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20140410CityCouncilPacket
Table of Contents 000_000_20140410Agenda 1 050 010 Clk minutes 0402201417002500 - - - - 3 080_010_2014 Agenda Request-Alcohol-Entertainment License-Tybee Island Fish Camp 14 090_010_Agenda Request-Square Seller Agreement-4.10.14 18 090_011_Square Seller Agreement-2014 19 110_010_Maritime Academy lof2 35 110_011_Maritime Academy 2of2 55 110_012_Charter School letter re parking 4.2.14 56 110_020_Benton loft 57 U ntitled 20140403 100801 001 - - - 57 U ntitled 20140403 100801 002 - - - 74 110_021_Benton 2of2 81 110_022_tybee city council 83 110_030_Langley lof2 84 U ntitled 20140403 103824 001 - - - 84 U nt it l ed_20140403_103824_002 106 110_031_Langley 2of2 127 110_040_8 T S Chu Terr lof2 128 110_041_8 T S Chu Terr 2of2 141 110_050_Ord 27-2014; Sec 9-050 Const in High-Wind Regions 143 110_060_Ord 28-2014; Sec 3-080 parking spaces for small vehicles 150 110_070_M i n utes_PC_20140318_D raft 156 Minutes_PC_20140318_ 156 Minutes_PC_20140318_Attachment 183 140_010_2-27-2014 Public Safety Committee Minutes 186 140_011_3 3 15 Public Safety Minutes 190 140_020_fottm i n utes22014 191 AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL APRIL 10, 2014 7:00PM Please silence all cell phones during Council Meetings I. Consideration of Items for Consent Agenda 6:30PM II. Executive Session III. Opening Ceremonies Call to Order Invocation: Jan LeViner Pledge of Allegiance IV. 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, March 27, 2014 VI. Reports of Staff, Boards, Standing Committees and/or Invited Guest Limit reports to 10 minutes. VII. *Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes. VIII. Consideration Local Requests & Applications — Funding, Special Events, Alcohol Licenses 1 Alcohol and Entertainment License Request: Liquor/Beer/Wine/Sunday Sales — Entertainment. Full service restaurant and bar: YummSchumm, LLC DBA Tybee Island Fish Camp, 106 S Campbell Avenue IX. Consideration of Bids, Contracts, Agreements and Expenditures 1 Square Seller Agreement, River's End Campground, Budget Line Item: 555-6180-53-1600 (small equipment)(budgeted) and 555-6180-52-3901 (Fees & Charges)(budgeted) X. Consideration of Approval of Consent Agenda XI. Public Hearings 1 Special Review & Site Plan Approval — consideration of installation of modular buildings — Tybee Island Maritime Academy, 714 Lovell Avenue & Eighth Street/Zone R-2/PINs 4-0005- 19-001 and 4-0005-22-001 2 Minor Subdivision of Land and Variance — consideration of subdividing one lot into three lots — John Benton, 1306 Butler Ave/Zone R-2/PIN 4-0007-05-006 3 Variance — consideration of residential driveway — Crafton Langley, 209 Jones Ave/Zone R- 2/PIN 4-0004-11-009 4 Variance — consideration of setback, greenspace and driveway width — 8 T.S. Chu, LLC, 8 T.S. Chu Terr./Zone C-1/PIN 4-0009-03-012 5 Text Amendment — consideration of amendment to adopted codes, Sections 9-050, Technical Codes Adopted — Residential Construction in High-Wind Regions 6 Text Amendment — consideration of parking space dimensions, Section 3-080, Off-street Parking Requirements — parking space dimensions for small vehicles 7 Planning Commission Minutes, March 18, 2014 XII. Consideration of Ordinances, Resolutions XIII. Council, Officials and City Attorney Considerations & Comments XIV. City Managers Report XV. Minutes of Boards and Committees 1 Public Safety Committee Minutes, February 27 and March 3, 2014 2 Friends of Tybee Theater Minutes, February 2, 2014 XVI. Executive Session 1 Discuss litigation, personnel, and real estate acquisition XVII. Possible vote on litigation, personnel and real estate acquisition discussed in executive session. XVIII. Adjournment *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda,other than public hearings,should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the Clerk of Council's office by Wednesday at noon,eight days prior to the scheduled meeting. Agenda request forms are available outside of the Clerk's office at City Hall and at www.c ityofty bee.o rq. THE VISION OF THE CITY OF TYBEE ISLAND "is to make Tybee Island the premier beach community in which to live, work,and play." I THE MISSION OF THE CITY OF TYBEE ISLAND "is to provide a safe,secure and sustainable environment by delivering superior services through responsible planning,preservation of our natural and historic resources,and partnership with our community to ensure economic opportunity,a vibrant quality of life,and a thriving future." City Council Minutes March 27, 2014 Consideration of Items for Consent Acienda Mayor Buelterman called the consent agenda to order at 6:30PM on March 27, 2014. Those present were Mayor pro tem 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: • City Council Minutes, March 13, 2014 • Alcohol and Entertainment License Request: Liquor/Beer/Wine/Sunday Sales — Entertainment. The Tybee Sand Bar DBA The Sand Bar (new owner) — Food and Bar Service, 1512 Butler Avenue. Discussion: Mr. Wolff asked Ms. Schleicher if all department heads had signed off on the application. She confirmed. • Alcohol License Request— Special Event— Beer, Wine — Paint Georgia Pink, Inc. Paint Georgia Pink for Breast Cancer, Date of event: September 20, 2014. • Special Event Consideration. Paint Coastal Georgia Pink — Man Olympics & 5K Walk for Breast Cancer (September 20) 4PM — 7PM: Memorial Park and 5K loop from Memorial Park to the Lighthouse and back. • Special Event Consideration. EVP PRO-AM (May 10th): 7AM — 6PM; beach area south side of Walter W. Parker Pier& Pavilion. • Special Event Consideration. Tybee Rainbow Fest Parade (May 3): 3PM — 4PM: 4th Street — Butler — Tybrisa — Strand. Radius Media Group. Discussion: Ms. Schleicher clarified that the event has been moved to Saturday, May 3rd so it does not conflict with the Sand Arts Festival on May 4, 2014. • Special Event Consideration. Third Friday Fireworks (April 18, May 16, June 20, July 18, August 15, September 19, October 17, November 21 and December 19): @ dark from the Walter W. Parker Pier and Pavilion. South End Association of Bars and Restaurants (SEABAR). Discussion: Mr. Parks thanked staff for combining all the events into one application and feels this will have a very positive effect for the City. Ms. Doyle asked Ms. Schleicher for clarification of city fees regarding the street sweeper. Ms. Schleicher stated that other organizations have requested fees be waived during the budget cycle and SEABAR being a new organization has not had the same opportunity. Ms. Doyle commented that during the budget cycle for the upcoming FY15 budget, mayor and council need to review the fee structure as in other municipalities, these fees are waived. This will benefit the City through hotel/motel tax, liquor tax, etc. She would ask mayor and council to be open for these discussions during the budget process. Ms. Doyle recommended the fee be waived for this agenda item, $75.00 per hour for two hours. Mayor Buelterman agreed and further recommended that the fees be waived for April 18, May 16 and June 20, 2014. SEABAR will be afforded the opportunity to submit their application during the budget cycle. Ms. Schleicher explained that the community awards associated with the non-profit organizations has been a productive process as a budget is established for each event and the organizations are held to this budget. Mayor Buelterman confirmed with council that fees for street sweeping will only be waived for April 18, May 16, and June 20, 2014. • Public Safety Building — new expense — Terracon quote of $5,142.50 for necessary testing and EPD documentation regarding over flow trash from a closed city garbage dump in an excavation area for drainage. 320-3210-54-1310 (Capital Police Building — 2008 SPLOST). Discussion: Ms. Doyle explained this quote is in regards to borings being done where the proposed retention pond will be 20140410CityCouncilPacket Page 3 of 192 20140404/jrl located at the proposed public safety building. This quote is for the testing and reports for the area and does not include any removal costs. Mayor Buelterman asked for clarification of where the money would be coming from. Ms. Schleicher responded that it would come from SPLOST and there is a possibility there will be a request for a budget adjustment on the removal of the dirt at the proposed site. Mr. Hughes stated that language must be substituted in the contract for the City's terms and conditions not from those submitted by Terracon. 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: Hank Perry, Trinity Chapel United Methodist Church • Pledge of Allegiance Recognitions and Proclamations • Bike to Work Week, May 19 — 23, 2014 • National Bike Month, May 2014 Citizens to be Heard Julia Foster approached mayor and council to speak on the proposed Tybee Island Native American POW WOW and Educational Cultural Festival. This event would be held on the grounds of the Tybee Island Lighthouse and hopes to schedule in November 2014 as November is American Native Month. Ms. Foster described the event as an educational cultural festival for the children. This would be on the first day and the remaining two days would be open to the public with displays of different Native American cultures. Mr. Garbett confirmed with Ms. Foster that she has coordinated the event with Chantel Morton. Mayor and council thanked Ms. Foster. Barry Brown made a motion to approve the consent agenda as amended to include: • Waiving of the street sweeping fees for April 18, May 16 and June 20, 2014 only for Third Friday Fireworks • The City's terms and conditions to be substituted for Terracon' s terms and conditions in the quote for necessary testing at the new Public Safety Building Monty Parks seconded. Vote was unanimous, 6-0. Consideration of Ordinances and Resolutions Second Reading, 6-2014, Section 14-030D and 14-050, Creation of a Historic Preserw,Mon Commission. Paul Wolff made a motion to approve. Bill Garbett seconded. Vote was unanimous, 6-0. Second Reading, 13B-2014, Sec 3-080—Off-street parking requirements. Wanda Doyle recused. Mayor Buelterman read correspondence from Eddie Sheppard (attached) regarding cost difference between permeable and normal pavers. Paul Wolff made a motion to approve. Monty Parks seconded. Discussion: Mr. Brown voiced his concerns regarding this ordinance and feels there needs to be a maintenance plan in place to keep the pavers clean. He stated that he is not in favor of this ordinance. Mayor Buelterman stated that he disagrees with the proposed ordinance as well. Mr. Parks stated that from his point of view, storm water run-off, given the proximity to the marsh and other environmentally sensitive areas, is a critical item. The ordinance as it stands may have areas that could be improved but feels it is a good ordinance as it does what he would like it to do such as protecting the Island. Voting in favor were Paul Wolff and Monty Parks. Voting against were Rob Callahan, Barry Brown and Bill Garbett. Motion failed 3-2. Mayor Buelterman asked Mr. Hughes if staff needs clarification on how to proceed. Mr. Hughes 20140410CityCouncilPacket Page 4 of 192 20140404/jrl confirmed. He stated that what is in place currently is the one hour standard for meeting the permeability requirement without testing. Mr. Hughes explained the current requirement regarding the replacement of a driveway or new driveway; replacement being more than 50%; the resident would be required to use pavers that would retain at least the first inch of run-off. There is also no testing required. Mayor Buelterman confirmed. There was a discussion regarding how to move forward to include proper procedures. Barry Brown made a motion for Mr. Hughes to draft a new ordinance that would repeal 13B- 2014 for residential driveways. Bill Garbett seconded. Voting in favor was Rob Callahan, Barry Brown and Bill Garbett. Voting against was Paul Wolff and Monty Parks. Motion passed 3-2. Clerk's note: Mayor Buelterman misstated the vote as being 3 opposed. Map Amendment — adoption of new Zoning Map. Wanda Doyle made a motion to approve. Paul Wolff second. Discussion: Mayor Buelterman stated that the Zoning Map, both the current and proposed maps, are in the room. Mr. Hughes clarified the zoning map establishes districts and does not change lot lines, sub-dividing of property, and the re-combinations of property which does not need to reflect on this map, just the zoning. Ms. Doyle expressed her concerns with Chatham County updating the Savannah Area Geographic Information System (SAGIS) maps. Mr. Hughes responded that the SAGIS maps are updated on a yearly basis. Vote was unanimous, 6-0. Second Reading, 19-2014, Sec 4-020, District Boundaries. Paul Wolff made a motion to approve. Barry Brown seconded. Vote was unanimous, 6-0. Second Reading, 21-2014, Sec 13-016 —Adoption of Map. Paul Wolff made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 6-0. Council, Officials and City Attorney Considerations and Comments Wanda Doyle gave a short update on the Public Safety Building reporting that half of the concrete has been poured with the remainder to be poured on Tuesday, April 1, 2014. The setting of structural steel will also begin the week of April 1, 2014. Wanda Doyle stated it is her goal to establish a Finance Committee which would consist of the mayor and two council members. This committee would be structured much as the Public Safety and Infrastructure Committees. Ms. Doyle recommended there be quarterly meetings which would be set by the Finance Director and City Manager. It is not her desire to Restructure the Audit Committee at this time but to begin to look at the possibilities of establishing a Finance Committee. With the mayor sitting on this committee, he would have the knowledge to speak to the media regarding the budget and have necessary information at hand. Mayor Buelterman asked if the Georgia Accounting Standard has a recommended format for the proposed Finance Committee which would include proposed bylaws. Ms. Doyle responded that she did not see anything and referred to Mr. Hughes. Mr. Hughes commented that the Finance Committee should be of the elected officials and not management and independent citizens. Mr. Brown stated that the present members on the Audit Committee are competent and he would not want to be on the Finance Committee as he does not have the knowledge to do so. Mayor Buelterman stated that he would like to be more engaged with the proposed Finance Committee as he would have day to day knowledge and would ask Ms. Doyle to continue with the research and bring back to a future council meeting. Ms. Doyle confirmed. 20140410CityCouncilPacket Page 5 of 192 20140404/jrl Wanda Doyle stated she has concerns with Council Procedures as mayor and council needs to be more respectful of the clerk and the IT Department with waiting to be recognized prior to speaking. Mr. Garbett concurred and would ask Mayor Buelterman to enforce the order of business during the meeting. Mayor Buelterman concurred and thanked Ms. Doyle. Monty Parks discussed his recommendation with the Three Pole Option at the entrance of the Island. Monty Parks made a motion to add a third pole at the existing banner location near the anchor at the entrance of the Island. Paul Wolff seconded. Discussion: Mr. Parks showed a picture depicting the proposed location and stated that the Department of Public Works has the required materials and can proceed as soon as mayor and council approve this item. He continued by stating, with the adding of the third pole, it would allow smaller organizations to post their banners announcing events. Ms. Doyle stated she is opposed to the third pole as it is setting precedence and opens the door for additional poles in Memorial Park and other locations on the Island. She feels that it is considered littering and clutter. Mr. Brown stated he is in agreement with Ms. Doyle. Voting in favor were Paul Wolff, Rob Callahan and Monty Parks. Voting against was Wanda Doyle, Barry Brown and Bill Garbett. Mr. Garbett voiced his concerns and would ask that the rules regarding the signs be enforced. Mayor Buelterman voting in favor. Motion carried 4-3. Monty Parks stated that his basic goal is to add murals at the South End Business Overlay. He explained that if you are a business owner, have a wall and it is your desire to put up a mural, decorate, be colorful and enhance the Island you should be afforded the privilege to do so. This currently is not allowed. Mr. Parks recommended not a change in the ordinance only a policy change. He would ask mayor and council to approve him moving forward with this. Ms. Doyle proposed that Mr. Parks coordinate with the Main Street Board and Design Committee. Mr. Parks concurred. Mayor Buelterman agreed with Mr. Parks. Mr. Hughes suggested that the Better Hometown Board discuss this at their next meeting to include the possibility of including other districts. Mr. Parks concurred. Mr. Brown expressed his concerns with this agenda item with the controlling of what is put on the walls. Mr. Garbett stated that he likes murals and his only concern is the distinction between what would be considered a sign and what would be considered a piece of art. He would recommend this comes back at a future council meeting for further discussion. City Managers Report • Action Item List • Short Term Work Program Wanda Doyle made a motion to adjourn to Executive Session to discuss litigation, personnel and real estate acquisition. Paul Wolff seconded. Vote was unanimous Bill Garbett made a motion to return to regular session. Wanda Doyle seconded. Vote was unanimous. Rob Callahan made a motion to adjourn. Bill Earbett seconded. Vote was unanimous. Meeting adjourned at 8:35PM 20140410CityCouncilPacket Page 6 of 192 20140404/jrl 1114 Jones Avenue Tybee Island, GA 31328 March 23, 2014 Mayor Jason Buelterman City of Tybee 401 Butler Avenue Tybee Island, GA 31328 Dear Honorable Mayor, I objec to the proposed ordinance Section 3-080 Off-Street Parking Requirements, on the following grounds. High Construction Cost of Permeable Payers A. GA Coastal Stormwater Supplement Pg. 7-85 B. Cost Estimate Permeable Payers $8.150.00 C. Cost Estimate Concrete Paving $2.890.00 High Maintenance A. GA Coastal Stormwater Supplement Pg. 7'93. Pg. 7'94 B. Photos of Existing Permeable Payers Copies of referenced documents and photographs are enclosed for your review. Routine Maintenance of permeable pavers is not required in the ordinance; nor can it be enforced, which negates the entire purpose of this ordinance. The CcstJ Benefit ratio is an invalid assumption. In conclusion, I respectfully request ordinance Section 3-080 on single family property be repealed. Sincerely, �^�~� �`���~ ���� Eddie Sheppard (912) 648-0548 Copies to Members of City Council 20140410o|tyoounonpuoxot Page 7 of 192 20140404/n SOUTHERN ?AVERS P. 0. Box 15874 • 1000-G Eisenhower Drive Savannah, GA 31416 • (912) 354-8092 QUOTATION/SALES CONTRACT Ref: MR. ED SHEPPA' I SAME 1114 JONES AVE. TYtEE ISLAND, GA. 31415 Southern Pavers proposes to furnish and install standard concrete interlocking pavers in standard grey cement colors, as per plans and instructions. (White cement colors are extra). Standard shapes are — 4 x 8 Holland Stone, Old Towne (3 pcs), Mega Old Towne (3 pcs), Decor, and Cobblestone. Style: PERVIOUS PAVERS Color: TO BE SELECTED Border: SAME Color: SAME Manufacturer: TREMRON PRODUCTS FURNISH AND INSTALL CONCRETE INTERLOCKING PAVERS AS PER PLANS AND INSTRUCTIONS. INSTALL NEW PAVER DRIVEWAY $8150.00* *THIS PRICE INCLUDES REMOVAL AND DISPOSAL OF WHfiTE GRAVEL ON EXISTING DRIVEWAY ADDING 4" OF #57 STONE, APPROX 2" OF #89 STONE, PERVIOUS PAVERS, AND ALL TOOLS & LABOR TO INSTALL. ED SHEPPARD SOUTHERN PAVERS Date: 3/26/2014 20140410CityCounalPacket Page 8 of 192 20140404/d L. vihite's Construction Corm. -Iny, inc. 81.6 SC 29449 PROPOSAL: RE: Concrete Drive- 1114 Jones Avenue, Tybee Island, GA 31328 5/8/08 Furnish Material, Labor& Equipment Install 38'x 25'Concrete Drive Material Includes 3000 psi Concrete 10/10 Wire Mesh 2 each No.4 Re-Bar Perimeter Total: $2,860.00 201404040 20140410CityCouncilPacket Page 9 of 192 Georgia Coastal Stormwater Supplement April 2009 7.8.4 Permeable Pavements Description Permeable pavements represent an alternative to traditional impervious paving surfaces. They typically consist of an underlying drainage layer and an -I1 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. This allows permeable pavement systems to provide measurable reductions in post-construction stormwater runoff rates, volumes and pollutant loads. (Source:Center for Watershed Protection) KEY CONSIDERATIONS STORMWATER MANAGEMENT "CREDITS" DESiGN CRITERIA: • Permeable pavement systems should be Q Runoff Reduction designed to completely drain within 48 hours of the end of a rainfall event nu Water Quality Protection • If the infiltration rate of the native soils located Q Aquatic Resource Protection beneath,a permeable pavement system do not Q Overbank Flood Protection meet or exceed 0.25 in/hr, an underdrain should Q Extreme Flood Protection be included in the design • Permeable pavement systems should generally IZI=practice has been assigned not be used to "receive" any stormwater runoff quantifiable stormwater management generated elsewhere on the development site "credits"that can be used to address this SWM Criteria BENEFITS: • Helps reduce post-construction stormwater runoff STORMWATER MANAGEMENT rates, volumes and pollutant loads without PRACTICE PERFORMANCE consuming valuable land • Particularly well suited for use on urban Runoff Reduction development sites and in low traffic areas, such 45%-75%-Annual Runoff Volume as overflow parking lots Varies1 - Runoff Reduction Volume LIMITATIONS: Pollutant Removal2 • Relatively high construction costs,which are 80% Total Suspended Solids typically offset by savings on stormwater 50% Total Phosphorus infrastructure (e.g., storm drain system) 50%-Total Nitrogen • Permeable pavement systems should be 60%- Metals installed only by experienced personnel N/A- Pathogens SITE APPLICABILITY 1 =:varies according to storage capacity of the permeable pavement system * Rural Use © Construction Cost .2=expected annual pollutant load removal Q Suburban Use © Maintenance Q Urban Use II Area Required Georgia Coastal Stormwater Supplement 7-85 20140410CityCouncilPacket Page 10 of 192 20140404/jr1 Georgia Coastal Stormwater Supplement April 2009 storm events are able to safely bypass the permeable pavement system. An overflow system should be designed to convey the stormwater runoff generated by these larger storm events safely off of the pavement surface. Methods that can be used to accommodate the stormwater runoff rates and volumes generated by these larger storm events include: o Allowing excess stormwater runoff to be safely conveyed off of the permeable pavement surface via sheet flow. o Using storm drain inlets set slightly above the elevation of the permeable pavement surface to collect excess stormwater runoff. This will create some ponding on the surface of the permeable pavement system, but can be used to safely convey excess stormwater runoff off of the permeable pavement surface. o Placing a perforated pipe (e.g., underdrain) near the top of the stone reservoir to provide additional conveyance of stormwater runoff after the stone reservoir has been filled. o Placing an underground detention system (Section 8.7) beneath or adjacent to the permeable pavement system. Construction Considerations To help ensure that permeable pavement systems are successfully installed on a development site, site planning and design teams should consider the following recommendations: • To help prevent soil compaction, heavy vehicular and foot traffic should be kept out of permeable pavement areas before, during and immediately after construction. This can typically be accomplished by clearly delineating permeable pavement areas on all development plans and, if necessary, protecting them with temporary construction fencing. o Excavation for permeable pavement systems should be limited to the width and depth specified in the development plans. Excavated material should be placed away from the excavation so as not to jeopardize the stability of the side walls. o The native soils along the bottom of the permeable pavement system should be scarified or tilled to a depth of 3 to 4 inches prior to the placement of the choker stone, underdrain and stone reservoir. e The sides of all excavations should be trimmed of all large roots that will hamper the installation of the permeable filter fabric used to line the sides of the stone reservoir. Maintenance Requirements Maintenance is very important for permeable pavement systems, particularly in terms of ensuring that they continue to provide measurable stormwater management benefits over time. Consequently, a legally binding inspection and maintenance agreement and plan should be created to help ensure that they are properly maintained after construction is complete. Table 7.14 provides a list of the routine maintenance activities typically associated with permeable pavement systems. Table 7.14: Routine Maintenance Activities Typically Associated with Permeable Pavement Systems jnr'ut 'ISIS .w.?n ?:'VN Y"Zb+ Activity, .. c`i i ile'" . © Inspect to ensure that the permeable pavement surface is clear of sediment and debris. Remove any accumulated sediment and debris. Monthly Check the permeable pavement system for excessive ponding and dead or dying vegetation (if applicable). Take appropriate remedial action as needed. Georgia Coastal Stormwater Supplement 7-93 20140410CityCouncilPacket Page 11 of 192 20140404/jrl Georgia Coastal Stormwater Supplement April 2009 Table 7.14: Routine Maintenance Activilies Typically Associated with Permeab|ePavemn�nt Systems = ▪ Vacuum sweep permeable pavement surface to Quarterly keep the su�ace�8anfsediment. ' O Inspect permeable pavement system for drawdown following rainfall events. Failure to drawdown within 72 hours after the end of a rainfall event may indicate permeable pavement system failure. Annually • Inspect permeable pavement surface for deterioration or spalling. Repair or replace any damaged areas as needed. o Rehabilitate the permeable pavement system, including the surface course and stone reservoir. Upon System Failure ____ Additional Resources Hunt, W. and K. Collins. 2008. "Permeable Pavement: Research Update and Design Implications." North Carolina Cooperative Extension Service Bulletin. Urban Waterways Series. AG-588-14. North Carolina State University. Raleigh, NC. Available Online: http://vvwvv.baa.nCsu.edu/stormvvater/Pub|icadonFi|e5/PermPave2OO8.pdf. Atlanta Regional Commission (ARC). 2001. "Porous Concrete." Georgia JlDrmN/atS[ Management Manual. Volume 2. Technical Handbook. Section 3.3.7. Atlanta Regional Commission. Atlanta, GA. Available Online: http://wxxxw.georgia stormwater.com/. Atlanta Regional Commission (ARC). 2001. "Modular Porous Paver Systems." Stonnm^eter - Management Manual. Volume 2. Technical Handbook. Section 3.3.8. Atlanta Regional Commission. Atlanta, GA. Available Online: http://www. georgiastormwater.com/. Georgia Coastal Stormwater Supplement 7-94 20140410CityCouncilPacket Page 12 of 192 20140404/y1 I if i .,, • • r. ":t:,,,, :447' ‘' 1 v Alt, • . / ...1,,.,,-,--4_, , li k ,,,,, ,,.,,,,,,, , ,..., k° 1 s La 41 f /� • . _ - F -, -_ 44000,00156;e4 L - 4 : - --.-- mx+ b„ ' d. . .„. i. , it - , ._-. _ rr = ' -� ...-' k .....", .t.,_11.-- - --..,,, , , --------, ,, ... . . . , .., -- ---kn...0*, , ..i-'—' , 20140410CityCouncilPacket Page 13 of 192 20140404/jrl MAYOR CITY MANAGER ' Jason Buelterman r Diane Schleicher CITY COUNCIL CLERK.OF COUNCIL Wanda Doyle, Mayor Pro Tern Janet LeViner Bill Garbett 1 Paul Wolff / CITY ATTORNEY Rob Callahan Edward M.Hughes Monty Parks Barry Brown 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: April 10, 2014 Item: Alcohol and Entertainment License Request: Liquor/Beer/Wine/Sunday Sales- Entertainment Explanation: Full service restaurant and bar: YummSchumm, LLC DBA Tybee Island Fish Camp 106 South Cam.bell Ave (In location of former Jitterbug Cafe) Budget Line Item Number(if applicable): Paper Work: X Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to ileviner ,cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Sharon S. Shaver Phone/Email:472-5072 1 sshaver@cityoftybee.org Comments: Date given to Clerk of Council April 3,2014 .0.Box 2749—4 03 Butler Avenue,Tybee Island,Georgia 31328-2749 (866)786-4573—FAX(866)786-5832 www.cityaftybee.org 20140410CityCouncilPacket Page 14 of 192 20140404/jrl � CITY OF TYBEE ISLAND 1.1-' -;,—,, ALCOHOL LICENSE APPLICATION iJ Application is hereby made for a license to do business within the City of Tybee Island as a dealer in alcoholic beverages as indicated below: LICENSE CLASSIFICATION FEE CHECK Notice: The applicant Retail Beer/Wine-Package Sales Only,Consumption on Premises Prohibited $ 350 for a license shall be a citizen of the United Retail Beer/Wine-Sale by Drink for Consumption on Premises Only 575 States, a resident of Retail Liquor-Sale by Package Only,Consumption on Premises Prohibited 850 Chatham County, and Retail Liquor-Sale by Drink for Consumption on Premises Only 1,250 t,/" owner of the business Retail Liquor-Sale by Package&Drink both in One Building under One Ownership 2,000 or if a corporation, Sunday Sales,Sale by Drink for Consumption on Premises Only 150 ✓ partnership or other Sunday Sales-Package Sales Only 50 legal entity is the Wholesale Beer 765 owner, a substantial Wholesale Liquor 1,500 and major stockholder Wholesale Wine 150 or the applicant may be Distiller,Brewer,or Manufacturer of Alcoholic Beverages 300 the manager of the Special Event-Public or Private Property-Beer,Wine(no current license)per event 50 business charged with Special Event-Public or Private Property-Beer,Wine(no current license)3 days 100 the regular operation of Special Event-Public or Private Property-Beer,Wine(holding current license)per event 10 said business on the Special Event-Business Property-Beer,Wine, Liquor(no current license)per event 50 premises for which the Special Event-Business Property-Beer,Wine, Liquor(no current license)3 days 100 license is issued. Special Event-Business Property-Beer,Wine, Liquor(holding current license)per event 10 Business Name Location 1 Nil Q_ L o� Mailing Address Lf 1- in i_si..„, 1 Phone ( ' � .S---2- 3 S03 .f 1 Email Lic,vi er'4 Q 1,2a U '- ii. a-- Names and Home Addresses of Owners, Partners or Corporate Officers with Ten Percent(10%)Interest in Business Names(attach additional pages if necessary) Date of Birth Home Addresses City,State,Zip Social Security# 6111 S .,•-.- 44011'v/I . r ti4°CI i NC S Ale. • 171 tWO ta,(44-;.-031e If special event,date(s)of event Is business incorporated? 'ICS State of Incorporation Date Incorporated _ Names of landlord of the business location J TA` 1'O Address Phone �J®. ,.7 Q .S'7 M7 What other business is conducted at this location? Has application been made for required State and Federal Licenses? ` Has applicant,any person connected with,or any person having an interest in this business: a ever been convicted of any violation of law other than for a traffic violation? I ,-5 o ever served time in prison or other correctional institution? N'O o ever had an alcohol beverage license suspended or revoked at any time in any location? (if answer is yes,give details) 7'Ug6-m-v I . )COO 1F►�' i spprio 47A4,i, .IEav Airy ,C1UE elosrip 11.113 If this application is for RENEWAL of an existing license,enter License Number of existing license If business is an eating establishment,are SUNDAY sales of alcoholic beverages contemplated? [ `'�, If yes,submit additional affidavit. ALL OF THE FOREGOING INFORMATION IS HEREBY GIVEN AND ALL OF THE FOREGOING STATEMENTS ARE HEREBY MADE ON OATH WILLFULLY,KNOWINGLY, D ABSOLUTELY,AND THE SAME IS AND ARE HEREBY SWORN TO ME TO BE TRUE UNDER PENALTY OF LAW. ili Applicant Signature r Date 3_ `J 1 - /4 Approval Signature Date _ City Manager Swor .• ; • _ubscribed bef• • m- l' ,r'' 1 day of N1• t, zoning 4/'4 I I-10-4,4--4------ Police . z i 'r- �, - City Council No as ,.•llic SHARON S.SHAVER 20140410CityCouncilPacket Notary Public,Chad vatti096A 20140404/jrl My Commission Expires Dec. 5, 2015 . ,v_,... .----,,,,, , CITY OF TYBEE ISLAND Fee $50 i ENTERTAINMENT LICENSE APPLICATION s, `be penalty fa a \�",. .4 renewal payment made . ,s' Chapter 34, Article VII, Entertainment Licenses after March 31. 