done with motorcycles. Mayor Buelterman asked Ms. Schleicher to work with the Tybee Island Police Department to devise a plan to see if this is even doable. Mr. Callahan suggested reducing the cost of the decal since the value of the vehicle decreases each year. Ms. Schleicher responded that the complimentary decal is considered a lost leader and is the only true way to identify a resident and considered a benefit. Mr. Brown expressed his concerns with the residential cost of the decal for a golf cart. Ms. Doyle agreed with Mr. Brown regarding a reduced price for residents. Mr. Brown would like to discuss maintenance vs structure repair in regards to FEMA. He stated that Chatham County classifies some repairs as maintenance and 201403136CityCouncilPacket Page 24 of 130 20140307/jrl some are classified as structural repairs which would trigger the 50% rule. Mr. Brown would like to understand what Chatham County considers maintenance versus structure. He then asked Ms. Otto what could the City do to get better control with the maintenance of a residence as opposed to structural repair. Ms. Otto responded that for FEMA regulations even paint is considered an improvement to the structure. Tybee Island does not require a permit to paint but when it is a residence that is not FEMA compliant, FEMA considers any improvement of the structure to be part of the 50% rule. Mr. Brown would like to meet with Chatham County to get a clarification. Mayor Buelterman agreed and asked Mr. Brown to bring back a report to mayor and council at a future council meeting. Monty Parks would like to recognize volunteers during National Volunteer Week, April 6 — 12, 2014 and would recommend mayor and council do several things in recognition of our volunteers: (1) Brief letter of thank you to members of standing committees; (2) Invite chairs of the committees to a meeting in April at which time mayor and council will present a certification of appreciate; and (3) Questionnaire to standing committees to ask for feedback to a few basic questions. Ms. Doyle thanked Mr. Parks and recommended that this recognition be done in conjunction with Georgia Cities Week, April 13 — 19, 2014. Mr. Wolff suggested that the questionnaire include a question regarding how can mayor and council assist them. Mr. Parks confirmed. Monty Parks expressed his thoughts on having a third pole to Lazaretto Creek banner area and would ask mayor and council for their recommendation. Mr. Parks stated that he would recommend adding a third pole on the marsh side of the existing two poles at Lazaretto which would double the capacity and fits in with the design of the area. Ms. Schleicher stated that Mr. Wilson, DPW, is currently reviewing and reported to her that the cost would be $500 in labor and $500 in materials. Mr. Parks stated that the American Legion is in favor of this recommendation. Ms. Doyle stated she is not in favor of a third pole as currently the area is well organized and appealing to visitors coming on the Island. Mr. Parks added that during the discussion with Mr. Wilson, it was suggested that with the third pole there could be a consolidation of existing signage. Monty Parks made a motion to explore adding a third pole to the Lazaretto Creek area. There being no second, motion died. Discussion: Mr. Garbett stated he is not ready to vote and would recommend that we approach the residents and get public input as it will have an impact on the Island. Ms. Doyle asked for clarification of his statement regarding consolidation of existing signage. Mr. Parks explained. Mayor Buelterman recommended that Mr. Parks bring this item to the second meeting in March with more details to include location and pricing. Mr. Parks confirmed. 201403136CityCouncilPacket Page 25 of 130 20140307/jrl Bubba Hughes approached mayor and council to explain the Marine Science Lease Exhibit and Resolution. He stated that there are three items before mayor and council. The first is the recombination of lots and parking lot where the structure is proposed which will need to be approved by mayor and council. Mr. Hughes explained that the footprint of the area has changed slightly which necessitated some changes in the terms of the final draft of the lease. He would recommend that mayor and council approve the recombination as well as the resolution which closes that portion of Wrenwood Avenue as a dedicated right of way. This now becomes a different use. The final item is the lease of the property within the recombined lots. Mr. Wolff asked for clarification that the lease is basically unchanged. Mr. Hughes confirmed as the three things that have been changed are (1) the description of the property; (2) the dune crossover on the eastern edge of the property which ensures that there is public access for pedestrian traffic to include ADA compliance; and (3) deals with the parking spaces as shown on the handout from Ms. Schleicher. Mr. Hughes explained those changes which includes handicapped parking. Mr. Brown confirmed that all parking will be open to the public. Mr. Garbett, referencing Limewood Drive, would like to know who owns the property and would like clarification of existing parking spaces. Mr. Hughes explained that this is not included in the Marine Science Center lease. Wanda Doyle made a motion to approve the recombination of the lots associated with the proposed Marine Science Center. Barry Brown seconded. Vote was unanimous, 6-0. Wanda Doyle made a motion to approve the Resolution associated with Wrenwood Avenue being deemed abandoned and ceased to be recognized for public road purposed but to be retained by the City as public property, so as to be available as part of the property for the construction of the new facility. Paul Wolff seconded. Vote was unanimous, 6-0. Rob Callahan made a motion to approve the amended lease between the City of Tybee Island and the Tybee Island Marine Science Foundation, Inc. Wanda Doyle seconded. Discussion: Mr. Parks requested confirmation from Mr. Hughes that this property would never be sold to a commercial establishment where they would now be responsible for the lease. Mr. Hughes stated the City will own the building and it would take mayor and council to approve any changes. Vote was unanimous, 6-0. Mayor Buelterman excused councilmen Monty Parks and Rob Callahan as they had to travel to Athens, GA to attend the Newly Elected Training early the following morning. Bubba Hughes: continued: Mayor Buelterman asked Mr. Hughes for clarification of the following four proposed ordinances. Mr. Hughes responded these proposed ordinances will have to be introduced so they can be adopted at any time after tonight as this is part of the Land Development Code and requires public hearing. He stated 201403136CityCouncilPacket Page 26 of 130 20140307/jrl that the earliest these items could be heard would be the second meeting in March 2014. Mayor Buelterman referenced the upcoming CRS visit on April 16, 2014 and the possibility of obtaining more points for flood insurance rates. Ms. Doyle stated that she feels mayor and council needs to take time to set meetings with the builders on the Island and no rush to make a decision. Mayor Buelterman discussed the House of Representatives and Senate voting on the Biggert — Waters Bill relating to flood insurance rates and recommended that mayor and council table the proposed ordinances until such time as they receive clarity from the federal government. Ms. Schleicher commented on the positive work the outside contractor is doing in assisting the City on finding more points toward lowering the flood insurance rates. Ms. Otto confirmed as there is a lot of opportunity for points outside of the drastic types of actions related to height and fill. Mayor Buelterman asked Ms. Schleicher when the report will be ready from the consultants. Ms. Schleicher responded that the information will not be reviewed until April 16, 2014 when the actual visit occurs. Mr. Garbett asked Ms. Schleicher to keep mayor and council updated with all information as it is received. Ms. Schleicher responded that this is a work in progress and she will keep mayor and council informed with information as it becomes available. Mr. Hughes confirmed with Mayor Buelterman that the four proposed ordinances are not to go forward to be heard by the Planning Commission and no action is to be taken. Mayor Buelterman confirmed. There was a brief discussion regarding Ordinance Protection regarding fire protection with your residence. o 22-2014, Sec 3-090, Height, Introduction Only. No action taken. o 23-2014, Sec 3-090, Schedule of Development Regulations as regarding the Minimum Yard Setback Distance, Introduction Only. No action taken. o 24-2014, Sec 5-090, Variance, subsection (B) Height Variances, Introduction Only. No action taken. o 25-2014, Fill, Introduction Only. No action taken Paul Wolff recommended that Solomon Avenue, two-way from Jones to 2"d Avenue be considered by mayor and council as he has had residents approach him. He stated that this will improve the flow of traffic to Jones Avenue during the summer season and would only affect one block. He would also ask staff to review this for any negative repercussions. Ms. Doyle stated the one-way has been in effect for several years and it works and does not feel it should be changed. Mr. Garbett agreed with Ms. Doyle and feels the one block change will create confusion. Mr. Wolff thanked everyone for their input. City Managers Report 201403136CityCouncilPacket Page 27 of 130 20140307/jrl • Action Item List • Short Term Work Program Minutes of Boards and Committees • Audit Committee, September 5, 2013 • Main Street Board of Directors, December 18, 2013 • Beach Task Force, January 16, 2014 Paul Wolff made a motion to adjourn to Executive Session to discuss personnel and real estate acquisition. Wanda Doyle seconded. Vote was unanimous, 4-0. Bill Garbett made a motion to return to regular session. Wanda Doyle seconded. Vote was unanimous, 4-0. Paul Wolff made a motion to adjourn. Bill Garbett seconded. Vote was unanimous, 4-0. Meeting adjourned at 9:30PM 201403136CityCouncilPacket Page 28 of 130 20140307/jrl City Council Minutes 20140303 Mayor Buelterman called the city council workshop to order at 5:30PM on May 3, 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 and Janet LeViner, Clerk of Council. Mayor Buelterman recognized the Beach Task Force members in attendance: Harvey Ferrelle, Joe Richardson, Jimmy Burke, John Wylly, Amy Lanier, Sam Adams and Freda Rutherford. Beach Task Force 1 Focus on a strategic and long range plan for Tybee Island's beach to include funding through 2024 a) Plan A 1. City, county state and federal funds a) Present funds 60/40 b) Phase II study, cost, timeline, 80/20 c) Relationship with COE b) Plan B 1. Partial re-nourishment a) Depending on funds b) Include North Beach area c) Sand dune system d) Sand fencing and identify strategic locations (6th north) e) Relocating sand 2. Options to consider to implement Plan B a) Dedicated hotel/motel tax, 2%, $750K per year b) Unified mission with TITC c) Property tax adjustment d) Flood insurance and CRS issues Discussion: Plans were discussed for the upcoming beach re-nourishment as well as goals moving forward to include a meeting with the Department of Natural Resources and the Corps of Engineers. Goal Setting — 2014— 2015 A discussion took place to discuss the goals of mayor and council in relationship to projects on the Island. The next workshop will be on Wednesday, March 26, 2014 for continued discussions. Summer police staffing, pay increase. Tiffany Hayes approached mayor and council to discuss the requirements and options for police staffing. Ms. Schleicher distributed two handouts (attached) regarding full time versus part time officers. Paul Wolff made a motion to approve a budget amendment for up to $45,000 from the unreserved fund to allow for an increase in staffing for beach, foot and bike patrol at $20.00 per hour through the end of FY14 201403136CityCouncilPacket Page 29 of 130 20140307/jrl to include background check funding needs. Barry Brown seconded. Vote was unanimous, 6- 0. Wanda Doyle made a motion to adjourn. Barry Brown seconded. Vote was unanimous, 6- 0. Meeting adjourned at 8:00PM. Jason Buelterman, Mayor Janet LeViner, Clerk 201403136CityCouncilPacket Page 30 of 130 20140307/jrl February 25, 2014 RE: Letter of Interest to Serve on the Main Street Board of Directors To Whom It May Concern, I am writing in regards to the opportunity to serve on the Main Street Board of Directors. I am particularly interested in a lirector seat with an economic interest in the Main Corridor. I believe I would represent Tybee Island well given my background and experience as it relates to the Island. I would be a good candidate for a seat because I have a deep knowledge of the area - being both a resident and business owner. I have been a resident of Tybee Island for 16 years and a business owner for more than 10 years. I have a sincere appreciation for the betterment and revitalization of Tybee Island and a vested interest in the economic development of the Island. I own Tybee Time Daiquiri and Sports Bar, which is one of the Island's most successful hot spots for tourists, as well as local residents. I am also very involved in the community. I am a realtor in the area and love to tell others and show clients properties in and around Tybee. I also serve as President of TYBEE SEABAR, which hosts the popular annual Pirate Fest and Mardi Gras events on Tybee Island. I would truly appreciate your consideration in serving as a Board Director. I love Tybee Island, and if given the chance to serve in this role, I would always put its interest first. Sincerely, . Steven Kellam 201403136cuyoovno||Paoxot Page 31 of 130 20140307U,1 STEVEN KELLAM SKELLAM@AOL.COM (912) 713-5466 PROFESSIONAL SUMMARY Tybee Time Sports Bar, Owner, Tybee Island, GA (January 2003 to present) • Balance service with costs to ensure profitability • Train, coach and schedule servers to maximum levels of performance • Monitor for consistent sanitation, food quality and presentation • Control inventory with attention to budget guidelines • Human Resources, Accountant, and Supervisor of all day to day operations Solomon Property, Real Estate Agent, Tybee Island, GA (January 2001 to present) • Act as an intermediary in negotiations between buyers and sellers over property prices and settlement details, and during the closing of sales. • Visit and show several sites and explain features of homes. • Compare properties with similar properties to determine fair market price for clients. • Work with loan officers, attorneys, and agencies to complete purchase. Arrange for financing. Kellam Electric, Owner, Savannah, GA (January 1988 to January 2061) • Install lighting, electrical outlets, and circuit breakers. • Thread conduit ends and connect couplings and conduit fittings using wrench. • Secure brackets to bulkheads with screws and bolts and pull wires through conduit leading to connection boxes, switch panels, and other terminals. • Estimator, Human Resources, Accountant, and Supervisor of all day to day operations EDUCATION & SKILLS Georgia Real Estate License (Since 2001) Georgia Class 2 Unrestricted Electric License (Since 1988) US Coast Guard Master 100 Ton Captains License (2010 ) Certified Scuba Assistant Instructor (2007) 201403136CityCouncilPacket Page 32 of 130 20140307/y1 Jan LeViner From: Angie Caldwell <caldwellscottage07 @yahoo.com> Sent: Sunday, February 16, 2014 6:58 PM To: Jan LeViner Subject: letter of interest To Ms. LeViner, My name is Angela Caldwell. I am very interested in becoming apart of your Main Street Board of Directors. I am a full time resident of Tybee Island. Both mine and my husbands family reside here on the island and/or own residence.We were both raised here. I am a business owner: Caldwell's Cottage Embroidery&Specialty Items at 1213 Hwy 80 E.Tybee Oaks. I am blessed to provide a service to our community and doing a job that I love. I am a mother of 3 and have 3 grandchildren. Married for 26 years to Eugene (Bubba) Caldwell. Member of Trinity Chapel. I love Tybee! If you need any additional information I will be happy to provide it. Thank you Angela Caldwell 786-4465 657-5236 1 201403136CityCouncilPacket Page 33 of 130 20140307/jrl City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the 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: March 13, 2013 Item: To request the City Council amend the Fiscal Year—2013-2014 General Fund Operating Budget by $45,000. Description: Budget Amendment Explanation: On Monday, March 3, 2014 meeting, the City Council voted to increase the Beach Patrol's budget by$45,000 to increase the pay of beach and bike patrol officers from $16.32/hour to $20/hour. Therefore, I recommend that the City Council take the money from the city's general fund savings account, economic stabilization committed fund balance and increase the general fund FY14 operating budget by $45,000 to increase the Beach Patrol personnel and budget. Budget Line Item Number(if applicable): Paper Work: -- Attached* Already Distributed To Be Handed Out at Council Meeting (by Requester) Audio/Video Presentation** ** Audio/video presentation must be submitted to the IT department at City Hall By 5:00PM the Thursday prior to the next scheduled City Council Meeting NOTE: Request will be postponed if necessary information is not provided. Submitted by: Phone/Email: (912) 472-5070 /dschleicher@cityof tybee.org Comments: Date given to Clerk of Council 201403136CityCouncilPacket Page 34 of 130 20140307/jrl MAYOR L CITY MANAGER rn Jason Buelterman ,, C Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tem Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett !f Edward M.Hughes Monty Parks �moo. 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: March 13, 2014 Item: Public Hearing Explanation: Variance—5 Tenth Pl.; zone R-2; Reshma Shah Johnson, petitioner; consideration of means of egress 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: March 6, 2014 * * * P.O.Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 , City of I Ethics f www.cityoftybee.org j q� Y 201403136CityCouncilPacket Page 35 of 130 201�307/jrl ik-(--. '1% sp: t l�. Y � n( PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: February 18, 2014 Petitioner: Reshma Shah Johnson Project Name/Description: 5 Tenth Place Action Requested: Variance Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance X Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop X Second Borkowski X Bramble X Motion to deny Livingston X Major X Marion Chair McNaughton X The Planning Commission recomm• •s: ❑ •pproval /1 Denial [1 Continued Planning Commission Cha • Date: - - i C k - Planning& Zoning Manager: ii)t- 0 Date: -1 9 — ( 4 201403136CityCouncilPacket Page 36 of 130 20140307/jrl 3- STAFF REPORT i(-4/ PLANNING COMMISSION MEETING: February 18,2014 CITY COUNCIL MEETING: March 13,2014 LOCATION: 5 Tenth Pl. PIN: 4-0006-18-018 APPLICANT: Reshma Shah Johnson,AIA OWNERS: Dr. &Mrs. Howard Levy EXISTING USE: vacant property PROPOSED USE: new single-family dwelling ZONING: R-2 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: Beachfront Neighborhood APPLICATION: Variance PROPOSAL The request is a Variance from Land Development Code Article 9, Technical Codes Adopted; Section 9-050(C), Two Means of Egress,for a proposed new single-family dwelling to be built at 5 Tenth Place. ANALYSIS The property owners are Dr. and Mrs. Howard Levy. According to Chatham County property records the Levys purchased this lot in July 2011. Tenth Place is a private road. The agent representing this Variance request for the owners is Ms. Reshma Shah Johnson,AIA, LEED AP. She is Principal of Shah Architecture, P.C. A front setback Variance was granted for this property by City Council on March 14, 2013. The required front setback in the R-2 zone is 20-feet. The granted Variance allowed a 17-foot front setback for a 3-foot deep, 14.5- feet wide cantilevered front on the second and the third levels only. The Minutes of the meetings of the front setback Variance considerations are included with this Staff Report. A new construction permit application and plans were submitted by Shah Architecture in December 2013. It was discovered during plan review the proposed structure did not meet the requirement of Section 9-050(C). It reads: (C) Adopted in addition to the technical codes of subsection 9-050(A) is a local requirement that a minimum of two means of egress shall be provided in every building or structure and/or section, and area, including one- and two-family dwellings, where size and/or occupancy, and arrangement endanger occupants attempting to use a single means of egress that is blocked by fire or smoke. The two means of egress shall be arranged to minimize the possibility that both might be rendered impassable by the same emergency condition. Section 9-050(C) was adopted October 28, 2010. The Minutes of the Planning Commission and City Council meetings when adoption was considered are attached to this Staff Report.This 5 Tenth Place application for relief from Section 9-050(C)is the first Variance request sought since the two means of egress ordinance was adopted. The architect submitted a revised plan adding a 4.25-foot diameter spiral stairway as a second means of egress in response to notice that a minimum of two means of egress were required. Installation of a residential fire sprinkler system in lieu of the spiral stairs is proposed in the applicant's Variance request narrative. A second access point for firefighters to enter the elevated building from the ground has not been proposed. If the Variance is approved the spiral staircase will not be installed. The heated/cooled square footage of the structure, including the ground, first, and second floors, and the rooftop deck is 2,236. The unconditioned spaces are 1,052 square feet. The total square footage is therefore 3,288. The properties on Tenth Place have single-family homes and duplex units on them. A description of the R-2, one- and two-family residential district as provided in the City's Land Development Code follows. 