41FVMMStAitiMAit 1.1.4:, alb(a Business Name •-r—ve t 943 IF Chi Business Location 10 b 4 C-44,4 e l% - , Mailing Address . ® .NC �W a; -�-�e t ,(IA. 2,132-5 Business Phone Other Phone Emai Federal ID#4 L„_. .0.bigc/ -7 State Sales Tax ID# NAICS Code Business Type(circle one) Sole Proprietor Partnership Corporation Agpo Non-Profit Other: Names and home addresses of Owners, Partners or Corporate Officers Name Home Address City, State,Zip Title KiAeri SC44 t r-4 r tif09 t 4 , -f a c i k1 t 3/34$' &do tg A . The nature of any and all commercial acttiyities conducted at the location: Proposed hours offooperation: P4444-61 Oth1;41E,a-- Describe any efforts to mitigate impacts on neighbors or occupants of nearby properties: Contact information for the designated manager or contact person available twenty-four hours a day for any operational issues. The license holder must notify the City of Tybee Island immediately of any change to this designated contact information. Narn Physical A ress ' Phone s �. rv1 14'09 fi,e0C. _T ? +C 21 c.q Z.. y 7'/ Has this business or anyone connected with this business been cited or charged with any violation of Georgia Law,Federal Law, Local Ordinance or any Rule or Regulation of the State Revenu?Commissioner or any Rule or Regulation of the City or County within the past 12 months? (circle one) �� r NO (If YES, list details below) ��--nPi3'1 } v4-r . MI) LIYVAr Th1 tr./ is 43 i# LOwt. vE-1J L Oily►•`�r..s:Z.. .} Applicant Signature Date 7a'3�. Printed Name ktA2TI s � P rvi Received by Date ROUTE APPROVE or DENY SIGNATURE DATE RECOMMENDED RESTRICT1ONS/CONDITIONS City Manager Planning&Zoning Mgr. Police Chief Fire Chief Mayor/City Council Date of consideration: Approved with restrictions or conditions: Reason for denial: Date mailed to applicant: 403 Butler Avenue, P.O. Box 2749, Tybee Island, Georgia 31328-2749 (912) 786-4573 FAX (912) 786-5832 www.cityoftybee.org 20140410CityCouncilPacket Page 16 of 192 20140404/jrl CONSENT FORM is required for ALL alcohol license applications. CONSENT FORM I HEREBY AUTHORIZE THE TYBEE ISLAND POLICE DEPARTMENT TO REQUEST ANY CRIMINAL BACKGROUND HISTORY RECORD INFORMATION PERTAINING TO ME WHICH MAY BE IN THE FILES OF ANY STATE OR LOCAL CRIMINAL JUSTICE AGENCY. BE IT FURTHER UNDERSTOOD THAT THE PURPOSE OF OBTAINING THIS INFORMATION IS TO SATISFY THE REQUIREMENTS SET FORTH BY THE MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND,REGARDING AN ALCOHOL BEVERAGE LICENSE APPLICATION. ji,4_14 , , FULL NAME(PRINT) SEX I CE / DATE OF BIRTH ESADD RES SOCIA_SECURITY NUMBER v. t 1470 1 J�7 sIGNA�[UR DATE CITY STATE,ZIP / C-460//k114 4)r 4.4/ The ACKNOWLEDGEMENT is required for all LIQUOR BY THE DRINK alcohol license applications. ACKNOWLEDGEMENT I declare knowl-.2e and understanding of Municipal Code Section 58-80: There is levied an excise tax on the sale of distilled spirits +y the • ink in the amount of three percent of the charge to the public for the beverage. KW. 3 s/./ SIGNATUR' DATE The AFFIDAVIT is required if SUNDAY SALES of alcohol for consumption on premises are contemplated. Food and beverage sales records prepared by a CPA are required to be furnished to the City upon request. STATE OF GEORGIA COUNTY OF CHATHAM CITY OF TYBEE ISLAND AFFIDAVIT I, VU ,;S r/t.r /t. , do hereby make this affidavit to be part of my application for an alcohol beverage license in the City of Tybee Island to sell distilled spirits, malt beverages and/or wine for the consumption on the premises in my eating establishment on Sunday. Said establishment is located at tv S, L ezEL ,,. — ,Tybee Island, Georgia. I am the D r . of the establishment known as - 100 I hereby further state that at least fifty percent (50%) of the total annual gross food and beverage sales are derived from the ale of prepared meals or food. SIGNATURE DATE Approved Denied .. Chief of Police iri ■ Date 20140410CityCouncilPacket Page 17 of 192 20140404/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: April 10, 2014 Item: Request for Approval of Square Seller Agreement to enable Campground Staff& Camp Hosts to Increase Sales of Firewood & Ice to Park Guests During/After Store Operating Hours,Until 10PM. Explanation: Sale of firewood and ice will take place from tablet mounted to the campground golf cart and sold throughout the park during the operating day, as well as after store operating hours (6PM-10PM). No cash transactions will take place and only a limited inventory selection will be offered(firewood/ice)to limit store inventory access after-hours, etc. Seller agreement is similar in nature to JetPay agreement, the credit merchant processor that currently processes online reservations, however the fees are less & and more user-friendly. Additionally, separate reports with each make processing payments easier with separate credit merchants. Budget Line Item Number(if applicable): 555-6180-53-1600 (Small Equipment) (budgeted) 555-6180-52-3901 (Fees & Charges) (budgeted) Paper Work: X Attached* Already Distributed To Be Handed Out at Council Meeting Audio/Video Presentation** (by Requester) ** 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: Woody Hemphill, Campground Manager Phone/Email: 912.257.9890: cell; whemphill@cityoftybee.org Comments: Additional revenue stream and little additional processing/administration Date given to Clerk of Council 4/3/14 20140410CityCouncilPacket Page 18 of 192 20140404/jrl Square Seller Agreement Last updated: 02/21/2014 This Seller Agreement("Agreement") is a legal agreement between you ("you," "your") and Square, Inc. ("Square," "we," "our" or"us") governing your use of Square's mobile applications and websites (including Square Market),payment processing services, hardware, and other products and services (together, the "Services"). Please read this Agreement carefully. This Agreement is divided into two parts. Part One explains the terms that govern your use of the Services. Part Two contains additional legal terms, including provisions that limit our liability to you and require individual arbitration for any potential legal dispute. To use the Services, you must accept all of the terms of this Agreement. Part One: Terms Governing Use of the Service 1. Square Account Registration You must open an account with Square (a"Square Account") to use the Services. Our registration process will ask you for information including your name and other personal information. You must provide accurate and complete information in response to our questions. You must complete this and other processes to access any funds that you accept through the Services. You must also keep the information that you provide up-to-date. We reserve the right to suspend or terminate the Square Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements. 2. Name You must use your or your business' true and accurate name when signing up for a Square Account. Ideally, the name you choose will be a reasonably descriptive name that clearly identifies you or your business. This name will appear on the Buyer's credit or debit card statement for all payments you accept using the Services. 3. Software The software associated with mobile and website applications and hardware products is part of the Services. Among other things, the software enables you to access and use the Services. You must install any and all software updates to continue to use the Services. 4. Verification and Inspection If your request to open a Square Account is approved, Square may request additional information from you at any time. Square may ask you to present invoices from your suppliers, a government issued identification such as a passport or driver's license, or a business license. Square may also ask for permission to inspect your business location. If you refuse any of these requests, your Square Account may be suspended or terminated. 5. Compatible Mobile Devices and Third Party Carriers Your Square Account permits you to accept payment Card transactions, and to account for cash transactions, on compatible mobile devices. Devices modified contrary to the manufacturer's software or hardware guidelines, including but not limited to those with disabled hardware or software controls—sometimes referred to as "jail broken"—are not compatible mobile devices. You acknowledge that the use of a modified device to use the Services is expressly prohibited, constitutes a violation of the terms of this Agreement, and is grounds for termination of your Square Account. Square does not warrant that the Services will be compatible with your mobile device or third party carrier. 20140410CityCouncilPacket Page 19 of 192 20140404/jrl Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer and your carrier. 6. Your Square Account By creating a Square Account, you confirm that you are either a legal resident of the United States, a United States citizen, or a business entity authorized to conduct business by the state(s) in which you operate. The Services and your Square Account may only be used for business purposes in the fifty states of the United States of America and the District of Columbia. You may not export the Services directly or indirectly, and you acknowledge that the Services may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII). By creating a Square Account, you also confirm that you will not accept payments in connection with the following businesses or business activities: (1) any illegal activity or goods, (2)buyers or membership clubs, including dues associated with such clubs, (3) credit counseling or credit repair agencies, (4) credit protection or identity theft protection services, (5) direct marketing or subscription offers or services, (6) infomercial sales, (7) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (8)unauthorized multi-level marketing businesses, (9) inbound or outbound telemarketers, (10)prepaid phone cards or phone services, (11)rebate based businesses, (12)up-sell merchants, (13)bill payment services, (14)betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (15)manual or automated cash disbursements, (16) prepaid cards, checks, or other financial merchandise or services, (17) sales of money-orders or foreign currency, (18) wire transfer money orders, (19) high-risk products and services, including telemarketing sales, (20) service station merchants, (21) automated fuel dispensers, (22) adult entertainment oriented products or services (in any medium, including internet, telephone, or printed material), (23) sales of(i) firearms, firearm parts or hardware, and ammunition; or(ii)weapons and other devices designed to cause physical injury(24) internet/mail order/telephone order cigarette or tobacco sales, (25) drug paraphernalia, (26) occult materials, (27)hate or harmful products, (28) escort services, (29)bankruptcy attorneys or collection agencies engaged in the collection of debt. Your Square Account permits you to offer loyalty programs to your Buyers. If you offer such a loyalty program, you(and not Square) are responsible for ensuring that your program and any associated rewards are compliant with applicable federal and state laws, including laws governing prepaid cards and special offers such as rebates and coupons. You agree to make available to your Buyers any terms and conditions applicable to your loyalty program. 7. Our Role The Services allow you to accept payments, including Card-based payments initiated with Cards bearing the trademarks of MasterCard International Inc. and Visa Inc. (collectively, the "Networks"). We are not a bank and we do not offer banking services as defined by the United States Department of Treasury. As a payment service provider, Square facilitates the processing of payments you receive from your Buyers. This means that we collect, analyze and relay information generated in connection with these payments. In order to serve in this role, we must enter into agreements with Networks,processors and acquiring banks. In some cases, Visa and MasterCard require that our Sellers enter into an agreement directly with Square's acquiring bank. If you are such a Seller we will provide you a"Commercial Entity Agreement" that you must complete in order to use the Services. This may happen during the registration process or at some other time. If you fail to complete a"Commercial Entity Agreement,"we may suspend or terminate your Square Account. Similarly, if you are a high value customer, American Express may require that you maintain your agreement 20140410CityCouncilPacket Page 20 of 192 20140404/jrl directly with them and designate Square as your agent for American Express payments. If that is the case, you will be notified of such requirement. 8. Your Authorization You authorize us to hold, receive, and disburse funds on your behalf Your authorization permits us to generate a paper draft or an electronic funds transfer to process each payment transaction that you authorize. Your authorizations will remain in full force and effect until your Square Account is closed or terminated. 9. Restricted Use Square-provided hardware products are for your use with the Services, and you may not act as a hardware product reseller. You may not act as a payment intermediary, aggregator or service bureau or otherwise resell the Services on behalf of any third party. This means that you may not use the Services to handle,process or transmit funds for any third party. You also may not use the Services to process cash advances. 10. Unauthorized or Illegal Use We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of this Agreement or any other Square agreement, or that it exposes you, other Square customers, our processors or Square to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Square Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Square Account, and any of your transactions with law enforcement. 11. Accepted Cards Square works with any US-issued and most non-US issued credit, debit,prepaid, or gift cards ("Cards")with a Visa, MasterCard, American Express, or Discover logo. We may remove or add Cards that we accept at any time without prior notice. We will generally only process Cards that receive an authorization from the applicable Network and Card issuer. You understand that there may be times when the Buyer may not be the authorized user of the Card or that such Buyer may otherwise contest the transaction through the Chargeback process (described below). You agree to comply with the Chargeback process and to liability associated with such Chargebacks. 12. Applicable Network Rules The Networks require that you and Square comply with all applicable bylaws, rules, and regulations ("Network Rules"). The Networks amend their rules and regulations from time to time. Square may be required to change this Agreement in connection with amendments to the Network Rules. Significant portions of the Network Rules are available to the public at www.visa.com, www.mastercard.com, and www.americanexpress.com. Network Rules currently prohibit you from dispensing cash on any Card transaction. The Rules also restrict your ability to assess a surcharge or split a single transaction in to multiple transactions except in certain limited situations. Your use of Network logos is governed by the Rules; you agree to familiarize yourself with and to comply with these requirements. 13. Underwriting 20140410CityCouncilPacket Page 21 of 192 20140404/jr1 Square will review the information that you submit in connection with your request to sign up for the Services. You agree that Square may share information about you and your Square Account with its processor and/or acquiring bank. After you submit your application, Square or its processor and/or acquiring bank may conclude that you will not be permitted to use the Services. You authorize Square to request identity verifying information about you, including a consumer report that contains your name and address. You further agree that Square may periodically obtain additional reports to determine whether you continue to meet the requirements for a Square Account. You agree that Square is permitted to share information about you and your application(including whether you are approved or declined), and your Square Account with your bank or other financial institution. This includes sharing information(a) about your transactions for regulatory or compliance purposes, (b) for use in connection with the management and maintenance of the Service, (c) to create and update their customer records about you and to assist them in better serving you, and(d) to conduct Square's risk management process. 14. Our Fees You agree to pay the applicable fees listed on our Fee Schedule ("Fees") for use of the Services. Subject to the terms of this Agreement, we reserve the right to change our Fees upon thirty days' advance notice. You must agree to the change in Fees to continue to use the Services. To withdraw your consent, you will need to close your Square Account. All Balances and all Fees, charges, and payments collected or paid through the Services are denominated in US dollars. 15a. Access to Square Account Funds Subject to the payout schedule identified below,we will deposit amounts received by us for transactions you submit through the Services (less any applicable Fees)to your verified bank account. In the event the bank account you link to your Square Account is incorrect and Square is not able to debit or credit the bank account, the bank account will be de-linked from your Square Account. In the event that you do not have an ACH-enabled bank account linked to your Square Account, you may request a physical check. Check requests may be subject to a processing fee and an identity verification process. It is your obligation to request a check or otherwise link an ACH-enabled bank account to your Square Account in order to receive your funds. Funds for any given transaction will not be deposited until the transaction is deemed complete. Transactions will be deemed complete when we have received or sent the funds and when we or the designated financial institutions have accepted the transaction or funds. 15b. Right of Setoff You grant us a security interest in, as well as a right of setoff against, and hereby assign, convey, deliver,pledge and transfer to us, as security for repayment of any obligations due under this Agreement, all of your right, title, and interest in and to all of your accounts with us. However, this grant will not apply to any accounts for which the grant of a security interest would be prohibited by law. You authorize us, without prior notice to you and irrespective of(i)whether we have made demand under this Agreement or any other related agreements; and (ii)whether the obligation is contingent, matured or unmatured, to the extent permitted by law, to collect, charge, and/or setoff all sums owing on the indebtedness against any and all such accounts and other obligations, and our option, to administratively freeze or direct any third party bank holding the account to freeze all such accounts to allow us to protect our security interest, collection, charge and setoff rights as provided for in this section. 20140410CityCouncilPacket Page 22 of 192 20140404/jr1 16. Payout Schedule - Standard Once you validate your US bank account, and have ten dollars or more in your Square Account, Square will automatically initiate a payout to your bank account at the end of every business day. Payouts to your bank account for payments received by you during business hours (before 5pm Pacific Time)will usually fund the next business day. 17.Availability of Funds Should Square need to conduct an investigation or resolve any pending dispute related to your Square Account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict access to your funds as necessary to comply with applicable law or court order, or if otherwise requested by law enforcement or governmental entity. 18. Square Account History When a payment is made to your Square Account, we will update your Square Account activity on the website and provide you a transaction confirmation. The confirmation will serve as your receipt. Summaries of your Square Account activity, including monthly statements, are available on our website for up to one year of account activity. Except as required by law, you are solely responsible for(a) compiling and retaining permanent records of all transactions and other data associated with your Square Account and your use of the Services, and(b)reconciling all transactional information that is associated with your Square Account. If you believe that there is an error or unauthorized transaction activity is associated with your Square Account, you agree to contact us immediately. 19. Reserve At any time and from time to time, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in your Square Account or in a separate reserve account(a"Reserve") to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including if you have a high rate of Chargebacks (described in Section 27), refunds, or other indications of performance problems related to your use of the Services. The Reserve will be in an amount as reasonably determined by us or our processor to cover anticipated Chargebacks, returns,unshipped merchandise and/or unfulfilled products or services or credit risk based on your processing history. The Reserve may be raised, reduced or removed at any time by Square, in its sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in Square's favor, or otherwise as Square or its processor may determine or require. If you do not have sufficient funds in your Reserve,we may fund the Reserve from any funding source associated with your Square Account, including but not limited to any funds (a) deposited by you, (b) due to you under this Agreement, or(c) available in your bank account, or other payment instrument registered with us. You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your Square Account. You will execute any additional documentation required for us to perfect our security interest in any funds in the Reserve. This security interest survives for as long as we hold funds in your Reserve. 20. Square Account Balances You are not required to hold monetary balances that you receive in your Square Account (your"Balance"). If you end up with a Balance, your funds will be co-mingled and held with other participants' funds in one or more pooled accounts at one or more FDIC-insured banks by us on your behalf and for the benefit of you and others holding balances (each a"Pooled Account"). US dollar balances held in the pooled account are eligible 20140410CityCouncilPacket Page 23 of 192 20140404/jrl for FDIC pass-through insurance, meaning that your Balance may be insured up to the FDIC maximum,which is currently$250,000. We have sole discretion over the establishment and maintenance of any pooled account. Funds associated with your Square Account will at all times be held separate from our corporate funds. We will not use your funds for our corporate purposes (including the granting of any security or similar interest), will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach the funds. You will not receive interest or any other earnings on any funds that we handle for you. As consideration for using the Services, you irrevocably assign to us all rights and legal interests to any interest and/or other earnings that may accrue or are attributable to our holding of your Balance in a pooled account or Reserve (described above). 21. Receipts When your Buyer is present at the time of the transaction and signs the Square signature screen, you benefit from the Network Rules for card present transactions. You agree to request that your Buyer personally sign for all transactions greater than$25.00 when your Buyer is present. You must make a written receipt available to your Buyers for any transaction greater than $15.00. You may give your Buyers the option to receive or decline a written receipt. As a convenience, but not in lieu of a written receipt, the Square receipt screen offers Buyers a choice to sign-up to receive digital receipts delivered by Square through SMS or email. 22. Receipts for 501(c)(3) Organizations If you operate a 501(c)(3) organization, you may offer Square electronic receipts to your donors as a convenience, by completing the required fields in the "Account" section of our website. You acknowledge that not all payments made to your organization will be eligible for classification as "tax deductible to the extent allowed by law," and you assume full responsibility for the classification of your transactions. Square specifically disclaims any liability in this regard. 23. Usage of Shortcode (778273) You agree that Square may send you real-time receipts via a text message, which you may also use as secondary authentication. Standard message and data rates may apply(check with your carrier). You may start by entering your mobile phone number during a transaction with a Buyer, or by opting-in at squareup.com. For help, text HELP to 778273, text STOP to quit. 24. Taxes You are responsible for determining any and all taxes assessed, incurred, or required to be collected,paid, or withheld for any reason in connection your use of our software and services ("Taxes"). You also are solely responsible for collecting,withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect,report, or remit any Taxes to any tax authority arising from any transaction. Square specifically disclaims any liability for Taxes. If in a given calendar year you receive (i)more than $20,000 in gross amount of payments and (ii)more than 200 payments, Square will report annually to the Internal Revenue Service ("IRS"), as required by law, your name, address, Tax Identification Number(such as a Social Security Number(SSN), or Employer Identification Number(EIN)), the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year. Whether you reach $20,000 in payments or more than 200 payments will be determined by looking at the SSN associated with your Square Account. 25. Customer Service 20140410CityCouncilPacket Page 24 of 192 20140404/jr1 You are solely responsible for all customer service issues relating to your goods or services, including pricing, order fulfillment, order cancellation by you or a Buyer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback concerning experiences with your personnel,policies or processes. In performing customer service, you will always present yourself as a separate entity from us. As between you and us, we are solely responsible for customer service issues relating to any Square Account, payment, Card processing, debiting or crediting. 26. Refunds and Returns By accepting payment Card transactions with a Square, you agree to process returns of, and provide refunds and adjustments for,your goods or services through your Square Account in accordance with this Agreement and Network Rules. Network Rules require that you will (a) maintain a fair return, cancellation or adjustment policy; (b) disclose your return or cancellation policy to Buyers at the time of purchase, (c) not give cash refunds to a Buyer in connection with a Card sale, unless required by law, and(d) not accept cash or any other item of value for preparing a Card sale refund. The amount of the refund/adjustment must include any associated taxes required to be refunded and cannot exceed the amount shown as the total on the original sales data except by the exact amount required to reimburse the Buyer for postage that the Buyer paid to return merchandise. If you accept returns and are making an uneven exchange of merchandise (e.g., the sales price is not the same), you must issue a credit for the total amount of the merchandise being returned and complete a new sale for any new merchandise. Please be aware, if your refund policy prohibits returns or is unsatisfactory to the Buyer, you may still receive a Chargeback relating to such sales. You can process a refund through your Square Account up to sixty(60) days from the day you accepted the payment. If you are a Square Market Seller, you may not be able to process a partial refund. If your available Square balance is insufficient to cover the refund, Square will request your authorization to withdraw up to the requested refund amount from your bank account. Square will then withdraw the amount you were paid(the sale amount minus the initial transaction fee) from your bank account, and credit it back into your Buyer's Card. The Fees are also refunded by Square, so the full purchase amount is always returned to your Buyer. Square has no obligation to accept any returns of any of your goods or services on your behalf 27. Your Liability for Chargebacks The amount of a transaction may be reversed or charged back to your Square Account(a"Chargeback") if the transaction (a) is disputed, (b) is reversed for any reason by the Network, our processor, or a Buyer or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement. 28. Our Collection Rights for Chargebacks For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a Reserve. We may debit the amount of any Chargeback and any associated Fees, fines, or penalties listed in the Fee Schedule or assessed by the Association or our processor from your Square Account(including without limitation any Reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts from your Square Account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction,we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (a) a Chargeback is assessed due to a Buyer's complaint, in which case we will retain the funds; (b)the period of time under applicable law or regulation by which the Buyer may dispute that the transaction has expired; or(c)we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys' fees and other legal 20140410CityCouncilPacket Page 25 of 192 20140404/jrl expenses, incurred by or on behalf of us in connection with the collection of all Square Account deficit balances unpaid by you. 29. Excessive Chargebacks If we determine that you are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing your Square Account, including without limitation,by(a) establishing new processing fees, (b) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related fees, (c) delaying payouts, and (d) terminating or suspending the Services. 30. Contesting Chargebacks You agree to assist us when requested, at your expense, to investigate any of your transactions processed through the Services. To that end, you permit us to share information about a Chargeback with the Buyer, the Buyer's financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release the reserved funds to your Square Account. If a Chargeback dispute is not resolved in your favor by the Network or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated fees as described in this Agreement. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation within fifteen(15) days of our request, may result in an irreversible Chargeback. We reserve the right,upon notice to you, to charge a fee for mediating and/or investigating Chargeback disputes. 31. Our Set-off Rights To the extent permitted by law, we may set off against the Balances for any obligation you owe us under this Agreement, including without limitation any Chargebacks. All Fees are charged at the time we process a transaction and are deducted first from the transferred or collected funds and thereafter from the Balance in your Square Account. If you owe us an amount that exceeds your Balance, we may charge or debit a payment instrument registered in your Square Account or any connected Square Account (as well as set off against any Balance in any connected Square Account). Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys' fees and expenses, collection agency fees, and any applicable interest. 32. Dormant Square Accounts If there is no activity in your Square Account (including access or payment transactions) for at least two years, consecutively, and you have a Balance,we will notify you by sending an email to the email address associated with your Square Account and give you the option of keeping your Square Account open and maintaining the Balance, withdrawing the Balance, or requesting a check. If you do not respond to our notice within thirty days, we will automatically close your Square Account and escheat your funds in accordance with applicable law, and if permitted, to Square. 33. Square Processing Errors We will attempt to rectify processing errors that we discover. If the error resulted in your receipt of less than the amount to which you were entitled, Square will credit your Square Account for the difference. If the error results in your receipt of more than the amount to which you were entitled, Square will debit the extra funds from your Square Account. Square will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you. 20140410CityCouncilPacket Page 26 of 192 20140404/jr1 34. Your Privacy Your privacy is very important to Square. Upon acceptance of this Agreement, you confirm that you have read, understood and accepted Square's Privacy Policy. 35. Privacy of Others By using the Services, you may receive information about Buyers or other third parties. You must keep such information confidential and only use it in connection with the Services. You may not disclose or distribute any such information to a third party or use the information for marketing purposes unless you receive the express consent of the Buyer or other third party. 36. Disclosures and Notices Upon acceptance of this Agreement, you confirm that you have read,understood, and accepted Square's E-Sign Consent policy. You agree that Square can provide disclosures and notices required by law and other information about your Square Account to you electronically by posting it on our website, or by emailing it to the email address listed in your Square Account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, you should contact Square Support. If we are not able to support your request, you may need to terminate your Square Account. 37. Your Content In connection with your Square Account, any business listing, and your use of the Services, you may be able to upload or provide photos, logos,products, loyalty programs, promotions, advertisements and other materials or information("Seller Content"). You agree that you will not upload or provide any Seller Content unless you have created that content yourself or you have permission from the content owner to do so. You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully- paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute,publicly perform, and publicly display your Seller Content throughout the world in any media in order to provide and promote the Services and Square's business. You retain all rights in your Seller Content, subject to the rights granted to Square in this Agreement. You may modify or remove your Seller Content via your Square Account or by terminating your Square Account. You agree not to upload or provide Seller Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c)breaches any duty toward or rights of any person or entity, including rights of publicity,privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Square's or its partners' products and services, as determined by Square in its sole discretion; or(f) in Square's sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Square, its affiliates, its customers, or Buyers to harm or liability of any nature. Although Square has no obligation to screen, edit, or monitor any Seller Content, Square reserves the right, and has absolute discretion, to remove, screen, edit, or disable any Seller Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Seller Content that is 20140410CityCouncilPacket Page 27 of 192 20140404/jrl offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Seller Content, including any loss or damage to any of your Seller Content. 38. Copyright and Trademark Infringement Square respects the copyright and trademark rights of others and asks you to do the same. Square has adopted a Copyright& Trademark Policy regarding claims that third party material infringes the copyrights or trademarks of others. Square responds to all valid notices of such copyright and trademark infringement, and it is Square's policy to suspend or terminate the access privileges of those who repeatedly infringe the copyrights and trademarks of others. 39. Security We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. 40. Termination If your Square Account is terminated or suspended for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b)to immediately stop using the Services, (c)that the license provided under this Agreement shall end, (d) that we reserve the right(but have no obligation) to delete all of your information and account data stored on our servers, and(e) that Square shall not be liable to you or any third party for termination or suspension of access to the Services or for deletion of your information or account data. 41. Your Right to Terminate You may terminate this Agreement and other Square agreements by closing your Square Account at any time. Upon closure of a Square Account, any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable Fees, will be paid out to you according to your payout schedule, assuming all payout-related authentication requirements have been fulfilled(for example, you may not close your Square Account as a means of evading your payout schedule). If an investigation is pending at the time you close your Square Account, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you. 42. Suspension or Termination by Us We may terminate this Agreement or suspend or close your Square Account for any reason or no reason at any time upon notice to you. We may also suspend the Services and access to your Square Account(including the funds in your Square Account) if you (a) have violated the terms of this Agreement, any other agreement you have with Square, or Square's policies, (b)pose an unacceptable credit or fraud risk to us, or(c)provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct. 43. Effect of Termination We will not be liable to you for compensation,reimbursement, or damages in connection with your use of the Services, or in connection with any termination or suspension of the Services. Any termination of this Agreement does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement. 20140410CityCouncilPacket Page 28 of 192 20140404/jr1 Part Two: Additional Legal Terms 44. Your License Square grants you a personal, limited, non-exclusive, revocable,non-transferable license,without the right to sublicense, to electronically access and use the Services solely to accept and receive payments and to manage the funds you so receive, in accordance with this Agreement. The Services include our website, any mobile applications, software,programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content,bug fixes or maintenance releases)thereto, and hardware products provided to you by Square. You will be entitled to download updates to the Services, subject to any additional terms made known to you at that time, when Square makes these updates available. While we want you to enjoy the Services, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any Square system using any manual process or robot, spider, scraper, or other automated means unless you have separately executed a written agreement with Square referencing this Section 44(i) that expressly grants you an exception to this prohibition; (ii) copy, reproduce, alter, modify, create derivative works,publicly display, republish,upload,post, transmit, resell or distribute in any way material or information from Square; (iii)permit any third party to use and benefit from the Services via a rental, lease,timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) violate the restrictions in any robot exclusion headers on the Services or any Square service or product, work around,bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services, except to the extent that such restriction is expressly prohibited by law; (vi)perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure; or(vii) otherwise use the Services except as expressly allowed under this section. 45. Ownership The Services are licensed and not sold. Square reserves all rights not expressly granted to you in this Agreement. The Services are protected by patent, copyright, trademark, trade secret and other intellectual property laws. Square owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. This Agreement does not grant you any rights to Square's trademarks or service marks. For the purposes of this Agreement, "Intellectual Property Rights"means all patent rights, copyright rights, mask work rights, moral rights,rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. You may choose to or we may invite you to submit comments or ideas about the Services, including without limitation about how to improve the Services or our other products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous,unsolicited, and without restriction, that it will not place Square under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Square does not waive any rights to use similar or related ideas previously known to Square, or developed by its employees, or obtained from sources other than you. 46. Indemnity 20140410CityCouncilPacket Page 29 of 192 20140404/jrl You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages,judgments, Tax assessments,penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our policies or the Network Rules; (b) your wrongful or improper use of the Services; (c) any transaction submitted by you through the Services (including without limitation the accuracy of any Seller Content or product, service, or transaction information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third-party right, including without limitation any right of privacy,publicity rights or Intellectual Property Rights; (e) your violation of any law, rule or regulation of the United States or any other country; (f) any other party's access and/or use of the Services with your unique name,password or other appropriate security code. 47. Representation and Warranties You represent and warrant to us that: (a) you are at least eighteen(18) years of age; (b)you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name under which you sell goods and services; (d) any sales transaction submitted by you will represent a bona fide sale by you; (e) any sales transactions submitted by you will accurately describe the goods and/or services sold and delivered to a purchaser; (f) you will fulfill all of your obligations to each Buyer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the purchaser; (g) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including any applicable tax laws and regulations; (h) except in the ordinary course of business, no transaction submitted by you through the Services will represent a sale to any principal, partner, proprietor, or owner of your entity; (i) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; (j)no transaction submitted by you through the Services will involve your Cards (except for reasonable test swipes); and(k) your use of the Services will be in compliance with this Agreement. 48. No Warranties THE SERVICE IS PROVIDED ON AN "AS IS"AND "AS AVAILABLE"BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SQUARE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SQUARE, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. 20140410CityCouncilPacket Page 30 of 192 20140404/jr1 SQUARE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SQUARE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 49a. Limitations of Liability and Damages TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SQUARE, ITS PROCESSORS, ITS SUPPLIERS, OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL SQUARE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR SQUARE ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SQUARE, ITS PROCESSORS, ITS SUPPLIERS,AND ITS LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III)ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV)ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI)ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR(VII) SELLER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SQUARE, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SQUARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. The Services are controlled and operated from facilities in the United States. Square makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or 20140410CityCouncilPacket Page 31 of 192 20140404/jrl are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States. 49b. Third Party Products All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. SQUARE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS,AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY,NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL SQUARE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD PARTY PRODUCTS OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT GIVES RISE TO ANY CLAIM. 50. Disputes If a dispute of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact the Square Support with any dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. 51. Binding Individual Arbitration You and Square agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST SQUARE. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced(but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) or JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county or parish where you reside. Otherwise, any arbitration hearing will occur in San Francisco, California, or another mutually agreeable location. The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For any Dispute, Square will pay all the arbitration fees. If you prevail on any claim for which you are legally entitled to attorney's fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Square will not seek to have you pay its attorney's fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Square also include respective subsidiaries, affiliates, agents, employees,predecessors, successors and assigns as well as authorized users or beneficiaries of Square services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases)will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California. 20140410CityCouncilPacket Page 32 of 192 20140404/jr1 52. Governing Law This Agreement and any Dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. 53. Limitation on Time to Initiate a Dispute Unless otherwise required by law, an action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues. 54. Right to Amend We have the right to change or add to the terms of this Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of the Services with notice that we in our sole discretion deem to be reasonable in the circumstances, including such notice on our website at squareup.com or any other website maintained or owned by us for the purposes of providing services in terms of this Agreement. Any use of the Services after our publication of any such changes shall constitute your acceptance of this Agreement as modified. However, any Dispute that arose before the modification shall be governed by the Agreement (including the binding individual arbitration clause) that was in place when the Dispute arose. 55. Assignment This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Square without restriction. 56. Third Party Services and Links to Other Web Sites You may be offered services, products and promotions provided by third parties and not by Square ("Third Party Services"). If you decide to use these Third Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that Square is not responsible for the performance of these services. The Services may contain links to third party websites as a convenience to you. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Square. You agree that you access any such website at your own risk, and that the website is not governed by the terms and conditions contained in this Agreement. Square expressly disclaims any liability for these websites. Please remember that when you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website's own rules and policies. 57. Other Provisions Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you and Square, and they describe the entire liability of Square and its vendors and suppliers (including processors) and your exclusive remedy with respect to your access and use of the Services. In the event of a conflict between this Agreement and any other Square agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that Square may have under trade secret, copyright, patent, or other laws. Square's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right 20140410CityCouncilPacket Page 33 of 192 20140404/jrl or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. 58. Survival In addition to any provision that is reasonably necessary to accomplish or enforce the purpose of this Agreement, the following sections of this Agreement survive and remain in effect in accordance with their terms upon the termination of this Agreement: 13, 15-20, 24, 25, 27-33, 35, 37, 38, 45-58. 59. Definitions "Buyer"means any person that presents a card to a Seller in order to make a payment. "Dispute"means any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory)between you and Square including but not limited to any claims relating in any way to this Agreement(including its breach, termination, or interpretation), any other aspect of our relationship, Square advertising, and any use of Square software or services. "Dispute" also includes any claims that arose before this Agreement and that may arise after termination of this Agreement. "Seller"means any person that signs up for a Square account to accept payments using the Square service. "Square"means Square, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees. © 2009-2014 Square, Inc. Privacy Policy Country/Language • United States (English) • United States (Espanol) • Canada(English) • Canada(Francais) • p 20140410CityCouncilPacket Page 34 of 192 20140404/jrl MAYOR tr CITY MANAGER Jason Buelterman • Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan a CITY ATTORNEY Bill Garbett -°y Edward M.Hughes Monty Parks %+ 000" 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: April 10, 2014 Item: Public Hearing Explanation: Special Review & Site Plan Approval—714 Lovell Ave. & 0 Eighth St.; zone R-2; Tybee Island Maritime Academy, petitioner; consideration of installation of modular buildings of egress Budget Line Item Number (if applicable): N/A Paper Work: -4 Attached* Ai Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone /Email: (912)472-5031 / dotto @cityoftybee.org Comments: Date given to Clerk of Council: April 3, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 , City of Ethics if www.cityoftybee.org � C��� 20140410CityCouncilPacket Page 35 of 192 20'1�4a0ijrI 1 ' ' :..) PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: March 18, 2014 Petitioner: Tybee Island Maritime Academy Project Name/Description: 714 Lovell Ave. &0 Eighth St. Action Requested: Special Review & Site Plan Approval Special Review X Subdivision: Site Plan Approval X Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop Absent Borkowski X Bramble X Second Livingston Absent Major X Motion to approve with conditions (see below) Marion X Chair McNaughton The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued Contingent upon the parking plan, buffering plan, renderings, the dates for land disturbance beginning and ceasing, greenspace c.leulation, impact calculation, and the drainage plan. These will be done as this moves forward with staff . .proval to make it most economically feasible but keeping our ordinances intact, Planning Commissio i Chair: il Date: Planning & Zoning Manager: _ _ , ,_, t O. Date: 3- 1q - 14 20140410CityCouncilPacket Page 36 of 192 20140404/jrl •. - � STAFF REPORT ' PLANNING COMMISSION MEETING: March 18,2014 4 y CITY COUNCIL MEETING: April 10,2014 `fir LOCATION: 714 Lovell Ave. &0 Eighth St. PIN: 4-0005-19-001 &4-0005-22-001 APPLICANT: Tybee Island Maritime Academy OWNER: Roman Catholic Diocese EXISTING USE: elementary school PROPOSED USE: same ZONING: R-2 USE PERMITTED BY RIGHT: Yes, after Special Review& Site Plan Approval COMMUNITY CHARACTER AREAS: 714 Lovell Ave.—Arts,Eats,Eco-business Corridor 0 Eighth St.—Inland Cottage Neighborhood APPLICATIONS: Special Review and Site Plan Approval PROPOSAL: The applicant is requesting Special Review and Site Plan Approval to install two 24-foot by 60- foot modular buildings. Each building would contain 2 classrooms, for a total of 4 classrooms. One building would contain 2 restrooms with 1 for each classroom.The other building would not contain restrooms. ANALYSIS: The request to install 2 modular buildings at the Tybee Island Maritime Academy is subject to Site Plan Approval under Section 5-020(B): (B) Site plan approval. All land development activities other than residential one and two-family structures, regardless of the zoning district, must present a site plan of such development to the planning commission for review, and to the mayor and council for approval prior to the issuance of any land development permits. In the C-I zoning district, all land-disturbing activities require site plan approval. See section 5-040(A) and(C), and section 5-080. The request is also subject to Special Review under Section 4-050(C)(2)(a),as amended December 12, 2013: (2) Uses permitted after special review. In an R-2 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the mayor and council has granted approval at a scheduled meeting. a. Uses permitted after special review in R-I residence district. Uses Permitted after Special Review in the R-1 district are in Section 4-050(A)(2),with highlighting by Staff: a. Bed and breakfast, residential; b. (Reserved;] c. Primary and secondary schools; d. Nursing homes and ancillary activities; e. Public parks and neighborhood playgrounds; f. Churches, including Sunday schools or educational buildings; g. Schools of general education, including kindergarten and day nurseries; h. Guest cottages; and, i. Home occupations. 1 2014041OCityCouncilPacket Page 37 of 192 20140404/jrl The applicant has provided a plat of the existing conditions and a plat of the proposed sites of the 2 buildings. The protective screening standards of Section 3-160 are provided below. Subsections(C)(2) and(3) are applicable due to the abutting residential uses and the existing buffer not meeting the basic requirements of subsection (C)(1).This ordinance was amended February 27, 2014. A buffering plan was not submitted by the applicant. No buffer is required for a commercial use adjacent to a commercial use. In cases where a commercial and residential use abut or will abut and where: (A) New construction is proposed; or (B) Existing improvements are to be expanded by enlarging the footprint of existing occupied or usable improved space by 25 percent or more; or (C)A change in the kind, character or degree of use of improved property is proposed, and there is no existing buffer in place on the property that is to be improved or any existing buffer on such property would not meet the requirements below, the owner or applicant shall be required to seek special review unless a buffer satisfying the following requirements is met: (1) Basic requirements. a. An arboreal landscaped buffer not less than five feet wide with a well maintained masonry wall or privacy fence no less than eight feet in height above grade shall be provided and properly maintained along its entire length by the users of the property to be built upon or expanded. Such buffer shall be planted with deciduous trees, evergreens, flowering trees, ornamental trees, or any combination of the same not set fitrther than ten feet apart at any given point along the buffer, The buffer shall be measured from the property line of the property to be improved. A street, sidewalk or other like improvement may be permissible as a buffer under subsections (2) and (3) below. In no instance will a dumpster or mechanical unit be permitted in a buffer. b. The area beneath and between the planted trees shall be kept free of foreign debris and unmanaged undergrowth. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. c. All planting plans shall be first submitted to the city zoning department during the review process for approval of the planting materials and arrangement thereof in accordance with the provisions of this Land Development Code. (2) Special review. In any case of any plans or proposed plans which do not meet the requirements of subsection section (I) hereof council may treat the proposed plan as requesting special review which shall be required in connection therewith. The mayor and council may impose conditions or buffers designed to protect the properties including adding or reducing buffer requirements, restricting or expanding uses within the buffer area, additional or reduced fencing, vegetation andlor any other restrictions or conditions reasonably designed to protect the abutting property as well as the property sought to be improved. (3) For the special review referred to above, such review shall be combined with the site plan application filed with any proposed application for site plan review in connection with improvements, changes, or additions to any commercial use to abut a residential use. No separate public hearing shall be required for the special review nor any additional filing fee required of the applicant. It is the intention hereof that council conduct special review of the landscaping application if it differs from those conditions specified by Sec. 3-160(C)(1) in every case in connection with the site plan application. A parking plan was not submitted by the applicant. Existing and required parking has not been calculated. The parking requirements of Section 3-080(B), items (3)and(4) are below. These provisions are applicable. (B) Residential district parking requirements and residential off-street parking requirements. Off-street parking facilities shall be provided and maintained on site for all buildings, structures or premises being used in whole or in part for residential purposes, or for any other use permitted in residential districts. 2 20140410CityCouncilPacket Page 38 of 192 20140404/jrl (3) Theaters, auditoriums, gymnasiums and other places of assembly. One parking space for each four seats provided in the main auditorium or for each 50 square feet of floor area available for the accommodation of movable seats in the largest assembly room or area. (4) Public and private elementary and secondary schools (except assembly halls, auditoriums and gymnasium used in conjunction therewith). One parking space for each 200 square feet of gross floor area devoted to such use. The area near the Tybee Island Maritime Academy is adjacent to St. Michael's Catholic Church and Thrift Store, and to residential dwellings. The request for the 2 modular buildings is in keeping with the R-2 District as outlined in Section 4-050(C),with highlighting by Staff: (C) R-2 one- and two-family residential district. 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. Below are the 2008 Comprehensive Plan descriptions of the Art, Eats, Eco-Business Corridor and the Inland Cottage Neighborhood Character Areas, and the tables of the Recommended Development Strategies of each as applicable to the modular buildings proposal. Art,Eats,Eco-Business Corridor Character Area This area fisnctions as an activity center with a mix of neighborhood commercial uses including shopping, crafts, restaurants, and eco-tourism. Comprehensive Plan Section 1.2.1 Meets Strategy Arts,Eats, and Eco-Business Corridor • Recommended Development Strategies Y/N or N/A 1 New development,redevelopment and restoration should be consistent with existing character of the area in terms of mass, scale,use and density. 2 Encourage commercial and mixed-use infill development and redevelopment along the N/A Highway 80 commercial corridor. 3. Down zoning within the Highway 80 commercial corridor should be discouraged. N/A 4 Establish a set of standards for a maximum percentage of residential use on a per parcel N/A basis to encourage mixed-use. 5. Enhance pedestrian movement through streetscape improvements. N 6 Support the continued development of the Tybee Island bikeway including bike lanes N/A and multi-use trails. Establish standards and design guidelines for signage.Develop a "theme"for signage to 7. ensure that it is consistent and fits with the character of the area and the Island as a N/A whole. 8 Allow for an appropriate mix of retail,residential, and tourism-related uses consistent N/A with the vision of the Plan. 9. Implement traffic calming measures and parking improvements. N 10. Establish noise and sight buffers between the commercial uses and the adjacent N residential areas. Inland Cottage Neighborhood Character Area This character area describes the traditional neighborhood along the west side of Butler, which contains narrow, tree-lined streets laid out in a grid pattern. The area is varied in land use as it contains permanent residential properties, multi family homes, rental properties, parks, low-impact commercial establishments, and public buildings. Residential development within this area contains both traditional 3 20140410CityCouncilPacket Page 39 of 192 20140404/jr1 and historic cottage homes, large new residential houses and multi family units. This area provides for alternative transportation routes by providing an alternative automotive travel route to Butler Avenue, a bike path, and stop signs to slow the movement of vehicular traffic creating a more pedestrian friendly environment. Comprehensive Plan Section 1.2.6 Meets Strategy Inland Cottage Neighborhood • Recommended Development Strategies YIN or N/A 1 New development, redevelopment and restoration should be consistent with existing character of the area in terms of mass, scale,use and density. 2 Permit only compatible uses including low density residential,public/institutional, and low impact commercial. 3, Develop and implement design and architectural standards. N/A 4 Implement streetscape improvements to improve the pedestrian/bicycle environment and N encourage safety and mobility. 5. Historic structures in this area should be restored and/or preserved whenever possible. N/A 6. The City should provide appropriate incentives for historic restoration projects. N/A STAFF FINDING Staff finds the request for two modular buildings (four classrooms) at the Maritime Academy is in keeping with the purpose and intent of the R-2 zoning district.It is not known if the site complies with the parking requirements of a gymnasium and school as outlined in Section 3-080(B). The proposal is not in keeping with the buffering requirements of Section 3-160. If Special Review and Site Plan Approval are granted, a review of potential drainage impacts will be needed prior to permitting installation of the proposed buildings. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Site Plan Approval application(2 pages) B. Special Review application(2 pages) C. Narrative from applicant(1 page) D. Specifications of the 2 modular buildings (2 pages) E. Plat of existing conditions (1 page) F. Proposed Site Plan(1 page) G. Character Area map(1 page) p\-0J-3 a c a cQ` ela scrttom w:4"j4 ta�+`e" ( i paP) H. Photographs of existing con itions (2 pages) 9 ark:..g Dian ( 2. pa3(S) 4 20140410CityCouncilPacket Page 40 of 192 20140404/jrl r�$'.. • CITY OF TYBEE ISLAND Fee Commercial .$'500 SITE PLAN APPROVAL APPLICATION Residential $250 Applicant's Name 7 Y$C s(AND Cl .xe& st.h.••t- dL, (� ife- I5-(ANo , ,i.;ile, c ICAee,e.lr Address and location of subject property 711 uELL 1uE 1, S ts-T isJ >1i49 PIN Applicant's Telephone Number ?12- 713 - 018 Applicant's Mailing Address PO 80 X /s-t q Brief description of the land development activity and use of the land thereafter to take place on the property: AoD1N .? l%4n Ou CAS 5y: L.D,AJ?s 'CA. Si- Apo,'T; L4ASSIZaa.St S MAST- AA)CAE Cro4y-ToN^' l 4/ur 14Yeit, Property Owner's Name p FM (ON/ 114- m) ii - Srsy.,Telephone Number ?(2 - 7e 6 ' 94-03— $6i. Ls uect- A%AL Property Owner's Address 4 c t Erosr L;8rcrr sr SAuANNANi 69 j,,to I ir bee. .Ts (41 I + � Is Applicant the Property Owner? Yes >C No If Applicant is the Property Owner, Proof of Ownership is attached: k Yes ZcAse '1'1 rsq∎ ,rT- 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 Current Use Names and addresses of all adjacent property owners are attached: ✓ Yes If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action, and the date of each contribution; c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. �,+.