201403136CityCouncilPacket Page 37 of 130 20140307/jrl March 1st, 2014 PrrrIVED City Council Members l 3 City of Tybee Island I pale' PQ Box 2749 403 Butler Avenue Tybee Island,Georgia 31328 RE:Variance request for#5 10th Place Concerned Council Members, It has come to our attention that some individuals may have questioned who we are and why we have not been present to represent our variance request during the Planning Commission and City Council meetings. We would like to take this opportunity to explain our absence and define our intentions for the design of our new home. We are both working professionals with full time positions; who have been enjoying vacationing on Tybee Island for many years. We have now reached a point in our lives where we'd like a place of our own on Tybee,to continue spending time with our family. The requests for variance, which we have made, have all been founded in an effort to build a home on a very constrained site and only in the case(s)where we feel there would be no negative impact on our neighbors or community. This lot is limited in buildable area,and comes with the added responsibility of maintaining a detention area that serves our neighborhood. With this in mind we hope you will consider the approval of the current request before you. With regard to our absence from this and our previous variance request,we ask for your understanding. As full time working professionals in the Atlanta area,our schedule does not allow us to attend weekday meetings out of town. Understanding the need for representation,we have asked our Architects to represent us in these meetings. They understand the regulations and constraints related to these requests and can speak to these issues as well as we might be able to. Please note this home will not be used as a rental property. It is meant to be a private home for us and our family. We look forward to getting to know our new neighbors better,so if you have any concerns please feel free to let us know. Sincerely, Howard &Faith Levy 201403136CityCouncilPacket Page 38 of 130 20140307/jrl V V RECEIVE Memorandum 1 Pag` S $ T T ARCHITECTURE PLANNING INTERIOR ARCHITECTURE DESIGN February 28, 2014 Dianne K. Otto, CFM City of Tybee Island dotto @cityoftybee.org phone: 912-472-5031 fax: 912-786-9539 Re:Variance Request for substitution of the requirement stated in Sec.9-050(C)for Residential Sprinkler System Dear Dianne, On behalf of Dr. and Mrs. Howard Levy, Owners of LOT A (SUB Lot 65) 10th Place, I am writing to request a variance from the two means of egress requirement listed in Section 9-050(C) of Appendix A to the Tybee Island, Georgia—Code of Ordinances. PIN:4-0006-18-018 This request was denied by the planning commission on February 18th, 2014. We believe the basis of the denial was twofold. (A.) We did not provide an adequate definition of the Hardship of the property and (B)the examples, presented by Commissioner Bishop, argued that other jurisdictions have adopted the second means of egress as an added life safety measure which is preferable to a sprinkler system. We would like to take this opportunity to respond to Planning Commission's comments and give City Council the chance to hear our responses. Hardship: The property has a 25' detention pond easement at the rear of the lot. Due to this unique physical feature of the site, the buildable lot area has greater limitations than that of the neighboring properties as a result of the drainage easement and detention area. This easement and the areas it facilitates/protects is a feature are maintained SOLEY by the Levy's for proper drainage achieved not only for their own site—but all the sites adjacent,which are also served and by this unique feature. Of all the properties in this area, it is the most difficult to develop under strict adherence to the current building ordinances when you consider the added responsibilities Mr. and Mrs. Levy have accepted, to maintain such a feature which is used by many neighboring lots. SHAH ARCHITECTURE P.C. PO. BOX 10226 SAVANNAH,GA. 31405 912.373.6108 WWW.SHAHARCHITECTURE .. COM RESHMA SHAH JOHNSON,AIA LEED AP-GA:RA012295 MICHAEL C. JOHNSON.AIA SC-AR7871 201403136CityCouncilPacket Page 39 of 130 20140307/jrl 7 Memorandum S ARCHITECTURE PLANNING INTERIOR ARCHITECTURE DESIGN Commissioner Bishop's Examples: We seek to address those examples cited by Commissioner Bishop(1) Chicago building Code, (2) The California Building Code and (3)The Northeast Document Conservation Center, as we have found that after further investigation,these examples that they are not relevant to this requirement or allow the use automatic fire sprinkler system to be substituted for the second means of egress. These sections are referenced below: (1) Chicago building Code 10.14 (13-160-050)(c) Minimum number of exits from the 2nd floor of a single-family residence In single-family dwelling and townhouse units two exits are required from the second floor if the area of that floor is over 1500 square feet. Given that sprinklers are allowed to be substituted for the second exit from the third floor of single family and townhouse units per section (13-160-050Xm), sprinklers can also be substituted for the second exit from the second floor. This will be limited to floors with area up to 2000 s.f. Please also Note that the second means of egress in this code only applies to floor area's above 1,500 s.f. where our subject property has a floor area of 1,334 s.f. This code may be referenced at the following location: http://www.amlegal.com/nxt/gateway.d II/I11i nois/chicagobuilding/division 10-meansofegress/chapterl3- 16oexitrequirements?f=templates$fn=default.htm$3.0$vid=amlexal:chicagobuilding II$anc=JD 13-160-050 (2) California Residential Building Code The California Residential Building Code Does not have a requirement for two means of egress from a single family residence. However,the California residential code does require all new single family residences be fully sprinkled. (3) The Northeast Document Conservation Center This is not a code but an organization which comments on, and makes recommendations for, historic document preservation. This organization does make an argument that alternative means of egress are a preferred alternate to sprinkler systems. However is it is plausible that this has more to do with the nature of preserving the valuable documents housed in these facilities, and less to do with a particularly unique life safety measure. SHAH ARCHITECTURE P.C. P.O.BOX 10226 SAVANNAH,GA. 31405 912.373.6108 WWW.SHAHARCHITECTURE .. COM RESHMA SHAH JOHNSON,AEA. LEED AP-GA:RA012295 MICHAEL C. JOHNSON.AIA SC-AR.7871 201403136CityCouncilPacket Page 40 of 130 20140307/jrl V Memorandum S I I1 ARCHITECTURE PLANNING INTERIOR ARCHITECTURE DESIGN The current plans submitted to the city for permit and approval do indicate a second means of egress in the form of a spiral stair, however,the constraints of the site and requirement to separate the egress in such a small buildable area impair the already restricted usable area. We would like to request a variance to the ordinance, allowing us to eliminate the second stair and in its place install a whole home residential fire sprinkler system. We understand the intent of the ordinance is for the protection of the building's inhabitants from a smoke or fire emergency. And we feel the installation of a sprinkler system will better protect the building's inhabitants from a fire. As evidenced by the attached documentation. A whole home system will work to suppress any fire and prevent it from spreading throughout the house while a second means of egress only allows escape for the buildings occupants in the case a fire breaks out in the main stairwell. With that said, we want to be clear that we seek to maintain the basic purpose of Section 9-050(C) of Appendix A to the Tybee Island, Georgia—Code of Ordinances. And we ask that the City Council consider this alternative measure of protection for the purposes of life safety. A residential fire suppression system is a very viable alternative to a secondary means of egress and is supported by the attached information we have provided. Other Code references and supported studies regarding residential sprinklers systems The Installation of a fire sprinkler system is a recognized alternative to an alternate means of egress by the NFPA (National Fire Protection Association) as described in NFPA 101 Life Safety Handbook Chapter 24 Single Family Dwellings— "24.2.2.1 Number of Means of Escape. 24.2.2.1.1 In dwellings or dwelling units of two rooms or more, every sleeping room and every living area shall have not less than one primary means of escape and one secondary means of escape. 24.2.2.1.2 A secondary means of escape shall not be required where one of the following conditions are met: (1) The bedroom or living area has a door leading directly to the outside of the building at or to grade level. (2) The dwelling unit is protected throughout by an approved automatic sprinkler system in accordance with 24.3.5." SHAH ARCHITECTURE P.C. P.O. BOX 10226 SAVANNAH,GA. 31405 912.373.610$ WVVW.SHAHARCHITECTURE .. COM RESHMA SHAH IOHNSON,AIA. LEED AP-GA:RA012295 MICHAEL C. JOHNSON.ALA SC-AR.7871 201403136CityCouncilPacket Page 41 of 130 20140307/jrl Memorandum S ARCHITECTURE PLANNING INTERIOR ARCHITECTURE DESIGN The recently adopted 2012 Residential Building Code only requires a single exit stair, ramp, or door to the exterior and an escape opening(window), balcony, etc. in each living space. However what was added in this newly issued code was not a second egress stair, but the requirement that ALL new home construction be fully sprinkled. It is only the State of Georgia,through their amendments, has struck down this provision. Some additional facts about Residential sprinkler system. The Fire Protection Research Foundation, an NFPA support mission summarizes in its 2012 report: "For more than two decades, NFPA has published annual reports on the impact of sprinklers on fire losses,focusing exclusively on civilian fire deaths and direct property damage. The latest estimates, very similar to previous estimates,for sprinkler impact on home fire losses are at least an 80%reduction in civilian deaths per 100 fires and about a 70%reduction in direct property damage per fire. (More recently,sprinkler impact on firefighter fireground injuries was estimated using the same years of fire data and the same methods. That analysis resulted in an estimate of 65%reduction in firefighter fireground injuries per 100 fires.) " Further study related to damage & injury from fires found: ➢ Sprinkler presence is associated with a 29%reduction in injuries per 100 reported home fires; ➢ Sprinkler presence is associated with a 53%reduction in medical cost of injuries per 100 reported home fires;and Sprinkler presence is associated with a 41%reduction in total cost of injuries per 100 reported home fires SHAH ARCHITECTURE RC. P.O. BOX 10226 SAVANNAH,GA. 31405 912.373.6108 WWW.SHAHARCHITECTURE .. COM RESHMA SHAH JOHNSON,AIA. LEER AP-GA:RA012295 MICHAEL C. JOHNSON.AIA SC-AR.7871 201403136CityCouncilPacket Page 42 of 130 20140307/jrl V Memorandum ,S I TIN H ARCHITECTURE PLANNING INTERIOR ARCHITECTURE DESIGN Below is a diagram showing the impact of a fire sprinkler system vs.the second means of egress provided for the subject property: r--- 111 rT Ground Floor First Floor The diagram here shows the MIN i area's within the house where, if a fire was to occur,the second means of egress would provide safe passage out of the residence whereas it would otherwise be blocked. Area's protected by second means of egress Second Floor Area's uneffected by a second means of egress. Protection from second means of egress SHAH ARCHITECTURE P.C. P.O. BOX 10226 SAVANNAH,GA. 31405 912.373.6108 WWW.SHAHARCHITECTURE .. COM RESHMA SHAH JOHNSON,AIA_ LEER AP-GA:RA012295 MICHAEL C. JOHNSON.MA SC-AR.7871 201403136CityCouncilPacket Page 43 of 130 20140307/jrl v Memorandum S I 1.1 _1 I ARCHITECTURE PLANNING INTERIOR ARCHITECTURE DESIGN ® Iff fig— ® —°- la I k_ I j 41=' C I ., it a Ground Floor First Floor 1 The diagram here shows the .� area's within the house which would be protected by an automatic fire sprinkler system. L. .. — - J i V 1 i Area's protected by �� �'� sprinkler system Second Floor Area's unprotected by sprinkler system Protection from a sprinkler system SHAH ARCHITECTURE P.C. P.O. BOX 10226 SAVANNAH.GA. 31405 912.373.6108 WWW,SHAHARCHITECTURE — COM RESHMA SHAH JOHNSON,AIA. LEES?AP-GA:RA012295 MICHAEL C. JOHNSON.AIA SC-AR.7871 201403136CityCouncilPacket Page 44 of 130 20140307/jrl • Memorandum SIJANI-1 ARCHITECTURE PLANNING INTERIOR ARCH ITECTURE DESIGN We hope you will find the attached request an acceptable cause to be reviewed by the Tybee City Council.Should you have any questions, or if you require additional information, please do not hesitate to contact us. Again,we thank you for your consideration, and look forward to meeting with you. Sincerely, Reshma Shah Johnson, AIA Michael C.Johnson,AIA SHAH ARCHITECTURE P.C. P.O. BOX 10226 SAVANNAH,GA. 31405 912.373.6108 WWW.SHAHARCHITECTURE .. COM RESHMA SHAH JOHNSON,AIA, LIED AP-GA:RA012295 MICHAEL C. JOHNSON.ALA SC-AR.7871 201403136CityCouncilPacket Page 45 of 130 20140307/jrl The purpose of this district is to provide for affordable development of single-family and duplex style development. This district is intended for medium density residential neighborhoods which are quiet and livable. This district includes a mixture of one and two-family homes with compatible educational, religious, and public institutions as well as limited home occupations. [Section 4-050(C)] The description from the Comprehensive Plan of the Beachfront Neighborhood Community Character Area reads: This area includes the neighborhood adjacent to the beach on the east side of Butler Avenue. It is defined by a mix of single-family, duplex, and multi family development. General characteristics of the area include old-growth trees, on-street parking, wide streets, alleys, and public and private beach access. The table below shows how the proposed project fits with the Recommended Development Strategies outlined in Section 1.2.4 of the Comprehensive Plan for the Beachfront Neighborhood Community Character Area. Comprehensive Plan Section 1.2.4—Beachfront Neighborhood Recommended Development Strategies Meets Strategy Strategy Y/N or N/A 1 New development, redevelopment and restoration should be consistent with existing character of the area in terms of mass, scale, use, and density. 2 Historic structures in this area should be restored and/or preserved whenever N/A possible. 3 The City should provide appropriate incentives for historic restoration N/A projects. 4. The pedestrian environment should be enhanced where feasible. N 5. Old growth trees should be preserved. N/A 6 Public beach access should be preserved, maintained, and enhanced as N/A necessary. 7. Do not allow intrusion of commercial uses. Y 8. The low-density character of this area should be preserved. Y 9. Encourage preservation of large,historic beach to Butler Avenue lots. N/A STAFF FINDING The proposed project is contrary to the two means of egress requirement of the Land Development Code. The explanation of hardship on page 1 of the Variance application refers the reader to an attached letter and narrative. Staff was unable to discern a statement by the applicant which meets the Variance hardship requirement of Section 5-090(A). Shallowness of the lot size or shape has been checked on page 2 of the application. Unlike installation of a second means of egress during initial construction, routine maintenance and inspections of a sprinkler system would be needed throughout the lifespan of the building. This Staff Report was prepared by Dianne Otto. ATTACHMENTS a nctrra var Su r a,x• ,.+rren�S, cro^^ p?lv�.c°- A. Variance Application(2 pages,,ti .►,:} e t� a4 e r ?I 00-4,-..e-,3 Ca. .s s. n B. Narrative and support documents from applicant(4 pages) (%%1::)o St S) C. Planning Commission&City Council Minutes related to front setback Variance(6 pages) D. Planning Commission&City Council Minutes related to adoption of 2 means of egress(3 pages) E. Photographs of existing conditions(3 pages) F. SAGIS map (1 page) G. Storm Drain As-built, dated 11/20/2007(1 page) H. Survey, dated 12/07/2012(1 page) I. Proposed floor plan with 2 means of egress, dated 12/20/2013 (3 pages) 201403136CityCouncilPacket Page 46 of 130 20140307/jrl NM „V v,. CITY OF TYBEE ISLAND Fee ZONING VARIANCE APPLICATION commercial .$500 > Residential .$200 Applicant's Name: Reshma Shah Johnson Address and location of subject property: LotA SUB of the Eastern PT of Lot 65, Ward 4 on 10th Place PIN: 4-0006-18-018 Applicant's Telephone Number: 912-447-3601 Applicant's Mailing Address P.O. Box 10226/Savannah, GA 31412 Brief description of the land development activity and use of the land thereafter to take place on the property: The design and construction of a single family house. Explain the hardship: Please see attached letter and narrative description. Property Owner's Name: Dr. Howard Levy Telephone Number Property Owner's Address 917 Springdale Road / Atlanta, GA 30306 Is Applicant the Property Owner? Yes _X_ No If Applicant is the Property Owner, Proof of Ownership is attached: _X_ Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. _X_ Yes Current Zoning of Property R-2 Current Use: Lot has no improvements. Names and addresses of all adjacent property owners are attached: _x Yes If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action, and the date of each contribution; c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Disclosure of Campaign Contributions form attachment hereto: _x Yes L .2/3/020/Signature of Applican Date NOTE: Other specific data is required for each type of Variance. Fee Amount$ :400 Check Number l 0 2 Z 3 Date - 3-i+ �'��� f403 kel �" Page 47 of 130 20140307/jrl 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, _x_ 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, ete. 5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the petitioner shall be required to: Add two feet to each side yard setback for each one foot above 35 feet in height, and, Have safeguards consisting of sprinkler systems, smoke detectors and other fire protection equipment deemed necessary at the time by the Mayor and Council, and, Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above 35 feet height. The Applicant certifies that he/she has read the requirements for Variances and has provided the required information to the best of his/her ability in a truthful and honest manner. V—(3/ ZOI Signature of Applicant Date 7 201403136CityCouncilPacket Page 48 of 130 20140307/jrl V VV Memorandum H ARCHITECTURE PLANNING INTERIOR ARCHITECTURE DESIGN February 3, 2014 Dianne K. Otto, CFM City of Tybee Island dotto@cityoftybee.org phone: 912-472-5031 fax: 912-786-9539 Re:Variance Request for substitution of the requirement stated in Sec.9-050(C)for Residential Sprinkler System Dear Dianne, On behalf of Dr. and Mrs. Howard Levy, Owners of LOT A (SUB Lot 65) 10th Place, I am writing to request a variance from the two means of egress requirement listed in Section 9-050(C) of Appendix A to the Tybee Island, Georgia—Code of Ordinances. PIN: 4-0006-18-018 The property currently has a 25' detention pond easement at the rear of the lot. The Owner plans to build a modest single family residence. Due to the unique site the buildable lot area is limited to a 32' x 42'. The requirement of a second means of egress from the first floor makes the arrangement of any floor plan or layout awkward at best. The current plans submitted to the city for permit and approval do indicate a second means of egress in the form of a spiral stair, unfortunately the only location for this stair was on the screened porch making much of the space unusable for dining as originally planned. We would like to request a variance to the ordinance, allowing us to eliminate the second stair and in its place install a whole home residential fire sprinkler system. As the intent of the ordinance seems to be protection of the buildings inhabitants from a smoke or fire emergency, we feel the installation of a sprinkler system will better protect the residences inhabitants from a fire. A whole home system will work to suppress any fire and prevent it from spreading throughout the house while a second means of egress only allows escape for the buildings occupants in the case a fire breaks out in the main stairwell. SHAH ARCHITECTURE P.C. P.O. BOX 10226 SAVANNAH,GA. 31405 912.373.6108 WWW.SHAHARCHITECTURE ., CO; 201403136City861810a0 IOHNSON,ALA. LEED AP Page 49abf16 5 MICHAEL C. JOHNSON,AIA SC-AR.787 120140307/jrl Memorandum S I I-i ARCHITECTURE PLANNING INTERIOR ARCHITECTURE DESIGN Below are some facts as published by the Home Fire Sprinkler Coalition, a not for profit advocacy group: • It typically takes fire departments 9-12 minutes after a fire has started to arrive. By then firefighters will have to use high pressure hoses, applying water at 125 gallons per minute. The home may be lost and the family displaced. • Fire sprinklers work so fast that they often put out a fire before the fire department arrives. • In Scottsdale, AZ, a 15-year study of home fire sprinklers showed that the average loss per sprinklered fire incident was$2,166 compared to more than$45,000 for unsprinklered homes. • Installing both smoke alarms and a fire sprinkler system reduces the risk of death in a home fire by 82%, relative to having neither. • Home fire sprinkler systems are at least as reliable as home plumbing systems. Further information can be found at www.homefiresprinkler.org We hope you will find the attached request an acceptable cause to be reviewed by the planning commission and the city council. Should you have any questions, or if you require additional information, please do not hesitate to contact us. Again, we thank you for your consideration, and look forward to hearing from you. Sincerely, I 'f Reshma Shah Johnson A SHAH ARCHITECTURE P.C. P.O. BOX 10226 SAVANNAH,GA. 31405 912.373.6108 WW1V,SHAHARCHITECTURE .. CO, 201403136Citytb6N6Il a 8 C tH JOHNSON.AIA, LEED APp 1 05 MICHAEL C. JOHNSON.AIA SC-AR.787120140307/jrl V S I ICI I ARCHITECTURE Residential Fire Sprinkler PLANNING INTERIOR ARCHITECTURE DESIGN {{.�,I :: T • . .... -_ - .. . Z 'i 4 fir'.-L '-r'4]' ..6s.gilt ijit, 1-.-1 r--,-.',- u. ..j. T. 0 , , ... ,.. . _ „ _ri ,... .......:. .... ._ -1 m ___ , /-1, , .,-., , _ _ . . , . .,, , , ,, , ' i r -_ . = --- _.„ ' ''"---- ,_.. .- r - , 1 a - x IS i Ground Floor First Floor __ _ The diagram here shows the — '. area's within the house which ..,_. iti. • would be protected by an automatic fire sprinkler system. s . vim. I u Area's protected by hi W r h sprinkler system r-1 4 Second Floor Area's unprotected by sprinkler system (Fig. A) SHAH ARCHITECTURE P.C. P.Q. BOX 102.26 SAVANNAH,GA. 31405 912373.6108 WWW.SHAHARCHITECTURE C( 2014031 36citycaiii-bOkati A JOHNSON,AIA. LEER ag 1R:4(1i1 95 MICHAEL C. IOHNSON. AlA SC-AR.787210140307/jrl V \ S FI ARCHITECTURE Second Means of Egress PLANNING INTERIOR ARCHITECTURE DESIGN • 7 --li ill [0 >t Ground Floor First Floor The diagram here shows the area's within the house where, if a fire was to occur,the second AMMO area's of egress would provide safe passage out of the residence whereas it would otherwise be blocked. , Area's protected by yw _ second means of egress Second Floor Area's uneffected by a second means of egress. (Fig. B) SHAH ARCHITECTURE P.C. PO. BOX 10226 SAVANNAH,GA. 31405 912.373.6108 WWW.SHAHARCHITECTURE CC 201403136CityCgii'dI AAAH JOHNSON,AIA. LEER.APP 6662`61)-60 MICHAEL C. JOHNSON.ALA SC-AR.78710140307/jrl w PC& CC Minutes related to approval of in a front setback Variance for 5 Tenth Pl. '" Planning Commission Minutes 02/19/2013 Variance— Reshma Shah Johnson - Front Setback for 5 Tenth Place Ms. Otto—This request at 5 Tenth Place is to build a single-family home. On the rear of the property is a drainage easement that has taken a portion of the property that normally would have been building footprint. The request is to encroach into the front setback,which is required to be twenty feet,with a three foot area which would only be in the center portion of the proposed structure. In your packets are diagrams of each floor level and a rendering of what the home would look like. On the ground level there would not be a three foot extension into the front setback but on the second and third levels there would be. Highlighted in yellow is the three foot area protruding into the front setback(referring to PowerPoint). Here is the rendering that shows if you are looking straight at the home and what it would look like. If you are looking west, on the left side,you see the protrusion of the second and third floors beyond the footprint of the ground floor. Here is a photograph of the lot and that drainage area in the rear of the property as well as a couple of shots looking east and west along Tenth Place. Tenth Place is a private road and all the homes own to the middle of the lane; the required twenty foot setback is measured from the center of the road. Mr. Callahan—Since we are measuring from the middle of the road,that makes it narrower than we would normally be dealing with because we're usually measuring from the edge of the pavement, correct? Ms. Otto—We're usually measuring from the property line that has a city right-of-way in front of it but this does not. The house across the street, they share a common front property line which is the middle of the street. Mr. Callahan—The concern is the width that will be remaining with the three-foot overhang on the second and third floors. Is it going to impede emergency vehicles or large moving vans or anything of that nature? Ms. Otto—I have not experienced what large vehicles are doing on that lane so I don't have an answer for that. Mr. Callahan—Such as a fire truck. Ms. Otto—Fire trucks do not place themselves in harm's way so they would not go in there and not be able to turn around and come back out. They are going to use their equipment from Butler Avenue to access any structure in there;they don't take equipment or fire trucks into a place where they can't turn around and get back out. They would be too close to the source of the fire and that would endanger the fire trucks. Based on prior questions I have asked about dead ends like this,they don't put their equipment in that situation. Mr. Smith is here this evening and he could probably answer that question better than I could. Mr. Callahan—I think you have addressed it adequately if they don't even venture down the road. Other large vehicles, especially taller ones like moving vans,would the width of the road be so narrow between the edge of the house across the street and what will be the front overhang of the new house that it may become a problem? Is there any way to know that? Ms. Otto—I don't know of a way to know that. Mr. Callahan—Do you know what the setback is to this home? Ms. Otto—In your packet is the drainage as-built from the other projects and it does show that the home that is closest to the ocean has a fifteen foot setback[referring to PowerPoint]. The next one looks to be twenty though it is not called out. The one shown here, at the far end nearest the beach, is at fifteen feet,this one is at twenty, and they are proposing seventeen but only on the second and third floors. 