� � CFd 3- /4 S gnature of Applicant Date NOTE: Other specific data is required for each type of Site Plan Approval. Fee Amount$ / Check Number .' Date 3- 4- 14 (:),L.,C'City Official 20140410CityCouncilPacket Page 41 of 192 20140404/jrl NOTE: This application must be accompanied by following information: 1 copy, no smaller than 11 x 17, of the proposed site plan and architectural renderings. 1 copy, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. 1 copy, no smaller than 11 x 17, of the existing tree survey and the tree removal and landscaping plan. Disclosure of Campaign Contributions The Planning Commission may require elevations or other engineering or architectural drawings covering the proposed development. The Mayor and Council will not act upon a zoning decision that requires a site plan until the site plan has met the approval of the City's engineering consultant. (Note: Section 5-080 (A) requires, "Once the engineer has submitted comments to the zoning administrator, a public hearing shall be scheduled.") The Applicant certifies that he/she has read the requirements for Site Plan Approval and has provided the required information to the best of his/her ability in a truthful and honest manner. --7 //7"() /0,1„&—t,„. Signature of Applican Date 20140410CityCouncilPacket Page 42 of 192 20140404/jrl �1 ;. CITY OF TYBEE ISLAND Fee $500 SPECIAL REVIEW APPLICATION Applicant's Name 7-11 436 TCsC No CHAATfa scJL- D6A I78EF .7:s 04.1.,c, "wig Ale hitomy Address and location of subject property 714 L0 U .c. hut Iuf PIN Applicant's Telephone Number 7rz -713-a 318 Applicant's Mailing Address "tom© /Si I f ySE a -L S OOP GA Son Brief description of the land development activity and use of the land thereafter to take place on the property: , Cp;Ki- Two s. lc-s 80; LaaNrs 6q cuss Mo sr QEi►G►tEMA 6Re oily Tel HAI f40-MAht1 Property Owner's Name orpti CoN4 CAr +t.,c 8;stop Telephone Number Property Owner's Address 6 o 1 CAST Li iS6tiry ST CAVQNNA,W 6-A 3 r 401 Is Applicant the Property Owner? Yes 0V. No If Applicant is the Property Owner, Proof of Ownership is attached: Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property R- Z Current Use E Lem et m Ail $e hoe c. Names and addresses of all adjacent property owners are attached: V 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 $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Disc •�•ure of Campai n Contributons form attachment hereto: /Yes Signature of App I ant Date NOTE: Other specific data is required for each type of Special Review. Fee Amount$ / _ Check Number Date c). City Official C\,,,, ),OLAN■,..� tJ 20140410CityCouncilPacket Page 43 of 192 20140404/jrl NOTE: This application must be accompanied by following information: A detailed description of the proposed activities, hours of operation, or number of units. trop/ 13-eepiies, no smaller than 11 x 17, of the proposed site plan and architectural renderings. The Applicant certifies that he/she has read the requirements for Site Plan Approval and has provided the required information to the best of his/her ability in a truthful and honest manner. (levad Li)\-31)/ Signature of A 9 Pp lic/t Date 20140410CityCouncilPacket Page 44 of 192 20140404/jrl Nt, kr' 1.511 Tybee Island Maritime Academy P.O. Box 1519,Tybee Island, Georgia 31328 February 19, 2014 To whom it may Concern, Tybee Island Maritime Academy (TIMA) has a large increase in demand for student slots for the school year 2014-2015 as a result of the addition of grade 5 as was planned and now the additional applications for slots in each of the grades. To meet this demand,TIMA will need to add additional classrooms. We propose to add classrooms through the addition of 2 modular buildings with each building holding 2 classrooms. One of the buildings will have restrooms and will be properly connected to water/sewer. Both of the buildings will be connected with Electric service and access to Internet services. We request approval for adding the structures to our footprint. incerely, Jgfro Carolyn Jur ck Perb Fortner President CFO Tybee Island Maritime Academy Attachments: List of neighbors Modular building drawings (2) Architect's draft of building placement and connections plans Building Platt Application. 20140410CityCouncilPacket Page 45 of 192 20140404/jrl 10/8113 Portable Classrooms,Mobile Modular Buildings,Temporary Rentals 91� • My quotes: 0 items mobile modular Products > CampusMa <er - ybrid® Moc.ular Classroom :I# 1818 - Classroom, 24x60 MS PRINT 1 is the state of t.t- can save you r 4— 60' ianagement syste 111161:1- Ell , dual pan window ' HYRC as 50%. The doo tbuildings to he ins )al portable classrc r-/VAC ration:Georgia .00m Quote Desl Add to Qu ire s: Classroom. Doors wide. 130MPH Wind Load. Size Excludes 4' Towbar. Vinyl covered Add to Qu m (VCG) interior. i rigs, images and specifications are nominal. Add to Qu Add to Qu 1419 Ulassroom,243thU Add to Qu Floor plans may vary. All features noted are Mobile Modular Management Corporation standard features. specifications vary by region and product type. For additional clarity please speak with your representative. Adc options are always available and we are happy to work with you to customize a solution to fit your needs. 20140410CityCouncilPacket Page 46 of 192 20140404/jrl wmvmobilemodularrenta.corn'ModularProducts/CarrwsMaker Hybrid Modular_Classroom.aspx 1/2 My quotes: 0 item(s) I Sui mobile modular Pi Products 7> Cam DusMaker Hyorhd® Modular Classroom Save Land, Money and Energy, The CampusMaker Hybrid® is the state of the art _y..i__ _1_,•_.-_--- -- ^-.___.._nn_i._._ ":°°- ' --3n save you money lel# 1819 -Classroom, 24x60 MS PRINT Ia jement system. I pan windows all 60' ;0%. The doors and ngs to he installed HVAC )rtable classrooms. t r '_!/. 14VAC is Georgia ~ Quote Desk *` Add to Quote ures: Add to Quote e Classroom. Doors wide.. 1130MPH Wind Load. Size Excludes 4° Towbar. Vinyl covered Im (VCG) interior. Add to Quote .wings, images and specifications are nominal. Add to Quote Add to Quote Floor plans may vary. All features noted are Mobile Modular Management Corporation standard features. specifications vary by region and product type. For additional clarity please speak with your representative. Additional options are always available and we are happy to work with you to customize a solution to fit your needs. 20140410CityCouncilPacket Page 47 of 192 20140404/jrl Existing Conditions __ __ hi _-� �a Vim. 4 -,-.,_ p�N0 C /�7 AY, _ 4 e zoo,-q yEN-r-E_ .:.Y / Ord y�, ,! L3 S! . : �0^Gt I.3 I ` ` IIi. ,'l/r--- II / ' ' 1 _ I I - ,�d y: , r _, I �— -_' �--Irk I � �`it I3�'�-• . rl. n.IN IT(!t IN / -; 4 '''. r }� I : � � / ` r ` ? L°44 R e.,_, - I b mx 41 Y, _ 1h 4I-1.• ' fi �; i'>` I ter 4yils} 7 1p if C41�' • „,kiN�.. 1 `I :+` ,'1"'tiiii q!r-,,- ,lfS. .-,y,_ / �-hk it'7 1-'-,1 J a / . ....., _/ .' E;' m. c y rxa ,te, II �,' : . ,n s , ly Ate r.,- __ Q i i i EXISTING CONDITIONS EMC ENGINEERING ; - - x s. m`� MODULAR BUILDINGS �� SERVICES,INC. o aA'o¢ 3 m TYREE,CHATHAM COUNTY,GEORGIAi314:1.547"7„M wt kr ifl �- WARD NO.2 dix, .. "D �9 �Bj 'ApPi Prepared For: cx�eraru m.o�..�a� F ''fir.d _.. aJ I � TYBEE MARITIME ACADEMY ---' 20140410CityCouncilPacket Page 48 of 192 20140404/jrl Proposed Site Platt , . -----,_ ,.-,... ' •,,-,-_-:„.._ ..._ ___ --_____ ------ --- 4 R2 1 ..te . • 0 --_____ 1 .. i / „ 1.-...v.. / .." -------______ ' Pf ,-._ .._.. I,/ 4, /' ---:, 7 / 4 --------„-- ,--.... 1, i ,,,s,-,------- ___ ., -- tijo ± '-,. 1 <_if.-,. 1' 1 A( A , - , ,. . I 4. / il!-- / !,' Z '' l'2, / . ,.-.4 fl -..._ e211A'.1,I;IS,"1"r '.".- 't- / / I; / 'r , \ _y . _ ■ _,I,JAIsr*----_-.....,',1, ,.,,:,r,rf.k_;,-_,.,_ Lovii-t--- I ;/ '-.L/'• .,-. / AVeNriz------ / ' ''f-'-riji 6°''ile;'--- e:fr' i ''5 . f.I ,___ -, ,-'"'-1 --.4 / -76-077 "1:1; 11;1'i' I:, -_____ '''. .. -'C...',- " ---_ ' ' 7 -4, 4'.1"I,41'I J i ', ,..*:' r ' ,.,1 —-1--3, •4'"1-1"1",-P-r.1'-PI'4'''f'.lc------ Ili i---''''''' / , ::.,1...f;„/ ''''(--_11‘2T7 // .g', 7 x et, 1/ p' 0,4 SI$ r., --- _ $ -_ - -...__2.., -----,_ Rma"---_ ee,-Ar171/Cip` ------ ------_____ -----... . - 5P11,11!I CONCEPTUAL SITE PLAN EMC ENGINEERING t. .,....., MODULAR BUILDINGS V j SERICES,INC. - ..."• cos\ ___, 0 5g172 ■lh. TYBEE,CHATHAM COUNTY,GEORGIA WARD NO.2 All ova ZI,Tuaragr..12 ' ti'4. I .0':' MAROC NON&A442.1......ir ii tisr.r.,, ,-.4... _ - R Nor,,,,,,.......,. ,r--• 4 7 TYBEE Prepard for: -e It . MARITIME ACADEMY `I 20140410CitytounciPacket Page 49 of 192 201404041d Character Area Map 714 Lovell Ave. 4-0005-19-001 Arts, Eats, Eco-Business i_,, 0 Eighth St. 4-0005-22-001 Inland Cottage Neighborhood LI cc cleft... -4.„4/. .VW 14/4 -,/, 5 tit. Alai, iiii a 1 114' .1 ar a. /iN /74 pi ,, , i;'. ...z re., ,---_,„ - ar, 4 LI rty J---- „at lip/ Z ± GLT 44/11 Pir I* 1 it Air 4 1111111,4 111101t:11 Q iprl tZlir : 41111%. i 4 ice_ 841 Ter r 20140410CityCouncilPacket Page 50 of 192 20140404/jrl irtMIIIIr E 1'1. :4:-,i...':4,.'... ', !•,,,,:,/: 1^ ,, , 1 • a- ► ,I Armor a. AM00/SI 111.. Cill . . elyCie► �r•�. .�• 0,.) m ,..,....._ ,.... : . .„ e _ _ _ 'crl.:.%. . :...,..," ., 0i. . ., _ r; '!^a,1 _...., _........, mot}!. r �jA .1. • '.a.. i i .i, 0 1C ".- •• ' iti.44-,-.4,f4", . ,.•s-- —•,. ,P 4 Ciii 41,11 __.1.... . 11\ ' l r r� ,,,,,\ A. . \ ....,.... ... ,• 2 1 1 ,■► . Q. ._ - _ . sip -) ,__.A _—-, Fr.. „. . _r... ___, . ,,,,h, ..• 0 , ______---..,•.,.. .,.. ,,,,r,i __ 1 r ...L., : °; r;; aka,. .� � Ir.. \11 1 1111.111M' ___. -.■*,. — ; . 'r+ /l s S', „_ ._ - . _•fir `.. • • ' 7 .x !I4 r �I *......IF i • a 1 Nip n, top '. J .. ' •,. °'4r 20140410CityCouncilPacket Page 51 of 192 20140404/jrl • i w . Nii , . , El . 4,-1 z,„ i . ' i.., ;--.rte - ; - - _- I1[I4!' I4il0 a4,!hill iiiiifll .i -- "- + — ,.�. 714 Lovell Ave. proposed _ - location of modular classroom on existing basketball court - . six , ,i r - _ e. r1 ii Lam. � -.i_ Y�.r�+,n - r I II1.-Vri k t mmliglimmin im..1.--___ , IN ,— 1 . , x ` , t 1 -s.- ... i--, `_ - . 20140410CityCouncilPacket Page 52 of 192 20140404/jrl • • • 7,10111 a f�' E _ . -f ; utu 1111 •'�. lallilllr/lllrrr■aaaaaaal■� -. L --• • '_ _� ,iii • �s -o ' 03.09. 2014 14: a Eighth St. proposed • location of modular classroom on existing - - playground • :AS 16044 . • !G _maw. 411 II aal # iiP11 1u ! llIIPElielrl ■ rll11 � ■ � 1� 11t4# !I- •i g � `! ! ■ 1i � { _ .�i�- 4w-4r:1 /i f"iffIel I • a t %E •••1v • 20140410CityCouncilPacket Page 53 of 192 20140404/jrl : q?der Pc. Tybee Island Maritime Academy P.O. Box 1519,Tybee Island, Georgia 31328 March 21, 2014 Parking Plan Please see attached drawing: A. 7 metered parking spaces (8th St) B. 3 gravel parking spaces (Lovell Ave) C. 12 gravel parking spaces (Lovell Ave) D. 12 gravel parking spaces (Lovell Ave) E. 3 Sparking spaces (8th St) F. 6 parking spaces—used only when there are large school functions (8th St) G. 12 parking spaces—used when extremely large school functions (2t Ave) There is additional metered parking across the street from A and on Butler Avenue. 20140410CityCouncilPacket Page 54 of 192 20140404/jrl AW3aVOV 3WI1I VW ONV1SI 338A1 "4:-"" 2<�m# g$l b.r r ON o A a�,n won 5ua actouuonos 1Y1N3WN021NN3 :Jo}paredem $1 y',,5 .`�� I a gyp' fay g-n oars ccz(z xH /19'A1NIlOO L'NH1VH3'aNV1SI 338A1 dO A113 ' -- _ I ('l, o �,'�` - •z 001£-1,49 i ,1uoVS 1Al f X• � � ¢re sc aiaao3D av;v3 HAD w d is ill _€ a �aruose zaeYa3i+eoeisoe �� ' Z'flN a2J11M _ — —-- ��, 4' �NI `S33IA I3S 100HOS AW3av v 30411I21tlW aNv1SI 338A1 2,_,"'".,"'":2, H u. mg r----4 1l �°° B. 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J 1 -----_________, / -___ f ' I ),..„:7k.,1,TV l:: „""n-1-.1%,`,S S ^ �� ' 6i�+ i a. i f§ r x._ _ 'ti■ 4 v f z r w, --1 CO a I! ;SI ' 1uy r t , IJ l / ' / ow +Jj -1- ti- !I 4 / l d[ rI [.7 i1 ' w .. t/ /Y,/ I' --� -' mil I• B / CD/ ' ; �- I o l sr,,,, ■ i a a 20140410CityCouncilPacket Page 55 of 192 20140404/jrl r Scram Stichad Catholic of c(1 .f aurufed jag 5, 1891 April 2, 2014 Mr. Jason Buelterman Mayor City of Tybee Island PO Box 2749 403 Butler Avenue Tybee Island, Georgia 31328 Re: Tybee Island Maritime Academy Zoning Application Dear Mr. Mayor: At a recent meeting held concerning the application by the Tybee Island Maritime Academy for the ability to locate two (2)modular classroom units on property belonging to the Diocese of Savannah and St. Michael's Catholic Parish, it was noted that parking might be an issue on occasion. At our Parish Council meeting on Thursday,March 27, 2014, the Parish Council discussed this issued and a motion and vote was made, and it was agreed that if"overflow" parking was needed on various occasions by the school such would be permitted in our church parking lot, as long as said parking did not interfere with our regular church services and events. I hope this information will help the City in reaching its decision. Sincerely, Rev. Thomas J. Peyton Pastor Cc: Parish Council Tybee Island Maritime Academy 802 &eet Q.uenue, 5y/fee hean.d, getngia 31328 iMwz (912) 786-4505 faux (912) 786-4166 20140410CityCouncilPacket Page 56 of 192 20140404/jrl MAYOR CITY MANAGER.464 Jason Buelterman W, Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tem ( + Janet LeViner Barry Brown Callahan + CITY ATTORNEY Bill Garbett 4. Edward M.Hughes Monty Parks „ ` ' Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: April 10, 2014 Item: Public Hearing Explanation: Minor Subdivision of Land & Variance— 1306 Butler Ave.; zone R-2; John Benton, petitioner; consideration of subdividing one lot into three lots Budget Line Item Number (if applicable): N/A Paper Work: Ai Attached* i Audio/Video Presentation** Electronic submissions are requested but not required. Please email to jleviner @cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone /Email: (912) 472-5031 / dotto @cityoftybee.org Comments: Date given to Clerk of Council: April 3, 2014 P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified 866) 786-4573—FAX(866) 786-5737 , City of ( 14 Ethics y� www.cityoftybee.org ���� 20140410CityCouncilPacket Page 57 of 192 201404/tr1 lc1 j Y.f PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: March 18, 2014 Petitioner: John Benton Project Name/Description: 1306 Butler Avenue Action Requested: Minor Subdivision of Land &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 X Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop _ Absent Borkowski X Second Bramble X Livingston Absent Major X Marion Chair McNaughton X Motion to deny The Planning Commission recomm- - • : ❑ A.proval ® Denial ❑ Continued Planning Commiss • • .ir: A, Date: I '1 Planning& Zoning Manager: 1 . .... .. _ ' Date: ©3- F9 -2oi4 2014041 OCityCouncilPacket Page 58 of 192 20140404/jrl STAFF REPORT FOR THE PLANNING COMMISSION MEETING OF: March 18, 2014 .�� FOR THE CITY COUNCIL MEETING OF: April 10, 2014 LOCATION: 1306 Butler Ave. PIN: 4-0007-05-006 ZONING: R-2 APPLICANT: John R. Benton,Jr. OWNERS: John R. &Joann B.Benton,Jr. EXISTING USE: one residential lot with one single-family home PROPOSED USE: one residential lot with one single-family home and two vacant lots USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER AREA: Beachfront Neighborhood APPLICATION: Minor Subdivision of Land and Variance PROPOSAL: The applicant requests approval to subdivide one residential lot into three residential lots. If approved, the existing single-family dwelling would remain on Lot 2 of the subdivision. As proposed, a Variance is needed for the width of an ingress/egress/drainage easement and for the setbacks of the existing structure. ANALYSIS: This applicant sought a subdivision of this property in March/April 2012. The request was approved by Planning Commission and City Council,but the owner did not record that plat with Chatham County.Therefore, the property remains one lot of record. For reference, the Minutes of the 2012 Planning Commission and City Council meetings are attached to this Staff Report. The 2014 proposed subdivision configuration for 3 lots differs from what had been approved in 2012. Beginning at Butler Avenue and moving to the east, the 2012 request was for vacant Lot 1 and vacant Lot 2, with Lot 3 containing the existing single-family dwelling. This 2014 request, beginning at Butler Avenue and moving east, proposes a vacant Lot 1,a Lot 2 containing the existing single-family dwelling, and then a vacant Lot 3. If the subdivision now being proposed is approved and recorded each of the 3 lots would meet the minimum lot size of 4,500 square feet for single-family development and the minimum lot size requirement of 6,750 square feet for duplex development. The size of the entire parcel at 1306 Butler Avenue is approximately 33,440 square feet. This proposed subdivision into three Iots would result in the following: Lot 1 11,713 square feet Lot 2 7,727 square feet(includes existing single-family dwelling) Lot 3 14,003 square feet Mr. Benton's property is zoned R-2 and all adjacent parcels are also zoned R-2. The proposed subdivision is consistent the character of the area and with the purpose of the R-2 district as outlined in Section 4-050(C): The purpose of this district is to provide for affordable development of single-family and duplex style development. This district is intended for medium density residential neighborhoods which are quiet and livable. This district includes a mixture of one and two-family homes with compatible educational, religious, and public institutions as well as limited home occupations. A 20-foot wide access/drainage easement is required by Section 5-140(F)for vehicular access through Lot 1 to Lots 2 and 3. The proposed plat shows such an easement for vehicles traversing through Lot 1. The proposed easement then narrows to 15-feet on Lot 2. The access further narrows to 11.4-feet as it passes the encroaching single-family structure.The easement then returns to 15-feet in width before ending at the property line between Lot 2 and Lot 3. Proposal of an easement less than 20-feet wide is one of two reasons this request includes a Variance application. 1 20140410CityCouncilPacket Page 59 of 192 20140404/jrl A 5-foot pedestrian beach access is shown for Lots 1 and 2 through Lot 3. The existing dwelling on proposed Lot 2 was built in 1898 and it does not conform to the required R-2 setbacks. For this proposed subdivision,the required front(south) setback of 20-feet would not be met as stairs to the existing structure are 11.4-feet from the property line. The 10-foot required rear setback on the north is not met as the rear setback of the existing structure ranges between 4.08-feet and 2.66-feet. The required 10-foot side setbacks (west and east)would be exceeded based on the proposed property lines for Lots 1 and 3. A Variance request is included with this proposed subdivision due to the nonconformity of the existing structure to required setbacks. Future improvement of Lot 1 and Lot 3 would be subject to installation of sewer lines and water lines by the developers. The topographic information and the drainage plans required by Section 5-140(B) and (D) would be mandatory at that time as allowed by Section 5-140(H). The required statement is included on the proposed subdivision plat as General Note number 3. Below is the description from the Comprehensive Plan of the Beachfront Neighborhood Character Area: 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 minor subdivision fits with the Recommended Development Strategies outlined in the Comprehensive Plan for the Beachfront Neighborhood Community Character Area. Comprehensive Plan Section 1.2.4 Beachfront Neighborhood Recommended Development Strategy Meets Strategy Y/N or N/A 1 New development, redevelopment and restoration should be consistent with existing character of the area in terms of mass, scale,use, and density. 2. Historic structures in this area should be restored and/or preserved whenever possible. Y 3. The City should provide appropriate incentives for historic restoration projects. N/A 4. The pedestrian environment should be enhanced where feasible. Y 5. Old growth trees should be preserved. not known 6. Public beach access should be preserved, maintained, and enhanced as necessary. N/A 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 STAFF FINDING Staff finds that the proposed minor subdivision is in keeping with the Land Development Code but is contrary to preservation of large Butler Avenue lots as recommended by the Comprehensive Plan. The future for the old growth trees is not known. The width of the proposed access easement is not in keeping with the requirements of the Land Development Code. The existing structure is currently nonconforming to required setbacks. It would be more nonconforming if this request is granted as the front setback would shift from the west to the south. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Subdivision of Land Application (2 pages) B. Variance Application(2 pages) C. Aerials and easement exhibit from applicant(3 pages) D. Planning Commission &City Council Minutes; March 20 &April 12, 2012(4 pages) E. SAGIS map (1 page5\ evw e;\ vet• 3-IS'E•2LI g1rom C 5-o -v r Wtv.2"! 3po..ge5. F. Photographs of existing conditions (2 pages r?wn4; tec. 3. o. 41 .4 rQv. �►J�) O ' (3 P"415 G. 2014 proposed subdivision plat (1 page) H. Tree survey as shown on 2012 proposed subdivision plat (1 page) —The proposed lots as shown on this tree survey are not being considered during this 2014 subdivision request. 2 20140410CityCouncilPacket Page 60 of 192 20140404/jrl .'e: y ,[ CITY OF T'YSEE ISLAND k . V SUBDIVISION OF LAND APPLICATION -..... y Minor Subcrivisk' ha$125 Applicants Name -ire`r‘ rl 1 't. )'ell 0Via Address and location of subject property , J3c) )- 4 ee N■l _ PIN 4-DO 07 - ©S -DO& Applicant's Telephone Number (12 ) te(o l-CY..^' ' Applicant's Mailing Address .50-]cerW.. S+, LA rN.i�r-Z Op, Vees-N rl al-)'Get .31(1-0 Brief desaipton of the land development ectivity and use of the land thereafter to take place on the property: 5ubA l0 [CAeCe \l1+0 '3 L ctA- , �+ (e2.kc1' Lcr t 13t ',L 33 2. i Property C o e n e�''s Name.)okra I N.-. 1 JeAA-N-B."B e Telephone Number ( (2-)L4,-7--ao r(S' PropertyOwner's Address cie' C _ , ._ Is Appncant the Property der? ✓Yes No If Applicant is the Property Owner, Proof of Ownership is attached: s If Applicant is other tear. the Property Owner, a signed affidavit from the Property Owner granting the ?pp!icant ; rmislon to conduct such lard development Is attached hereto. Yes Current Zoning of Property Current Use 'E s►ci Tai I c c.k el mes and addresses or all adjacent property owners are attached: jYes if within two (2) years immediately preceding the fil.ng of the Applicant's application for a zoning action, the A oli,ant hes made campaign contslbudons aggregating to more than $250 to the Mayor and any member of Counci! or any member of the planning Commission, the Applicant and the Attorney repeasenting the Applicant must d'ISC►ose the feat:wing: a. The name of the local government oft'iclal to whom the campaign ooreriibution or gift was made; b. The defiler amount of each campaign contr te:eon made by the applicant to the local government official durlree the two (2) years immediately preceding the filing of the application for this zoning action, awe the date of each contribution; c. An enemer&Lion and descr tton of each gift having a value of $250 or more made by the Applcant to the io geven:ment official during the two (2) years immediately preceding the Nino of the epo'e-t for is zoning a . on. Disci re off • e'g ' ibutions form attachment rt hereto: /Yes _AiIdrr!. d 1 1 l- 19- Signature • . • • "cant Date NOT-NOTEe Meer specific data is required for each type of Subdivision of Land. �Amo�,nt'.�.__.-�5-- —Check Number. c���..._._,��..-.......a e -� I 4._,-......�.... ....�M..._„�.._m C ty Official 20140410CityCouncilPacket Page 61 of 192 20140404/jrl NOTE: This application must be accompanied by following information: 13 copies, no smaller than 11 x 17, of the proposed subdivision with the building setback lines. 4 copies, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. !YnNc The name(s)of all proposed new street(s) or private drive(s). 13 copies, no smaller than 11 x 17, of the existing tree survey and tree removal plan. The Planning Commission may require elevations or other engineering drawings covering the proposed subdivision. The Mayor and Council will not act upon a subdivision until the drainage and infrastructure plan has met the approval of the City's enineering consultant. The Applicant certifm that he/she has read the requirements for P ta}er/Minor Subdivision and has provided the required ir:fornatfon to the best of his/her ability in a truthful and honest manner. All new lots -stablish-. within subdivisions shall conform to the lot area as set forth in the general provisions for ea - .,, g distil and the lot width shall be a minimum of 60 feet at the building line. 1 . ,dill, li r- / /3/.'a ief ignatur' %) -nt vat 20140410CityCouncilPacket Page 62 of 192 20140404/jrl alipt. CITY OF TYBEE ISLAND Fev . ZONING NI Commercial $500 NG VARIANCE APPLICATION ` _` �^ Residential $200 Applicant's Name JO .,rte Z Ittil Address and location of subject property 1.,e, , '6(4 4Lev- 4 tJ, PIN `i-" 0001`-`D 5 -CIfi Applicants Telephone Number qf - 6 G -06 qc Applicant's Mailing Address r 7 r rut, . s- • 211;4 _ A ` 4 • I Brief description of the land development activity and use of the land thereafter to take place on the property: .XTenci ■ cce_s iv Pub lee S T 1)3 }aSrlv1, kb.ts "ic niiit 3ie.,D7 Explain the hardship exr4 T +rs em se IS Le-cc 71640. O ci. 1-72or-1 peopto5 Lpjc Property Owner's Name Telephone Number S'a w+� Property Owner's Address SG 144 Is Applicant the Property Owner? t/Yes No If Applicant is the Property Owner, Proof of Ownership is attached: Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is atta hereto. Yes Current Zoning of Property R2- Current Use _S r,le t r Names and addresses of all adjacent property owners are attached: _ Yes If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action, and the date of each contribution; c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the i .tion for this zoning action. Disclosure Ca • pai■ ..ntributions form attachment hereto: ` � I/ Ys ��`-e'i Signat - - pplicant Date NOTE: Other specific data is required for each type of Variance. F-: Amount fl 0 Check Number ca, d Date 2 -2 (o—(4 — City Official ).d�..,■,A„LQ� 0j- ) 20140410CityCouncilPacket Page 63 of 192 20140404/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: peg u larity, narrowness, or, shallowness of the lot size or shape, or, exceptional topographical or other physical conditions peculiar to the particular property. 5-090 (A) (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property. NOTE: Provide attachments illustrating conditions on surrounding properties and on the subject property, indicating uniqueness, etc. 5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the petitioner that shall he/ be required has read 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. I The she the requirements for Variances and has provided the required l ertifes in ormation, he .rst of his Jxer ability in a truthful and honest manner. r - Signature f iii, Applicant Date 20140410CityCouncilPacket Page 64 of 192 20140404/jrl r,- . tip r , ....,.. 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'S"6'tl - 0 z 4 . 3 „9S,LC.9L N h W < p La mi ° W W L, r x D mgo kf 02 3f1N3AV 2i3-11(18 r } o Z e' p Li Qa <- Li a�Y=Ba1 u , Q W " 1 �u 16F m��' W , O cm o 20140410CityCouncilPacket Page 67 of 192 20140404/jrl MINUTES—Planning Commission Meeting/March 20, 2012 Benton subdivision request only The first order of business is minor subdivision of land,John R. Benton, at 1306 Butler. Ms. Otto stated that the request is a minor subdivision of land at 130 Butler, and zoned R2.The property is owned by John and Joann Benton. Currently, it is a single family home on one lot.This proposal would subdivide into three lots with one of those three containing an existing single family home. Mr. Parks asked the commission for any questions from staff. Mr. Major asked if the proposal is that the easement drive be used as the front setback. Ms. Otto explained that was correct and common.The infrastructure would have to be laid in the travel way.The twenty foot access easement would serve as the 20 foot front set back. Mr. Major questioned the size of a structure for the property. Mr. Levy asked for clarification of the foot print with the easement and setback. Ms. Otto explained the structure would potentially be 23 feet. Ms. Bryan asked how many trees were on the property. Ms Otto stated that she would prefer that the applicant answer as the City does not have a tree survey. Mr. Bishop stated that there are already for sale signs on the property, indicating that the property is already subdivided and questioned if that was the case? Ms. Otto stated that the subdivision had not been approved and required the approval of the Mayor and City Council. Mr. Callahan clarified that the orientation of two new structures would not face Butler, but would face the access road. Ms Otto stated that she thought the front set back would be measured off of the easement,the south property line. Mr. Major asked if lots one and two would still have Butler Avenue addresses. Ms.Otto explained that the current policy is that the addresses would be 1306A, B, and C Butler Avenue.She stated that the City does not add easements as road names. Mr. Callahan asked about the five foot pedestrian beach access, stating that there was no dune crossover. Ms. Otto asked that be addressed with the applicant. Ms. Otto further explained that DNR preferred a trail rather than a structure. Mr. Major asked if the two year old shore protection line was still valid. Ms. Otto explained that it did not have bearing on the subdivision request. Mr. Parks asked that the applicant come to the podium to address the Commission. Mr.John Benton introduced himself. He explained that the lot was originally a 160 feet lot divided into three lots,the property lines on the South. He only wants three subdivisions. He said that there are probably 25 trees and no one would cut them down.The lots are very narrow. Mr. Benton stated that he is not a developer. He plans on retiring and being able to afford living there. He is hoping that one person will buy both of the lots. He is marketing it this way to make it more appetizing to the person that might be buying it. As far as the signs out there,the real estate agent has an asterisk on the listing stating that the subdivision is subject to approval by the City of Tybee. No one is being presumptuous. He stated that he just wanted to get it on the market as soon as he could. Mr. Major asked if it would be possible to deed restrict the sale to protect the beautiful oak trees on the lots. Mr. Benton explained that the worst that would have to be done is to get an arborist in to look at a limb that may have to be trimmed, as it may interfere with someone trying to build. He said that he does not know for sure.The trees are really out of the way. Mr. Major asked if it would interfere with Mr. Benton's view. Mr. Benton explained that he has the beach view. He does not want to disturb the beautiful oak trees.The lots are very narrow. He restated that he is not a developer, and 1 20140410CityCouncilPacket Page 68 of 192 20140404/jrl trying to be able to afford to retire there. He said that he only wants single family homes there, not duplexes or condos. Ms. Bryan asked about the easement and trail for beach access. Mr. Benton explained that there is beach access through an agreement with the neighbors,via a wood walk way, not in the best of shape.The plan is just a walk way. He has had DNR there, and they prefer just a trail.There are no plans to disturb the dunes, but to preserve the area. Mr. Parks closed the public hearing as there was no one else from the public that wished to respond to the request. Mr. Parks asked for discussion prior to a motion. Ms. Bryan expressed concern for the trees and cutting of the limbs. She asked if there was any way that it could be deed restricted. Mr. Parks asked Ms. Otto if the tree ordinance would require mitigation of an oak tree. Ms.Otto explained that there is nothing in the tree ordinance that would prevent the removal of a tree. If it is an oak, it is a significant species.There are one of three ways of mitigating, inch for inch replacement of oak trees; paying$50 per inch to the Palms Up fund; placing more than one tree on the property under protection. Mr. Major stated that Mr. Benton indicated that he would be willing to deed restrict the property to protect the trees. Ms. Otto stated that it would be an option. Mr. Parks said that it appeared to be the only option to protect the trees. Ms. Otto stated that the restriction could be in the motion to carry through to Council and Council could put it in, requiring it prior to approval of the subdivision. Mr. Benton does not want this to be a hindrance for selling. Mr. Parks stated that he is not concerned so much for the trimming as for removal. Mr. Bishop asked if deed restriction was by tree or totality of trees. Ms. Otto explained that it is hard without a tree survey. Mr. Bishop asked how it is handled and asked if it couldn't be deed restricted based on significant trees as stated in the ordinance. Ms. Otto stated that deed restrictions will overrule any construction. Mr. Major stated that he knew the applicant was in a hurry, but a tree survey would really be the answer. Ms. Otto said that he was nearly there with the survey and the surveyor could do a tree survey, so that the trees could be seen in the footprint.The survey could be in the motion. Mr.Callahan asked if the City had the authority to require a property owner to make such a deed restriction. Ms. Otto explained that, within the subdivision process, it could be included as a part of the restriction based on trees as approval or denial. Mr. Bishop asked if we had the luxury of a delay or reconsideration of a survey. Ms. Otto said the applicant would have to answer. Mr. Bishop asked Mr. Benton if a tree survey would impede a time frame on sale. Mr. Benton said that there is no buyer. He stated that he does not want trees to go and that he doesn't want to get so deep into it that it will scare a buyer off. Mr. Benton discussed various trees on the lot and whether he would have to pay for a tree survey. Mr. Benton doesn't want to pay the survey to have someone come in and count the trees. He said that he is willing to sign something to state that he won't cut the trees or something like that. Mr. Parks called for a motion. Mr. Major made a motion for approval,subject to deed restriction that would prohibit removal of any of the live oaks on the property. Mr. Parks called for discussion. Mr. Bishop asked which trees, all trees, or those only. 2 20140410CityCouncilPacket Page 69 of 192 20140404/jrl Mr. Major withdrew the motion. Mr. Benton asked if it could be a significant live oak, six inches in diameter. Ms. Otto said that water oaks were a significant species. Ms. Bryan stated that she didn't see how we could go forward without a tree survey. Mr. Bishop explained,from a planning perspective, we need to know what trees we are dealing with. Mr. Benton said he is not trying to build. He is confused on it. He isn't trying to build, only to subdivide. Ms. Bryan said the Commission is charged with a master plan, which included protecting the trees and,without a survey, we don't know what we are dealing with. Mr. Benton said, according to ordinance, he can get a permit to cut them down now. Mr. Major discussed the tree ordinance. Mr. Benton further explained that he is only trying to subdivide, not cut trees. Mr. Major said that this was the best opportunity to protect the trees and to protect the applicant. Mr. Bishop asked, without a survey, whether or not the Commission can make a deed restriction on diameters. Ms. Otto explained that a tree survey would tell all information needed for a footprint. Mr. Major asked if the surveys or site plans were required. Mrs.Otto said they were not. Mr. Parks asked for a motion. Ms. Bryan made a motion to deny.There was no second.The motion did not carry. Mr. Major made a motion to move to approve, pass to Council,with a tree survey which would indicate which trees would stay and which would not stay, with the absolute objective of protecting the significant trees with the absolute maximum. Mr. Levy questioned that if this passes and there is a significant tree in the way of building, will this prevent someone from building. Ms. Otto said, with the motion, it will not prevent building, it would just identify trees. Ms. Bryan seconded the motion. Mr. Callahan voted against, all other Commissioners voted to pass.The motion carried. Ms. Otto read the motion:The motion was to approve with recommendation that a tree survey would be provided that would indicate which trees are in the foot print with the objective of protecting the significant trees with the absolute maximum. Mr. Benton expressed his concerns that the motion indicates that he is cutting the trees. Mr. Major explained the motion to Mr. Benton. If approved, it will state which trees can be cut and applicant will be able to move forward. Minutes prepared by Sharon Shaver 3 20140410CityCouncilPacket Page 70 of 192 20140404/jrl City Council Minutes/April 12, 2012 Subdivision, John R. Benton, Jr.; 1306 Butler Avenue, Zone R-2. Ms. Otto stated that this was heard at planning commission and they voted 5-1 to approve the petition and if approved it would be contrary to the master plan however the request is to subdivide a lot that runs from Butler Avenue to the ocean which is currently one property into three lots.The current home would remain on one lot and the two others would be made available for other uses,which would be single family residences.John Benton approached mayor and council stating that he purchased the property in January 2012 and it is 623 feet long and 53 feet wide. He plans on retiring at the home. He would like to sell lots#1 and#2. Mayor Buelterman asked of Ms. Otto if the vacant lots would accommodate single family homes but a variance would be required for a duplex. She confirmed. Mayor Buelterman also asked if a new easement would be created. Ms. Otto agreed. Mr. Wolff then asked if the markers are in place. Mr. Benton stated that all four corners have markers. He also has submitted a tree survey as part of his request. He does not plan on cutting any trees. Mr. Garbett did walk the lot that morning and confirmed there is an oak tree on lot#1. On lot#2 the 26"oak is right on the corner and might need to be removed prior to building a new residence. Frank Schuman made a motion to approve. Bill Garbett seconded.Vote was unanimous. Janet LeViner Clerk of Council • 1 20140410CityCouncilPacket Page 71 of 192 20140404/jrl Dianne Otto From: Dianne Otto Sent: Tuesday, March 18, 2014 9:22 AM To: David McNaughton (mcmaughtond @bellsouth.net); Demery Bishop;John Major;Julie Livingston; Marianne Bramble (mabeachbummett@hotmail.com); Tom Borkowski;Tyler Marion (tyler.marion @gmail.com) Cc: sbentley @bellsouth.net; Michelle Wixon; prm @mccorklejohnson.com; 'Christopher Wixon; 'John Benton'; Bubba Hughes Subject: RE: Upcoming Planning Commission meeting Dear Commissioners—The email below is public input for John Benton's minor subdivision and variance request.This is item 2 on the agenda. I'll read Mr.Wixon's email aloud at tonight's meeting. Dianne Otto, CFM City of Tybee Island Planning & Zoning Manager Office: 912.472.5031 Fax: 912.786.9539 From: Christopher Wixon [mailto:CWixon @savannahvascular.com] Sent: Monday, March 17, 2014 6:32 PM To: Jerris Bryant; Dianne Otto Cc: sbentley @bellsouth.net; Michelle Wixon; prm@ mccorklejohnson.com Subject: Upcoming Planning Commission meeting Ms Bryant/ Ms Otto We briefly spoke one day last week regarding the upcoming discussion on subdivision of the property at 1306 Butler Avenue. I had hoped to attend the meeting Tuesday night, but it seems that I am on call that evening (and many partners out of town for Spring Break). Likewise, although I have recently engaged legal representation in the matter, it seems that they, too, are unable to attend the Tuesday meeting. Nonetheless, I would like to raise the following items for the committee's consideration regarding the proposed variance request: Rights of a private property owner. As an owner of the property immediately adjacent to the proposed driveway variance, we must vehemently object to the proposed subdivision of the property at 1306 Butler Ave. Through conversation with our realtor at the time at which we purchased our property at#8 13th Terrace, we understood that access to the land to the East of the current dwelling was not feasible under current zoning laws. The proposed variance to current zoning law would allow the subdivision of 1306 Butler Ave for the purpose of building new homes upon unoccupied lots. Failure to uphold current zoning standards would disadvantage our property with increases in adjacent home density with resultant noise and dust from traffic flow several feet from our historic home, expedite degeneration of 130 year old building foundations, and would substantially obstruct ocean views from our house. 1 20140410CityCouncilPacket Page 72 of 192 20140404/jrl It should not be overlooked that the recent sale price of the home at 1306 reflects the value of a single lot and dwelling. Although we understand that Mr Benton purchased the dwelling with the intention of subdividing the property, the fair market value paid by Mr Benton reflected the value imposed by currently maintained zoning guidelines. Obviously, subdivision would provide significant financial benefit to Mr. Benton, but only at a cost to adjacent homeowners. As such,we contend that the proposed variance would infringe upon our constitutional property rights with the sole purpose of enhancing property valuation of 1306 Butler Avenue at the expense of our property value. Historical Consideration: Property subdivision does not support the developmental strategy of preserving. large historic properties on the beach side of Butler Ave. The property at 1306 Butler is registered by the Department of the Interior on the National Register of Historic Places. The GNAHRGIS states: "Built for Fred A. Davis. Part of a row of summer cottages that make up the Strand, one of two summer resort cottage settlements that developed on Tybee between 1890 and 1923 as a direct result of the construction of the Savannah-Tybee Railroad in 1887 and the construction of Hotel Tybee on the south end of the island in 1891. Each cottage was built in the center of a full oceanfront lot that extended from Butler Avenue to the beach. As the row took shape, a common landscape theme was adopted by each subsequent addition to the settlement. All cottages were built at a substantial setback from the dunes, which provided a grassy expanse (or strand) between the cottages and the beach. A walkway passed in front of the steps of each cottage, connecting the settlement with the resort at Hotel Tybee. This arrangement afforded the owners a spacious and private setting with a somewhat communal aspect when desired. In addition, each house has its own bridle path to the beach that ran off of the walkway. " Furthermore,the property is listed on the National Register of Historic Places as part of the Tybee Strand Cottage historic District, added 1999 --#98000971. Given the historic importance of the house and the property, I have copied the Chair of Tybee's Historic Preservation Committee on this email and ask that this committee weigh in on the impact of the proposal. Likewise, given the impact to the Tybee Strand Cottage Historic District, I have also solicited an opinion from the Georgia Historic Preservation Division (HPD) , Department of Natural Resources (GA SHPO) who oversees HPD functions as part of the national historic preservation program. Through the Section 106 compliance program, the HPD functions as a watchdog, helping to insure the respect our most important historic resources. Through programs like the National Register of Historic Places, Certified Local Governments, and others, they work with partners both inside and outside state government to encourage regional and local planning, neighborhood conservation, downtown revitalization, heritage tourism and archaeological site protection. While it is true that the city of Tybee has allowed subdivision of properties within the Historic District, such decisions should not stand as precedent as it is my understanding that the majority of such decisions were made prior to the 1999 listing of the of the Tybee Strand Cottage Historic District on the National Register of Historic places. As such, continued property division and development in this 2 20140410CityCouncilPacket Page 73 of 192 20140404/jrl area would be INCONSISTENT with the existing historical character of the Tybee Strand Cottage Historic District. Housing Density .The subdivision of 1306 Butler does not support the strategic initiative of maintaining low density dwellings in these areas. Environmental impact. Subdivision of 1306 Butler Avenue would almost certainly result in the destruction of old growth trees. Even if deed restrictions prevented removal of old growth trees, construction vehicles, changing traffic patters, and increased traffic will almost certainly disturb fragile root systems in our sandy environment. Subdivision and construction presents a substantial threat to old growth trees. Further,the proposed division of property provides added impervious surface area, increasing risk of stormwater infiltration into a watershed area which depends upon delicate vegetation in order to maintain our vital dune structures. Respectfully Submitted, Chris Wixon #8 13th Terrace Sent from Windows Mail 20140410CityCouncilPacket Page 34 of 192 20140404/jrl jt]I R7 0,,4'e Rc upcoming Planning Commission meeting-Message{HTML) 1 1-Itssage Adobe PDF CS • Ignore )C Meeing _V e t*Tone age, 3nu RECEIVED ,; Team E-meA `/Dane 4170neNote - Mated• Funk• Delete (Reply Reply Forward� Mee - _ Mime tJw&k Categor¢e Foeow 8mnslate Rll y.*Re ply&Delete ,i Create New - At5an5- ()nreaII - Up• K Select• 3 a o-14 Delete Respond Quick Steps Move lags Editing Zoom viz r �y VVV�"' _ hams trmisrnPs�Waal 4LMShanasavanehvas¢Ia.enn> — -- T rQ Tw j a 1 r. j \/�o C t a_..sent: m or2alaata 5:04 AM uame°`m d SP'leer 'PC inn Q to 4:A 1S Subject Re Upcoming Planning Commission meeting Piano. After considering your administrative position,it dawned on me that your staff will be tasked with sorting out some of the discrepant data presented on Tuesday's meeting. Georgia Natural,Archaeological,and Historic Resources Geographical Information System (www.GNAHRGIS.org) is a web-based geographical Information system designed to store and display information about Georgia's natural,archaeological,and historic resources.The system went on line on May 4,2005,with information about the state's archaeological and historic resources.This information has been compiled by the Historic Preservation Division of the Department of Natural Resources—Georgia's state historic preservation office—in collaboration with the Georgia Archaeological Site File at the University of Georgia. Property#111RS is the property of interest at 1306 Sutler Ave. Respectfully, Chris Wixon Sent from Windows Mall From:Chretopher Wizen Sent Wednesday,Mardi 19,20147:19 PM To:Dianne Otto Diane, L GNAHRGIS Public x �r� - _ C www.gnahrgis.org Apps 0 AT&T-Login "-;$ City of Tybee island... t t Municode SAGE Welcome Q Dictionary and Thes... & Resource&Docum... ra Georgia Secretary of_. 0 Staple Advantage • . GNAHRGIS • Welcome to GNAHRGIS S a col in Rs-uice Welcome History Disclaimer Users&Surveys Editing k Welcome to GNAHRGIS:Georgia's Natural.Archaeological,and Historic Resources GIS. GNAHRGIS is an interactive Web-based registry and geographical information system designed to catalog information about the natural.archaeological,and historic resources of Georgia. GNAHRGIS contains information about Georgia's archaeological.natural and historic resources.In the GNAHRGIS system."archaeological resources"means archaeological sites recorded in the Georgia Archaeological Site File."Historic resources"includes buildings,structures.historic sites,landscapes.and districts included in the Historic Preservation Division's Historic Resources Survey or listed in the National Register of Historic Places. This information has been compiled by the Historic Preservation Division of the Department of Natural Resources—Georgia's state historic preservation office—in collaboration with the Georgia Archaeological Site File at the University of Georgia. By using GNAHRGIS.you agree that you have read and understand the disclaimer regarding its use and limitations. I agree , • Jacksonville icfLp ort s- 20140410CityCouncilPacket Page 75 of 192 20140404/jrl ID: 11185 Longitude: 31.997914092136 Latitude: -80.847691413971 County: Chatham Form Prepared By: Date of field survey: 2000-01-01 Name surveyor: Quatrefoil Conslt, R.Ciucevich Basic Resource Information: Resource Address: 1306 Butler Avenue,Tybee Island Strand Cottages Historic District wkid: 26717 Zip Code: 31328 y_coord: 3540027 x_coord: 514387 Resource Name: Davis-Lindsay Cottage-Strand Cottage City/Community: Tybee Island Date of Construction: Year: 1899 Facade Symmetry and Front Door: Facade Symmetry: Asymmetric Surrounding Environment: Description: Seasonal,coastal environment. History of the Resource: Description: Built for Fred A. Davis. Part of a row of summer cottages that make up the Strand, one of two summer resort cottage settlements that developed on Tybee between 1890 and 1923 as a direct result of the construction of the Savannah-Tybee Railroad in 1887 and the construction of Hotel Tybee on the south end of the island in 1891. Each cottage was built in the center of a full oceanfront lot that extended from Butler Avenue to the beach.As the row took shape,a common landscape theme was adopted by each subsequent addition to the settlement.All cottages were built at a substantial setback from the dunes,which provided a grassy expanse (or strand) between the cottages and the beach.A walkway passed in front of the steps of each cottage, connecting the settlement with the resort at Hotel Tybee.This arrangement afforded the owners a spacious and private setting with a somewhat communal aspect when desired. In addition, each house has its own bridle path to the beach that ran off of the walkway. Architect/Engineer/Designer/Builder: Architect/Builder: Architect Architect/Builder: Builder Addit 14u41u yuounDalracKeTOn' Page 76 of 192 20140404/jrl Description: Outstanding Strand Cottage-one of the few Strand Cottage's that retains its full oceanfront lot. Appears to have been raised a full story to accomodate auto storage-an historic alteration (not extant on 1916 Sanborn Map, extant on 1955 SBM) influenced by the proliferation of raised Tybee cottages on the island following the completion of Tybee Road in 1923. Exhibits a long, rectangular mass with main living quarters and wrap-around porch raised a 1/2 story(originally) on trussed wood piers with ground level (or basement)featuring servants quarters and changing rooms (for ocean bathing).Cast concrete coping along perimeter of ground level -forms foundation for trussed wood piers (probably added when building raised a full story). Changing rooms located along north side of ground level,servants quarters located in northwest corner of the ground level under main cottage and rear ell (raised,full width gable ell off rear-possibly original). Porch wraps around from the partial width gable ell on the facade and extends the length of the south side. Rooms located on the south side of the building open onto the porch through 2/4 floorlength windows -each room has a separate door with two-light transom (probably bedrooms). Good integrity. 20140410CityCouncilPacket Page 77 of 192 20140404/jrl 1306 Butler Ave. _ _ -; 4 f � ` Ir + F 1G f “, __,h ......,„ . , 4_,____ , , r - /— ; // / ( L - 1r+ 1 --- _ r+ rT - r' 20140410CityCouncilPacket Page 78 of 192 20140404/jrl 4 t ..�:.._ � � i x (1«11 " • lik- = e== _,_ -' ' '' -- .,.... : - • 13 . 58 -: 3 1 Lix.--N ...„...,_,,, • rf- ,'- k. .4,...-4,*'s` .,I,. 4. ---..: 1'.----- -7 8: _ -9.� - ;i I III',. ', _ li . , liggiOer'. , ' i) _ '1. --_. WOW' 4,114 `:„#,.+.,. .'"' 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H F, aa_axlio < Q Q ni ri a vi 20140410CityCouncilPacket Page 82 of 192 20140404/jrl City Councilmen, In previous years,the recipe was simple and the money was easy: 1. purchase a legacy property 2. subdivide 3. flip the smaller parts 4. Repeat. If there is any question as to whether the process of subdivision has improved the collective beauty of our community, I would simply recommend you walk down any of the subdivided properties along Butler Ave., and compare it to the intact property presently in Mr. Benton's trust. It would seem that,when left to our own vices, we tend to overfish oceans, deforest areas of critical vegetation, and subdivide properties into increasingly smaller parcels. Economists call it, The Tragedy of the Commons—that is, no matter the impact to future generations, as individuals, we put our own interests above that of a community. We depend on you—the government—to protect us from our own self-interest. That was premise behind the 2008 Tybee City Council who adopted a master plan which called for: 1. Development consistent with existing character 2. Preservation of low-density character 3. Encourage historic restoration & preservation 4. *Preserve legacy properties which stretch from Butler to the beach. 5. Preserve stately live oak trees. Mr Benton's proposed subdivision runs counter to nearly every aspect of this council's current master elan. We further depend upon you to define and enforce a municipal code for the good of the community. These address such items as permissible work hours for construction, noise in the evening, dogs on the beach, and ingress/egress requirements. These are personal liberties that we, as a community, have collectively agreed to forgo—for the purposes of community order and for public safety. Mr Benton's lot has already been subdivided. In 1894,the lot was created by subdividing two 80 foot wide parcels into THREE parcels,the resultant each being only 53 feet wide. Hence,the lot is already unusually narrow. In fact, review of the Geographic Information System reveals that these three lots already represent the narrowest lots on the beach side of Butler. Furthermore, Mr Benton's lot already possesses non-conforming setbacks of just a few feet. Even before this body has voted, Lot#1 of the proposed subdivision has been listed by Soloman Brokers (MLS#113889), with the description, "can be further subdivided." If approved, I wonder how long it will be before another individual comes before this body asking for further subdivision and additional variance request? Undoubtedly, Mr Benton will argue that previous subdivision of property up and down Butler Ave has set precedent. Unfortunately for him, these have no relevance, as the current proposal must be viewed within the context of our current policies, ordinances and vision. 20140410CityCouncilPacket Page 83 of 192 20140404/jrl MAYOR, CITY MANAGER Jason Buelterman M Diane Schleicher °° � -__ 1 � CITY COUNCIL r CITY CLERK Wanda Doyle,Mayor Pro Tern -, Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks riocca � . 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: April 10, 2014 Item: Public Hearing Explanation: Variance—209 Jones Ave.; zone R-2; Crafton Langley, petitioner; consideration of residential driveway Budget Line Item Number (if applicable): N/A Paper Work: -4 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: April 3, 2014 * * * P.O.Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 , City of , ..cc p v}� it Ethics e. 20140410CityCouncilPacket WWWP8g 84tAs.org 2 4 0 rl� 0 �Cf ,s. PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: March 18, 2014 Petitioner: Crafton Langley Project Name/Description: 209 Jones Avenue 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 X Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop Absent Borkowski X Motion to deny Bramble X Second Livingston Absent Major X _ Marion Chair McNaughton X The Planning Commission reco es: ❑ Approval /1 Denial ❑ Continued / Planning Commission . : Date: I ^ 11 _ / y Planning & Zoning Manager: cy:,i J Date: 03- 19 - 4 4 2014041OCityCouncilPacket Page 85 of 192 20140404/jrl STAFF REPORT s FOR THE PLANNING COMMISSION MEETING OF: March 18, 2014 FOR THE CITY COUNCIL MEETING OF: April 10, 2014 LOCATION: 209 Jones Ave. PIN: 4-0004-11-009 APPLICANT: Grafton Langley OWNER: same EXISTING USE: single-family PROPOSED USE; same ZONING: R-2 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: Inland Cottage Neighborhood APPLICATION: Variance PROPOSAL:The applicant is requesting a variance for off-street parking requirements and driveway width. ANALYSIS: The general character of the 209 Jones Avenue area is fully developed residential. The 1958 cottage was purchased by Ms. Crafton Langley in August of 2013. Building permits issued to date are as follows: • 13-0682—window replacement, ceiling replacement,minor electric,paint; issued 10/29/13 • 13-0691 —drainage; work without a permit; issued 11/04/13 • 13-0705—replace HVAC equipment, raise condenser on platform;work without a permit; issued 11/06/13 The structure does not conform to the required design flood elevation, The costs of improvements to the structure are being tracked against its 2013 value.The work to date has not exceeded 50% of the value. Staff posted a Stop Work on 10/22/13 due to site work occurring without a permit. Land disturbing activity was evident without installation of an erosion control sediment barrier. Although Land Development Code (LDC) Article 15, Soil Erosion and Sedimentation Control, exempts construction of single-family residences from obtaining Land Disturbing Activity permits(LDAP),the minimum requirements of erosion control are applicable to a land disturbing activity of the extent seen at 209 Jones Avenue. In addition to the disturbance of all vegetated areas of the lot, rock had been installed the width of the property beginning at the edge of the street pavement and extending toward the house. The location of the front property line was not known, however, it was evident a significant portion of the rock was on the city's right-of-way. The contractor performing the work at 209 Jones Avenue on 10/22/2013 opted to not apply for a permit for the work that had been accomplished prior to the posting of the Stop Work order. The property owner hired Cory Scoville Construction who then applied for the permit to complete the job. Although characterized by the original and the replacement contractors as drainage improvements,a drainage plan and hydrology calculations prepared by a Georgia-licensed design professional were not submitted for review. The contractor of record and Staff focused on developing a plan that would comply with the residential parking and driveway requirements of LDC Sections 3-080(B)(1) and (C)(1). Section 3-080(B)(1)Residential dwelling units. For every dwelling unit, there shall be provided at least two off-street parking spaces. A caretaker's cottage is a separate dwelling unit and shall be provided at least two off-street parking spaces. Section 3-080(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 1 20140410CityCouncilPacket Page 86 of 192 20140404/jrl 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. Considered during review of the application were available photographs of the property and the permit record databases going back to 1990. A Google Earth image dated July 2013 [attached to this Report] showed a concrete driveway which had provided the required two off-street parking spaces. There was no record that a permit had been issued for removal of the concrete driveway. Nor was a permit located that had approved installation of gravel as shown in the July 2013 Google photo. The 2013 Chatham County Property Record Card included a photograph dated 05/11/2010. It also showed gravel at the street,but no permit was located for the placement of materials in the city's right-of-way. Comparison of the Chatham County 2010 and the Google Earth 2013 photos to the conditions found on 10/22/2013 indicated thevicket fence had been removed and the depth of the rocked area had expanded. The plan formulated by the contractor and Staff included removal of rock in the right-of-way to the extent necessary to provide a driveway opening not greater than 25-feet in width. The uncovered areas would then be planted with grass. The remaining 10-feet of gravel running the width of the property would be off the right-of-way and able to accommodate the two required off-street parking spaces. Staff's calculations verified the plan did not violate the 65% greenspace requirement of Section 3-165. Permit 13-0691 was issued 11/04/2013 and the Stop Work order was removed. A permit placard and a copy of the approved plan were provided to the contractor with the permit. The owner contacted the City Manager, several emails were exchanged, and the owner met with the Planning & Zoning Manager. The owner decided to apply for a Variance. Her request is to leave the rock as it is currently located at the site.A sealed/signed survey prepared February 7,2014,was provided with the Variance submittal. The Inland Cottage Neighborhood as described in the Comprehensive plan: This character area describes the traditional neighborhood along the west side of Butler, which contains narrow, tree-lined streets laid out in a grid pattern. The area is varied in land use as it contains permanent residential properties, multi family homes, rental properties,parks, low-impact commercial establishments, and public buildings. Residential development within this area contains both traditional and historic cottage homes, large new residential houses and multi family units. This area provides for alternative transportation routes by providing an alternative automotive travel route to Butler Avenue, a bike path, and stop signs to slow the movement of vehicular traffic creating a more pedestrian friendly environment. Consideration of this project to the Recommended Development Strategies for the Inland Cottage Neighborhood character area as outlined in the Comprehensive Plan is provided below. Comprehensive Plan Section 1.2.6-Inland Cottage Neighborhood Meets Strategy Recommended Development Strategy Y/N or N/A 1 New development, redevelopment, and restoration should be consistent with the existing N character of the area in terms of mass, scale,use and density. 2 Permit only compatible uses including low density residential, public/institutional, and N/A low impact commercial. 3. Develop and implement design and architectural standards. N/A 4 Implement streetscape improvement to improve the pedestrian/bicycle environment and N encourage safety and mobility. 5. Historic structures in this area should be restored and/or preserved whenever possible. N/A 6. The City should provide appropriate incentives for historic restoration projects. N/A 2 20140410CityCouncilPacket Page 87 of 192 20140404/jrl STAFF FINDING: Staff finds the request for a driveway width of 60-feet at 209 Jones Avenue is not in keeping with the character of the neighborhood or the driveway width restriction of the Land Development Code. The project does not meet the applicable Recommended Development Strategies of the Comprehensive Plan. The site plan issued with the permit met the maximum driveway width standard and provided the two required off-street parking spaces. Given the narrowness of Jones Avenue, the lack of road shoulders, and the lack of pedestrian walkways, a conforming driveway is desirable for public safety reasons. No permits were issued for the gravel previously installed at the property. A permit was not issued for a recently installed walkway shown in a photograph that was submitted by the owner with this Variance application. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Variance application (2 pages) B. Summary &additional submittals from the applicant(6 pages) C. Survey, dated 02/07/2014(2 pages) D. Photographs of conditions when Stop Work was posted, 10/22/2013 (1 page) E. Permit 13-0691, issued 11/04/2013 (1 page) F. Google Earth imagery, dated 07/2013 (1 page) G. Emails in reverse chronological order between 01/22/14 &02/03/14, (6 pages) H. SAGIS map(1 page) ft feni-04;on ate e:veci 4-1-I A 0rAe-+i ?arke..r M o r an I. Grassing Plan issiErcith permit 13-0691 (1 page) Q� �r pl a n�+•n Ce o e►rw: 3 5:pe, am e e 4%.