1 201403136CityCouncilPacket Page 53 of 130 20140307/jrl Mr. Callahan—I was thinking that the new house was to the left of this one [referring to PowerPoint]. Is the house on the right in that photo,is it set back far enough to allow passage of the larger vehicles? Ms. Otto—Looking at the photograph,I would say yes but I don't have a measurement of what their front setback is. Mr. Callahan—The house on the right was probably constructed many years ago or before we had setbacks. Ms. Otto—I believe because it probably has a Strand address, and the front is probably considered to be the ocean, that the fifteen is actually a side setback. It's a duplex that faces the ocean so what you see there is a side of one of the units, so that is a side yard setback. Mr. Callahan—I understand that. I was referring to the other photo that was up. I'm just trying to establish what the setback is for that one. Ms. Otto—I do not know. I've seen Waste Pro garbage trucks back into these types of lanes because there is nowhere to turn around. I would suspect that may be the situation unless they are currently using this lot to turn around on. Mr. Bishop—When I was looking at the lot and the proposed floor plan,the house has one dimension according to the Shah Architectural drawing,is 32 feet and the extension is three so we have a total of 35 feet total. Is that correct? Ms. Otto—The total depth of the home,yes. Mr. Bishop—In the measurements taken from the drainage ditch, approximately,going forward to that 35 feet,it appears that the duplex that is located to the east on the beach side, that appears to be where their side is approximately the same distance into the lane that this house would be in general measurements. With that,as fat as a public safety or an issue,I guess that would be considered a precedent—which it is already out into the lane at approximately the same amount of distance. Ms. Otto—I would agree with that statement. Mr. Bishop Looking at code section 5-090, that we could grant a variance from the strict application of the Land Development Code if there are unique physical circumstances inclusive of exceptional topographical or other physical conditions. Topography being basically graphic representation of a surface feature of a place or region on a map or survey. Wouldn't the detention pond fall squarely within the definition of exceptional topographical since it is in fact a surface feature that is reflected on a map as well as a survey? That could potentially place it into a category of may grant a variance based on a unique physical circumstance based on exceptional topographical or other physical conditions. Ms. Otto—In my opinion,this detention/retention area is a man-made topographic feature that did not originate to that lot. It was created as a drainage area to serve multiple lots in that vicinity. In my opinion,when the code references the topographic,it is referring to something that naturally existed not to something that was man-made and placed there within recent years. Mr. Bishop—If it was man-made, could it be filled in since it's not naturally made, to accommodate the current design of the home? If there was a drainage plan that would allow the filled in area to act as the appropriate drainage for that Iot and the adjoining lots there too? Ms. Otto—It is currently a platted drainage easement. If the owner proposed an alternative drainage system that served the same purpose, that would be considered by the city and then the lot would have the normal footprint that a building is allowed in this zone. It would be an expensive venture because of the number of lots that are using that detention area for their drainage. 2 201403136CityCouncilPacket Page 54 of 130 20140307/jrl Mr. Bishop—As it is currently, on the surveys and maps, the fact that it is a detention area without that filling, the city would not consider that exceptional topographical finding thereby inhibiting the ability to build from a reasonable position on the lot forward with a variance because actually that existing topographical item is a uniqueness to that lot and prohibits the owner from building without corning forward because we can't build over the detention pond,so that is a uniqueness to that lot. Ms. Otto—It could be interpreted in that way. In my opinion, I find it to be a man-made item that was placed on that lot for a different purpose and it was known at that time that the footprint would be reduced because of it. It is certainly buildable without the three foot requested in the front; they could still build a suitable home. I believe the petitioner is going to share the design aesthetic as a more pleasing appearance with the bump-out on the front,but it certainly could be developed as a box home without needing a variance. Mr. Parks—This detention pond,when was this done? What is the history of this pond? Ms. Otto—I have the permit that was issued in 2005 for the drainage for the minor subdivision that occurred in this area, That retention area serves the two lots that are shown in this photograph [referring to PowerPoint] down the street and also serves a drainage outlet that goes over to the street to the south. It is a comprehensive area for drainage that solved the building of these other lots in 2005. Mr. Parks—There have been many houses built without ponds; was there a specific reason for one there? Ms. Otto—It needed to be sizeable. Recently we worked with Neptune Lane and it has two on that subdivision. When you have development on a large overall tract and you're going to build major impacts, there needs to be a way to address that. This being a private lane, there is no city storm sewer for the runoff. Subsurface detention is used other places, that is an option,but for this particular situation their engineer designed a detention area instead. Mr. Parks—I assume that pond was there when they negotiated the sale of the property; this was a known characteristic. Ms. Otto—That is correct. Mr. Parks—They can't fill it in? Ms. Otto—They cannot fill it in. They could hire an engineer to design and there are many different ways to design drainage. Another engineer may come up with a design that serves the same purpose but doesn't take up as much of this particular lot. It would be an expensive thing to engineer but if you went with some type of subsurface detention area,it is doable. Mr. Parks—Other questions for staff? [There were none.] Do we have somebody for the petitioner that would like to address this? Reshma Shah Johnson came forward and introduced herself. I am the architect for this proposed design. We feel that the retention/detention pond was a topographic anomaly to the site and that was our reasoning to get a variance to extend the center section. The buildable lot is 40 feet by 32 feet and we have tried to put as much house as we can into that modest footprint. The owners want something understated and low scale and we feel like it would be a good design choice to let the center bay come out also enabling them to get a better view, albeit small,of the ocean proper. Mr. McNaughton—Are the support posts for that front bump-out in the setback area? Mr.Johnson—No,they are not. It's a cantilever. 3 201403136CityCouncilPacket Page 55 of 130 20140307/jrl Mr. McNaughton—That small space from the column out is the overhang. Ms.Johnson—Yes, from that red dot to the edge [referring to PowerPoint]. Mr. Marion—Your clients have also explored options. Talking about a box style home,would they consider something like that to mitigate any additional costs such as exploring the whole idea of the retention pond? Ms.Johnson—Yes,if the only options were to look at the retention pond or forego the bump-out, they're going to forego the bump-out. This is a very cost limiting project and for the owners it is a numbers game as to what you can put on this lot that will work. He doesn't want to touch the retention/detention pond whatsoever because you don't know what you're going to get into once you get into it. Mr. Bishop—The three feet that would put you into the setback, in essence,that would allow the prospective homeowner to have an east ocean view? Ms.Johnson—Correct. Mr. Bishop—Without the bump-out,would they have a view? Ms.Johnson—If you stood in the corner of the most east porch. Mr. Bishop—Aesthetically they would still have an ocean view without the bump-out but just not as grand? Ms.Johnson—Correct. Mr. Bishop—Without the variance that is. Ms.Johnson—Without the variance, correct. Ms. Bramble—Is the hardship for the owner the ocean view? Ms.Johnson—No, the hardship is the additional setback requirement brought on by the retention/detention pond that exists on the property; that changes the allowable footprint that can go there. Mr. Bishop—Dianne,the detention pond, in your opinion,is not a hardship? Ms. Otto—That is correct. Mr. Bishop The detention pond requiring them to come to us tonight does not constitute an exceptional topographical item under the intent of the LDC because it was man-made? Ms. Otto—That is my opinion. The value and marketability of this property were based on the existence of that retention area which was installed in 2005. If it was a Corps of Engineers recognized marsh land or fresh water spring or something similar would fall into the category of what, to me,is a topographical feature. For a detention area to be in that same category, that was its function based on development not on natural features of that land, it does not qualify in my opinion. Mr. Bishop—The LDC does not define topographic as having to be natural. Ms. Otto—It does not. Mr. Bishop—That detention pond is a physical condition that is particularly unique to that property. 4 201403136CityCouncilPacket Page 56 of 130 20140307/jrl Ms. Otto—It is. Mr. Bishop—In line with the wording of the LDC. Ms. Otto—It could be interpreted that way,yes. Mr.Parks—We have established that a very reasonable house could be developed there within the LDC requirements if it is considered a topographical,right? Ms. Otto—I agree with that statement. The square footage of a home based on this little bit of variance that is requested is not substantial;it is not habitable area except on the third floor. Ms.Johnson—It would be on the third floor. Ms. Otto—It's not that big of a protrusion that if it were not granted that they couldn't build a home that is livable based on the available square footage given the footprint that is allowed by the setbacks and that retention area. Ms. Johnson—From a Shah Architecture standpoint, it is a design aesthetic that helps the overall massing of the design project. Mr. Bishop—It is noted that the LDC does not define unique physical circumstances or exceptional topography anywhere; it's just used in that particular portion. This lot was bought subject to the existence of the drainage pond by the current owners in 2011,correct? Ms. Otto—I'm unsure of the date they purchased the property. I had many inquiries about the possible development of the lot when it was on the market and all potential buyers understood that the detention area was in a platted easement which needed to remain and the setbacks for the zone were identified and the footprint could be determined by that means. Mr. Bishop—So the purchasers would have known that setback and that detention pond would directly affect the footprint of any residence being built at any future date? Ms. Otto—Any potential buyer that chose to do due diligence on the property,yes. Mr. Parks—Other questions for the applicant? [There were none.] Mr. Parks Is there anybody from the public that would like to speak? [There were none.] At this time I would like to close this hearing. Do I have a motion for discussion? Mr. McNaughton—I make a motion to approve. Mr. Bishop—Second. Mr. Parks—Those in favor of a motion to approve,please signify. McNaughton and Bishop voted to approve. Bramble, Callahan, and Marion voted to deny. Do I have another motion? Mr.Marion—I make a motion to deny. There are options on the table. As the representative for the applicant said, this is design aesthetics; there is no hardship where the applicant is going to suffer. Ms. Bramble—Second. Mr. Parks—All those in favor of denial of the variance request as presented,please signify. Bramble, Callahan, and Marion voted in favor to deny. McNaughton and Bishop voted against the motion. 5 201403136CityCouncilPacket Page 57 of 130 20140307/jrl Ms. Otto—This will be considered at the March 14`h Council meeting. City Council Minutes 03/14/2013 5 Tenth Place, PIN 4-0006-18-018; Zone R-2; Reshma Shah Johnson, petitioner. Ms. Otto approached mayor and council stating that this is a vacant lot zoned R-2 and the proposal is to build a single family on the property. She further explained that in the rear of the property is a drainage feature which takes a large portion of the rear yard.This drainage area was installed in 2005 as part of the subdivision of other lots in the area. Ms. Otto stated that the proposal before mayor and council tonight is to have a home that would be three bays wide.The front setback would be encroached by 3' on the center bay only as well as the second and third floors. She then presented drawings which were shown on the screen for mayor and council.The first picture showed the ground level which would meet the 20' front setback and the second drawing showed the 3'x17' protrusion into the front setback which is the case on the third floor. Ms. Otto stated that this was heard by the Planning Commission and the vote was 3-2 to deny the requested variance. Mr. Brown asked Ms. Otto to confirm that this lot has the detention pond in the rear. She stated that in 2005 as part of the subdivision of these particular lots, the infrastructure that was installed resulted in the rear of this particular property having the detention area. Mayor Buelterman stated that this would not be an issue with fire truck access as fire equipment does not use these short lanes. Ms. Otto stated that she did not speak with Chief Sasser regarding this particular property. She further explained that on other occasions she did speak with him regarding these short dead end lanes. Chief Sasser indicated that fire equipment does not travel on these lanes as the equipment stays on the main street using hoses to reach the fire. Mayor Buelterman then asked Ms. Otto what is the hardship regarding this property. Ms. Otto stated that the architect, Ms.Johnson is present and would be better able to respond. Mr. Garbett also asked what hardship is relating to this request. He feels the architect should move the footprint of the proposed residence back 3' which would not require a variance. Ms. Johnson and her partner Michael Johnson approached mayor and council. She stated they have been working with the owner to create a reasonably sized vacation home and wanted to keep with the neighbors and neighborhood. What they are proposing is extra overhang with the proposed residence. Ms. Johnson stated that the proposed overhang is well over the 10' above the grade of the street which meets emergency vehicle clearance.They are trying to be compatible with the neighborhood, get closer to the square footage of the neighborhood and be more equal in property values of the neighbors. Mr. Garbett asked Mr. Johnson why they don't make the residence fit in the footprint of the lot as he does not feel this is a hardship. Mr.Johnson explained that the 20' setback is determined by mayor and council and is the zoning ordinance of the rights of way and they are not impeding with the traffic. They could design the property to be within the footprint but do not feel it would be compatible with the neighborhood. Mr. Brown asked Mr. Hughes to confirm if there was an easement in the front of the property. Mr. Hughes stated the private drive could be considered an easement. Ms. Otto read from the site plan stating there is a 20' private drive access and utility easement which is common to the center of the road, which is an additional 20' easement for the owners on the opposite side of the road. Mr. Hughes then stated that the easement is the setback. Bill Garbett made a motion to deny. Paul Wolff seconded. Voting in favor were Bill Garbett and Paul Wolff. Voting against were Tom Groover, Jan Fox, Wanda Doyle, and Barry Brown. Motion failed 2-4. Tom Groover made a motion to approve. Wanda Doyle seconded.Voting in favor were Tom Groover,Jan Fox, Wanda Doyle and Barry Brown.Voting against were Paul Wolff and Bill Garbett. Motion carried 4-2. 6 201403136CityCouncilPacket Page 58 of 130 20140307/jrl PC & CC Minutes related to adoption of Section 9-050(C), Two Means of Egress Planning Commission Minutes 09/21/2010 Vice Chair John Major opened a Public Hearing for a Text Amendment to Land Development Code Article 9, Building Regulations. Jonathan Lynn said that it was a Staff request and he commented on some of the proposed revisions. Randi Bryan commented on Section 9-030(B) regarding a permit for removal of a living, dead, or damaged tree. Lynn said that Joe Wilson, Public Works Directors, signs off on dead trees. Bryan asked about the permit fee. Lynn said that it was $15 if the tree is dead. Major asked if they approved this were they de facto approving the new fee schedule. Lynn and Major discussed. Referring to Section 9-030(A), Major asked about the word "all" as used in the sentence, "...all interior and exterior property alterations and all interior and exterior property repairs." He and Lynn discussed. Rob Callahan suggested that a definition of"alteration" consist of reconfigurations or additions. He said that "repair" would be defined as replacement of a failed or failing system. He said that there was also the category of "maintenance" which was not spelled out in Section 9-030(A). Callahan, Major, and Lynn discussed. Demery Bishop asked how the City defined "alterations." Lynn's reply suggested that if it was not in the definitions (Article 2) it would need to be added. Bishop recommended that "repair" also be added. Lynn, Bishop, Callahan, and Major discussed. Callahan said that parking was a problem. He suggested adding to Section 9-030(C), "Owners of property while under construction shall ensure there is sufficient space on their property for all construction vehicles, materials, or other related items so as not to unduly interfere with adjacent property owners access or parking on their property." After discussion, Major recommended that Lynn make Callahan's comment available to Council. Callahan's suggestion was discussed. Marianne Bramble asked where removal of debris was addressed. Lynn and Bramble discussed. Major asked if there were any other comments. He closed the Public Hearing and asked for a motion. Callahan asked if it should go forward as other sections have gone forward to City Council with comments attached. Major asked if there was an emergency. Lynn said there was a little bit of an emergency. After discussion, Callahan moved to send Article 9 forward to City Council as marked up and with comments attached. Bramble seconded that they send a clean copy and all of the other marked up copies. Callahan concurred with the amendment. The vote in favor was unanimous. The motion to approve passed with a 5-0 vote. The Text Amendment would be heard by City Council on October 14. City Council Minutes 10/14/2010 2. Text Amendment, Land Development Code, Article 9 in its entirety. Mr. Lynn said this request is from staff. This article deals with building regulations because while reviewing the code they discovered some serious discrepancies that need to be corrected as quickly as possible. He said they do not have code enforcement in their department any longer and wanted to change the ordinance to reflect that. He said it will reference the building official where the City Marshal used to handle those issues. Mr. Lynn said this ordinance is also where we address the two means of egress under 9-050(c). Mayor Buelterman asked if this change would increase the number of people applying for variances to create the second egress point. Mr. Lynn said it shouldn't because they cannot retroactively make people do that. If they want it 1 201403136CityCouncilPacket Page 59 of 130 20140307/jrl done they have to do it on their own. He said the possibility is always there. Mr. Lynn said we added the life safety and hurricane resistance residential construction code, being we are in the highest velocity wind zone that you can possibly be in. Mr. Wolff said in section 9-030 it says a permit must be secured for all new construction, all interior and exterior alterations and all interior and exterior property repairs which could be interpreted to mean if you want to change a light bulb or paint a room you have to have a permit. He said he doesn't think that is the intent. Mr, Lynn said normally the only thing they tell people they don't need a permit for is painting. He said if you're changing out a light bulb we understand but if you're changing out a toilet, you might have to redo piping or other access points and we would like to know about that. Mr. Wolff said he understands and would like to add: with the verbal approval from the community development department. He said Mr. Lynn's explanation made more sense but he would be violating the code if he gave authorization without a permit. Mr. Hughes said he would work on the verbiage for the 2nd reading. Ms. Williams asked if they could add something referencing cosmetic improvements such as painting, carpet,tile, etc. Ms. Doyle said she has had several people tell her they had to get a permit to remove and install new carpet. Mr. Lynn said a lot of old residences on Tybee have wooden floors and when you pull the old carpet up to access the wood floor there could be damage and you have to start replacing them and could actually interfere with the floor joist; which is where the permit comes in to make sure the floor joist are in tack when you are redoing the floor. He said it isn't for the carpet itself but what it affects. Ms. Doyle said what if I had a new home and wanted to pull up the carpet,would I need a permit?Mr. Lynn said yes. Ms. Doyle said after the last election, council was standing out in front of city hall waving and someone drove by in a pickup truck and said I voted for you but I had to get a permit to put carpet in my house. She said she has problems with that. Ms. Doyle said she had a citizen come up to her this week and tell her he was putting a wooden flower bed in on Jones in front of his house and was approached by the building inspector and was told he had to have a permit to put the flowerbed around the tree. Mr. Lynn said if he was installing a garden pathway of brick pavers he would need a permit. If the work is valued at under $500 the permit is free. Mr. Frank Schuman said he agreed with Ms. Doyle and said sometimes he thinks we are permit happy. He said if you want to do something to your house and you're not messing with the structure, he doesn't see the need to get a permit to replace the carpet in your house or put a flowerbed around your tree or any kind of landscaping around your house. He feels sometimes we go overboard on the permit thing. Mayor Buelterman asked what article permit requirements would be in. Mr. Lynn said article 5. Ms. Doyle asked what article the permit costs are in. Mr. Hughes said article 9. He said we adopted a fee schedule a while back. Mr. Lynn said we were using another fee code when he came to work here and so the old fee schedule presently contained in the code is non applicable. He said that is one of the main reasons for changing the code. Mr. Hughes said code revisions have been going on a long time and we are trying to catch up with the practice. Ms. Williams said we can't negate the value of having certain improvements regulated because its not only for the safety of the property owner but it is for the adjacent neighbors as well. Mr. Wolff said his only concern over this article is adding exclusion for cosmetic repairs to include but not limited to carpet, etc. Ms. Sessions said she can remember back in 1999 there were committees reviewing these ordinances because this is a living document and will always be changing. She said understanding the intent of the changes would be helpful. Mr. Lynn said he can address article 9 real quickly; it is outdated; codes are listed that we don't 2 201403136CityCouncilPacket Page 60 of 130 20140307/jrl enforce and there are codes mandated by the state that are not listed in here and it has wrong personnel listed in the wrong department. City Council Minutes 10/28/2010 a) 2nd Reading Land Development Code,Article 9 in its entirety. A Motion by Bill Garbett to approve was seconded by Paul Wolff. Ms. Doyle asked why you have to have a permit to remove a dead tree. Mr. Lynn said the amount covers staff time to verify the tree is dead before removal. Ms.Williams said she thinks the reason it's important to have the fee is because in the ordinance you can imagine how many trees would conveniently die if there was no charge. The permit fee helps protect the integrity of our tree ordinance. The vote was Garbett,Wolff, Williams and Sessions voting in favor and Doyle and Schuman opposed. 