-S I$ pc5Q S 3 20140410CityCouncilPacket Page 88 of 192 20140404/jrl '' CITY OF TYBEE ISLAND Fee cgmzercial $500 ZONING VARIANCE APPLICATION (Residential $zo Applicant's Name ty►� ' L 41: dr Address and location of subject property o 1 C cf 5 A & 1 / �i? ? .1-3* /La- PIN - 3f a� - Applicant's Tele p hone Number 46 73 —3641 Applicant's Mailing Address //6 7 LnN// ' LV, /j'mmtIT 4- j0so6, Brief description of the land development activity and use of the land thereafter to take place on the property: 6 /J44 .,arc altdesital Explain the hardship ( A& .41 Property Owner's Name L�rIL jky'J 1-`qtr Telephone Number *)9 -a f3 `30/9 i Property Owner's Address i/4'7 L 4-71I e (16 I/ --r z- lu "74' , 6 -3°3'76 Is Applicant the Property Owner? Yes No If Applicant is the Property Owner, Proof of Ownership is attached: /Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property /Gni.4urrent Use A /tj /�f r Names and addresses of all adjacent property owners are attached: /Yes If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action, and the date of each contribution; c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Disclosure of Campaign Contributions for -ktach t hereto: 2767/ y- Signature of A ant 7 .7 Date NOTE: Other specific data is required for each type of Variance. Fee Amount ,a00 check Number it es-a- a-1 T- I - city Official cj, 0 20140410CityCouncilPacket Page 89 of 192 20140404/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, shallowness of the lot size or shape, or, V exceptional topographical or other physical conditions peculiar to the particular property. v/ 5-090 (A) (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property. NOTE: Provide attachments illustrating conditions on surrounding properties and on the subject property, indicating uniqueness, etc, 5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the petitioner shall be required to: Add two feet to each side yard setback for each one foot above 35 feet in height, and, Have safeguards consisting of sprinkler systems, smoke detectors and other fi re 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 cs ��, _ s /5 /.1—' Signature Applicant Date {,, V 20140410CityCouncilPacket Page 90 of 192 20140404/jrl 209 Jones Avenue,Tybee Island Summary: PERMITS: ❑ We acknowledge that we did not follow City policies in obtaining the proper permits. For this we sincerely apologize. ❑ We apologize for any behavior of those we've employed considered to be less than professional. ❑ To the City we've paid a substantial fine. ❑ We hope to move forward without the past shadowing future decisions. HARDSHIPS: ❑ Water run-off from Jones Avenue flooded our screened porch. ❑ Water run-off from Jones Avenue threatened to flow into the living room area during heavy storms. ❑ Jones Avenue has no storm drainage. REASONS TO CONSIDER THIS APPLICATION: ❑ There's documentation showing gravel has extended across the front of the property since 2006. ❑ We feel the gravel should be"grandfathered in". ❑ Asking new homeowners to remove gravel already in place and to replace it with grass is unprecedented. ❑ The landscaping was designed in compliance with environmental considerations. (permeable surfaces,plants that require little water,planting grass to slow and absorb rainwater) ❑ Our landscaper is a staunch conservationist and his work enhances the Tybee experience for all. M lei An Atlanta-based firm,The Crofton Group, is designed the new logo and look in consultation with Melissa Yao of My Agency in Savannah. SAVANNAH'S BEACH Savannah Morning News,primary 2014 20140410CityCouncilPacket Page 91 of 192 20140404/jrl 209 Jones Avenue,Tybee island Zoning Variance Application February 2014 7 . ,....., - - ... , AP. fi 4".It4'.'%,;'-:i 4'. " . -..-" 7 , ;Male'ie ,''': ..„.,,,..s.f.; A-41: Li.111, ua 1 • ,. , - - ....i„ii IX °,•!• 1 4 1 1 sr l ill' __i;P:11 Crafton and Gary Langley 209 Jones Avenue,Tybee Island,Georgia 31328 1 107 Lanier Boulevard,Atlanta,Georgia 30306 404 873 3019 20140410CityCouncilPacket Page 92 of 192 20140404/jrl 209 Jones Avenue,Tybee Island Brief description of the land development activity and use of the land thereafter to take place on the property: i. +.. t I _°-„fir �1t�”: R J '} .d. {Q ., I i•4I 'i111 t N _ :. i. 1 2006 November 2013 November 2013 Gravel was put down by previous owners to Non permeable drive was replaced Washed graded stone(the most permeable replace the sand and fill in large ruts. by brick and grass. stone available)was added to existing parking footprint.Fence was moved back 10 feet from original location and stone replaced dirt and a few remnants of grass and weeds. 1 41 For reference:gravel extending the entire property length before November 2013 landscaping began. 20140410CityCouncilPacket Page 93 of 192 20140404/jrl 209 Jones Avenue,Tybee island Explain the hardship: ' ' ' n • Storm drainage issues have long contributed to the erosion and flooding at 209 Jones. uri.,\ -. I t ..-- i , I Previously when it rained the run-off from the street drained down the driveway flooding 0100 ,-� .. j � the porch at 209 Jones. F +.� � It appears that the City acknowledged this issue of erosion along the road and have added all fill lb f F r ° .0; crusher-run gravel in front of 207,209,and 211 Jones in the past.Grass along that part of r the street has been unsuccessful as seen at 205 Jones. - - i.7 We understand that the City,again,has acknowledged drainage problems in this area and is planning to install storm drains on Jones Avenue. IF WE ACT per the City's direction and plant grass left and right of the 25'allotment: -Will the City maintain and water grass on the City property setback.? --If grass is not maintained will the result be further erosion and flooding? L .j -Water conservation is crucial.Is washed rock bed an environmentally better 1,'--- "_ solution to stop water run-off vs.plantings that need irrigation to thrive? WO 00 -vaa s r "Potable (drinkable)fresh water is one of the earth's oe{ most limited resources and the most imyortantfor the ,v -I;i - survival f all pecies on earth. It is crucial that we make t:i% ; - ;771(-.7---. - . the most of what we have and ensure there is For reference:205 and lot 207 Jones Avenue-no gross enough for ourfuture generations." -•http:llwww.cityoftybee.org 20140410CityCouncilPacket Page 94 of 192 20140404/jrl 209 Jones Avenue,Tybee Island Gravel installation- 2006 ,i."_. For reference:Gaogle Earth mop showing white rocks extending across ° :+.;.� the property front Of 209 Jones Avenue in 2012 'tom . ilk Nt ' It 111 11 ] „„,...41110 . a _ Eye alt 141 ft :... 0. ,t. For reference:white rocks extending across the / r property front Of 209 Jones Avenue in 2006 1.h.,; '� r This picture was taken at least 8 years ago. Ricky smith did the white rocks for the Muffmans 1 y+w., ` (previous owners)." -10., . • i Diane Willard Kaufman 209 lanes Ave, ybee Island GA 1 Mermaid Cottages Phone: (912)313-0784 1 ,. tiJt i r »Yw Kt 111\.''.' ' NI llilicit&"4' 111114t Z " ` - n.n s.a Neu,us ii..0'kek-Gr.ec., ►� .. -1R 61loa y 20140410CityCouncilPacket Page 95 of 192 20140404/jrl PAr.I., 1 a.l-Lifi . „,N ,,. ND sari 3.7011179 alro,W,NawA,vevq,rold rw Raniamma.v 3_ ce.V 1 ..,d N,a R viv6o3v`.LLNnoo W 11-1- H0 "41hV-191 33a1LL'3AV 93NC7f 5c?L R Aa-rvNr—r N,p,v P NOIA'v'z!7 I 4 30 301 21015391 31-11 d03 NV-Id 39VNVtic1 A w% ui■= 44 =,[1, �i Z Q°s w� a,�° 4 zam —1�6L E u ° A_ O • � O ?U m/a 1i o9 3nb 43NOr m a O I-4'11 g fl III •'g ': E::.i.yap,-?a.--V-g m a q u q ;•: ::-:':' ,.� a 0 T i �-. P m ° 0_ -1 O i w i- - - 1 a Q w gg ,na Q6 a E- ` e g ' etp.503 e-gwE : 1 in 04wdt'u.za n Z'M ! E ° 4 O -O 4 mo, i "iwoa 11'3'3 um �E .con moo,00 ces _._._._,T....___._ f a — fie+ — of 1-�•�� >< I n , m Zama —n o ff° -•�'----- Q ! 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HOUSE O CJ o m 910.31 e__..T a. 8.1 co z cr] l [j) l t: WOOD FENCE ` N 21°50'34"E x x 1" IPF 59.87' r IF ( GRAVEL—II 8" RHS _3/4° IPF GI 180' TO THIRD ST. ` / S 035'22 'W 60.00' S 21°35'22"W 60.99' a f k ! i,, r EDGE OF PAVING JONES AVENUE 60' R/W PLAT OF " LOT 83 , WARD 1 , TYBEE ISLAND CHATHAM COUNTY, GEORGIA STREET ADDRESS: 209 JONES AVENUE FOR: GARY LANGLEY ACCORDING TO THE F.I.R.M. DATED 9/26/08 THIS LOT IS WITHIN THE 100 YEAR FLOOD ZONE. 20140410CityCouncilPacket Page 97 of 192 20140404/jrl s i „____4_, i [\\LOT 83 co o Oi LOT 82 ' g.9” 1 STORY W' LOT 84 e .. BLACK & . .,i 1 CO= HOUSE v CD 1 0,31 ) -� 8.1 XI z c in iri r- co kn. N zl'SO'34"E W0pD FR ICE x e� 0--1" IPF 59.87' 1" 1, GRAVEL--A a , 8" RBS 3/4" IPF .0 180° TO THIRD ST. i S °35'22"W 60.00' I S 21°35'22"W 60.99' 4 I l r \ EDGE OF PAVING JONES AVENUE 60' R/W PLAT OF LOT 83, WARD 1 , TYBEE ISLAND CHATHAM COUNTY, GEORGIA STREET ADDRESS: 209 JONES AVENUE FOR: GARY LANGLEY ACCORDING TO THE FIRM. DATA) 9/26/08 THIS LOT IS WITHIN THE 100 YEAR FLOOD ZONE. THIS SURVEY WAS PREPARED IN CONFORMITi WITH THE TECHNICAL STANDARDS FOR PROPERTY SURVEYS IN GEORGIA AS SET FORTH 1N CHAPTER 180-7 OF THE RULES OF THE GEORGIA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND NT: QUIPMEE SURVEYORS AND AS SET FORTH IN THE E TOP CON AP°L1A GEORGIA PLAT ACT O.C.G.A. 15-6-67 AUTHORITY O.C.G_A. 15-6-67, 43-15-4, ERROR OF CLOSURE: 43-15-6, 43-15-19, 43-15-22. $,ORGJ4 LINEAR: 1/22,000 ZSTE ANG: 5"/ANGLE d. BEY REYNOLDS * ` 6 * BALANCED BY: L. S. PLAT: 1/181,000 LAND SURVEYOR 0. 2 • A 0 30 636 STEPHENSON AVENUE I i I SUITE C . SCALE: 1" = 30° '4`MAA .4. un 52--0464 4,,, ' 1/ DATE: FEBRUARY 6, 2014 �4/j l DATE: FEBRUARY 7, 2014 FAX: 912-352-7787 1\`' FILE NO. 13-98 4 j RD 7 �o.,stS Ave.. ‘jtiQ WoPc : -_ 1 i' 1/zz/13 1 • , ` {� t.._: -a. 4y 4:'Y h :., '''-, ''':1: .-.,:,:' -- -,',7`,:::',..:1TW• -' • mo t !',f : 5 a4 �1 W !' lt...._ .w., IV F4"1G 4 4 i ^ -4 r ' f t .. • k I 1 � tiii-------iiiri y - • h T Sh 1 1+ 4 ko ? v y',ekew f tea : _ T'4-41. 20140410CityCouncilPacket Page 99 of 192 20140404/jrl CITY OF TYBEE ISLAND BUILDING PERMIT REMOVAL OF ROCK REQUIRED. GRASS TO BE PLANTED IN RIGHT-OF-WAY• DATE ISSUED: 11-4-2013 PERMIT#: 130691 WORK DESCRIPTION REMOVE ROCK/PLANT GRASS WORK LOCATION 209 JONES OWNER NAME CRAFTON LANGLEY ADDRESS 1107 LANIER BLVD CITY,ST,ZIP ATLANTA GA 30306 PHONE NUMBER CONTRACTOR NAME CORY SCOVILLE CONSTRUCTION ADDRESS 604 ATKINSON AVE CITY STATE ZIP SAVANNAH GA 31404 FLOOD ZONE BUILDING VALUATION SQUARE FOOTAGE OCCUPANCY TYPE P TOTAL FEES CHARGED $ 394.00 PROPERTY IDENTIFICATION# 4-0004-11-009 PROJECT VALUATION $2,500.00 Work without permit— double fees plus penalty TOTAL BALANCE DUE: $394.00 It is understood that if this permit is granted the builder will at all times comply with the zoning,subdivision,flood control,building,lire,soil and sedimentation,wetlands,marshlands protection and shore protection ordinances and codes whether local,state or federal,including all environmental laws and regulations when applicable,subsequent owners should be informed that any alterations to the property must be approved by the issuance of another building permit. Permit holder agrees to hold the City of Tybee Island harmless on any construction covered by this permit. This permit must be posted in a conspicuous location in the front of building and protected from the weather. If this permit is not posted work will be stopped. The building contractor will replace curb paving and gutter broken during construction. This permit will be voided unless work has begun within six months of the date of issuance. Signature of Building Inspector or Authorized Agent: , , {/L Azyze/xl- P.0.Box 2749-403 Butler Avenue,Tybee Island,Georgia 31328 (912)786-4573-FAX(912)786-9539 www.cityoftybee.org 20140410CityCouncilPacket Page 100 of 192 20140404/j11 Google Earth Imagery Date: 07/2013 t y_ , I'•� • , r I -- , / l t + - •• ',• } A..X71 �r+.� - - �-144141144- - y tY `�:• 61:/011 oogEe -,1,f" ' «� Google � �rC • lil 20140410CityCouncilPacket Page 101 of 192 20140404/jrl Dianne Otto From: Dianne Otto Sent: Monday, February 03, 2014 12:15 PM • To: Crafton Pease Langley Cc: Diane Schleicher Subject: FW: 209 Jones/Corey Attachments: Fwd: 209 Jones/suggestion that might be compliant.;variance_application.pdf; 2014 _PC_calendar.doc; Sec 3-080 residential parking.doc Dear Crafton, In response to your phone call this morning regarding removal of the rock at 209 Jones Avenue from the city right-of- way, attached is the Variance application packet you requested and a 2014 calendar of meeting dates. Please read the Notes on the calendar for guidance on submitting the application and support documents.You may want to write a brief narrative describing your request. Other needed documents would be a survey of the property, a marked-up survey showing the current conditions, and a mark-up of the survey showing the proposed plan (if it is different from the current conditions). As I understand it, your request will be a Variance from the highlighted items within Section 3-080 (two off-street parking spaces and 25-foot driveway width limit). The ordinance related to Variances is on page 4 of the application packet. Item A discusses hardship.That means what is it about your property that makes it unique such that it cannot conform to the ordinances. On page 1 of the application is a line for stating the hardship.This will very likely be discussed at the meetings so it is important you respond on the application and at the meetings to the hardship question. If you have had a submittal conference with me and I determine your submittal is complete on or before March 1st (March 3rd due to the weekend), your request would be considered by the Planning Commission on March 18 and by the Mayor/City Council on April 10. Please contact me if you have any questions and to schedule the submittal meeting. Sincerely, Dianne K.Otto,CFM City of Tybee Island Planning& Zoning Manager phone 912.472.5031 fax 912.786.9539 Original Message From: Dianne Otto Sent:Thursday,January 30, 2014 4:51 PM To: 'Crafton Pease Langley' Subject: RE: 209 Jones/Corey Dear Crafton, 20140410CityCouncilPacket Page 1D2 of 192 20140404/jrl I am available to meet tomorrow between 9 am and 5 pm, except for between 10:30 am and 11:30 am. Are you available at 1 pm? Three plan pages were received today.They are dated 09/19/2013, so I assume these are from before the permit was issued 11/04/2013. The long-term restoration of the right-of-way for the area other than a 25-foot driveway will need to be grass.Of the items proposed in the email below, pine straw or much could be used to stabilize the dirt while grass seed is growing, or sod could be installed to establish grass much quicker. I look forward to hearing from you soon. Dianne K. Otto, CFM City of Tybee Island Planning&Zoning Manager phone 912.472.5031 fax 912.786.9539 Original Message From: Crafton Pease Langley [mailto:craftonp @bellsouth.net], Sent:Thursday,January 30, 2014 11:01 AM To: Dianne Otto Subject: 209 Jones/Corey Hi, Dianne. Gary just had a call with Corey._Corey thought the City would be satisfied if we put pine straw, sod, or mulch in the part of the area where the gravel is now.The fence can stay where it is. If this is the case, we're happy to do this. Corey will be in touch with you today. Thank you, Crafton 20140410CityCouncilPacket Page T-03 of 192 20140404/jrl From: Crafton Pease Langley [mailto:craftonp©bellsouth.netl Sent: Monday, January 27, 2014 7:00 PM To: Dianne Otto Subject: 209 Jones/ suggestion that might be compliant. Hi, Dianne. Thank you for letting us know that Cory is still in good standing. Here's perhaps a suggestion that would be compliant. At our expense we move the fence back to the original place - forward toward the road. Behind the fence we'll then take up the permeable rock that was added and plant grass (again at our expense). We prefer to keep the rock across the front of the property as is was in the original Google Map photo. We've reviewed a few older photos of the home. (Please see below.) They show that the rock has been in this location for several years and we'd assume the City has had time to notify previous owners if they felt this was against code or questioned a permit. The non-permeable concrete drive was replaced with a narrow brick walk and grass added to stop erosion and, when it rained, the gully washer of water, mud and sand that drained from the road, then down the driveway and onto the porch. Hopefully you'll consider and understand that the overall improvements we've made to the landscaping were all done in an effort to be environmentally conscientious. We hope that we can reach a compromise soon - well within your 30 day deadline. Gary and I can rearrange our work schedules to meet in person this Friday if you think this would be helpful. Best regards, Crafton • t' k 1 114 1 I�r.� Li- • 4 411 111111: 1111111 1111111 `I. I Crafton,thank you for your quick response. I agree the Google photograph shows rocks in the right-of-way. But no permit allowing that can be located. It appears to be work without a permit by a previous owner. The burden to correct the site now lies with its current owner. 20140410CityCouncilPacket Page 104 of 192 20140404/jrl By communicating my concerns to the property owner, Cory has fulfilled one of his many roles. As we continue to work toward resolution, even if you undertake the work of restoring the site yourself, Cory Scoville Construction would remain the contractor of record.This department works cooperatively with Cory on his many projects. This situation has in no way tarnished his reputation. Sincerely, Dianne K. Otto, CFM City of Tybee Island Planning&Zoning Manager phone 912.472.5031 fax 912.786.9539 From: Crafton Pease Langley [mailto:craftonWhellsouth.net] Sent: Monday, January 27, 2014 1:48 PM To: Dianne Otto Subject: 209 Jones/ two quick questions. Dianne, good afternoon. This is so helpful to see everything spelled out in one place. Thank you. It will take me a bit to review and make sure that I understand the details but I'll do my best to be back in touch by the EOD today. Two quick questions: Is their anything we can do to immediately to get Cory out of the middle of this? We don't want to tarnish his reputation. It looks like the rock was in place, on city property, before our landscaping. Is this how you read the Google maps? Again, your efforts to get me up to speed are much appreciated. Crafton Dear Crafton, Thank you for contacting me about your property. There are 3 attachments to this email to guide our conversations about 209 Jones Avenue. The photograph from Google shows a concrete driveway previously existed at your property with a gate for vehicles to access the property. The driveway was removed without a permit and a substantial amount of rock was added, much of it on city property. The following Tybee ordinance requires a minimum of two onsite parking spaces for a single-family dwelling. One important goal of permit 13-0691 is to restore at least two onsite parking spaces. 20140410CityCouncilPacket Page 105 of 192 20140404/jrl Sec. 3-080. Off-street parking requirements. (A) In all zoning districts, handicapped parking shall be provided as required by the O.C.G.A. Title 30 Accessibility Code. (B) Residential district parking requirements and residential off-street parking requirements. Off-street parking facilities shall be provided and maintained on site for all buildings, structures or premises being used in whole or in part for residential purposes, or for any other use permitted in residential districts. (1) Residential dwelling units. For every dwelling unit, there shall be provided at least two off-street parking spaces. A caretaker's cottage is a separate dwelling unit and shall be provided at least two off-street parking spaces. The 3-page attachment contains scans of the building permit,the permit application, and photos of the site conditions when a Stop Work order was posted 10/22/13 for work without a permit. The final attachment is a restoration plan that was provided to Cory Scoville when he assumed responsibility for this project on your behalf from John Dugger. Below is an additional code within Section 3-080. it limits driveways to 25-feet wide in the city's right-of-way. The restoration plan was my creation to satisfy the two vehicle requirement and the 25-foot driveway limit. The location of the 25-foot wide area can be changed if it would better suit you to shift it to the left or the right. It will be required that there be at least two parking spaces on your property. Therefore, if you are not going to reopen the gate and driveway where vehicles parked in the past,the two vehicle parking spaces will need to be parallel parking spaces located on the rock strip that runs the length of the property above the 25-foot driveway. The driveway is access to your property. If additional parking needs are anticipated,the additional parking spaces need to be located on your property, not the right-of-way. (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. Removal of rock and the planting of grass in the city's right-of-way is required. If you would like to discuss this information please let me know. I am open to considering your suggestions for modifying the plan if the changes will result in compliance. It would be important to obtain approval and document the changes for the permit file prior to any work contrary to the plans agreed to be by Cory Scoville. Nearly 3 months have passed since the work was assumed by Cory. It is due to my recent insistence with Cory that this issue be resolved that it is now being discussed. Via this email, I am establishing today a 30-day deadline for bringing this site into compliance. Sincerely, Dianne K. Otto, CFM City,7{0T1 hVcaNlic ilPacket Page 106 of 192 20140404/jrl Planning &Zoning Manager phone 912.472.5031 fax 912.786.9539 From: Crafton Pease Langley [mailto:craftonp©bellsouth.neti Sent: Friday,January 24, 2014 12:15 PM To: Dianne Otto Subject: 209 Jones/ phone call Hi, Dianne. Would you have time for a call today at 4? I have an early afternoon meeting but can be flexible from 4 on. Monday is also good if that works better for you. Thank you and hope you've a fun weekend planned. Best regards, Crafton Begin forwarded message: From: Crafton Pease Langley <craftonp @bellsouth.net> Subject: 209 Jones Date: January 22, 2014 4:01 :13 PM EST To: Dianne Otto <Dotto @citvoftybee.org> Bcc: Gary Langley <gary.langley @myintown.com> Good afternoon, Dianne. Hopefully Diane Schleicher has had a chance to convey to you that we'd like very much to satisfy the city requirements for our landscaping permit. She said that you'd be the one to let us know exactly what needs to be done. Would you have time for a call tomorrow morning? Perhaps using the photo attached could help us communicate about the concerns better. I got a little lost with some of the descriptions from Diane. She did mention her concern that the additional gravel wasn't permeable. Here's how the landscaper responded; I was careful to use a washed graded stone that is as permeable as stone gets. It is important to note that we removed impermeable concrete and put gravel, grass and mulch in it's place. 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I A 1 .1 II 1 >104'8139"1,k 9 3 ,0004 3„00 90 0L N It a 4 O 20140410CityCouncilPacket Page 127 of 192 20140404/jrl MAYOR CITY MANAGER Jason Buelterman '44146, Diane Schleicher CITY COUNCIL 1 CITY CLERK • Wanda Doyle,Mayor Pro Tem a 4 ' '•- Janet LeViner Barry Brown , Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be Listed on the next scheduled agenda. Council Meeting Date for Request: April 10, 2014 Item: Public Hearing Explanation: Variance—8 T.S. Chu Terr.; zone C-1; 8 T.S. Chu, LLC, petitioner; consideration of setback, greenspace, and driveway width Budget Line Item Number (if applicable): N/A Paper Work: -V Attached* V 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: April 3, 2014 * * * P.O.Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573—FAX(866) 786-5737 , City of A 14 Ethics If www.cityoftybee.org 20140410CityCouncilPacket Page 128 of 192 201-4 04/jrl PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: March 18, 2014 Petitioner: 8 T.S. Chu, LLC Project Name/Description: 8 T.S. Chu Terrace Action Requested: Variance Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance X Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop - Absent Borkowski Bramble Livingston SEE BELOW Absent Major Marion Chair McNaughton The Planning Commission recommends: n Approval ® Denial n Continued Greenspace — McNaughton made motion to approve/Bramble seconded (3-2) [Bramble and McNaughton approved/Major, Borkowski, and Marion denied] Ramp — Borkowski made motion to deny/Ma'or seconded (3-1) [Borkowski, Major, McNaughton approved/Bramble denied] Driveway Width . Major ma' motion to deny/Borkowski seconded (3-1) [Borkowski, Major, McNaughton approved/Br. •le denied Planning Commission Chair: Date: 7 1 5 ° (y Aar Planning& Zoning Manager: TIM 'j Date: 3 -k cf -\ '4 20140410CityCouncilPacket Page 129 of 192 20140404/jrl STAFF REPORT PLANNING COMMISSION MEETING: March 18, 2014 CITY COUNCIL MEETING: April 10, 2014 rAlfK.lw'° LOCATION: 8 T.S. Chu Terr. PIN: 4-0009-03-012 APPLICANT: William Navon OWNER: 8 T.S. Chu, LLC EXISTING USE: 5-unit residential PROPOSED USE: same ZONING: C-1 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: 17th Street Neighborhood APPLICATION: Variance PROPOSAL: The applicant is requesting Variances for a required setback,for greenspace,and for driveway width. ANALYSIS: The general character of the area around 8 T.S. Chu Terrace is densely developed residential with a mix of single-family and multi-unit structures. The subject property was purchased by the current owners in September of 2012. Permits obtained by the current owners are as follows: • 13-0003—discovery/tearout only; issued 01/02/13 • 13-0250—major renovation; issued 04/17/13 • 13-0633—fire sprinkler; issued 10/10/13 • 13-0648—fence; issued 10/15/13 • 13-0799—fire alarm; issued 12/18/13 f 71r il� �� .r • 13-0810—parking area; issued 12/20/13 "° -- The structure does not conform to the required design ::: flood elevation.The costs of improvements to the structure were not tracked against its value due to the - I MI l g w_ pending inclusion of the structure on the National Historic -- Registry. 11 P .. The adjacent photograph dated 06/08/2007 was copied from the 2013 Chatham County Property Record Card.Note a driveway onto the property is not shown. Attached to this Report are photos of current site conditions. Each of the Variance requests will be discussed below. SETBACK The building renovation under permit 13-0250 required the structure be ADA accessible.A ramp was installed at the front of the building.To increase parking capacity at the site, the applicant now seeks to relocate the ADA ramp to the west side of the structure.The required side setback for this property is 10-feet [Section 3-090(B); zone C- 1(C)1. The building is setback from the west property line between 7.9-and 8.4-feet. The request to install the ramp in this side setback will increase the nonconformity to the required setback. GREENSPACE Staff received a request to review a proposal to install a parking area at the property.The response by Staff to the inquiry was to calculation the total square footage of the setbacks, and the square footage for 65% of the setbacks. Section 3-165 requires vegetation of 65% of the setbacks.The setbacks total 3201 square feet.The 65%© calculation is 2,081 square feet which is the amount of the setbacks that needed to be vegetated. The contractor submitted a 1 20140410CityCouncilPacket Page 130 of 192 20140404/jrl plan that provided 2,094 square feet of greenspace.The application was approved and permit 13-0810 was issued. Removal of rock from portions of the setbacks was needed to offset installation of a 60 by 20-foot parking area. The applicant now seeks a Variance to reduce the required greenspace to 54%. Relocation of the ADA ramp to the side setback and expansion of the front parking area would reduce the percentage of greenspace. DRIVEWAY WIDTH Permit 13-0810 for installation of a parking area was based on approval of a plan prepared by the contractor. The plan met the greenspace requirement and it met the 25-foot driveway width restriction of Section 3-080(C)(1). The applicant now returns with a revised plan that would expand the 20-foot depth of the parking area to 48-feet. If granted, the pavers would extend to the pavement of the street. The proposed driveway would be contrary to Sections 3-080(C)(1): (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. The C-1 Zoning District is outlined in Section 4-050(E): The purpose and intent of commercial districts is to provide central locations for city businesses and services to meet the market needs of Tybee Island residents and visitors. The focus of the C-1 beach business land use district is to provide for commercial and residential land uses that support and complement recreational use of the beach and general tourism of the island. The land uses permitted in this district provide for a substantial amount of the island's employment base. The amount of C-1 acreage is directly proportional to the city's economic activity. These land uses are designed to harness economic activity of the daytime visitor as well as residents and overnight visitors. The 2008 Comprehensive Plan placed the 8 T.S. Chu Terrace dwelling in the 17th Street Neighborhood Character Area. This Character Area is defined by a dense mix of residential uses that includes single-family, multi-family, and vacation rentals. The area is mainly defined by its proximity to the Strand, beach, and pier. There is a high ratio of rental property and seasonal residents in this neighborhood[Section 1.2.12]. As outlined below, the proposed project does meet some of the applicable Recommended Development Strategies. Comprehensive Plan Section 1.2.12 Meets Strategy 17th Street Neighborhood • Recommended Development Strategies Y/N or N/A 1 New development, redevelopment, and restoration should be consistent with existing character of the area in terms of mass, scale,use and density. 2 Future development and redevelopment should be very pedestrian-oriented with safe N connections to adjacent neighborhoods and commercial areas. This area is appropriate for residential development that contains a mix of densities and 3. housing options (i.e. multi-family homes, townhouses, condos, apartments, year round Y rentals, etc.). 4. Mixed uses should be encouraged to provide for the daily needs of residents and tourists. N 5 All commercial uses should be low-intensity uses, consistent with the existing character N/A of the neighborhood. Uses and zoning within this area should provide a "transition" from South End 6' Neighborhood to the SDHBC (The Strand Downtown Historic Business District). Y 2 20140410CityCouncilPacket Page 131 of 192 20140404/jr1 STAFF FINDING: Relocation of an existing ADA ramp into a building setback further increases the nonconformity to the required 10-foot setback.A site development plan that satisfied the requirement for vegetation of 65% of the setbacks was issued a permit in December 2013. The request to reduce to 54% greenspace is not in compliance with the Land Development Code. Staff finds the request to connect the 60-foot wide parking area to the street pavement would result in a driveway opening not in keeping with the 25-foot width restriction. The project does not meet two of the applicable Recommended Development Strategies of the Comprehensive Plan. T.S. Chu Terrace is narrow, lacks road shoulders, and has no sidewalks. For public safety reasons a nonconforming driveway is not desirable. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Variance application(2 pages) B. Survey, dated 02/15/2013 (1 page) C. SAGIS map (1 page) D. Email in response to parking area inquiry, dated 12/11/2013 (1 page) E. Approved greenspace plan for permit 13-0810, issued 11/04/2013 (1 page) F. Photographs of existing conditions, 09/09/2014 (2 pages) G. Greenspace calculations by Staff for permit 13-0810(1 page) H. Proposed site plan from applicant for Variance application(1 page) 3 20140410CityCouncilPacket Page 132 of 192 20140404/jr1 Site Plan Fee e,,, Commercial $500 CITY OF TYBEE ISLAND Residential $250 1"' SITE PLAN APPROVAL WITH VARIANCE APPLICATION , ' variance Fee *1; / Commercial $500 ,�r� Applicant's Name ? 73 ( J/1,f L LC /if-ill/I-It� 4 4 (10 it/ Residential $200 Address and location of subject property 75 Chu /z°! A eriee. i ia , 3/3zt PIN 11— 6 — b3- Of 0.- Applicant's Telephone Number 91/;— 7Z -96 Applicant's Mailing Address 44)O80X e-/-97 e .r/4i, 64 3/3- Brief description of the land development activity and use of the land thereafter to take place on the property: 5 tin/-74 4P,i1-,Q-m e,d 3 — //1)-e4--&,4 I' -E /5 Explain the requested variance . /: V ' ' l�i',c 1v !0 'r` 'r ''1i - ,i�} C r 4 Explain the hardship Property Owner's Name lj)f //,,4 /V/41/0I1 Telephone Number 9/9 - 7& - 5 6' Property Owner's Address // ( L"ec., )f 5 ke . 