3 201403136CityCouncilPacket Page 61 of 130 20140307/jrl °'' i t . • 1; .., • { \ vrr � .' *l 1 - -- ---=--_-.-7--7-----=-- \NA 5 I villi'' ,,,,,feprplp4 tI 1 ti - ..t -_ '"l Yet S - - - 20140307/ 201403136CityCouncilPacket Page 62 20140307/y1 4 i / ry _a�yrw II ii to ,-'-,- '; . iI 6y . • , , o ' 11 .. CIE 1E' � i:':''' '• II 1111111111116- ".:44. , art r j f3?`. sip: s . f }- i . 4iiiiiuiii4iiii . ;1I' E.t .. ett :j'- . - • /_, sl -., �"— . ,: .- • ` rS ; l .. 1_ -. bra � A,-.- '' L.f. ..* _ �,,, . . `i'ti_ 02 . 11 2013 09 23 ,mss 201403136CityCouncilPacket Page 63 of 130 20140307/jrl t f„,- 'l f II y -- IA Sir. , —°-- — —._- - — r — • # p 1 £ S�/q r 1. VACATION PiNSR! - i - q■p •ar a,._ 201403136CityCouncilPacket Page 64 of 130 20140307/jrl Printing: Layout Page Page 1 of iF.-...,\///./ SAGIS Savannah Area GIS Savannah Area Geographic Informalion System ,14:111*, --. --.,... --74-- ii5111, --Abin_ ,,67-1, . __..... — 4, -2. x 13t a I,. 1.. s ca � .,,,,kt,fiat - ,, ' _ire s _ ,„1 � emu y• �y}.5. 1r- i t .*'' ' _ v ,, r ._Ili,: - .�= r Owner: LEVY HOWARD&FAITH* PIN: 4-0006-18-018 Property Address: 10TH PL Zoning: R-2 Flood 7one: AE Aldermanic Code: Unincorporated Chatham County 4 Commissioner Code: Patrick K. Farrell Phone:912-355-6699 Voting Precinct: 4-11C Elementary School: HOWARD ELEMENTARY Middle School: COASTAL High School: Islands Zip Code: 30306 Neighborhood Code: 20213 Calculated Acreage: 0.1087646 Land Value: 189100 Building Value: Real-estate Value: 189100 Sale Price: 192000 Sale Month: 07 Sale Day: 22 Sale Year: 2011 Legal Description: LOT A SUB OF THE E PT OF LOT 6 Property Card: Click Here Powered by Binarybus 201403136CityCouncilPacket Page 65 of 130 20140307/jrl http://www.sagis.org/app/NET/print.aspx 2/10/20 1 C5 44 ,y„04,2Eo6t 5 - ! 97,Fb — — - - — ,zZ gE — 1 W a W! 815HZi -F z- z E I W q 3 c 64 a I i A z Z a 4 m -1 12 i r-i % E ' C� _ a, 0.1 Oa U ® r I $ U 0- p1I p I Hi � � E■ n I a I ° w a I I I ,;, •NN.OZ 11 I I N ° I m l u c J i > x X9'2 Sb m _3, m 7 .t `.' �.Ig�i C '�i3i�E�._ [, _ x� \—. _ c d * �4 z -- I 1a 9H0'IV adfd..et N a Y 2 3 54` r , `09'dL a„22.60°6T N F ', 2 O 1 N Y r �..r-t-ro a 4� I ilI � .. 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A 4 m.0 ' ' — c7J 11.1— 'el" 1 0 tr- 1 re .L GI 1--i 6 bL 0 t a ,0 • ® _) ,, .y N t"z:::-,t',..- OWE g I; y r g 5 ! ,,6 S ..,;=,,,,',,, j < z 1 K % 9 _r,, .7, 3 ] n?. s > z LL.9 o r.5 u F - � cis / \ lay Bz u O — t ° 4 ` o r z < d � 1 = 'C Il O C U Q 0 0 z s` s T, i V y n 3 F G LL g 9 2 F g ? 3 o ICI • e /4\ I; — ._ i s. d55 1 E \/' Ss s 4 o 2 § m a . 5 .1 d �s i '•i u r Y A 0 w a a c 'o a ? � g. m 1 1 201403136CityCouncilPacket Page 70 of 130 20140307/jrl MAYOR CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Edward M.Hughes Garbett g Monty Parks g6b4t ioRC> �4' 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: March 13, 2014 Item: Public Hearing—First Reading Explanation: Text Amendment—Ordinance 06-2014; Section 14-030 & 14-050, Historic Preservation; City of Tybee Island,petitioner; consideration of amendment to historic preservation requirements Budget Line Item Number (if applicable): N/A Paper Work: -4 Attached* 4 Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912) 472-5031 / dotto@cityoftybee.org Comments: Date given to Clerk of Council: March 6, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified* (866) 786-4573—FAX (866) 786-5737 } City of ik Ethics www.cityoftybee.org � ter, 201403136CityCouncilPacket Page 71 of 130 20�4G3i 7/jrl A4' 446 • tih 1� PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: February 18, 2014 Project Name/Description: Sections 14-030 & 14-050 Historic Preservation 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 Second Borkowski X Bramble X Livingston X Ma•or X Motion to a.•rove Marion Chair McNaughton X The Planning Commission recommends: Approval ❑ Denial ❑ Continued Planning Commission • � Date: ' ' Planning & Zoning Manager: RP Date: CZ_ (q -P4- Page 72 of 130 20140307/jrl ORDINANCE NO. D(— 2 0114 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO SECTION 14 REGARDING HISTORIC PRESERVATION 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 the Code of Ordinances for the City of Tybee Island to pertaining to historic preservation; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island: SECTION 1 Section 14 of the Land Development Code shall be amended and read as follows: To add subsection 13)to Sec. 14-030(D)as follows: To employ persons, if necessary, to carry out the responsibilities of the Commission, but only after first receiving approval by the Tybee lsland City Council To add subsection(P)to Sec. 14-050 as follows: Sec. 14-050(P) F. Acr uisition of Property. The Commission may, where such action is authorized by the Tybee Island City Council and is reasonably necessary or appropriate for the .reservation of a unio ue historic Iro.ert enter into ne'otiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the property or any interest therein. 201403136CityCouncilPacket Page 73 of 130 20140307/jrl ORDINANCE NO. 06-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO SECTIONS 14-030D AND 14-050 REGARDING HISTORIC PRESERVATION 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 14-030D to add a number 13 and to amend Section 14-050 to add a subsection P to the Code of Ordinances for the City of Tybee Island pertaining to historic preservation; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Sections 14-030 and 14-050 shall be amended. SECTION 1 Sections 14-030D and 14-050 will be amended so as to add number 13 and subparagraph P respectively and will hereafter read as follows: Sec 14-030. Creation of a historic preservation commission. D. Powers.The commission shall be authorized to: 13. 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. Sec. 14-050.Application to preservation commission for certificate of appropriateness. P. Acquisition of Property. 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 201403136CityCouncilPacket Page 74 of 130 20140307/jrl historic property, enter into negotiations with the owner for the acquisition by gift,purchase, exchange,or otherwise, to the property or any interest therein. 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. S_ECTION 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 intent. 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 201403136CityCouncilPacket Page 75 of 130 20140307/jrl FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2013/43-2013 EMHITybee/Ordinances/2014/06-2014 Secs 14-030D, 14-050 historic preservation 12.26.13 201403136CityCouncilPacket Page 76 of 130 20140307/jrl MAYOR a CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tem Janet LeViner Barry Brown i Rob Callahan CITY ATTORNEY Bill Garbett .ir ` , . Edward M.Hughes Monty Parks 40044 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: March 13, 2014 Item: Public Hearing—First Reading Explanation: Text Amendment—Ordinance 13A-2014; Section 3-080, Off-street Parking Requirements; City of Tybee Island, petitioner; consideration of amendment to residential driveway requirements 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: March 6, 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 -2 � 201403136CityCouncilPacket Page 77 of 130 2�4V307/jrl ( -, �/ PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: February 18, 2014 Project Name/Description: Sections 3-080 — Off-street Parking Requirements 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 Bramble X Motion to approve w ith changes Livingston X Major X Second Marion Chair McNaughton X The Planning Commission recommen . ® Appro'val ❑ Denial ❑ Continued Planning Commission Chair: Date: Z ` i4 — 1 ` - r Planning & Zoning Manager: IP __, . %pi InI Date: -4 5 -- 14 201403136CityCouncilPacket Page 78 of 130 20140307/jrl PROPOSED ORDINANCE - REDLINE Sec. 3-080. Off-street parking requirements. (C)(5) For water quality purposes, all newly constructed driveways and replacements of more than 50 percent of existing driveways serving residential uses shall be constructed of materials designed to allow retention of the first one-inch of stormwater. A new driveway includes the initial placement of any material on bare soil. Such new driveways and replacements of more than 50% of an existing driveway are subject to permitting and inspection(s). A permit and inspection(s) are also required for repair of less than 50% of an improved driveway. The retention requirement is based on a 24-hour, 25-year Type III SCS storm. A permit is required for installation of a new or replacement driveway. An inspection is required of each layer prior to the next layer being installed. The permit applicant shall be responsible for all engineering fees incurred by the city for review of materials, even when a material is not approved. Acceptable materials include: a. Stone must be either AASHTO #57, #67, #78, or #89 open-graded with no fines, or pea gravel with no fines, or a combination of two or more. Graded aggregate base (also known as "crusher run" or "crush and run") is not allowed. b. Standard brick pavers are 4-inch by 8-inch with minimum 5/64-inch average continuous joints/borders with eight 1/8-inch wide spacers per paver filled with masonry sand. See item (c) for base and header requirements. If larger bricks are used, thereby creating less linear joint and surface area joint, calculations by a Georgia licensed design professional must be reviewed and approved by the city. See engineering fee information in paragraph 1. c. Permeable interlocking concrete pavers (PICP) are solid structural units installed with openings as described in the Coastal Stormwater Supplement (CSS) through which stormwater runoff can rapidly pass into the underlying reservoir of a 4-inch minimum depth open-graded stone, no fines. Openings may be filled only with pea gravel or larger stone, or with masonry sand. A concrete header curb or paver/concrete block ribbon with a maximum width of 8-inches (flush or 1/8-inch higher than the contained permeable pavement) must be installed around the perimeter of the pavers. Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not serve as a perimeter. Headers and ribbons are included in the driveway measurements. d. Ribbon driveway designs are normally constructed of concrete but other materials may be considered. The ribbons are to be a maximum of 18-inches wide with a 1%-2% cross slope to route runoff to adjacent im pervious areas rather than down the strips to the street. The area between the strips may be either grass or stone as described in item (a). The area between the drive strips is to be flush or 1/8-inch below the driving strip to encourage the percolation of stormwater runoff between the driving strips. e. Concrete grid pavers (CGP) are precast concrete units that allow rainfall and stormwater runoff to pass through large openings that are filled with pea gravel, sand or topsoil and turf. A concrete header curb or brick/concrete block ribbon with a maximum width of 12-inches (flush or 1/8-inch higher than the contained permeable pavement) must be installed around the perimeter of the permeable pavement. Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not serve as a perimeter. Header and ribbons are included in the driveway measurements. f. Plastic grid pavers (PGP) consist of flexible, interlocking plastic units that allow rainfall and stormwater runoff to pass through large openings that are filled with gravel, sand or topsoil and turf. A header curb is required and is included in the driveway measurement. g. Pervious concrete (also known as porous concrete) is similar to conventional concrete in structure and form, but consists of a special open-graded surface course, typically 4- to 8-inches thick, that is bound together with portland cement. h. Porous asphalt is similar to pervious concrete, and consists of a special open-graded surface course bound together by asphalt cement. For all other proposed materials, calculations are required from a Georgia licensed design professional demonstrating compliance with the retention requirement of this ordinance. 03/03/2014 201403136CityCouncilPacket Page 79 of 130 20140307/jrl ORDINANCE NO. 13A-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SECTION 3-080(C)(5) REGARDING OFF-STREET PARKING REQUIREMENTS 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 Section 3-080(C)(5), Off-street parking requirements, so as to clarify its terms; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 3-080(C)(5) of the Code of Ordinances of the City of Tybee Island shall be amended. SECTION 1 Section 3-080(C)(5), shall be amended so that hereafter it will read as follows: Sec. 3-080. - Off-street parking requirements. (C)Control of access to structures used for residential purposes including but not limited to single family, duplex, triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums whether owner occupied or held for rental. In order to promote the safety of motorists and pedestrians, the following regulations shall apply to all newly constructed driveways: (5) For water quality purposes, all newly constructed driveways and replacements of more than 50 percent of existing driveways serving residential uses shall be constructed of materials designed to allow retention of the first one-inch of stormwater. A new driveway includes the initial placement of any material on bare soil. Such new driveways and replacements of more than 50% of an existing driveway are subject to permitting and inspection(s). A permit and inspection(s) are also required for repair of less than 50% of an improved driveway. The retention requirement is based on a 24-hour, 25-year Tybee Ill SCS storm. A permit is required for installation of a new or replacement driveway. An inspection is required of each layer prior to the next layer being installed. The permit applicant shall be responsible for all engineering fees incurred by the city for review of materials, even when a material is not approved. Acceptable materials include: 201403136CityCouncilPacket Page 80 of 130 20140307/jrl a. Stone must be either AASHTO #57, #67, #78, or #89 open graded with no fines, or pea gravel with no fines, or a combination of two or more. Graded aggregate base (also known as "crusher run" or"crush and run") is not allowed. b. Standard brick pavers are 4-inch by 8-inch with minimum 5/64-inch average continuous joints/borders with eight 1/8-inch wide spacers per paver filled with masonry sand. See item (c) for base and header requirements. If larger bricks are used, thereby creating less linear joint and surface area joint, calculations by a Georgia licensed design professional must be reviewed and approved by the city. See engineering fee information in paragraph 1. c. Permeable interlocking concrete pavers (PICP) are solid structural units installed with openings as described in the Coastal Stormwater Supplement (CSS) through which stormwater runoff can rapidly pass into the underlying reservoir of a 4-inch minimum depth open-graded stone, no fines. Openings may be filled only with pea gravel or larger stone, or with masonry sand. A concrete header curb or paver/concrete block ribbon with a maximum width of 8-inches (flush or 1/8-inch higher than the contained permeable pavement) must be installed around the perimeter of the pavers. Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not serve as a perimeter. Headers and ribbons are included in the driveway measurements. d. Ribbon driveway designs are normally constructed of concrete but other materials may be considered. The ribbons are to be a maximum of 18-inches wide with a 1%-2% cross slope to route runoff to adjacent pervious areas rather than down the strips to the street. The area between the strips may be either grass or stone as described in item (a). The area between the drive strips is to be flush or 1/8-inch below the driving strip to encourage the percolation of stormwater runoff between the driving strips. e. Concrete grid pavers (CGP) are precast concrete units that allow rainfall and stormwater runoff to pass through large openings that are filled with pea gravel, sand or topsoil and turf. A concrete header curb or brick/concrete block ribbon with a maximum width of 12-inches (flush or 1/8-inch higher than the contained permeable pavement) must be installed around the perimeter of the permeable pavement. Building foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not serve as a perimeter. Header and ribbons are included in the driveway measurements. f. Plastic grid pavers (PGP) consist of flexible, interlocking plastic units that allow rainfall and stormwater runoff to pass through large openings that are filled with gravel, sand or topsoil and turf. A header curb is required and is included in the driveway measurement. g. Pervious concrete (also known as porous concrete) is similar to conventional concrete in structure and form, but consists of a special open-graded surface course, typically 4-to 8-inches thick, that is bound together with portland cement. h. Porous asphalt is similar to pervious concrete, and consists of a special open- graded surface course bound together by asphalt cement. For all other proposed materials, calculations are required from a Georgia licensed design professional demonstrating compliance with the retention requirement of this ordinance. 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 201403136CityCouncilPacket Page 81 of 130 20140307/jrl illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/13A-2014 Sec 3-08005 driveways 03.04.14 201403136CityCouncilPacket Page 82 of 130 20140307/jrl This Ordinance shall become effective on day of , 2013. ADOPTED THIS DAY OF , 2013. MAYOR A1°1'EST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMH/Tybee/Ordinances/2012/240-2012-Sec.3-080,off-street parking requirements—10.31.12 Rev 11.01.12 24C-1-2012 rev as per council mtg 12.05.12 04-2013/Sec 3-080,off street parking requirements—01.02.13 04A-2013/Sec.3-080,off street parking requirements---02.06.13----redlined 04B-2013/Sec 3-080(C)(5)-09.04.13 -clean 13-2014 Sec 3-080 off-street parking 01.13.14 201403136CityCouncilPacket Page 83 of 130 20140307/jrl GUIDE TO PERMEABLE PAVEMENT ON TYBEE ISLAND The Georgia Coastal Storm water Supplement (GCSS) provides information on common types of permeable pavements. The City of Tybee Island adopted the GCSS on April 12, 2012. Section 7 of the GCSS is located at http://www.gaepd.org/Files PDF/techguide/wpb/CoastalStormwater/Section 7 Georgia Coastal Stormwater Supple ment 2009.pdf. The entire manual is at http://www.gaepd.org/Documents/CoastalStormwaterSupplement.html. A description of permeable pavement in paragraph 7.8.4, Permeable Pavements, reads: "Permeable pavements represent an alternative to traditional impervious paving surfaces. They typically consist of an underlying drainage layer and an overlying permeable surface layer. A permeable pavement system allows stormwater runoff to pass through the surface course (i.e. pavement surface) into an underlying stone reservoir, where it is temporarily stored and allowed to infiltrate into the surrounding soils or conveyed back into the storm drain system through an underdrain (see Figure 7.28). This allows permeable pavement systems to provide measurable reductions in post-construction stormwater runoff rates, volumes and pollutant loads on development sites." Five types of permeable pavement the GCSS recommends and Tybee Island supports are briefly described below. Figure 7.29 of the GCSS provides photos of each of these except porous asphalt. 1. Pervious Concrete (also known as i,m porous concrete) is similar to - . conventional concrete in structure - - _ .,,,. -. k�+ "'"' -s—;: and form, but consists of a special - '� '' .....74,-....-7,1.,..-, open-graded surface course, typically logo' ♦ ��+�.. >.,}•,;,� 4- to 8-inches thick, that is bound `` r + +>�o��' together with portland cement. '°+r'.���°'� °°�'►+ #476 �. 2. Porous Asphalt is similar to pervious - _r •' a'► ... - concrete, and consists of a special Pervious Concrete Concrete Grid Pagers open-graded surface course bound WW1 I together by asphalt cement. (There are no known uses of porous asphalt - _ .�vr within the City of Tybee Island.) - _ '-�,.} - - " * .- -."- - 3. Permeable interlocking Concrete -- Pavers (PICP) are solid structural units (e.g. blocks, bricks) that are installed in a way that provides , ,,,. ,.:_,_, regularly spaced openings through Permeable Interlocking Concrete Pavers Plastic Grid Pavers which storm water runoff can rapidly pass through the pavement surface Figure 719:Various Permeable Pavement Surfaces and into the underlying stone reservoir(Figure 7.28). '', if L,11''' Surface t' 4. Concrete Grid Pavers (CGP) are precast concrete units that allow rainfall and ir _ f lk i storm water runoff to pass through large openings that are filled with gravel, sand or , i i topsoil and turf. See GCSS Figure 7.28. A concrete header curb or brick/concrete 4' `;:%.A11•_ .'-a' ' .. block ribbon with a maximum width of 12-inches (flush or 1/8-inch higher than the _1,-1-.- ` . , = " , > contained permeable pavement) must be installed around the perimeter of the ; - s'�'-Z w permeable pavement. Building foundations and garage floors may serve as a portion Base v', •, of the perimeter.The edge of a paved road may not serve as a perimeter. ". • s. - ' C A Underdrain f 5. Plastic Grid Pavers (PGP) are similar to CGP. They consist of flexible, interlocking t. plastic units that allow rainfall and stormwater runoff to pass through large --- -44' '-,7. -. Subbase ;k. --. openings that are filled with gravel, sand or topsoil and turf. A header curb is - ---_- GCSS Figure 7.28:Components of a requizu 03136CityCouncilPacket Page 84 of 130 Permeable 2f4uleifitafilUstem An Additional Option A. Ribbon Driveway designs have been used successfully on Tybee Island. These are normally constructed of concrete but other ,',,'• '! materials can be considered. The ribbons are to be a maximum of = . 18-inches wide with a 1%-2% cross slope to route runoff to _ . adjacent impervious areas rather than down the strips to the street. The area between the strips may be either grass or stone. In such installations the stone must be #57 or #89 with no fines. Limestone (Bahama White Rock or native stone) may be used as impact from vehicles is not anticipated. The area between the drive strips should be flush or 1/8-inch below the driving strip to encourage the percolation of stormwater runoff between the - driving strips. http://www.a pa rtmenttherapy.com/oldfash Toned-ri-119857 Driveway installations require a permit. Should you or your designer have any questions regarding permeable pavements, please contact the Planning and Zoning Department at (912) 472-5030. Sec. 3-080. -Off-street parking requirements. (C) Control of access to structures used for residential purposes including but not limited to single family, duplex, triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums whether owner occupied or held for rental. In order to promote the safety of motorists and pedestrians, the following regulations shall apply to all newly constructed driveways: (1) A driveway opening which connects a lot with a public street shall not be greater than 25 feet in width at the property line. Driveways that serve duplex lots shall not have a width greater than 15 feet per unit measured at the property line. This section is not intended to prevent the installation of flared driveway ends. These flared ends, when constructed in accordance with adopted standards and specifications, shall not count towards the width of the driveway. (2) There shall be no more than two driveway openings on any lot of any width. The total of the widths at the property line of two driveway openings shall not be greater than 25 feet. (3) No driveway opening shall be constructed within 25 feet of an intersection, measuring from the nearest improved portion of the right-of-way. However, in any instance where there is not adequate space available and other access is not feasible, staff may permit a reduction in the distance to an intersection from a driveway in order to permit safe access to the property provided the speed limit on abutting or adjacent roads is 30 miles per hour or less. (4) No curb on any city street or right-of-way shall be cut or otherwise altered without prior written approval of the designated city official. (5) All newly constructed and replacements of more than 50 percent of existing driveways serving residential uses shall be constructed of materials designed to allow retention of the first one-inch of stormwater. 10/30/2013 201403136CityCouncilPacket Page 85 of 130 20140307/jrl MAYOR CITY MANAGER Jason Buelterman 414 Diane Schleicher CITY COUNCIL 3' CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett it, 4• Edward M.Hughes Monty Parks °�s Paul Wolff /ED ocros 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: March 13, 2014 Item: Public Hearing First Reading Explanation: Text and Map Amendments—Ordinance 19-2014, Section 4-020, District Boundaries; Ordinance 21-2014, Section 13-016, Adoption of Map; Zoning Map; City of Tybee Island, petitioner; consideration of zoning map and related ordinances 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: March 6, 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�11�� ��A1-- 201403136CityCouncilPacket Page 86 of 130 20 r4Sf 7irl ( , , Vi ) 410,,E PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: February 18, 2014 Action Requested: Map and Text Amendments Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map X 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 Motion to approve Borkowski X Second Bramble X Livingston X Major X Marion _ Chair McNaughton X The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued Planning Commission''Chair: Date: 7, - t 41. - t 1-..---- . ti 4 Planning & Zoning Manager. ` .P" Date: 2 - ( q - (4 201403136CityCouncilPacket Page 87 of 130 20140307/jrl ORDINANCE NO. 19-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES REGARDING SECTION 4-020,DISTRICT BOUNDARIES, 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 Section 4-020, District Boundaries; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 4-020, District Boundaries, of the Code of Ordinances of the City of Tybee Island shall be amended for purposes of clarification. SECTION 1 Section 4-020, District Boundaries,will be amended to hereafter read as follows: Sec.4-020. District boundaries. The location of boundaries and zoning districts shall be shown on a map entitled "Tybee Island Zoning Map" dated April 22, 1999, as amended and readopted on December 10, 1999, and as amended and readopted on ,2014,and said map may be amended subsequent to the adoption thereof; and said map is made part of this Land Development Code and a second original of such map shall be attached to the minutes of the meetings for the first and second readings of this Land Development Code and said map is hereby incorporated herein to the same extent as if the information set forth on said map was fully described and stated herein.Amendments to the zoning map shall be reflected on the "Tybee Island Zoning Map of the City of Tybee Island"when they become effective and said map shall be on file in the office of the clerk of council of the City of Tybee Island, Georgia. This section repeals the prior zoning map and substitutes the map dated , 2014, in its stead. 201403136CityCouncilPacket Page 88 of 130 20140307/jrl Tvbee Island Zoning Map block The Tybee Island Zoning Map was adopted following public hearings the day of 2014. This map incorporates the map originally adopted April 22, 1999, and readopted on December 10, 1999,as amended. Mayor: City Clerk: 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. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. 201403136CityCouncilPacket Page 89 of 130 20140307/jrl ADOPTED THIS DAY OF ,2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/19-2014 Sec 4-020,District boundaries—clean—01.31.14 201403136CityCouncilPacket Page 90 of 130 20140307/jrl ORDINANCE NO. 21-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING ARTICLE 13, SECTION 13-016, ZONING MAP, 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 is in the process of adopting a new zoning map so as to more accurately reflect the applicable zoning districts and the zoning of the various properties contained in each district; and WHEREAS, the governing authority is in the process of amending Section 4-020, District Boundaries, which incorporates the new zoning map; and WHEREAS, the governing authority has previously amended Article 13 on numerous occasions so as to reflect zoning amendments to the map by way of a text description thereof; however, no properties at the current time are being rezoned and, in order to make the purpose of the new map clear, this amendment to Article 13 is appropriate; WHEREAS, an ordinance to amend the Code of Ordinances, specifically Article 13, so as to create a new section thereof concerning the text amendment with the adoption of the new zoning ordinance; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Article 13 of the Code of Ordinances of the City of Tybee Island shall be amended for purposes of creating a new section identified as Section 13-016. SECTION 1 Section 13-016 will be added and will read as follows: 201403136CityCouncilPacket Page 91 of 130 20140307/jrl Sec. 13-016. Adoption of map of the_day of , 2014. The zoning amendments identified in Secs. 13-001 through 13-015 were adopted in reference to the official map of the City dated April 22, 1999, as amended and readopted on December 10, 1999. In conformity with the adoption of a new zoning map incorporating all of such amendments on the day of , 2014, this ordinance and Sec. 4-020 are to clarify and confirm the adoption of the new map and that amendments to the map hereafter will be reflected in subsequent texts and on the map of the day of 2014. 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. 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. 201403136CityCouncilPacket Page 92 of 130 20140307/jrl MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: EMHITybee/Ordinances/2014/21-2014-Sec.5-016 zoning map 201403136CityCouncilPacket Page 93 of 130 20140307/jrl deAll:.ioytntl �. AdpaAp leln11n0.PHA 5IPON 33Nf1-iJ hellaAO Hilgnd 8 shied PHA I ON d3NlL•*J lalLueplsab AllweA alBU!S'g-1. uollanaasua0-aypnd"j-d uallenlasu001ua WUollnu2"3-3 dip tt a�o3S pooylogti6laN'�JN lsunol le{luaplsatJ'1 tJ IeiluaPisaTJ Addled aYBw,S'4-il ueW pooy�oqu!N'NN !/ �'r ssaulsng AB�uyB!H'Z-O Y1T■ r ' + Aeia AO asaulsng Pu3 yinag 6uiutrZ'A51-7 IeguapasaH filWai..1PUe aup'Z-8 luawdnlanaq Fun psuueldand ...M.141(IAN ssamsna yaeag 1-0 t £1.0Z'wolwol'(pueIlel-In us3'(6u0N 6uOH) 1 eupyC i}s3 'I13W'uede�use 'NHCiiN 'Cd! 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Commissioners present were Marianne Bramble, David McNaughton, John Major, Tyler Marion, Demery Bishop, Julie Livingston, and Tom Borkowski. The Planning Commission Oath was administered by Mayor Jason Buelterman to Demery Bishop, Tom Borkowski, Julie Livingston, and John Major for their two-year term. Tyler Marion was elected as Chair and Demery Bishop as Vice Chair. Vote was unanimous. Mr. Marion — The first order of business is the minutes of the January 21, 2014, meeting. Do I have any discussion? [There was none.] Do I have a motion? [Demery Bishop made a motion to approve as written; Tom Borkowski seconded.] All those in favor please signify. [The vote was unanimous.] 46 Mr. Marion—Do we have any recusals or disclosures? [There were none.] Text Amendment—Sections 14-030& 14-050—Historic Preservation Ms. Otto—This is a Text Amendment to Article 14, Historic Preservation. Proposed are two additions, one to Section 14- 030 and the other to 14-050. This item was on your agenda at the last meeting and was continued to this evening when someone from the Historic Preservation Commission could be here to answer your questions. There is someone here tonight to assist you. Chantel Morton came forward and introduced herself. I am the Main Street Coordinator for the City of Tybee Island. I am also appointed staff person to the Historic Preservation Commission. With the Certified Local Government application that was submitted by the City, I was appointed and approved by City Council to serve as the staff person once the City does become a Certified Local Government. With me I have Sarah Jones who is the new Executive Director of the Historical Society to address your questions. With the changes you have before you, Section 14-030(D) is being added because it is a requirement under federal law with the Certified Local Government program and the same on the additions for Section 5-050(P). Mr. Major—It says to employ persons, does that mean employees that are hired or to employ their services? Would they be employees of Tybee Island? Ms. Morton—Yes,the language does say to employ a person and it is mainly to ensure that the Certified Local Government requirements and Historic Preservation needs are met. That is one thing that the City Attorney, when he spoke with Leigh Burns who works for DNR in the Historic Preservation division as the Certified Local Government Coordinator,that is one of their requirements at the federal level. It is also something that when he talked with her he 1 201403136CityCouncilPacket Page 96 of 130 20140307/jrl did make sure it was included that it would be authorized by Council first. That has been run through the DNR legal department. Mr. Major—This person would be a Tybee employee with all the benefits and everything? Ms. Morton—That would be determined if the Historic Preservation Commission were to need an employee. As of now, being the Main Street Coordinator, I would serve as that staff person mainly for the ordinance itself. The proposed wording protects that long-term relationship between the Council and the Historic Preservation Commission for historic preservation on the island. Mr. Marion—Do we have anyone from the public that would like to speak to this? [There were none.] At this time I will close the public hearing. Mr. Borkowski—If we could clarify, "The Commission shall be authorized to employ persons if necessary to carry out the responsibility of the Commission." I'm having a little difficulty understanding the sentence itself. It is confusing to me. Mr. Marion—Dianne, do you have any recommendations as far as any other word choices that may be acceptable? Ms. Otto—I do not. Chantel would be the person that may be able to address that. I was not involved in the development of this proposed change. Mr. Marion—I will reopen the public hearing. Ms. Morton, if you could step forward and answer a question. Mr. Borkowski—I'm having difficulty understanding exactly what this means. It is a subparagraph, "The powers shall be authorized to employ persons to carry out the responsibilities of the Commission but only after receiving approval from the Tybee Island City Council." Ms. Morton—The feedback that the Historic Preservation division sent back based on the application that was submitted was from the ordinance that the City currently has with Historic Preservation. The changes that they require on the federal level reflect those changes as I mentioned earlier. Ms. Burns,who is the Certified Local Government Coordinator, spoke directly with the City Attorney and this wording was submitted by the City Attorney's office. It has been run through the DNR legal department. Ms. Marion—At this time I will close the public hearing. Tom, did that help out? Mr. Borkowski—If it was legally checked out I guess it is okay with me. Mr. Marion—Do we have any other comments or questions? [There were none.] Do I have a motion? Mr. Major—I move to approve. Mr. Bishop—Second. Mr. Marion—I have a motion and a second to approve. All those in favor please signify. [Vote was unanimous.] Variance— Reshma Shah Johnson —5 Tenth Place Ms. Otto —The applicant is here this evening to answer your questions. This proposal is to build a single-family dwelling at this location. Article 9 of the Land Development Code requires two means of egress from structures including single-family homes. This is an additional higher standard for Tybee. The International Residential Building code does not require a single-family to have two means of egress. The building plans, as originally submitted, showed one step of stairs. The plan review caught that and referenced back to the architect that this was a Tybee requirement that two means of egress be provided. We did subsequently receive a revised plan that 2 201403136CityCouncilPacket Page 97 of 130 20140307/jrl showed a second means of egress being a spiral stair. That is what the permit will be based on and we have not yet released it from the office. We could issue a permit based on those plans that are currently provided. The applicant chose not to have the spiral staircase and instead have a Variance granted from that code section. In your packet are a number of items related to the site including floor plans. The one on the screen [referring to PowerPoint] now shows in red the one staircase provided and it shows in pink the location of the proposed spiral staircase to meet the two means of egress that is required. This is a plan to build two living spaces above ground floor parking. What would be the second living space above the second floor, there is one means of egress down to the first floor and that is not a violation of the code. We only require two means out of the house to the ground which is accomplished by the addition of the spiral on the first floor. In your packet is a proposal by the applicant rather than provide the second means of egress to install a sprinkler system in the home. There are a couple of diagrams provided by the applicant to show what would be accomplished by using a sprinkler. Mr. Marion —The spiral staircase is on a screened porch on the outside of the house, correct? Ms. Otto —This area here [referring to PowerPoint] is a porch. There are a couple of accesses out of the dwelling space to the porch with the stairs going down but I don't recall if it was screened. Mr. Marion — If this is granted, for what they want to achieve, that would go away and the sprinkler system would be installed in place of that, correct? Ms. Otto —That is their intent. Mr. Major—The lot is about 4,600 square feet, is that right? Ms. Otto — It is. There is a large section in the rear yard that is encumbered by a drainage basin that services a number of lots. I have not consulted my dimensions. Mr. Major— Forty-five hundred is the required lot size? Ms. Otto — It is 4,685 square feet; it meets the minimum lot size for that zone. Mr. Major— If I recall, this came up before for a Variance on the same property. After a lot of discussion about whether or not the pond made this a hardship based on topographical as to whether or not that was a unique circumstance. I think the Planning Commission decided 4-2 that it did not and the Council approved the Variance for the cantilevered second and third floors. Do you remember what they said the hardship was? Ms. Otto — I do not recall. Mr. Major— In the application letter where it asks for the hardship it refers to a narrative attached and I didn't see it in there. Ms. Otto — For this request tonight? Mr. Major— I didn't see where they talked about hardship. Ms. Otto —When the applicant comes forward we can ask her that question. Ms. Bramble — I remember they wanted to increase the living space area. There was a lot of discussion about the ability of firefighters being able to get down the lane and traffic in and out of the road. Mr. Marion —Aesthetics played a big portion of the desire to want the second and third story development. Is there anyone from the public that would like to speak to this? Reshma Shah Johnson came forward and introduced herself. I am the architect for Mr. and Mrs. Howard Levy who are the homeowners and lot owners of the property. We are requesting the Variance as a consideration for an alternative to the required means of egress. We are suggesting the use of a residential fire sprinkler system which would essentially protect a greater portion of the home and its residents in the case of evacuation more 3 201403136CityCouncilPacket Page 98 of 130 20140307/jrl than just the second means of egress. Considering that the residential sprinkler would also help protect the second floor means of egress in addition to the first floor means of egress. Mr. Major—As I understand the reason you would rather have the sprinkler system than the spiral staircase is not so much the cost or a financial issue but it is just for the convenience or comfort of not having a spiral staircase going down from the porch. Ms. Johnson —That is true. In addition, we also find that there is also some value to a residential sprinkler system in terms of protecting the inhabitants on the second floor as a means of egress as well. We think it is a better solution. Mr. Major— I'm just trying to make it work with our ordinance that says very specific things. Mr. McNaughton —The red is the planned egress from the second floor [referring to PowerPoint]. The portion over here that sticks out, what is that on the first floor, is that a porch? Ms. Johnson —This area right here is a screened porch on the first floor. Mr. Marion —The screened porch is what has the spiral staircase that we're looking at. Ms. Johnson —That is correct. Mr. Bishop — I noticed in your letter to explain somewhat of a request for a substitution, you indicated that the primary purpose for this was by having the spiral staircase on the screen porch making much of the space unusable for dining. This is not distinctly within our hardship requirements by Land Development Code judging from the size of the porch. Secondly, I take exception to your wording that while a second means of egress allows escape for the building occupants. I find that to be extremely discerning to me because I think the escape and the preservation of life is important. I understand sprinklers can be used for that. The whole reason this section of our Land Development Code came up is because we had some issues previously with our Land Development Code, Variances, and side setbacks. When houses were rebuilt, people were actually injured after jumping out of second stories in houses without a second means of egress. I think to only allow escape for the building occupants is a very important part and certainly supersedes the fact of the screen porch making much of the space unusable for dining. I think that the safety of the occupants trumps the use of the screen porch. The actual sprinkling of the home, would that be on both levels? Ms. Johnson —That would be on all three levels. Mr. Bishop — Dianne, you said a second means of egress is not part of the International Building Code? Ms. Otto— It is International Residential Code that oversees one- and two-family dwellings. The International Code does not require two means of egress from a single-family home. Tybee adopted that second means requirement which is a higher standard than the International Building Code requires. Mr. Bishop —There are local municipal codes that have incorporated similar wording. California which specifically says, 'All buildings including private homes must have more than one form of exit." The City of Chicago under their building code says, 'A minimum number of exits from the second floor of a single-family residence, two exits are required in order to preserve life and property." The third entity, Northeast Document Conservation Center, specifically with regards to Introduction to Fire Protection Safety Alarm and Automatic Fire Sprinklers, "Fire sprinklers are secondary to a second means of ingress/egress to effectively preserve life and limb." Even though the International Residential Codes may not require it, other municipalities have and Tybee has followed in that respect. I think that enjoyment of a screened porch versus a second means of ingress/egress, based on our history with Variances previously given for the public safety and with the passage of our Land Development Code provision, certainly trumps this Variance. Mr. Major— I think that recognizing the detention pond and the large portion of the lot it cuts off makes a sound argument for setback Variance. I don't think that applies to this at all. Even if you bought the topographical uniqueness argument I just don't think it is impacting; it is not a setback issue. 4 201403136CityCouncilPacket Page 99 of 130 20140307/jrl Mr. Marion —Are there other questions for the applicant? [There were none.] Is there anyone else that would like to address this? Charles Williams came forward and introduced himself. I am a partner in the house at 4 Eleventh Street. My concern is not a house going on this lot but to ask you to table this because of concerns over stormwater retention. I'm glad to hear you are really concerned about 50% of the driveways. The stormwater retention pond that is on this lot was put there to drain the two lots in front of it and it doesn't work, it is not big enough. My house sits right behind this and floods because those two lots were built up. The water is supposed to go to the pond first but goes under my house until the water level rises enough for it to go to the pond. The pond is too small to hold most large rainfalls. For that reason I would like to ask you to postpone this until you can have an engineer or a designer make this retention pond work. If you put a house on this lot, it is going to make the problem even worse than it is now. Mr. Major— Has this stormwater issue been brought to the City Council or staff before? Mr. Williams— Not to my knowledge. I spoke with the developer of the property behind us when this was being done. The setback of the house directly behind us has a Variance and is set 5 feet from the property line. The roof overhang puts water in my back yard and we asked him to put gutters on. He said this causes long range problems and asked if he could try another solution and put a drain in my back yard which he did. He drained it to the pipe which runs from the parking lot between the two houses to the stormwater retention pond. Mr. Marion —The item we are discussing tonight is specifically for the means of ingress/egress and their Variance. I appreciate what you are offering and if you could sum up so we can move back to the Variance issue. Mr. Williams—We are not trying to stop them from building the house. We would like for them to fix the stormwater drainage retention so that it works for the lots around it the way it is supposed to drain. If you put the house there and allow this to go forward as it is, the pond is not big enough for what is there now. You cover up more dirt and it is not going to drain as well. Mr. Marion —We can appreciate that. Mary Ann Miller came forward and introduced herself. I live at 2 Eleventh Street. This has been a problem since the houses were first built. There were promises made but promises not kept. As a consequence we have suffered because they said this was supposed to work and it didn't. We realize that you are here tonight to discuss stairs; we are here tonight to bring it to your attention that this is an existing problem. You are our Planning Commission and we come to you to try and make our neighborhood what it should have been before these houses encroached on our property. We have to put boots on to walk in the back yard sometimes when we have a rain. I know we are going out from why you are here tonight but we would like for it to be on record that this is a problem and it is not a new problem. It is only going to be exacerbated by the fact that this horrible retention thing has 2 pipes, it is probably clogged, it has trash and it has growth. Is the new owner going to take the responsibility for cleaning it out which the old owner did not do? The City was supposed to look at it for the first 12 to 24 months but nothing has happened. As long as you are aware that we have a problem - that is why we are here tonight. We are not here not to be good neighbors. Mr. Major— My original question a few minutes ago, has the problem that you are telling us about tonight, has staff or anybody in the City or City Council been made aware of this as a formal complaint or initiative? Ms. Miller—The original issue was when these houses were being built, it was addressed then. I don't know that anybody has been there to inspect if from the City. Mr. Major—This isn't a new proposal, the Variance was granted quite a while ago. Ms. Miller—We have drainage now. We don't have just water in that retention area. While it has been a minor problem now, it is going to be a major problem once the house is built. Mr. Major—Will the owner be required to submit a drainage plan? 5 201403136CityCouncilPacket Page 100 of 130 20140307/jrl Ms. Otto—We have received the drainage plan that was required. We have not issued the permit yet and don't know that we have fully approved the drainage plan but we are in the final stages of it. This resident did visit me this afternoon and brought to my attention her concerns about drainage. As I expressed, I don't feel they are related to this Variance but we would be happy to pull the records from the original drainage plan for this subdivided property and determine who is responsible for maintenance knowing it is