7 t y Ae _ -,1/ O.4 3/3d e Is Applicant the Property Owner? )(. Yes No If Applicant is the Property Owner, Proof of Ownership is attached: )( Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property c.._ \ Current Use Be RC h 13U,Si ne3 S 2cK\i rn Qi r2-aL- Names and addresses of all adjacent property owners are attached: )/"Yes If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action, and the date of each contribution; c. An enumeration and des9-iption of each gift having a value of $250 or more made by the Applicant to the local governmen�fficial during the two (2) years immediately preceding the filing of the application for this -oning action. Disclosure of mpai rfContributi m attachment hereto: Yes 3 3 IF Signatur of Applicant Date NOTE: Other specific data is required for each type of Site Plan Approval with Variance. Fee Amount DO Check Number 00\k 0 2 Date J -3-i4-(-- City Official 015 20140410CityCouncilPacket Page 133 of 192 20140404/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) Narrative describing the hardship and the reason for the variance request. Explain the hardship: 5-040 (D) (3) A survey of the property signed and stamped by a State of Georgia certified land surveyor. 5-090 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including: irregularity, narrowness, or, shallowness of the lot size or shape, or, exceptional topographical or other physical conditions peculiar to the particular property. 5-090 (A) (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property. NOTE: Provide attachments illustrating conditions on surrounding properties and on the subject property, indicating uniqueness, etc. 5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the petitioner shall be required to: Add two feet to each side yard setback for each one foot above 35 feet in height, and, Have safeguards consisting of sprinkler systems, smoke detectors and other fire protection equipment deemed necessary at the time by the Mayor and Council, and, Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above 35 feet height. The Applicant certifies that he/she has read the requirements for Variances and has provided the required information to th best of i,5%her ability i truthful and honest manner. — (-1- Signature o Applicant Date 5-090(C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a period of 12 months from date of approval. Such approval is based on information provided in the application. Building permits may only be granted for plans consistent with the approved application. Any deviation from the information submitted will require separate approval by the mayor and council. 20140410CityCouncilPacket Page 134 of 192 20140404/jr1 z 0 c Avi C)a C)` 2 . a a■ a rz. .1, © QU� O -AW 6 a ri z 4 UC E■POW] i �— 1O O 1 B 1.[4_59'/211 49.92'��_' r G V/ � 1 G • 9a ,POE I ji 1.!I iK ffi I -' Ill N C I n F. $, 1111111 Is x in Pa is. b _,� rl -I N i U F-;/ E + 1 ! I 0. �l .. . -•1 I En MN Jr: • N 1O• 16 59.99 - - - C C w 4 il-.40 OP ° .7"g rh$ so 7.0,14 y L o � r F 2;illiliii: g Et% i g i. 211E'l x� 20140410atyCouneilPaeket Paae 135 of 192 20140404/jrl O i 4 LL o -O Q 0. .4- in ill N N G N C 2 w '?. 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O J d w � _c N N> vi ri M rn W -ac 6, L7 co clNL. 70 0 E co CO ¢ d Q t U � " c m ii N aao ° Qm(Arnrn6,- 0 ro st .0 t ol o ¢ = jT CO us ill r Q tQ a W m e W r- m m Q Q o o I— b (1) 0 LL N 6 a o 0 pj 7,3 :3 s v co c, Q() c -_ O r- R , O _E 13 => o N L - m C O pa 1 Go 0) L a) U ' T (53 w > , - - O LT c] p Ln O o O 2 i S L co o_ G U -a , ai Q) La � O QS a)0`)N Eoo- avno > ca� Mo > w z h ¢¢ a ¢a ¢ '4'12 a d i a) a) cao ,- P , s Z Q 0 O -CS c O N g ...- _g .– L3-w (o C'7 a) RS (o d , ,N O I I 1__'❑ OEE a_Nu_ ‹eDc)c. a > wfTruzL3 `�amCC cococncn--I0- r , s r' r r / ;7'o ...may I ....._ __- t-----7 i 4qr ----' I irk #ig µ ti { ? t---/".--- !1b � `` ti r `ait—I-77 I ' �`J � l5 `may ; -- ' "sr—, --II 1--q-1 4:r 11-- . - Etppt/7 / ----7 .,, / ,,r i '_____ C-1-2 _ 0) t -� , i. ,t 411 - w PI / L. . rile ,r-r, --- IL----_ i " i 1/4----.. ,...._ 7.----7N- ���Z y fit* r w /- al { L 1.-_,,JL '-'1°3:, '-. ___ r,71::,,,,t_ 4 / i 1 _ ,1 i --------t- '''''-7 „.....r try{ '7----- r 3j�r r ley rt} rf �` r ti--1 ~ `1 .,.._______(_.: _..7 ii------- .---- . / ;--: -r 1± +i.' %qunciIPackOt -.„. +f / Pigs- 6 of 190 1-��-�- r 7 i f�2014Q404/j it -,t--- / / / ,.'-2T,------/ r r d i r ) Dianne Otto From: Dianne Otto Sent: Wednesday, December 11, 2013 10:28 AM To: DOYLELANDSCAPING @BELLSOUTH.N ET Subject: 8 T S Chu Attachments: Untitled_20131211_094316_001.pdf Kimberly, Attached is the plat for 8 T S Chu with calculations of the square footage of the setbacks.As discussed,the allowance for a driveway from the pavement of the street to the property line is 25-feet, or two openings that total 25-feet.You will need to design the site to end up with 2,080.6 square feet of the setbacks being greenspace. As you mentioned, removal of rock will be needed.The definition of greenspace is: Sec. 3-165. Greenspace. In all zoning districts, 65 percent of the designated setback area of a lot shall remain in a vegetative state.This greenspace requirement shall require that at least 65 percent of the required setback area for a parcel remain in a natural vegetative state, and is not to be reduced by setback area averaging or variances granted so that the square footage required is calculated without regard to the averaging or a variance granted. To meet the greenspace requirement,focus only on the setbacks. It won't matter what you do to the areas not in the setbacks. For example,you won't get any credit for the 5-foot planter area you described up next to the building because it isn't in a setback.Well, a tiny bit will be on the left end. Obviously the block building on the back and the sides of the building that protrude into setbacks count against the 65%. Please provide a detailed plan showing the various areas in the setbacks to be vegetation.They need to add up to 2,080.6 square feet. If you need additional guidance please let me know. Good luck! Dianne K.Otto,CFM City of Tybee Island Planning&Zoning Manager phone 912.472.5031 fax 912.786.9539 Original Message From:Administrator Sent:Wednesday, December 11, 2013 9:34 AM To: Dianne Otto Subject: Scan from a Samsung MFP Document sent to you using a Samsung MFP 1 20140410CityCouncilPacket Page 137 of 192 20140404/jrl N... vC3 4 4. ____ _ . . . ___ ___ , : . _ . _ ____ . . - 'tom _- -_ ilk 1 - t._ Y 4, b Iyy a S 9 a ` _ � f . .\%. 7 Vim\ - -.-v `' yy� y .. c cSs S 2 201404 ityCouncilPacket Page 138 of 192 20140404/jrl lifOrNIIIIIMI■" migml ..„- ----...„..4 saria■-ii■■IMI =01=11 Triszw --..zse■ffr wm■mmx wisciNI■lrel • '•- -:A'-:,;_ , 't7-'4_14 . - - f _. . . t . .. ..- 1 . t ... ... Mt -- . .011101M;Wria....4-, '!../ •••••■■ 4 r. , \ \ ! , . • , , 1 „.,.._ ... _ 1,... -.' 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If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: April 10, 2014 Item: Public Hearing Explanation: Text Amendment Ordinance 27-2014; Section 9-050, Technical Codes adopted; Standards for Residential Construction in High-Wind Regions (ICC); City of Tybee Island, petitioner; consideration of amendment to adopted codes 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: April 3, 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 '�►��,$ if 20140410CityCouncilPacket Page 143 of 192 20140404/jrl ctcis Est csf,„, PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: March 18, 2014 Project Name/Description: Section 9-050 Technical Codes Adopted Action Requested: Text Amendment Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code X Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop Absent Borkowski X Second Bramble X Livingston Absent Major X Motion to approve Marion Chair McNaughton X The Planning Commission recommends: ! eproval ❑ Denial ❑ Continued Planning Commission C` Date: 3 ._l 1 Air Planning & Zoning Manager: . S , Date: 3 -( 1 -14 20140410CityCouncilPacket Page 144 of 192 20140404/jrl PROPOSED ORDINANCE WITH REDLINES ARTICLE 9. BUILDING REGULATIONS Sec. 9-050. Technical codes adopted. (A) The following codes as currently amended by the Georgia Department of Community Affairs are adopted: (1) International Building Code (ICC); (2) National Electrical Code (NFPA); (3) International Fuel Gas Code (ICC); (4) International Mechanical Code (ICC); (5) International Plumbing Code (ICC); (6) International Residential Code for One-and Two-Family Dwellings (ICC); (7) Standard for Hurricane Resistant Residential Construction (SBCCI); Standards for Residential Construction in High-Wind Regions (ICC) (8) International Energy Conservation Code (ICC); (9) International Fire Code (ICC); (10) Life Safety Code (NFPA); (11) International Existing Building Code (ICC); (12) International Property Maintenance Code (ICC). (13) International Swimming Pool and Spa Code (ICC) (B) [Reserved] (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. (D) Adopted in addition to the technical codes of section 9-050(A) is a local requirement that all pier footings shall be a minimum of 36 inches wide by 36 inches wide by 36 inches deep with concrete being a minimum of 20 inches thick. The bottom of the concrete is to be a minimum of 36 inches below natural grade. All stemwall footings and monolithic slab footings shall be a minimum of 20 inches wide by 24 inches thick. The bottom of the concrete is to be a minimum of 24 inches below natural grade. All footings shall have reinforcing steel as required. 03/10/2014 20140410CityCouncilPacket Page 145 of 192 20140404/jrl ORDINANCE NO.27-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SECTION 9-050(A)(7) REGARDING TECHICAL CODES ADOPTED 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 9-050(A)(7) Off-street parking dimensions, 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 9-050(A)(7) of the Code of Ordinances of the City of Tybee Island shall be amended. SECTION 1 Section 9-050(A)(7)shall be amended so that hereafter it will read as follows: ARTICLE 9. BUILDING REGULATIONS Sec. 9-050. Technical codes adopted. (A) The following codes as currently amended by the Georgia Department of Community Affairs are adopted: (1) International Building Code (ICC); (2) National Electrical Code (NFPA); (3) International Fuel Gas Code (ICC); (4) International Mechanical Code (ICC); (5) International Plumbing Code (ICC); (6) International Residential Code for One- and Two-Family Dwellings (ICC); (7) Standards for Residential Construction in High-Wind Regions (ICC) (8) International Energy Conservation Code (ICC); (9) International Fire Code (ICC); 20140410CityCouncilPacket Page 146 of 192 20140404/jrl (10) Life Safety Code (NFPA); (11) International Existing Building Code (ICC); (12) International Property Maintenance Code (ICC). (13) International Swimming Pool and Spa Code (ICC) (B) [Reserved] (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. (D) Adopted in addition to the technical codes of section 9-050(A) is a local requirement that all pier footings shall be a minimum of 36 inches wide by 36 inches wide by 36 inches deep with concrete being a minimum of 20 inches thick. The bottom of the concrete is to be a minimum of 36 inches below natural grade. All stemwall footings and monolithic slab footings shall be a minimum of 20 inches wide by 24 inches thick. The bottom of the concrete is to be a minimum of 24 inches below natural grade. All footings shall have reinforcing steel as required. 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. 20140410CityCouncilPacket Page 147 of 192 20140404/jrl ADOPTED THIS DAY OF ,2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/27-2014 See 9-050(A)(7)high wind—04.02.14 20140410CityCouncilPacket Page 148 of 192 20140404/jrl : °� .t • • _.� _ — • ' ,"A� \ w "[',ty - I i- K i' fit'+. \ 4,,A M , 1, 1__`-. f '-. ..1-1' 'mss Ti 'P •• ( ' • E -- M - 1 _ �� k tit i _.--. .= ���,,.. . j.'jI ��. / ����'%v' s ueA CONSTRUCTION IN i., _ -„,,/,_-i-_. .- - = PW . ', . �-. _-. . 1CG 60a-2048 American National Standard '4,,..." ft`' -y\ice 4_ - `. � II• Y-• 'Y - .,-(' ::./, ,+ `t� l' INTERNATIONAL -} - , CODE COUNCIL@ 'i 20140410CityCouncilPacket Page 149 of 192 20140404/jrl Maki - MAYOR F ^ CITY MANAGER Jason Buelterman <fiyy Diane Schleicher CITY COUNCIL * CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks "ft ocrOw 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: April 10, 2014 Item: Public Hearing Explanation: Text Amendment—Ordinance 28-2014; Section 3-080, Off-street Parking Requirements; City of Tybee Island, petitioner; consideration of parking space dimensions for small vehicles Budget Line Item Number(if applicable): N/A Paper Work: Nf 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: April 3, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573—FAX (866) 786-5737 , City of 1v Ethics www.cityoftybee.org =141 _1y 20140410CityCouncilPacket Page 150 of 192 2 &4/jrl . 49* °.r PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: March 18, 2014 Project Name/Description: Section 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 Absent Borkowski X Motion to approve Bramble X Livingston Absent Mayor X Second Marion Chair McNaughton X The Planning Commission recom ds: // Approval ❑ Denial ❑ Continued Planning Commissi.'• -� Date: 3- 11 - ' 1 Planning & Zoning Manager: _ . t. ,,,,_ 1111t.i- Date: 05- I 20140410CityCouncilPacket Page 151 of 192 20140404/jrl Section 3-080, Off-street Parking Requirements (E) Off-street parking dimensions. Standard Aisle Width Parking Angle Traffic Direction 8 x 20 feet 12 feet Parallel One-way 8 x 20 feet 24 feet Parallel Two-way 9 x 18 feet 15 feet 45 degrees One-way 9 x 18 feet 18 feet 60 degrees One-way 9 x 18 feet 24 feet 60 degrees Two-way 9 x 18 feet 22 feet 75 degrees One-way 9 x 18 feet 24 feet 90 degrees One-way or Two-way Low Speed Vehicles & Motorcycles& Golf Carts I (without a Scooters charging station) 6x11 feet 5x9feet J 03/14/2014 20140410CityCouncilPacket Page 152 of 192 20140404/jr1 ORDINANCE NO. 28-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SECTION 3-080(E)REGARDING OFF-STREET PARKING DIMENSIONS 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(E), Off-street parking dimensions,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(E) of the Code of Ordinances of the City of Tybee Island shall be amended. SECTION 1 Section 3-080(E)shall be amended so that hereafter it will read as follows: Section 3-080, Off-street Parking Requirements (E) Off-street parking dimensions. Standard Aisle Width Parking Angie Traffic Direction 8 x 20 feet 12 feet Parallel One-way 8 x 20 feet 24 feet Parallel Two-way 9 x 18 feet 15 feet 45 degrees One-way 9 x 18 feet 18 feet 60 degrees One-way 9 x 18 feet 24 feet 60 degrees Two-way 9 x 18 feet 22 feet 75 degrees One-way 9 x 18 feet 24 feet 90 degrees 1 One-way or Two-way 20140410CityCouncilPacket Page 153 of 192 20140404/jrl Low Speed Vehicles & Motorcycles & Golf Carts Scooters (without a charging station) 6 x 11 feet 5 x 9 feet 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. MAYOR ATTEST: CLERK OF COUNCIL 20140410CityCouncilPacket Page 154 of 192 20140404/jrl FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/28-2014 See 3-080(E)off street parking dimensions—04.02A4 20140410CityCouncilPacket Page 155 of 192 20140404/jrl PLANNING COMMISSION CITY MANAGER Demery Bishop, Vice Chair 1 Diane Schleicher Tom Borkowski -gl Marianne Bramble a' PLANNING &ZONING MANAGER Julie Livingston I ; " I Dianne Otto, CFM John Major tis � • Tyler Marion, Chair \.., CITY ATTORNEY David McNaughton .f Edward M. Hughes MINUTES Planning Commission Meeting March 18,2014-7:00 p.m. Chair Tyler Marion called the March 18, 2014, Tybee Island Planning Commission meeting to order. Commissioners present were Marianne Bramble, David McNaughton,John Major,Tyler Marion,and Tom Borkowski. Mr. Marion -The first order of business is the minutes of the February 18, 2014, meeting. Do I have any discussion? [There was none.] Do I have a motion? [Mr. McNaughton made a motion to approve as written; Mr. Major seconded.] All those in favor please signify. [The vote was unanimous.] Mr. Marion - Do we have any recusals or disclosures? [Mr. Marian stated he was not going to recuse himself but wanted to note for the record that he is a member of St. Michael's Church and parish council. Ms. Bramble stated she is a member of St. Michael's Church.] Mr. Marion asked staff to include old business on future agendas for discussion. Special Review&Site Plan Approval-Tybee Island Maritime Academy-714 Lovell Ave.&0 Eighth St. Ms. Otto-The item before you is for the Tybee Island Maritime Academy is Special Review and Site Plan Approval. The request is two modular buildings at the current Maritime Academy location. One will be at Lovell Avenue and one at Eighth Street. The staff report and documents supporting it show that they are proposing one modular building to be located adjacent to the current school building that has the gymnasium attached to it. The second modular building would be kitty corner at the lower grade building with the playground. There is a requirement in the R-1 district,this is zoned R-2 but you fall to the R-1 standards, which requires schools of general education to have Special Review. In addition to the Site Plan requirement there is the Special Review requirement. Mr. Major-In our ordinances there are a number of requirements for Special Review such as buffering plans, parking plans, green space calculations, and architectural renderings that I didn't see in the packet. Are those being waived? Ms. Otto-They are not being waived so much as being on an economic point of view seeking approval before moving forward with those needed items that are expensive to obtain through engineering. As far as green space for the first location, it is going onto a black top surface so there is no additional impact there. For the other location, green space has not been calculated. Another aspect is the determination of what type of foundation is to be used to elevate these. If it is an open foundation that drainage is going to flow under the buildings, it would not be as significant an impact as if there is a solid foundation that the water couldn't flow under. We don't know yet how these are going to be set, if they are going to be on permanent foundations or temporary structures that are remaining on their chassis and removable. Until those questions are answered they were not put to the burden of providing that information. Mr. Major-There is also parking and buffering. The architectural renderings that are required as part of the submittal, if these are prefabricated it seems like we could see what they look like and I think that is an important consideration. 1 20140410CityCouncilPacket Page 156 of 192 20140404/jrl Ms. Otto—The diagram in your packet is more of a floor plan. Mr. Major—That doesn't tell me what it is going to look like from the street. Ms. Otto—No, it doesn't. Mr. Major—Nothing in the packet tells me what it is going to look like from the street. It seems like there are a lot of things that aren't here. Is it our intent, if we go forward,that it would go to Council will all those things missing? Ms. Otto—Yes, it is. Mr. Major—Is that a variance of procedures? Ms. Otto—It is more of an allowance to keep the costs to the applicants as low as possible seeking the approval prior to having the expense of providing that information. Mr. Marion—With the items that are not present,would we be safe in assuming that the Council members and the Mayor would use discretion to close the gap or waive these requirements? Ms. Otto—Yes, and certainly if you choose to move forward with this, your motion could include that you would prefer those certain items be provided. The buffer, being probably the key one, and the renderings they could probably come up with those as they are in contact with the manufacturer. I think we can get some additional information prior to the Council meeting if it would be your desire. Mr. Borkowski—Two of the classrooms have lavatory facilities and the other two don't. What is the reason for that? Ms. Otto—The one without intends to use the facilities inside the permanent structure. The one by the playground, those indoor facilities are not adequate for the number of students that are anticipated so they are providing that one with their own restrooms. Mr. Borkowski—The modular without the bathrooms, are those older children? Ms. Otto—Yes. Mr. Borkowski—I was concerned about little kids outside going in the wrong direction and not being protected. Ms. Otto—I think one of the representatives here this evening should probably address that. Mr. Marion—Is there someone from the public that would like to speak to this? Perb Fortner came forward and introduced himself. I am the Chief Financial Officer volunteer at Tybee Island Maritime Academy. We have Carolyn Jurick who is the President of the Tybee Island Maritime Academy. We have our principal, Pat Rossiter, and our treasurer, Kay Fortner. Tammy Smith is in the room as well. I live on Tybee Island as everyone does except Pat. I'm going to ask Carolyn to give you an overview of the Academy. Carolyn Jurick came forward. We have pictures of the modular but we were afraid to put them in there in case we don't use that contractor. We needed to get approval before we can move forward. The bathrooms, one will be a kindergarten class and one will be a first grade class. It is basically the safety of children. We could have moved that onto the other side and they would be able to come right in but for the safety of children, they need the bathrooms 2 20140410CityCouncilPacket Page 157 of 192 20140404/jrl there. The other one will be either a fifth grade and a fourth grade or fifth grade and the art and music—that is to be decided. Mr. Marion—For the one that doesn't have facilities, how close is the closest restroom? Is it just a step out of the building? Ms.Jurick—Maximum fifty feet. Mr. Major—Do they have to cross the street? Ms.Jurick—No. Mr. Fortner—The one without the restrooms,they can walk directly into the front of the building. Mr. Marion—They are not leaving campus to any degree. Ms.Jurick—No. The one with the facilities has to cross the street but they are always with a teacher. The reason we are vague on who is going to be in there, we are trying to put classrooms in there that wouldn't be out there all day except for fifth grade or fourth grade. These are really nice; I would rather be in it. We did plan for growth but when we started redoing the building they had to put in handicapped bathrooms. We assumed they would put the handicapped bathroom where the bathrooms are now but they had to put in a new one and that took up a classroom. Several years ago, Mayor Buelterman came to me and said do you know anything about charter schools. I said I was the principal of the first charter school in Georgia. He said we have lost the school and the school is closing. This was when it was announced in 2010 and he said we really need a school. We first met with Dr. Lockamy and asked him if there was any way he could let us have a school,just a regular public school. He said we didn't have the number of children to support it. A state school is supported with 435 children. To have a charter school, you get your funding differently than you do when you are a regular public school. Regular public schools are funded from an FTE,which is a full time equivalent. For a Special Education student you would receive 7.2,just to give you an example. A fourth and fifth grade student would receive 1.5 and a kindergarten student would receive 2.4. Actually a fifth grade child is a lot cheaper than a kindergarten child to educate according to the way they weigh things. The way they give us money is a flat rate of$6,729 per child and from that we buy textbooks, software, utilities, rent, pay the teachers and principal. We decided that it was important to have high quality teachers and we would pay them what they would make if they were in Savannah Chatham schools. We are offering them the same benefits; in fact it goes through Savannah Chatham schools. We have to pay Savannah Chatham schools to pay our teachers, it is not much, but it is a percentage. The only thing required of a charter school, as far as teachers,you do not have to pay them the same but you have to give them the retirement. We go above and beyond in that and will never apologize because of the quality of teachers we have been able to get. The modulars will cost us money and that is one of the reasons we have so many fundraisers. Putting that aside, we had 149 students this year. Next year we have 145 in addition to the 149 that wish to come. We don't have room for them if we put out six modulars. Mr. Marion—The trailers are in anticipation of potential growth. Where do we cut it off? What is the cap for the school? Ms.Jurick—This is it. Mr. Rossiter—We have a 5-year charter. Ms.Jurick—You wouldn't want to overdo it and the purpose of the school is for the kids on Tybee and we would be getting away from that if we keep going up. 3 20140410CityCouncilPacket Page 158 of 192 20140404/jrl Mr. Marion—By adding the trailers, are we changing the original intent by increasing the headcount? If so, are there implications that fall on us and the school for changing what would be the original scope of the use of the grounds? With that said,the two trailers are the capacity the school desires. Ms.Jurick—Yes. Mr. Fortner—In our planning process, we started with kindergarten through fourth grade and we are adding a fifth grade this year. With that we are already at capacity and by adding these two facilities brings us up to where our charter says we should be. In your packet you have a copy of the amended lease that we have with St. Michael's and the Catholic diocese. We have an executed copy giving us permission to put the modular buildings in place in the event we get all of the approvals that are required from Tybee Island and also from the State. Ms. Otto—It is not in your packet, it is in our file. Ms. Bramble—How did you amend it? Mr. Fortner—We made an agreement with them to allow us to put modular buildings on the facilities. Mr. Major—Does the amended lease specify the dimensions and numbers of the modular buildings as well as the location? Mr. Fortner—There are two locations but not specific size because one contractor might have 850 square feet in each classroom and another one might have 810 square feet. It is described as two modular buildings with each one of them holding two classrooms. Mr. Major—Both of our drawings are showing 24 x 60. Is that likely to be the final dimensions? Mr. Fortner—More than likely that will be the exact measurements. Mr. Major—Are we talking about one being larger than the other? Ms.Jurick—They are all the same but some have closets and some have restrooms. Mr. Rossiter—The reason you have those drawings is because that is the preferred vendor used by Savannah Chatham Public Schools. In the bid process, which we can use,they have a fast track type of setup with this particular company that we can access. That is why the renderings come from that particular company. Mr. McNaughton—I call them temporary classrooms. Are they permanent temporary classrooms? How long do you anticipate before you ever have an addition to a building? Mr. Fortner—We don't anticipate making an addition to the building. We anticipate using these modular classrooms as they can be transported. Each building will come in sections because it has to come down the highway. They will be put together and a foundation will be put around it for support. It will support the use of the building as well as the handicap ramp and that sort of thing. All of those will have to be removable because our lease and charter are for a limited term unless they are renewed which we anticipate they will. Mr. McNaughton—When does it expire? Mr. Fortner—Each charter is five years and they review it at the end of four years. They re-evaluate and determine if it will go forward another five years. 4 20140410CityCouncilPacket Page 159 of 192 20140404/jrl Ms.Jurick—We send in a yearly report and if everything isn't in line,then they can come and say you are through and we would have to give up those buildings. Mr. Major—Are these required to have hydrostatic vents, whether or not they are elevated? Ms. Otto—If they are elevated to meet the 1-foot freeboard, no. Mr. Major—If they are on a slab would they be required to have them? Ms. Otto—Yes. As I understand it they will be elevated. It is whether it is a permanent or temporary foundation. Mr. Fortner mentioned the ADA ramping that is required so they are accessible. We are not sure how that foundation is going to look. Mr. Fortner—With the buildings, drawings, and the anticipation of these new students, we present our case to you for consideration and we certainly hope you will approve it. Ms.Jurick—I would like to say it has been a great thing. We have 51 kindergarten children; that is three classrooms. There are more and more kids coming to the island. Mr. Fortner—It is for the Tybee kids. The reason we started the charter is to have a school on Tybee for our children. It is exciting to see 51 children in kindergarten coming this next year. Mr. Rossiter—From a school administrator's standpoint, I just want to say it is really cool to have Tybee as the hottest thing in the county as far as education goes. The amazing thing is hiring good teachers and giving kids an innovative way to learn using what we are required to teach around something that is so close to them such as the beach,the river,the port; it is such a novel idea to make education interesting. We are in a facility that we are maxed out in. If we get approval from you we will work on making sure the quality stays extremely high. Mr. Fortner—You may not know this but every one of the children has been provided with a laptop computer that belongs to them. They don't take it home with them but it is the one they use every single day. There are not many schools that can say they do that. Mr. Marion—With the increased capacity, are there any parking requirements that would need to be addressed? Ms. Otto—In your staff report are the parking requirements. The two uses-one is a gymnasium and the other is a school. There is a category for gymnasiums,theaters, and auditoriums which is one parking space for each four seats in the main auditorium or for each 50 square feet of floor area. Another category is the public and private elementary and secondary schools. It is one parking space for each 200 square feet of gross floor area. I don't have the calculations for either of those existing and proposed square footages. Mr. Fortner—We only anticipate needing four more parking spaces for the four additional teachers. Mr. Rossiter—The entire frontage on the western side of the annex property, which would be the old building, it runs the length of it on Second Avenue. We don't park in that area now. There is enough space. Mr. Marion—Is that the area on the north side of the gym? Mr. Rossiter—No. The area I was referring to is Second and Eighth. Heading south on Second,that entire side of the property, outside of the picket fence, which is used for parking on the other side,that is not even touched. We could put 16 cars there if we had to. 5 20140410CityCouncilPacket Page 160 of 192 20140404/jrl Ms. Bramble—Isn't that City right-of-way that you are talking about? Mr. Rossiter—No. Ms. Otto—I don't know the history well on this facility but for a structure whose primary use is a church or place of religious worship,there is an exemption from all off-street. I don't know if the church occurred first and it does have a parking lot and perhaps the school was added later. I don't know what the circumstances were in the past as far as parking at this entire facility. Mr. Marion—By the school leasing from the church, does the school have an opportunity to take advantage of any of the parking the church may have? Ms. Otto—I do not know. Ms.Jurick—It is not mentioned in the lease. Ms. Bramble—Has the board or principal ever discussed a parking plan? Ms.Jurick—Not really because we are only talking about four more cars and we haven't really needed a parking plan. Mr. Rossiter—The traffic flow plan is something that will come to me in terms of offloading busses, movement of traffic around the school, and that type of thing would be the area we have dealt with. Ms. Bramble—Did you present that in your packet? Mr. Rossiter—That is not applicable. That is not changing as a result of anything that happens here. We did that prior to school beginning for safety purposes. Mr. Major—Even though you haven't needed a parking plan in the past because you have used existing facilities, Tybee's ordinances do require that for Special Review and Site Plan that you look at the space you have and at the number of required parking spaces per occupant. There are specific ones for educational facilities and that you sketch that out and say here is where people are going to park. That is part of the requirement that is in our ordinances. Mr. Marion—We want to do the best job we can for you so when it moves to Council we have a complete package so the process is seamless. Items like this are part of that. Ms.Jurick—How would we know we were supposed to send you a parking plan? Mr. Marion—It is a process with the application. Staff is present to guide and assist. If anything is missed,we usually include that during the presentations such as now. Ms. Otto—It is my understanding they are under a time constraint to move this forward. Mr. Marion—What kind of time constraint are we looking at? Mr. Fortner—It is our plan to be in front of Council at the next meeting. Ms. Otto—It is April 10th. I thought there was a deadline you are working against. Mr. Fortner—There is. We have to have it approved by the State and the building is ready to go by June 15T. In order to do that we have to get preliminary approvals at all levels. 