not the City. It is within the owners to coordinate that but we will try to direct them on who is responsible. I doubt that it is this particular lot owner since it is common drainage. What would be typical is that all of those that are serviced by the drainage basin are responsible for maintenance of it. We can pull all the records outside of this egress question and attempt to address her concerns. Mr. Major— Other than getting noted in the Planning Commission minutes for Variance request on something else, is there anything these people should be doing with you? Ms. Otto —Their best approach, in my opinion, would be to schedule a meeting with staff so that we can have at this meeting these prior as-builts and they can see what the intent was for drainage. Also, with their permission, do a site visit and see what is causing that drainage plan not to function. Mr. Marion — Ms. Miller, if you could facilitate that with staff, Dianne would be more than happy to help with that. Ms. Miller - I'm sure we will. This was a problem to drain the two newer buildings that were built on Tenth Place. As a consequence, since it doesn't work, it now affects the houses on Eleventh Street. We didn't have any input. This was built for those two houses to drain there. We were doing fine on Eleventh Street until then. Mr. McNaughton — Dianne, knowing how things can get lost in government, would it be proper procedure if instead of making a decision on this Variance, we continue this hearing pending some report back from the City on the drainage issue in that area? Ms. Otto — In my opinion they are not related topics. I've provided in your packet and what you have on the screen is a 2007 drainage plan. This is not, evidently, a new concern if she is saying that it has been not functioning for that length of time. I would prefer that we work outside of this Variance request to determine why that has happened and again who is responsible for the maintenance which may not be occurring as required for the system. I don't feel that the applicant before you tonight has any reason to be held up based on a drainage issue for an entire subdivision. Mr. Marion —I agree. Bart Turner came forward and introduced himself. I represent some of the neighbors on Eleventh Street. Mr. McNaughton, I think you are right as far as what I hear on a drainage plan that is getting ready to be approved. At least see if we can table that plan until we look into it a little further. We would like to do this informal as Ms. Otto talked about. I will give you a little history. When 6 Eleventh Street was built, as part of building on that property, it was required to put this retention pond here. All the water from Tenth Place and Eleventh goes all the way towards the beach. The retention pond is used for these newer buildings. You can see lots C, B, and A has been built in the last five to ten years. You now have pavers and all that water comes straight down and into a very small space and there is not enough ground to soak it up. It is my understanding that 6 Eleventh Street had to purchase that lot and put that retention pond in. Now we have these new purchasers that are asking for the Variance that own the property where the retention pond is. The question is whose responsibility is it? There is a photograph of the retention pond, you can see that it is pretty much covered up and has very, very little value. I agree that we need to look into this before we go any further. Mr. Marion —Thank you for coming up. Do we have anyone else that would like to come forward and speak on the Variance itself? Chris Dailey came forward and introduced himself. The problem is not only with egress but also the lack of ingress. If there is a problem you will need firefighters and police to get in. If one of the areas is burned you can't get anyone in to help you; the water won't do you any good. We have had this same problem and we have a historical cottage and these newer places, because of the roofs and no gutters,just throw water into that area. 6 201403136CityCouncilPacket Page 101 of 130 20140307/jrl This is less area for it to disperse. Does this committee have the power to hold off on granting this until someone can go out there, look at it, and have a discussion? Mr. Marion —Are you speaking specifics to ingress/egress or are you speaking to retention pond? Mr. Dailey— For ingress/egress I talked about that first but I switched. Mr. Marion —Can we switch back to ingress/egress. We don't want to hold up the applicant to any great degree. We are pleased you are here but specifically ingress/egress, we would like to keep it on task. Ms. Otto — Depending on your decision this evening, this would, at the earliest, go to City Council on March 13th I am very willing to meet with any and all concerned residents with the City's consulting engineer's input, the designer of the drainage plan for this location. We can all get together and see what isn't functioning. Mr. Marion — I would very much appreciate that. Ms. Otto— I think all of that could happen before this goes to Council on March 13th so they would feel more comfortable before Council considers this request. Mr. Marion —At the risk of breaking from standard procedure, I would ask those in the audience that are here to talk specifically about the retention pond to take an opportunity to dialogue with Ms. Otto so we can do what she has recommended. We would greatly appreciate it. She will be able to facilitate answers and get things done. Do we have anybody else from the public that would like to comment on the particular issue of the ingress/egress? [There were none.] At this time I will close the public hearing and open this for discussion or a motion. Ms. Bramble— Did Ms. Miller say the property has changed owners? Is this from the original plan that was submitted for the first Variance of the canopy; is it the same owners? Ms. Otto —The Variance before you this evening is the same owners that had the property when the front setback Variance was requested. They are relatively new owners and were not owners back when the property's drainage plan had been approved. Ms. Bramble—Was that a year ago? Ms. Otto —The drainage plan is from 2007. Mr. Marion —What we have seen in the past has occurred in the last 24 months, correct? Ms. Otto —Yes. Ms. Bramble —They have already come before us and asked for a Variance in the last year. We voted against that Variance but they were given a pass by Council. The way I look at this is the first time when it was strongly leaning towards the retention pond, drainage issues, and the canopy, they were still given a Variance. I don't think every time they change their mind of how it is going to be designed that they should be permitted a Variance for aesthetics. With that being said I would like to make a motion to deny this Variance. Ms. Livingston —I'm reading the standards for a Variance and we go into this unique physical circumstances or conditions beyond that of surrounding properties. I honestly believe it fits that. I believe the topography does fit that. This retention pond would make that a unique circumstance. When we jump down to physical circumstances, the property cannot be developed in strict conformity with the provisions of the Land Development Code without undue hardship to family. I have to agree with Demery when he says reducing the size of the dining space doesn't fall as an undue hardship. Mr. Borkowski — I agree also and to me the safety factor is the most important. I think you came up with good research for California, Chicago, and a number of other places. I think we should err on the side of occupant safety. 7 201403136CityCouncilPacket Page 102 of 130 20140307/jrl Mr. Marion —We have a motion on the table. Mr. Bishop — Second. Mr. Marion —We have a motion to deny with a second. All those in favor, please signify. [Vote was unanimous.] Map&Text Amendments—Sections 4-020 & 13-016— District Boundaries and Zoning Map Ms. Otto —This item was considered by the Planning Commission last November and was approved. It moved to City Council but because of the timing for it to go to Council in December for First Reading and have a Second Reading in January, it was determined by the City Attorney that it be held so there wasn't one sitting Council voting at First Reading and a different Council voting on the Second Reading. In the meantime, the Text Amendment portion has been tweaked by the City Attorney so that proper adoption of the proposed map won't be under question on how it reads. In your packets are proposed Text Amendments to Section 4-020 to add the language necessary to make this adoption of the map. It also requires a Text Amendment to Section 13-016 for the Map Amendment. In the room are the current Zoning Map and the proposed Zoning Map. These have been made available to the public over the last several weeks for any input. I have not had much conversation with anyone about it. This is an open process if there is anybody that has questions. This proposed change is clearly to go to a new, hopefully more clear and detailed Zoning Map. No parcel rezonings are proposed by this change. It is strictly adoption of a revised look to our Zoning Map. Mr. Bishop — In going through this, I don't have a 13-015 in the Land Development Code. Ms. Otto — It is pending. Section 13-015 was the 7 lots in the North Wave area that had been considered and the outcome was that one of those lots was rezoned from C-2 to R-2; that is 13-015. It has not yet been posted to the Municode site or may not be in your updated Land Development Code. Mr. Bishop —With regards to 4-020, the new language as I understand it will be and as amended and readopted on 2014." Ms. Otto—Yes, and the date that will be filled in will be the Second Reading before Council. Mr. Bishop —The previous code doesn't have that. Is there a reason we are specifically putting that date as opposed to leaving it as is? Ms. Otto —I relied heavily on our City Attorney's verbiage for this and there may have been a need to assure that we are adopting this very procedurally so it cannot be challenged that we have not handled this appropriately, advertised it appropriately, and adopted it correctly. Mr. Bishop —That gives specificity to the date change and anytime it subsequently changes that date would change as well. Ms. Otto— On the Zoning Map, yes. 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 we have further discussion or a motion? Mr. Bishop — I make a motion to approve. Mr. Borkowski — Second. Mr. Marion —I have a motion to approve and a second. All those in favor please signify. [Vote was unanimous.] Text Amendment—Wind Ordinance for Wind Energy Facilities Ms. Otto —This was before you at the meeting last month. It was discussed because we were looking at a model from the Georgia Wind Working Group. It was requested that staff Tybeeize that version. What has been removed are some of the references where it talked about industrial and agricultural zones. Clarity has been 8 201403136CityCouncilPacket Page 103 of 130 20140307/jrl given to the permit procedures which would require, as stated in 7A, "In all zoning districts site p/an approval and the granting of special review shall be required." This is for any wind powered energy apparatus to go through before it could be issued a building permit and be constructed. Mr. McNaughton —This would apply to all zoning districts that Site Plan Approval and Special Review would be required. We don't mention specifically, and I can't envision these popping up at homes, but I think it would be prudent if we had a paragraph restricting where they can be placed. I don't think we want wind turbines in people's front yards. Mr. Marion — David, can you tell us what section it is? Mr. McNaughton —We don't specifically refer to restrictions where you put it in a residential area. Given the setbacks, there are very few places on the island you could put a commercial one. Frankly, I think solar is a much better option than wind turbines but if we are going to do this I think we ought to have a restriction saying Section 4 and then add paragraph (D) "No residential wind turbine shall be located in the front or the sides of a property" Mr. Bishop — Dianne, for my own clarification, we are tasked tonight with recommending the Wind Energy Facility ordinance. Approving that and referring that to Council for consideration, is that correct? Ms. Otto —What is before you is this proposed ordinance. Your possible actions on it would be to approve, deny, or continue. Mr. Bishop — If we approve it, what would be the next step? Ms. Otto— It would move to City Council on March 13th for their consideration. Mr. Bishop — I have a number of questions prior to my personal recommendation to Council. I have so many questions I don't want to have a repeat of the similar situation with the Affordable Care Act where we passed something and we don't understand it. Under the definitions section where it says, "Applicant is the person or entity" Anyone could make this application for a wind energy facility ordinance, we don't define who, it could be government or private entity, correct? Ms. Otto —Yes. Mr. Bishop— Under B, "Environmental Asset,"is a detailed examination of the applicant's proposal and it goes on to the emphasis on avoiding, minimizing, and mitigating - who decides this impact? How is that determined? Ms. Otto— In my opinion, because all of these would be considered under Site Plan Approval and Special Review, it would ultimately be the Planning Commission and City Council. Mr. Bishop —To me, the type of activity with the research I've done, does entail some degree of professionalism and some degree of expertise. There are so many things when you look at the requirements. If a wind energy facility exceeds a specific height, it must be lit to comply with FAA requirements. Those types of things have to be known and that has been brought out in several discussions. I know there are a lot of wind power myths and facts and there have been numerous studies on wind farms in the United States and I read some in the United Kingdom and Denmark. There were studies done by people who are much more learned and scholarly than I am. The Department of Economics and Natural Resources and Public Economies, they found a lot of negativity to wind renewable resource type structures. I guess with that type of background to recommend something that I'm unsure of so Council can move forward on, gives me somewhat of a pause to do so. I like renewable energy whether it is wind, or as David said, solar, and how it is going to be used. One of the things pointed out in our own Department of Energy standards for Georgia is that it is recommended that at a minimum, utility scaled land based wind turbines that are onshore are typically installed between 80 and 100 meters high, one foot is .034 meters. The tower that we are looking at now is 120 feet. If you expound on that, that gives you basically a 36.4 meter tower that does not even meet current Department of Energy standards of 80 to 100 meters high for effectiveness and efficiency. These are the types of things that, I think, we as the Planning Commission need to 9 201403136CityCouncilPacket Page 104 of 130 20140307/jrl consider, and Council needs to consider, with the appropriate expertise before we go forward with recommending an ordinance. Mr. Marion — In the ordinance we talk about installation, permits, sanctions, decommissioning, however we don't specifically identify a requirement of any kind of measureable maintenance to reassure safety throughout the life of any wind turbine. Is there anything you came across in your research that highlights any commentary from those subject matter experts specific to cost factors in maintenance whether they are small or large wind turbines? Mr. Bishop —There was. In the study that was done for the Renewable Energy Foundation in 2012, this was a reference to the small wind farms in the United Kingdom and Denmark. One of the factors they found was after the first year, what they called "Age 1"of an onshore wind farm of small numbers, there was a substantial decline in production; it was producing about 24% of the power they had anticipated. At Age 10 it reduced it to 15% and at Age 15 it reduced it to 11%. One of the things I thought was interesting is that they could not fully assess the reduction in the overall power generated because, The study cannot be fully assessed using the data available because there were significant outages due to mechanical breakdowns that appeared to be a contributory factor and the out costs of maintenance of those small wind farms" I think that answers your question to some degree. Mr. Major—I have a couple of things as I was reading through this. The first are concerns about ongoing maintenance and who is responsible for it. In the case that somebody who would be responsible for it, should they go bankrupt or not be able to do what they agreed to do contractually and suddenly we are stuck with this thing. I would think we would address some kind of performance bonding or some type of guarantee by that person. The other is a practical question. If I want to put up a 120-foot wind turbine, do I need a height Variance? Ms. Otto —Yes. Mr. Major— I think if they are going through the Site Plan and Special Review, that specifically has to happen. Mr. McNaughton —On the Variance issue, is there any way for a wind turbine to even meet the standard to qualify for a height Variance? Mr. Marion —We are trailblazing with this particular item and essentially setting a standard once it is done. Ms. Otto—If you recall at last months' meeting when Paul Wolff was here, he talked about smaller, residentially purposed turbines which would not require a height Variance. They do come in smaller versions. I appreciate your point and would want language inserted that would contemplate a wind turbine that exceeded our 35-foot height limit. Mr. Marion —On page 3 of the ordinance, under Setback requirements at the bottom, it states, "Turbine height restrictions are not included because they are determined during the public hearing approval process." Ms. Bramble — Is this proposed ordinance, does this have everything to do with the wind turbine that was proposed to the City? Ms. Otto — Not everything to do with it. It would be applicable to that particular request but it would also apply to any other wind turbines be it the smaller residential uses that are out there or to have larger ones as well. Ms. Bramble —The City couldn't go forward with a donation of a wind turbine without this ordinance, correct? Ms. Otto —Without a version of it, I would agree with you. I think an up and down vote is going to be made at their next meeting on whether to pursue the donation. Before they could get permitting they would need to go through the Site Plan and Special Review process that this ordinance would require which would need to be in place before they could move forward with the project. 10 201403136CityCouncilPacket Page 105 of 130 20140307/jrl Mr. Borkowski — From my point of view, I don't think we have enough information to be writing an ordinance at this point. I think a lot more research needs to go into the issue. I would do a Google search on what the worst case scenario is of wind turbines and get information from countries or places that have gone through the process. You look at getting a $275,000 wind turbine for free from this company but after getting this email from Bill Garbett, I'm always looking at the economic standpoint of it. If what he says is true, it doesn't look like a very good deal as far as economics are concerned. They are saving $28,000 a year in power. I don't think we have enough knowledge at this point to do something like this. It looks like the issue was brought up about the reduction in power production as the years went by because of the outages and repairs. It could be catastrophic and end up costing the City a lot of more money than it was saving. Mr. Marion — Dianne, what we have in front of us, essentially they want to have something to consider at the March 13th Council meeting. I don't feel comfortable sending it up. Could we delay this for another month but in doing so perhaps have a workshop to see if there is anything else that we need to cover so we can conclude this and get it off our plate? Ms. Otto —That would be an option. Mr. Bishop — I just want to comment on your suggestion. I'll go back to my questions for Council's purpose. I hope they will in fact review the minutes and some of the issues that we have raised here as a Planning Commission. This is the height of what we should be about as a body. We are planning for future aspects and I think Tom brought it up. We don't want to be sitting here years out with the public looking back and saying we told you so because it didn't work and you had capital outlay. The other side of the coin might be that it did work, it's great, and we saved a lot of money. I still have so many questions as a novice on wind energy facilities and other energy saving aspects such as solar and others that I don't feel comfortable until a number of the questions I raised tonight are answered. I'm not sure we possess, perhaps Mr. Wolff does, but I don't possess the necessary expertise to make a recommendation that we move an ordinance forward without being satisfied that we have some minimal degree of understanding. I think that is what you said. You mentioned a workshop, but I'm not sure we have the expertise even within Planning Commission and Council to answer all of our questions. That is my concern is to make an educated decision in passing an ordinance that is going to impact the citizens of Tybee. Mr. Marion — I concur. Ms. Bramble— I just want to put on record that I agree with you gentlemen, there is nothing now that can be said to convince me to move forward with this or, at this point, sending it to Council to move forward. Ms. Otto —You can direct staff to seek a time and place for a workshop. I would like to reach out to someone that might have the expertise to come in and help us. I don't have any particular person in mind but my first inclination would be to approach the Wind Working Group that drafted the model as a possible source to answer questions about this topic. Mr. Borkowski —You have all of these big wind farms in Palm Springs and places like that. They have a lot of experience with this stuff. The Wind Turbine Group from Georgia, do we have a lot of wind farms here that we know about? Ms. Otto — I don't know. Mr. Major—Tom mentioned the email that Bill Garbett has sent out to a number of different places. I thought it was well thought out and researched but it was a point counterpoint. Here is what they said and here is what my research says. If we have this workshop, I think it would really be useful if we could deal with the point counterpoint and see what is true. There are these issues about wind velocity, height, savings, cost, and maintenance, and I think a really good place to start is to determine who is right on all those very specific points. Mr. Marion — I agree and if we can get a subject matter expert or somebody from a wind farm that would be more than willing to even do a conference call or if they have time to come and talk with us to let us pick their brain based on where we are and what we have been asked to do. Is there a date in mind now or do you want to email us at a later point in time? 11 201403136CityCouncilPacket Page 106 of 130 20140307/jrl Ms. Otto—I don't have a date in mind and I don't yet have who that possible person that could come and help us but I will follow up on this and get back with you. Mr. Major—Could you make it before the March 13th meeting? Mr. Marion —That would be my preference if we could do that. Mr. Borkowski —I recommend that no action be taken on this donation until we have had the opportunity to research it and come up with further knowledge. Ms. Otto — Do you want that recommendation in a format other than within the minutes received from this meeting? Mr. Borkowski —I would like to make a motion. Mr. Marion — My preference is we do the workshop but protocol procedure is if we have a motion on the table we need to recognize that motion. Mr. Borkowski — I make a motion that no decision be made on the project for the wind turbine donation until such time as the Planning Commission has had an opportunity to have a workshop to investigate the ramifications or all of the factors involved in wind turbine operation and to draw up an ordinance for the City of Tybee Island. Mr. Major— Second. Mr. Marion —I have a motion and a second. All those in favor please signify. [Bramble, McNaughton, Major, Bishop, and Borkowski were in favor/ Livingston was opposed.] Text Amendment—Section 3-080—Off-street Parking Requirements Ms. Otto —This deals with the residential driveway requirements. At your chair this evening was an updated version from what you had been given in your packets last week. It is fundamentally the same with some clarity on language and inspection requirements. The item was discussed briefly at last Thursday's Council meeting. They are looking for this to come forward to them so they had asked for a little additional clarity and the City's consulting engineer, Downer Davis, also had some additional input. We are looking at the version with the date at the bottom of 2/18/2014. There are issues related to this that I think the engineer could better explain to you. Mr. Downer Davis—As you look at the ordinance, key words in the first sentence are'for water quality purposes.' Previous ordinances prior to a year ago focused on the entire 25-year storm. The City has, in consideration of the cost that people were putting into their driveways, and addressing the use of permeable materials was started around 2004. In 2008 we had a little more guidance come to us with the Coastal Stormwater Supplement [CSS]. It is used by us as a municipal separate stormwater system administrator to try to do things to improve the water quality of the waters we discharge into. With that, the City has determined they would try to meet the State's water quality goal of capturing 80% of the pollutants that leave our system. To do that, the State has determined that you do extended detention, which is holding and releasing the first 1.2 inches. It has been determined in the northern part of the State that retention of the first one inch is equivalent to that and we could meet the goal of the water quality by capturing 80% of the pollutants. We tried to come up with a newer ordinance. When you look at the ordinance, item A, the stone, is simply the base for item C, or a version of it. Item C is the permeable interlocking concrete pavers all the way down to the end at H, porous asphalt. Those are permeable materials but they are used when you address the full 25-year storm. We are trying to address the first one inch. The difference is the peak runoff during that final hour, where you capture that first one inch, is only .21 inches of rain. That is less than a quarter of an inch. If we were addressing the whole storm, which we did in the past, your peak runoff is almost three and a quarter inches; 3.23 inches. That is quite a difference. We reduced it by more than 10% but we are addressing the water quality and we are meeting the water quality goals of the State. The most prominent material we have had proposed to us is standard brick pavers. They actually work better for trip hazards and are more ADA friendly. They will pass .21 inches per hour which means they can receive, absorb, and retain the first one inch and we are not burdening the residents with unnecessary 12 201403136CityCouncilPacket Page 107 of 130 20140307/jrl increased costs when we are addressing water quality. This list is going to grow. B is the first to be added. We are getting a couple of requests for some different materials and they are going to be harder to define. The standard brick pavers, using the CSS, are pretty easy to quantify. I took some engineering reports I received for a paver and that engineer is here this evening. They addressed bricks with joints wider than what I was seeing in the field. I did my own report and took the smallest bricks we might see, close to 4x8, and looked at the average width and after running the numbers saw that it was passing the first one inch. We are getting requests for crushed shell; there is a point where it crushes down to where it is impermeable and it is dust. The basic thing is we can quantify brick pavers using standard masonry sand or rock, whatever they want to use in the joints, of widths as narrow as a little over 1/16 of an inch, maybe 5/64 of an inch, and we are finding that they pass. We are no longer requiring the City to run a water test but that doesn't mean applicants can't but there are some challenges in running the water test. The water test that had been run previously actually has some disclaimers in it saying the results can vary plus or minus 20% based on operator error alone. I think we are better off going with an engineer's report with the brick pavers. We are now seeing that they meet the water quality standards and basically this ordinance, if adopted, will be modified in the future. Other things will be added progressively that qualify with additional testing. These standard brick pavers are still placed on the same base and have the same border edge restraints as Item C, permeable interlocking concrete pavers. Mr. Major— I remember when we talked about this a couple of years ago. We were talking about driveways and there was discussion about a requirement for a maintenance plan when we would put in a new driveway of this type of material. Is that requirement still in? Mr. Davis—It is incumbent upon every owner to maintain their facilities in accordance with their permit. With other cities that have similar ordinances, actually there are not that many, the City of Atlanta is one, they look for the full storm but of course we have got short distances for outfalls. We have had some drainage issues but overall we have ponding and puddling; we don't have major flooding on the island due to rainfall. We are more worried about hurricanes and surge. Atlanta has to worry about flooding so they have truly permeable pavers. As they address water quality and flooding, they allow a number of options. They allow rain gardens, retention basins, permeable pavers, etc. What they are seeing is people are spending money to put down a beautiful brick pavement and they are not going to put asphalt over it. Most of your maintenance is due to failure in the upper part of the joints. I always thought the sand sifted down and got into the base; that doesn't happen. It clogs on the way down and goes into the joints. That is why when you broom and sweep, you actually vacuum and suck some of the sand out of the joints so occasionally you will have to refill them. I have had projects in 10 years that haven't required that. Most of the time when there is a failure, it is not over the entire project, it is over an isolated part. Even in the northern part of the state where they clean off the snow and they stockpile the sand beside the parking lot, if it rains or snows again, it drifts down and clogs a certain part and you get isolated failures. Maintenance clogging is not quite the problem that I perceived 10 or 15 years ago. It is an issue, but it doesn't require complete removal and replacement from the base down as I once thought it did. Mr. Major—This ordinance doesn't require that an owner submit a maintenance plan? Mr. Davis— No, and there is a reason for that. Other cities have already grappled with this. You don't have enforcement to go onto their property and enforce it. The failure rate is so low that I think we can be comfortable. With the sand granules being smaller, we are only addressing .21, what can get in there to clog? You might get some silt but it may float off with the next rainfall. I think over time you could get some oil and grease in possibly but I think it is the best alternative and I think it is going to give us improved water quality. If we start having massive failures we will have to address that. At this point, going on people's property for required maintenance, it is required but as far as enforcing it I don't know how you are going to do that. The good thing about it is this ordinance calls for property inspection. A City representative will go out there and look at the base to make sure it is the right stone. Then they will look at the bricks going in and they will look at the type of sand that is being swept into the joints. They will take a measurement of the widths. I have reports for water joints. I did one that would meet any of the driveways that I have seen installed in the last few months that I had access to look at. If someone uses a significant larger paver you have got to make a water joint. I don't think you are going to have to use item C. The one instance I remember was a guy had a driveway sloping from the street right into his garage and he had drainage issues. He wasn't looking to just meet our ordinance he wanted to repair his driveway to stop the water from going into his garage. We list these so people can capture more water if they want to. Tybee has determined we don't have major flooding issues from rain. Water quality is what we need to be targeting. 13 201403136CityCouncilPacket Page 108 of 130 20140307/jrl Mr. Major—Will Ray be doing these inspections of each layer as required or who will be doing them? Ms. Otto —At this time it will be me. There is a possibility that the City Marshal could be trained and step in to do those as well. No, the building official will not be doing them. Mr. Major—We will not outsource that to Chatham County like we do other things? Ms. Otto — No. Currently anything similar where there is site work is generally done by staff with Downer's assistance. Ray focuses on structures. Mr. Major—What will be different then what we are doing today if this ordinance is put in place? If I'm putting a driveway in today or six months from now, what will I have to do different? Ms. Otto —Currently we are reviewing materials as outlined here because we already have the 1-inch retention requirement. I don't think it will change the permit review process. What will be required is that as each layer is installed, the company or individual would need to contact the office to schedule an inspection of that layer before moving on. It may delay their weekend project if they are thinking they can accomplish each layer all in one weekend. They would have to do one layer, get an inspection, then do the next layer and get an inspection. Mr. Major— How many inspections does that total from grading to finish? Ms. Otto —What is typical is a 4-inch base of a larger stone and that would be the first inspection. If they choose to do another layer of smaller stone, and we are going to talk about these stones that are in the PowerPoint, that would be a second inspection. They would then lay the pavers and install the filling between the openings and that would be the final inspection. There are three if they choose to use two different layers as a base or it would be two if they choose one material as a base. Mr. Marion —Are we imposing a fee on the homeowner, once a driveway is installed, for the City to do an inspection? Ms. Otto — No. Currently there is a driveway permit fee on the fee schedule. There has not been any discussion about changing that. Inspections would be included with the permit fee. Mr. Bishop — In the proposal, it does indicate that engineering fees incurred by the City for review of materials, that will be on the applicant. That is in addition to any fee that the applicant would have paid for the building permit? Ms. Otto —Yes. Mr. Bishop— Since the City is actually doing the inspections, that is part of that ordinary course of business, when would that fee kick in? Ms. Otto — Generally if materials are proposed other than what is listed here as acceptable materials and there is a need to review the calculations that the very last paragraph talks about, for a material other than that listed above, then review of that would incur engineering fees. Mr. Bishop —All engineering fees do not apply. If I'm putting in a standard brick paver then I'm not going to have additional engineering fees. If I go to a recycled glass type then you are going to need an engineer and verify that it meets the standards as proposed in this ordinance. Ms. Otto—The applicant's engineer would need to provide these calculations which would be reviewed by the City's engineer. Mr. Bishop —The cost of doing that would be where all engineering fees incurred. It says, "By the City for review." 14 201403136CityCouncilPacket Page 109 of 130 20140307/jrl Ms. Otto — Downer is a consultant so he invoices the City and I pass those fees on so that the applicant pays the City, not Mr. Davis. Mr. Bishop —The applicant would incur the fee for the engineer that they brought on to certify to the City and then the City would also bill the applicant for Mr. Davis'time. Ms. Otto —That is correct. Mr. Davis— Let me clarify. The only way that would happen is, say on brick pavers, if they came in with a bigger paver such as a 6 x 12 paver, the bigger paver has less joints. It has to be wider. What we did is take a base brick that we see being used all over the island. I haven't seen one yet for a significantly larger brick. If they come in with one, we will have to look at that. We'll let their engineer submit something and I would review it and there would be a fee. For anything on this list and based on what I see going in, I can't see even 10% of the materials deviating from this list. If a material is so close that it will carry only .21 inches of permeability an hour, it is not being marketed as being permeable. Most people aren't going to want to pop the bubble on research. It is not a clean cut design to take these materials that can be compacted and moved around as to take a brick which has spacers that you put together, sweep masonry sand in, and isn't necessarily compressed. The standard brick paver is the cleanest one to do a report on. That is why we will allow water testing as a method but it would be hard to get a good feeling about it due to the variability. Mr. Bishop —That other material would be subjected to that engineering report to you for review. That is when the cost is incurred. Ms. Otto—Yes. That would be the first time only if it is deemed that it is acceptable. That same material would not have to go through that process again. Mr. Bishop— In essence it becomes added to the list. Ms. Otto — Exactly. Mr. Davis—To be clear about this, not to do with this ordinance, but with commercial projects we use much more permeable materials. The engineers use it to mitigate stormwater increases in order to have stormwater management. In doing that, there are more informal ways of water testing and I have seen water hoses, fire hoses, buckets sloshed on it, or go out in a heavy rainfall and look at it. 0.21 inches isn't much over an hour; it is like a third of a hundredth of an inch every minute. We are still going to be doing some informal water testing on commercial projects which lets us know that it meets the standard and more. That is not appropriate on these projects. These projects require very specific testing which is hard to do in the field and hopefully we will be able to get reports that support the use of other materials. Mr. Marion — For water testing, there are inspections but do you have to wait until it rains, is there going to be a hose or a bucket of water that somebody throws on the driveway? Mr. Davis— Not on this. I mentioned that just because I don't want there to be confusion. Since there are people listening and this conversation is being recorded, I want it to be real clear that the first thing to be added is brick pavers. It is a great product. It is less costly than permeable interlocking concrete pavers. It is put on the same type of base. It is easier to walk on and people don't complain about their heels. All these projects on this list, I wouldn't care which one they use, water quality is what we are looking at. Mr. Major—If I am replacing 45% of my driveway, none of this applies. Ms. Otto —That is correct. Mr. Major— Is there any inspection process or is it just a repair? Ms. Otto — Generally what we see on replacements is 45% because they have a concrete driveway and they want to replace concrete. We would not inspect that. If they are going to choose one of these described here, there would be inspections to be sure they are putting it in correctly. 15 201403136CityCouncilPacket Page 110 of 130 20140307/jrl Mr. Major—What if I want to replace 45% of my concrete with one of these materials? Ms. Otto —You would not be bound to because that is less than 50% repair and you could replace it with concrete. Mr. Major—Without these inspections? Ms. Otto —Correct. Mr. McNaughton — In paragraph (d), in the second sentence, is the word 'impervious'the one intended or should it be'pervious'areas? Ms. Otto — Good catch, thank you. Mr. Davis provided photographs of the different size stones that are listed especially in item (a). It shows a 57, 67, 78, and 89 stone and what these different sizes look like. These are all with no fines which means they are washed stones and they don't have that fine powder that can come on an aggregate. Mr. Major— Back to 45%, if I had a concrete driveway and I wanted to replace 45% with concrete I could do that without a permit. What if I wanted to use one of these materials listed and replace 45% of my concrete driveway, is permitting required? Ms. Otto — Permitting and inspections are required. Mr. Major— I'm not sure that is clear in the ordinance. Ms. Otto —We don't have a lot of those come up; generally it is all replacement. Mr. Borkowski —You are saying that if you do 45% with something different than what you have then you would have to have an inspection? That's what your question was correct? Mr. Major—That was my question and it really doesn't say that. Mr. Borkowski — It says if you replace 50% or more, then you have to have an inspection under this ordinance. If you are less than 50% you don't. Ms. Otto — I can work on the clarity that is needed on that. Mr. Borkowski —What if you do 25% or 35%? It just says 50%, why don't we leave it that way? Ms. Otto — My desire and intention would be if you are choosing to do a material listed here, specifically a paver that is to be installed in phases, that we would want to be assured that it is being installed with the proper base, proper spacing, and filling. What was intended with less than 50% was for residents who may have had a concrete driveway and maybe a tree has caused the concrete to buckle and they want to fix the concrete from the cracking or raising of the concrete. It does not come up often but when it does generally they are going back with concrete. If somebody is opting instead to choose a material that meets the one inch retention then the inspections would be needed to assure the City that those materials are being installed properly. Mr. Major—What if I have a driveway with these materials and I want to replace 45% of it? Based on what we just said, we want to see that it is done right. Maybe this could be clarified. Ms. Otto—Yes. Mr. Marion — Is there an immediate need for this issue? Mr. Davis—It is my belief there is. We have gotten rid of the water testing but the sooner this thing can be brought into ordinance the less conversation there is going to be at Dianne's front desk and the clearance can be 16 201403136CityCouncilPacket Page 111 of 130 20140307/jrl for installers that are trying to price these projects. I want to answer a few questions. If it is less than 50%, you are not looking at water quality. Look at the last sentence in (a) where you have less than 50% graded aggregate base, also known as crusher run or crush and run. That could be allowed because under 50% we are not looking at water quality. They could use concrete, asphalt, crush or run. Mr. Borkowski — I have a suggestion. If you say that any repairs less than 50% of an existing driveway be done with materials other than what is already there, then it would be subject to this ordinance. Then you don't have to put 25 or 35 or 45 percent in there. If they are doing 45% but they are not replacing it with the same material that currently exists then they have to go through this process. Mr. Davis— Some of you may have sat through some of the City Council meetings. I think Council has been pleased with the 50% cutoff. Less than 50% it doesn't matter what was there, whether it was concrete, crushed brick, brick jammed together with no joints; it didn't matter what it was. If you didn't cross that 50% threshold you weren't subject to this ordinance. If you are fine with that then all I'm clarifying is they could use crush or run, brick without any spacers, asphalt, concrete, and we wouldn't be concerned with water quality. Mr. Major— Is our Zoning Manager okay with that? Ms. Otto — She could become so, yes. Mr. Marion —Any other questions for staff? [There were none.] Is there anyone from the public that would like to speak to this? Tim Baumgartner with EMC Engineering came forward and introduced himself. I'm very familiar with what Downer has been working on over the last six months or so. He did a good job explaining how these all work to benefit the water quality. You are looking at a large stone underneath where you have storage area and you get verbosity and all these materials passed. I've done a couple of reports that he has reviewed that he and I have talked about and gotten clarification. Vendors don't always have all of the information we need so we do have to make some assumptions. It's like anything else, you have places you can tweak it. My only question I had was to clarify on the 24-hour, 25-year storm. If you go to the bottom it talks about retention requirement above and he was talking about the .21 inches and I think that needs to be clarified that is the amount you are looking at if I'm correct on that. Mr. Davis— No, 1.2 is for extended detention. When the water soaks into the brick it is not detained, it is retained. Our brother engineers in the northern part of the state actually got with the DNR and they agreed based on the curve of the pollutant removal, that 1-inch was very conservative. Mr. Baumgartner— Okay. That comes out of the Coastal Supplement for the stormwater management so any engineer can take that and look at that curve and calculate the rainfall and verify per hourly rate that can be retained. 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? Mr. Major— For my own clarification, as this reads right now and as we understand it, if I'm doing less than 50%, I can do it. Do I need any type of permitting for less than 50%? Under our general permitting, I'm required to get a permit from the City to repair 49% of my driveway but as it stands right now, as this is written, this doesn't apply to less than 50%. Ms. Otto — I concur that no permit would be required for less than 50% and inspections would not be required. Mr. McNaughton — I read it just the opposite. It says, 'A permit is required for installation of a new or replacement driveway." and referred to replacements of more than 50%. To me, "A permit is required for new or replacement driveways"sounds like even for replacement of part of a driveway. It read as replacement of some portion of the driveway and you would still require a permit. I think that could be clarified. Even if you just repeat "A permit is required for installation of a new driveway or replacement of 50% of an existing driveway" To me that would clarify that there is no way you would be required to get a permit. 17 201403136CityCouncilPacket Page 112 of 130 20140307/jrl Ms. Otto — Mr. Borkowski's suggested language was any repairs of less than 50% and that may help to get that language in there. Mr. Major— Do not require a permit. Ms. Otto— Repairs do not. Replacements of 50% or more and new do require a permit. Ms. Bramble — I would like to move that we approve this ordinance with changes to the wording that Ms. Otto to the 50% and correct the clerical misprint. Mr. Major— Second. Mr. Marion — I have a motion and a second. All those in favor please signify. [Vote was unanimous.] TREE ORDINANCE DISCUSSION (NOT ON THE AGENDA) Mr. McNaughton — I would like to make a comment on a different issue that we need to address at some time. Dianne sent out the tree ordinance survey. If you look at our building permit list, we are losing a lot of trees and it is an issue that needs to be addressed. Mr. Marion — I lost you somewhere. Mr. McNaughton — If you look at the monthly list of permits that Dianne sends us, there is a huge number of tree permits. We are losing greenery in a hurry and that is an issue we need to look at. Mr. Marion — Dianne, is that consistent with getting prepped for springtime and wintertime? Ms. Otto —They vary. There are several that have been recent for swimming pool installations, preparation for new construction; they vary. I don't know that it is seasonal as much as desires of individual owners. Are you wanting to somehow delay tree permits being issued until the new ordinance is in place? Mr. McNaughton — I would like to discuss this issue and the sooner we get the tree ordinance survey back we might want to consider an amendment to the ordinance to determine if we want to add additional trees or make the tree removal process more restrictive than what is allowed. Ms. Otto—Staff is working with the arborist, at no charge to the City, providing his services to review our current ordinance. The surveys that were completed and received were provided to him. He has compiled those and provided back to me the results which he presented in a format of areas that received the most votes being priority issues. He has also provided input on proposed revisions to our current ordinance. I don't know that I can make it by March but I will certainly try to prioritize getting something to you as soon as possible. One aspect of all of this is that I have not approached City Council with the need to establish what would be called the Tree Board. That would become, rather than staff or the Planning and Zoning Department, requests for tree removals would go through the Tree Board for review. Whether that is a desirable direction for the Planning Commission or Council, that would ultimately be a decision that would have to be made. Mr. McNaughton —That would be great to see something as soon as possible because every week we lose more trees. Ms. Otto — Let me put a holler out to anybody that is listening that may be interested in volunteering for this Tree Board. I have one candidate already through the survey and he had expressed he was interested. Others will be needed both property owners, commercial businesses, and the different stake holders within this topic to form that Tree Board if it is Council's desire to move forward with that request by the arborist that we do so. Ms. Bramble — Did you say you wanted to hold off on any tree removal permits? Ms. Otto— I was asking David if that was something he was interested in proposing. 18 201403136CityCouncilPacket Page 113 of 130 20140307/jrl Ms. Bramble—Can you do that? Ms. Otto —Your motion would go to City Council as a recommendation and it would be their decision. Mr. McNaughton — I would be willing to make that motion. Ms. Otto — It is not something on our agenda this evening but I would certainly be willing to share with them that this was discussed. Mr. Borkowski — Does it have to be on the agenda? Ms. Otto— No, we can have an informal conversation about anything. I don't know that we would want to take a vote on something that is not on the agenda. Because we only meet once a month we can certainly communicate to them this topic and that there was consideration that a moratorium of some sort go in. Mr. McNaughton — I would be willing to make a motion right now. Ms. Otto— Let's keep it as a recommendation. Mr. Bishop —Along those lines I think we have to be very cautious because if you move forward with a recommendation that stymies tree removal permits until the survey is completed, you are talking dollars and cents for a lot of people. If you are looking to build you have a developer, a contractor, and people lined up and you stop tree removal without the permit when it would have normally been allowed, through mitigation perhaps, that is dollars and cents out of the pockets of a lot of people and that gives me some heartburn. It is not out of my pocket it is out of theirs and that is not what we are about. Mr. Major—I agree. Mr. Marion — David, do you want to hold off for now or do you want to move forward with your thoughts or should we have Dianne share those with Council? Mr. McNaughton — It would be better if Dianne shared those thoughts. Mr. Marion — Dianne, let's do that informally and then we can all connect later on that particular issue as far as feedback goes. Mr. Otto—I appreciate the topic coming up and there is a lot of behind the scenes work going on right now with our tree ordinance. Ms. Bramble—I make a motion to adjourn. Mr. Bishop—Second. Mr. Marion—All those in favor please signify. [Vote was unanimous.] Meeting ended at 9:07 PM Minutes byJerris Bryant 19 201403136CityCouncilPacket Page 114 of 130 20140307/jrl PART II - CODE OF ORDINANCES Chapter 54-STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE I. IN GENERAL Sec. 54-6. Road warranty. (a) In connection with any work performed by contractors for the City of Tybee Island, the contractors shall warrant the performance, quality, and workmanship and the quality of all materials on any road project for a period of eoe two years after final acceptance by the city. The city may require letters of credit or bonds or cash, in an amount determined by the City, in order to secure the obligation under the warranty. (b) When contractors perform work for private entities or in subdivisions and it is intended that the city will accept dedication of the road and of any road or right-of-way, the contractors shall warrant the performance, quality, and workmanship and the quality of all materials on any road project for a period of two four years after final acceptance by the city. The city may require letters of credit or bonds or cash in order to secure the obligation under the warranty. A minimum road warranty of $600 shall be required which may be increased for larger projects. 03/03/2014 Tybee Island, Georgia, Code of Ordinances Page 1 201403136CityCounciIPacket Page 115 of 130 20140307/jrl ORDINANCE NO. 26-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SECTION 54-6 REGARDING ROAD WARRANTY 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 Section 54-6, road warranty, so as to clarify its terms; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 54-6 of the Code of Ordinances of the City of Tybee Island shall be amended. SECTION 1 Section 54-6 shall be amended so that hereafter it will read as follows: Sec. 54-6. Road warranty. (a) In connection with any work performed by contractors for the City of Tybee Island, the road contractors shall warrant the performance, quality and workmanship and the quality of all materials on any road project for a period of two years after final acceptance by the city. The city may require letters of credit or bonds or cash, in an amount determined by the city in order to secure the obligation under the warranty. (b) When contractors perform work for private entities or in subdivisions and it is intended that the city will accept dedication of the road and of any road or right-of-way, the contractors shall warrant the performance, qualify and workmanship and the quality of all materials on any road project for a period of four years after final acceptance by the city. The city may require letters of credit or bonds or case in order to secure the obligation under the warranty. A minimum road warranty of$600 shall be required which may be increased for larger projects. 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 201403136CityCouncilPacket Page 116 of 130 20140307/jrl 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. 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: Tyhee/Ordinances/2014/22-2014 Sec 54-6 road warranty 0104.14/dko 03.06.14/ 201403136CityCouncilPacket Page 117 of 130 20140307/jrl ORDINANCE NO. 15-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA AMENDING CHAPTER 38,MUNICIPAL COURT SO AS TO PROVIDE FOR REIMBURSEMENT OF INDIGENT DEFENSE COSTS BY VIOLATORS, TO ESTABLISH AN EFFECTIVE DATE, AND OTHER RELATED PURPOSES 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 is providing a public defender by contract in connection with proceedings in Municipal Court of the City and the cost to the City, or at least a portion thereof, should be borne by the violators when appropriate; and WHEREAS, O.C.G.A. §17-12-51(b) provides for a municipality to permit its court to impose a condition of probation repayment of all or a portion of the costs of providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. The defendant shall make the payment through the probation department to the municipality; and WHEREAS, the City of Tybee Island desires to amend Chapter 38 of the City Code in order to add a new Code section to be designated as Section 38-5; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island: SECTION 1 A new Section 38-5 will be codified and will read as follows: 201403136CityCouncilPacket Page 118 of 130 20140307/jrl Sec. 38-5. Indigent defense cost. (a) When an offender in the Municipal Court enters a plea of nolo contendre, first offender, guilty, or is otherwise convicted, the court may impose as a condition of probation repayment of all or a portion of the cost for providing legal representation and other expenses of the defense if the payment does not impose a financial hardship upon the defendant or the defendant's dependent or dependents. Such payment shall be made by the defendant through the Probation Department to the City. (b) In determining whether or not a payment imposed under this ordinance imposes a financial hardship upon a defendant or defendant's dependent or dependents in determining the amount of the payment to impose, the court shall consider the factors set forth in O.C.G.A. §17- 14-10. The public defender may provide the court with an estimated cost for providing to the defendant the legal representation or other expense of the defense. If requested by the defendant, the court shall hold a hearing to determine the amount to be paid. 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. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. 201403136CityCouncilPacket Page 119 of 130 20140307/jrl ADOPTED THIS DAY OF ,2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2013/31-2013 Sec 38-5 indigent defense cost 08.08.13 Tybee/Ordinances/2014/15-2014 Sec 38-5 indigent defense cost 01.22.14 renumbered 201403136CityCouncilPacket Page 120 of 130 20140307/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. 201403136CityCouncilPacket Page 121 of 130 20140307/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: 2/13/2014 SECOND READING: ENACTED: EMH/Tybee/Ordinances/2014/20-2014-Sec. 58-179 regulatory fee—02.04.14 201403136CityCouncilPacket Page 122 of 130 20140307/jrl REVOCABLE LICENSE / INDEMNITY AGREEMENT / PUBLIC PROPERTY The undersigned applicant hereby requests permission from the City of Tybee Island, Georgia, to construct a structure for the purpose of the use of public property located within said city limits since a portion of the proposed project may encroach upon public property, roads or marshes within the city limits of said municipality. The undersigned understands that the issuance of such a permit does not relieve the applicant of the obligation to obtain additional authorization from any other authority. The undersigned further recognizes and agrees that this license does not confer upon the undersigned any rights, title, estate or interest in said licensed premises; nor does this license agreement confer upon the undersigned a license coupled with an interest or easement. This license merely gives the undersigned a revocable privilege, it being expressly understood and agreed that, regardless of any improvements or investment made, expense and harm incurred or encountered by the undersigned, this agreement shall be subject to revocation, cancellation or termination and this license shall be null and void. The undersigned shall further indemnify and save the City of Tybee Island, its agents, officials, employees, and representatives free and harmless from any and all liability, loss, cost, damage or other expense from accident or damage, either to itself or to the persons or property of others which may occur by reason of the exercise of the rights and privileges herein granted by this license except for any loss arising from the sole negligence or willful misconduct of the City of Tybee Island. The undersigned applicant further recognizes that the City of Tybee Island does not grant permission to proceed with such project unless and until any other appropriate permit is issued and a copy of same is filed with the Clerk of Council of said City. The license permitted herein is limited to those areas identified as encroaching on said public property shown on the attached Exhibit "A" hereto. Date:62-v1 C --/5-7 Applicant's Signature:a 9,2.- Printed Name of Applicant: A rr, ilt) e cfeta } J r >L �2ctr74( 1 C cT ar, .hnc�. rowers ay retry THE CITY OF TYBEE ISLAND hereby grants the above a revocable license not coupled with an interest as provided in the above request. Approved this day of , 20 BY: Dianne Otto Planning & Zoning Manager Attachment: Exhibit A 201403136CityCouncilPacket Page 123 of 130 20140307/jrl Addendum to Revocable License Request In addition to the undersigned, the intended purchaser from the undersigned, join in this request for permission & by signing below, acknowledge agreement with all terms & conditions hereof & agree that should he/she/they acquire the property identified as Lots 129 and 82, the northern portions of Lots 81 and 130 and Lot B on the attached survey, they are bound by all restrictions herein & all limitations on the permission granted herein.." The undersigned acknowledges the presence of a city utility within the Miller Ave. Right of Way &the city's need for access thereto. In the event the city notifies the undersigned of the need for access for maintenance, repair, inspection, replacement or any other purpose & of any interference created by the undersigned's use of this revocable license, including but not limited to the presence of any construction or improvement in the license area, the undersigned will remove or eliminate any such interference within a reasonable time, not to exceed 24 hours in the event of an emergency fully at the expense of the undersigned. This provision is not intended to limit or restrict the City's right to revoke, cancel or terminate this license &to remove at the undersigned's expense any part or all of any construction or improvement placed in the right of way." 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'11 ii; KO' 4 7 I 7 . 7 7 7 / , I - 1 T " . 4 1 .,414;:, , , .. ki* - El - --,1 ci ct 0 < --i - 1- ,-z Lu 0 L-, o ui v < u.1 1-• o ..--". i-- 0 Lu --) f ' . o 4 , oc N >133e:I0 NAci 3saoH AO 3N11 eJaLN0 01 'N. N -......„,s__ on1nnqn7hri 20110.)1.kLayLouncill-ack4g Friends of the Tybee Theater Regular Board Meeting January 16, 2014 Present: Jim Kluttz, Sloan Knudson, Paul DeVivo, Keith Gay, Alfie Waite, Dick Smith, Richard Adams, Karen Penick,Jenny Orr, Greg Stoffler, Rene DeRosset, Paul Gilker, Rich Rutherford, Dan Turberville and Bill Blakey Absent: Sarah Jones Invited Guests: Melissa Turner(staff) Call to Order: Jim Kluttz called the meeting to order at 5:02 pm. New Members: Rich Rutherford, Karen Penick, Rene DeRosset and Dan Turberville were introduced Minutes: December 5th Board Meeting minutes were approved. Building Update: We have signed a contract with architect Neil Dawson. The contract covers all necessary plans which should be ready in 4 weeks. The plans then will go to Turner Construction to develop a cost estimate. A preliminary estimate (exclusive of fees)for this next phase which will give us a certificate of occupancy is expected to be about $500,000. The Building Committee (Dick Smith, Paul Gilker, Dan Turberville, Rich Rutherford and Cullen Chambers)will review the estimate and forward to the Board for approval or rejection. Fundraising Update: Based on our recent mailing,from mid-December to mid-January we received about$6,300 in contributions. Our agreement with Kristen Boylston is expected to call for a 10%commission rate and will be presented to the Board in February for approval. An open issue is a draw against contributions. Committee Reports: Finance: Alfie distributed the November 30, 2013 balance sheet and income statements for the one and eleven months then ended. Cash was$69,000, fixed assets$988,000 and long term liabilities$344,000. November balance sheet and income statement activity was minimal.This year ordinary income is down versus last year due principally to the fall off in donations. Event and Activities Recap: Tybee Yard Sale: The first Tybee Yard Sale in 2014 will be held on Saturday February 15th. Melissa will coordinate this. Greg Stoffler will donate things from the Desoto makeover. We still need donations to sell as well as volunteers to help with the event. Polar Plunge: We made about$11,000 on the plunge this year. Last year was about$7,000 more profitable as we were able to sell prior year shirts which had already been paid for. We will give about$500 this year to the city to give to the life guards. We need to arrange a committee for the 2015 plunge while ideas are still fresh. Wine Festival: The 2014 Tybee Wine Festival tickets will go on sale February first. The festival will be from April 9 to April13. There will be 5 events and ticket prices will be higher. We will need auction items as well as sponsorships and program ads. 201403136CityCouncilPacket Page 126 of 130 20140307/jrl IKEA Donation of Flooring: We received a donation of Ikea flooring which is stacked in the lobby and upstairs of the theater. It is about 4,000 sq. ft. and has a value of$5,000. We will use it for the lobby and upstairs flooring. City of Tybee Island Loan: Our loan from the city is$64,500. Payment terms are$1.00 per theater ticket sold once the theater is opened. Hiring of Melissa Turner: Melissa Turner has been hired as FOTT Executive Director upon her resignation from the Board Theater Seat Storage: We have theater seats chairs in storage that will go into the theater when it is redone. We need to find a new location to store them by the end of January. Theater Board and Officers: The nomination of and voting for Board members and officers were done by email since our last meeting. 2014 Board members are: Richard Adams, Bill Blakey(Secretary), Rene DeRosset, Paul DeVivo, Keith Gay (Vice President), Paul Gilker, Sarah Jones,Jim Kluttz (President), Sloan Knudson,Jenny Orr, Karen Penick, Rich Rutherford, Dick Smith, Greg Stoffler, Dan Turberville,Alfie Waite (Treasurer). 2014 Meeting Dates and Times: After discussion, we agreed Board meetings will continue to be on the 3rd Thursday of each month at 5PM. There will be no July Board Meeting. Adjourned: 6:20 pm. 201403136CityCouncilPacket Page 127 of 130 20140307/jrl INFRASTRUCTURE COMMITTEE MINUTES CITY OF TYBEE ISLAND January 9, 2014 5 P.M. ATTENDEES: Paul Wolff, Diane Schleicher, George Reese, Barry Brown, Chris Stovall (Thomas & Hutton) and Rob Callahan. (Joe Wilson absent) Approve the minutes of the previous meetings—Paul Wolff called the meeting to order; asked for a motion to approve the minutes from the 12.12.13 meeting. Barry Brown motioned to approve. Paul seconded. New Business: Wind Turbine a. Proposed location between W& S Treatment plant and DPW site—Paul Wolff states the location will be on the access road between Public Works and Water/Sewer,pretty much right next to the power house, for the Water/Sewer Plant, so we can tie straight into that; that's going to give us maximum value for the electricity; it's 300 ft. from the nearest house; we couldn't put it anywhere on Tybee and have it be farther from a house. George Reese asked where are we going to get the money to put it up; where's that money coming from. Paul states, there's a new program through GEFA, that they will fund renewable energy that's tied into Wastewater Treatment; the current rate for a 5 year GEFA loan is .57%; the bad news I got yesterday is that the rates are going up January 17th, to 3.31%. Barry Brown asked Paul if he has done a study on how this will affect the Campground and the visitors over there, if it makes any noise at all; have you done a study. Paul replies, yes, it's not going to make any noise;just come Monday. Paul states, we're looking at a net savings of$390,000 over a period of 20 years; that includes paying it off, installation, maintenance, everything; could I have a motion to recommend to Council that staff prepares an application for a GEFA grant for installing the Wind Turbine. Diane Schleicher states that the next City Council meeting is 1.23.14, so you would need a special meeting in order to get this approved before the rates go up. Paul states, let's just hold on this; I'll see how the Wind Forum goes Monday; hopefully we can move forward with the application. b. Public workshop scheduled at city hall—Monday, January 13, 2014 at 6:30 pm—Paul states there's going to be a bunch of folks here, I expect. IL Discuss proposed consent order from EPD/GDNR regarding the sanitary sewer spills that occurred on June 30 and July 13, 2013. a. Paul Wolff states, what is in front of you is a proposed consent order from the EPD; George, Diane and myself met with some of the folks from EPD yesterday; this is in regards to the sewer spills we had last year and the way we responded; I thought we did the best we could; there was some miscommunication. George Reese states that the first spill was reported 201403136CityCouncilPacket Page 128 of 130 20140307/jrl properly; the second one was not; the second spill happened late Friday night (2AM Saturday); we didn't get ahold of EPD until Monday morning; we have rewritten our SOP, so we have all the contact phone numbers and I have trained my staff to the procedures of reporting any future spills. Paul states, basically they're fining us $5000; what I tried to do is, what if, instead of paying you the $5000, we do something that is going to improve water quality; they said you can't do that on Tybee; what if we donate $5000 to Skidaway Island Institute or Merricks; before paying the fine, I would like to see a direct benefit, from our money, to helping water quality in the marsh; in theory, I think they believed that but he said they could lower the fine to $2500,but then you would have to pay 3 times that much to do a project that we approve through the Commissioner, to do what you want to do; so instead of paying $5000, you'd be paying $7500; really more like $10,000; George states,just pay the $5000 and be done with it. Paul states, so what I need from this committee is either a recommendation to come up with a better plan for appeasing EPD, or paying the $5000 fine and just getting it over with; I need someone to make a motion that we recommend to Council, to approve this consent order and pay the fine, and let George go forward with drafting his action plans. Rob Callahan so moved. Barry Brown seconded. Old Business: I. New ADA Sidewalk on Eastside of Butler from 18th Street to 19th Street a. Project to starts this week pending weather—Paul states, it's looking good and should be completed in about a week. II. Update on Jones Avenue: a. Thomas and Hutton, Chris Stovall—Chris Stovall states, we are bidding the project on February 11th, which is 2 days before the following Council meeting; that will give us enough time to review the bids and make our recommendations to Council; we're working through last minute things with GEFA, but it looks like we'll be fine, in terms of getting approvals next week, through GEFA; DOT permits are approved; EPD, the sewer line is now approved; the water line, we have a thing of comments that we need to address; basically, we're ready to move forward; we'll hold a pre- bid conference, here, 2 weeks ahead of time; the 27th of January; 6 months is the time for substantial completion; and then 1 more month to finish the punch list items. Paul Wolff states, we'll make our recommendation to include a request for a 30 day extension, on the 6 month completion, for correcting the issues. III. Sewer Force Main#6: a. Thomas and Hutton, Chris Stovall IV.Elevation to FEMA standards of Well House—Thomas and Hutton, Chris Stovall Chris states, there's 3 programs through FEMA, the PDA (pre-disaster), the flood mitigation assistance program, and another one; they can give anywhere from $100,000, to $250,000; either 50% or 75% of the funds; so those funds are out there; it's kind of a 2 step process where you put in a pre-application; 201403136CityCouncilPacket Page 129 of 130 20140307/jrl they tell you yay or nay if you should go forward or not; within 30 days you have to submit the final application; submit the day they"open"up. Paul Wolff states, what if we have staff identify what is out there; since that will coincide with our budgeting cycle, which begins in March, and ends in June; let's see if went can identify a grant or two that would qualify, before we get an application in; work it through this committee and Council; see if we can cut our cost by 50-75%, on the next well house elevation. Paul states, since this is our first meeting with new Council, we do need to elect a chair; I'll be happy to keep going. Barry Brown states keep going. Rob Callahan agrees. Vote was unanimous to keep Paul Wolff as chair. Paul suggested to start meeting at 5:30 instead of 5:00PM, from here on out. Everybody is in agreement. With no further business to discuss, Paul motioned to adjourn. Barry Brown seconded. A quorum of city council members may be present which would constitute a meeting. Respectfully submitted by Karen Reese on 2.12.14 201403136CityCouncilPacket Page 130 of 130 20140307/jrl