6 20140410CityCouncilPacket Page 161 of 192 20140404/jrl Mr. Marion—I would prefer we have everything together before we send it to Council but with the time constraints it becomes very challenging. Mr. McNaughton—I support the school but I would vote for approval for Site Plan and Special Review under conditions that when they go to Council they have the missing parts of what is required. Mr. Marion—Is there anyone else from the public that would like to speak to this? Anne Blanco came forward and introduced herself. I am co-president of St. Michael's Parish Council. I'm also the liaison between St. Michael's and the charter school. In speaking for our pastor, Father Tom Peyton, and our parish, we cannot begin to tell you how pleased and blessed we are to have the Tybee Island charter school as part of our campus. To hear the voices of the little children again in our buildings and on the playgrounds brings happiness to all of us. The governing board, the principal,the staff, and all the teachers are tremendous assets to not only St. Michael's but all of Tybee Island. May we continue to have the charter school grow and we ask for your help in making this possible. Ms. Bramble—Is the parish responsible for the ground's upkeep or is that part of their lease? Ms. Blanco—We are responsible to keep the grounds up. Mr. Borkowski—If they needed a couple of extra spaces to park four or five cars, is there a possibility of using some of the church parking lot? Ms. Blanco—I cannot give you a definite on that until I take it back to parish council but I cannot see where that would be a problem. We have daily mass at 8 o'clock in the morning and I can't see where any of that would interfere with any of the parishioners parking in the parking lots. I can give you a tentative yes but I would have to have a vote from parish council. Mr. Marion—Is there anyone else that would like to speak to this? [There were none.] At this time I will close the public hearing. Do we have discussion or a motion? Ms. Bramble—I am having a hard time with the 'maybes' that have been presented. Maybe we might use this contractor or maybe we will do this. Any business or citizen that comes in has to present a complete packet with the site plan and everything that they are required to do. I have issues with waiving it for the school. I'm glad we have a school here. Mr. Major—I just want confirmation from Dianne. As I went through our ordinances and before I looked at the materials, I looked at what is required for Site Plan Approval and Special Review. There is a parking plan that is based upon a certain number of required feet per occupancy of buildings. There is a buffer plan where we have an educational or a commercial facility that butts up against residential. Architectural renderings are also a requirement. It is required that we are furnished with the date we expect land disturbance to begin and the anticipated completion of that land disturbance. Also needed is a calculation of the green space impact and I don't know if we're going to look at the total space but one is all asphalt and the other is grass along with a drainage plan. Am I correct in saying all of that would be required of a Site Plan Approval and Special Review? Ms. Otto—Yes. With my initial comments on that we have become, in the economic environment that this community has been in the past few years, allowing motions to approve with conditions that staff receive these things prior to permitting. 7 20140410CityCouncilPacket Page 162 of 192 20140404/jrl Mr. Major—There are a number of things specifically under Site Plan Approval. In that ordinance it says that staff can waive certain requirements and these weren't among those that could be waived. We are not waiving these, we are just saying that as we go forward, that these requirements will be met in some form. Ms. Otto—Yes, I agree. Mr. Marion—Dianne, you used the words 'economic environment' facilitating the reason why we don't have the items in front of us. If we looked at a cost for all of this,what would it be? Would it be a $1,000, $5,000, $10,000? It's a speculative question but just an arbitrary number would help us out. Ms. Otto—Speculative, I would say that their engineer would probably require$1,000 or more to prepare the documents and then they would incur the costs for our City consulting engineer to review those which could run between $250 and $500 depending on the quality of the documents we receive. Mr. Marion—If we were to support and place a contingent on this and send to Council,will Council ultimately put them in a position to address these items and still sustain the costs associated with them? Ms. Otto—Will Council do that? I don't know the answer to that. Mr. Marion—Do we have a motion? Mr. Major—I move that the Site Plan Approval and Special Review be approved contingent upon the parking plan, buffering plan, architectural renderings, the dates for land disturbance beginning and ceasing, green space calculation, impact calculation, and the drainage plan. These will be done as this moves forward with staff approval to make it most economically feasible but keeping our ordinances intact. Ms. Bramble—Second. Mr. Marion—I have a motion with a second. All those in favor please signify. [Vote was unanimous.] Minor Subdivision of Land&Variance—John Benton—1306 Butler Ave. Ms. Otto—This is a request for a Minor Subdivision with Variance. The applicant is John Benton, owner of 1306 Butler Avenue. Their request is to subdivide one lot into three lots. There is a single-family home on the property currently. Moving from Butler to the ocean there would be a vacant lot, lot 2 would contain the existing single-family home, and lot 3 at the oceanfront would be a second vacant lot. The required access easement through lots 1 and 2 to get to lot 3 is the reason for the Variance. On the screen is a drawing from the applicant showing the width of that access easement. It begins at the required 20 feet but then narrows when it enters onto what would be lot 2 to 15.4 feet. It narrows further to go past the stairs of the existing structure to 11.4 feet and then widens back out to 16.5 feet. The property had been proposed for subdivision in 2012, and it was approved, but the owner did not record it so this is still one lot of record. In your packet is a tree survey that had been provided with the prior subdivision; don't use that tree survey as your source when looking at the lots to be created. If needed it is available to look at the trees on the property. Mr. McNaughton—The request for Variance includes a unique physical circumstance including narrowness of the lot. Is there anywhere in the code that the City defines what a narrow or shallow lot is? Ms. Otto—Not that I can recall. This lot width is 53.3 feet and because of the required 20-foot access off of that,the remaining area not impeded by an easement is 33 feet. For the area where the 20-foot setback would follow the 20- foot easement to allow for the 10-foot setback on the other side,you have got a buildable area that is 23 feet wide based on the 53 feet minus the 20 easement and the 10 rear. 8 20140410CityCouncilPacket Page 163 of 192 20140404/jrl Mr. McNaughton—I think that is something we need defined and maybe the Planning Commission would want to look at considering we are going to get a lot of requests for Variances because of the flood and raising houses. If the City doesn't define what a narrow or shallow lot is, it should. Ms. Otto—I have noted that here. Mr. Major—Dianne,there is a general note on drawing number 3 that says all lots will have a 10-foot rear and side setback. In your narrative you said that the lots won't have a 10-foot setback on sides or rear. Ms. Otto—That is for the proposed lot 2 because the existing structure is there; it does not conform to those setbacks. It was constructed long before we had setback requirements. That is another aspect to the Variance this evening that if this subdivision is approved it is creating a nonconforming structure. Mr. Major—The statement that all lots will have a 10-foot rear and side setback- is that a true statement? Ms. Otto—It will have a setback but it will have a nonconforming structure on lot 2 impeding that required setback. Mr. Major—It will have a house sitting on it. Ms. Otto—Yes. Mr. Major—Our ordinance 5-140, I think, requires that the plat have a notation where there is a private easement. The notation to be on the plat that, "The private driveway access easement is hereby dedicated perpetually for use by the owners and residents of all lots within the subdivision and will not be maintained by the City." That notation is not on the plat that we received, is that required? Ms. Otto—That is required. I will get with the surveyor and make sure that is cleaned up. Mr. Marion—Do we have the applicant present? John and Joann Benton came forward and introduced themselves. We are the owners of 1306 Butler Avenue. We purchased it in January of 2012 with the intention of subdividing it and building our retirement home on the oceanfront lot. We applied for a subdivision last year but I did not forward it to the County because we re-thought what we were doing. I was told it would trigger a re-evaluation for property taxes. I held off until now because in 2015 it will be reappraised whether we have a subdivision or not. Our intention is to split it like we are showing on the plat and build an oceanfront home. The issue is the house was built in the early 1900's and it was expanded and added on. The lot is 53 feet and I consider that a narrow lot. That was based on the average lots of Tybee. It was originally two 80-foot lots that were subdivided at some time into three 53.3 feet lots. The lot directly to the south is the sister lot which presently has six parcels on it. Ours is one parcel and the Sipples, who are on the northern section of it, is one parcel but it has two residences on it. We are interested in having three parcels, selling lots 1 and 2, and building on lot 3. Mr. Major—What was the reason for the change from dividing the large lot in front of your existing home into 1 and 2 with you being number 3? Mr. Benton—I made a mistake. I didn't realize the difference in a major and a minor subdivision. Originally I would have had two lots in the front where now I'm just showing the lot on Butler, our lot where the house is, and then the house lot would have been maintained on the same parcel. If I went to four it would be a major subdivision and according to the ordinances there are a lot of other issues that become involved with a major subdivision. It was done for economics. There is equivalent to six parcels on the side of ours on the same size 53 feet lot all the way down but we are just trying to subdivide as you see now. 9 20140410CityCouncilPacket Page 164 of 192 20140404/jrl Mr. McNaughton—Before you bought the property, did you read the City's Master Plan that calls for keeping that property intact? Mr. Benton—No. I read that it was R-2 zoned and I never heard about keeping that intact until this moment. There has been an objection to this subdivision that I became aware of today. This house is not listed specifically anywhere that I have been able to find or my lawyers have been able to find. It is in a district called the Historical Strand District and I think the modular trailers that are being put in at St. Michael's are in that same district. I have never seen anything specific on this house and I researched it because maybe there were some tax credits. The house was originally on the ground and in the early 1900's it was raised and then expanded out. You can see in the attic where the original small house was. If you look at the old maps,the front of our house was actually Main Street. There are probably only about three or four parcels like that up and down Butler. This had been in the family from the 1920's is the reason no one had purchased and subdivided it. We bought it out of an estate. Mr. Major—Dianne, do you know whether or not this is included in the Historical Registry? Ms. Otto—No, I don't. Mr. Benton—I think there is some type of confusion. This is some type of historical area that they are calling the Strand. This house is not listed; if it is it has been hidden from me. Mr. Major—You don't have a plaque on your house? Ms. Benton—No. If you are saying our lot could not be subdivided, how can you say we can't but yet these other two parcels were done? There are six lots next door to us. Mr. Marion—Without knowing all the circumstances for the ancillary properties I couldn't tell you. Our concern is obviously with what you have now in front of us. wt. -Nit Ms. Otto—The reference to not dividing these lots that run from Butler to the ocean is from the January 2008 Comprehensive Plan. I don't know the age or the time period under which the property to the south was divided. Mr. Marion—Are there any implications that would warrant involving DNR with the dividing of this very long piece of property? Also, can a fire truck or an ambulance get back there? Ms. Otto—The DNR would not have a concern. There is definitely, as shown on your proposed plat, a DNR shore protection line that runs to the palm tree to the east of the existing structure. Most of proposed lot 3 is in the jurisdictional area of the state. Any construction on that property would be subject to a state permit as well as being impeded by the toe of the landward most dune from which Tybee has a 10-foot building setback. The response could be greater into these private accessed areas but with the current reduction of what is required to be 20 down to 11, I do not see equipment going past the home. Mr. Benton—There is a tree in the driveway with about an 8-foot distance that you can get by. I contacted the City about the safety of having that tree there and I wanted to remove it but without paying the $75 an inch because it was impeding my entrance into my property. I have emails that confirmed the Fire Department came down there and said if there was a fire, due to the configuration of my narrow lot,they would not allow fire trucks into that area. Ambulances and police cars could fit between the 8-foot tree adequately. I'm asking for 15-foot. I don't know who that was, do you remember Dianne that came down to our property? Ms. Otto—I would guess Chief Sasser. Mr. Benton—Someone actually came and said no trucks would come in there and I guess they would let it burn. 10 20140410CityCouncilPacket Page 165 of 192 20140404/jrl Mr. Major—If I understand that ingress/egress narrows to 11-1/2 feet as it goes past the house, is that correct? Mr. Benton—Yes, because the stairway is there but I could remove those stairs to make it 15-1/2 feet Mr. Major—Would you do that? Mr. Benton—Yes. Mr. Major—There is also a stump there, I think. Mr. Benton—Yes, it is rotten and could be removed very easily. If that is the issue here I would do that without any problem. Mr. Major—Dianne,we have another ordinance called a continuance of non-conforming structure or use. To what extent would this ordinance apply here since we are not making anything narrower by what we are doing. Ms. Otto—The creation of an access easement through there does not conform to the 20-foot required. It is the purpose of the one Variance that you are considering. Mr. Major—It is already there isn't it? Ms. Otto—The easement is not a recorded easement. In order to record this easement there would have to be a Variance granted. Mr. Benton—That is actually a street called Thirteenth Place. Somebody moved the marker but it is Thirteenth Terrace and Thirteenth Place. There was a street marker in front of our driveway that said Thirteenth Place. If you go to the SAGIS map, it will show on there. SAGIS map has it wrong as it shows it as Thirteenth Terrace but it is actually Thirteenth Place. All I'm doing is asking to extend Thirteenth Place for another 50 feet but make it 15 feet wide because the house is there. I would hate to take 5-foot off the porch to be able to get through there. Our dream is to have a house on the ocean and we're going to try everything we can to obtain that. I'm planning on retiring and so is my wife in about three years and we plan on being a resident. We live here more than not and we do vacation rental in the summer. We are residents here and we plan on being a part of the Tybee community. We are not buying it to flip or anything else. Ms. Bramble—I have heard Chief Sasser say, on any of those lanes on the east side of Butler, he would never take the fire truck down those lanes. It is crazy that you said that they would just let it burn. They will drag the hoses and save your home or anybody else's home. I have heard Chief Sasser say that the truck would be parked on Butler and they would access it on foot and drag everything to wherever the fire is. Mr. Benton—Maybe I shouldn't have said that but those houses are made out of heart pine. Ms. Otto—For clarity I didn't catch which 'R' word was used. Mr. Benton has offered to relocate or remove those stairs that are impeding the access easement. It would need to be relocated. We would not allow a structure that has two means of egress to be reduced to one. Mr. Benton—That is not what I meant. We would put them on the back of the house or what some people call the front,we call it the back. I have already talked to a contractor about it. Mr. Marion—As Mr. Major suggested, if you had an opportunity to relocate it,you are okay with doing that? Mr. Benton—Yes. If that is what needs to be done; it is that important to us. 11 20140410CityCouncilPacket Page 166 of 192 20140404/jrl Mr. Major—There would be a minimum of a 15-foot access all the way to the beach. Mr. Benton—Yes. That is what I put on my request for the Variance. The stairs are in the way and there is only 11 feet by that. I'm not trying to irritate things but the ironic thing is there is a tree in the driveway that is only 8-foot. They could get by the tree but would be hindered to get by the stairs. You have got to be 8-foot to get between the tree and I've got 11 at the steps. I'm not trying to be smart but it just doesn't make a lot of sense. Mr. Major—You probably remember this discussion from the last time you were here about deed restricting in order to save some of those beautiful oak trees on that property and you agreed to it before. Mr. Benton—This should make everyone happy. Before the lot line you had to build on either end. Now those beautiful oaks wouldn't be in jeopardy because the most likely spot to build a house would be the ocean side of those oak trees right behind the existing residence so you would have the ocean view. Mr. Major—Dianne, we can still do that? Ms. Otto—You can recommend it. Mr. Benton—We are not asking to remove any trees. Mr. Major—But if they have a deed that says those are perpetually maintained,they can't remove them. Mr. Borkowski—What was your plan on lot 3, is that where you are going to build your retirement home? Mr. Benton—Yes, the ocean side. Mr. Borkowski—One thing I would be concerned about is you are saying the access that is required is 20 feet to get down there. Ms. Otto—All access easements in private subdivisions are required to be 20 feet. That was changed from 15 feet and I believe it has been since 2010. Mr. Borkowski—I think one thing that would be important here is to check with the fire department. I know you are willing to get rid of the stairs and put them someplace else so you would have a 15-foot wide area, but I think it would be important to see if the fire department would even go down there with 15 feet because if they wouldn't do that you couldn't get your house insured. Mr. Benton—They won't go down there with 20-foot. Ms. Benton—They wouldn't be able to get under the trees. Mr. Benton—They already told us they wouldn't come in there with 20-foot because of the configuration of the lot. They would carry their equipment into there because of the narrowness of the lot. They couldn't turn it around and they would put their equipment in jeopardy is what I understood. Ms. Benton—But they will bring out their long hoses. Mr. Benton—Most of the places along there don't have 20-foot anyway. If you go to Thirteenth Terrace, I don't think it is 12 feet. If you go down any of those streets down there, none of them are 20-foot. 12 20140410CityCouncilPacket Page 167 of 192 20140404/jrl Ms. Otto—At a point of your choosing,this email from Christopher Wixon was received today and needs to be read into the record. [Ms. Otto read the email—it is attached to these minutes.] Mr. Benton—I would like to clarify this. I assume the owner of the property is Vintage Tybee Rentals, LLC. I assume that is who Mr. Wixon was referring to. Lot number 1 on the south side is the property that Mr. Wixon owns [referring to PowerPoint]. There is a vacant lot directly in front of their house. They are the fourth house from the ocean. The only thing I agree with him on in the letter is that we will destroy his view. If somebody builds on the lot in front of him, his view will be altered. My wife and I bought a place oceanfront and if somebody buys a house fourth from the ocean and expects an unimpeded view, I think that my constitutional rights, not his, would be infringed upon. Mr. Marion—Is there anyone from the public that would like to speak to this? [There was none.] At this time I will close the public hearing. Mr. McNaughton—I respect the rights of property owners but approval of this subdivision would clearly run counter to the Master Plan that was designed to protect that property and those properties on the beachfront from being developed and going high density. Mr. Borkowski—The subdivision, even it was approved, doesn't conform to the 20-foot access past that house. Mr. Major—Dianne, in your opinion does this not fall under our ordinance for Variances that deals with narrowness of property, shallowness, and other topographic considerations? Ms. Otto—The width of 53 feet for the property with the required 20-foot easement is an impediment that the property can't support. Mr. Major—So it is a narrow lot. Ms. Otto—It is a narrow lot. Mr. Major—Under 5-090, narrowness is a legitimate reason to at least request a Variance. Ms. Otto—Yes. Mr. McNaughton—I move that the request for subdivision and Variance be denied. Mr. Borkowski—Second. Mr. Marion—I have a motion to deny. All those in favor please signify. [3-1 (Bramble, McNaughton, Borkowski voted to approve/ Major was opposed)] Variance—Crafton Langley—209 Jones Ave. Ms. Otto—This is a Variance for 209 Jones Avenue. The survey shows a standard size lot with a 60-foot frontage. On October 22, 2013, staff observed work occurring and stopped to investigate; a stop work order was posted. Work occurring was improvements to the stones in the front and the entire vegetation of the yard was gone. The contractor that was performing the work opted to not seek a permit or to register as a contractor with the City of Tybee Island. Instead the owners procured the services of a contractor that our office is quite familiar with. An application was submitted and a permit was issued. What was observed during the processing of the permit application was a prior photograph of the property showed a concrete driveway had been in place. An image from July 2013 from Google Earth showed a concrete driveway running up to the house from the pavement of Jones Avenue. The day the stop work order was posted that driveway had been removed. Based on there having been a driveway at the property,this was treated as a driveway improvement. Staff worked with the contractor and issued a permit on 11/4/2013 with a requirement 13 20140410CityCouncilPacket Page 168 of 192 20140404/jrl that the rock be removed from the City's right-of-way and grass be planted. Staff worked with that contractor to develop a plan that brought the site into compliance with the 25-foot maximum width for a residential driveway and called for restoration of the City's right-of-way with grass to each side. It was also discussed the option of having two openings that would total 25 feet if there was a different scenario that they were more desirable to have. The intent here was to have the driveway and still have this 10-foot that was for the parking on the property. The property line is here in blue [referring to PowerPoint] so the drive could be accessed like everyone else has up onto their property. This would provide the two required parking spaces that were eliminated when the concrete driveway was removed. Quite a bit of time went by because this had come to staff's attention it was being monitored with no actions taking place to bring it into compliance. I contacted the contractor and asked for a timeframe on when we would see some results. The involvement at that point by the owner was conversations or meeting, I'm not sure which and they took place with the City Manager and me. Ultimately a Variance was submitted by the owner asking for allowance to leave the rock the 60- foot width of the property, and use all of that as parking for the property. Mr. McNaughton—What is the purpose of requiring people to remove gravel from the right-of-way? Ms. Otto—In this situation,there was no record that a driveway of 60-feet wide had ever been permitted. On screen are the permit records for this property dating back to 1991. There was no record that there ever had been allowance for that rock to have been put in place. Because the concrete driveway had been removed, it was apparent that there had been a driveway serving that structure that took the vehicles off the City's right-of-way and onto the property meeting the code that required two parking spaces onsite for a single-family home. The request to remove the rock was a desire to improve public safety from vehicles backing out onto Jones and to bring the site into compliance with others. Had this occurred in a different order where an application had been received for a driveway,the requirement would have been the same. That it was rock and not pavers,the requirement would have remained the same. Mr. Marion—Dianne, the contractor,they should have known better. Have they transacted business on Tybee before? Ms. Otto—The contractor that was working that day, I don't know him, had no prior history with him, he was not registered with the City, or has ever pulled any permits with our office. The meeting in the rain the day the stop work order was posted in October was unpleasant. He was confrontational, challenging, not familiar with Tybee's processes, and disgruntled that he was being stopped from doing his work. As with any other contractor when a stop work is posted,the normal course is to apply for an after-the-fact permit and get the paperwork caught up with the actions. It is not a repressive situation. It happens more than we would like but he was from Richmond Hill and not familiar perhaps with Tybee's standards. The goal was compliance. He opted not to move forward with it at that point for whatever reason. There was no conversation with me after the stop work was posted. The homeowners took it upon themselves to find somebody to stand up for the work and finish the project. Mr. Major—With the material that was placed on the property, would that be consistent with, I know it is still a red line ordinance, we call for 57, 67, 78, or 89 open graded stone with no fines or pea gravel. Would the stone that was put down comply with that? Ms. Otto—Yes. We want the no fines and I don't know how much fine was on that. I think it was permeable. Mr. Major—If I had a concrete driveway and applied to remove that driveway and replace it with that material, would that be a reasonable request? Ms. Otto—Yes. Mr. Major—Isn't that what they did? Ms. Otto—They did not replace the driveway that went up onto the property. They removed this driveway [referring to PowerPoint] and what is up there now is a brick sidewalk. Currently there is not a driveway up to the house. What is 14 20140410CityCouncilPacket Page 169 of 192 20140404/jrl remaining is the 10-foot of rock on their side of the property line. The feasibility is that cars can come in and park on the property as required by the ordinance to provide the two required parking spaces. Mr. McNaughton—If I recall correctly,the driveway went from near the street directly down to the porch. There was gravel to the left of it looking at the house. Ms. Otto—There's no record of that driveway. Mr. Marion—Are there other questions for staff? [There were none.] Is the applicant here? Crafton Langley came forward and introduced herself. Mr. Marion—Sir,what are we receiving here. This is not necessarily the norm. Mr. Langley—I think Dianne approved this. Ms. Otto—No sir, I did not. Ms. Langley—I'm sorry I must have misunderstood. Excuse me and let me start from the beginning. Ms. Otto—I received an email. It came in yesterday during the City holiday that she would be presenting ten additional photos to be handed out. I had already advised her twice in previous emails that handouts are not accepted at meetings. Mr. Marion—This is a break from protocol. Ms. Langley—I'm sorry. We don't need to pass those out. We misunderstood. Mr. Marion—We appreciate the effort but let's move forward with what we've got. Ms. Langley—Good evening. This is my husband Gary. I would like to thank Dianne Otto for having the patience and walking me through the Variance process. I obviously needed lots of hand holding. If you read her report, we didn't get the proper permits and I sincerely apologize. We understand the violations we incurred, we understand why we incurred them, and we paid our fines promptly. Hopefully we can put this behind us and take a moment to explain the reasons for the improvements needed to be made to the property and to make up for some of the headaches. With us are Jane Coslick, our interior decorator and historical consultant, and our environmental designer,John Dugger. Cory Scoville,who many of you know, is our contractor and he is not here tonight. Most of you know Jane and it was our pleasure to get to know her during this renovation process. Jane's energy knows no bounds and she worked tirelessly to ready our home for the Savannah Humane Society tour. Jane is also happy to answer any questions that you have later on. I would like to let John take over. John has been in your shoes before. He spent 8 years as Chairman of the Planning and Zoning Committee at Richmond Hill. John,thank you for the environmentally conscious designs you did working with our limited budget, stopping the gully wash from the street runoff, and of course meeting the Humane Society tour deadline. John Dugger came forward and introduced himself. I am the troublemaker from out of town. I'm a stranger to most of you but I'm not a stranger to the construction business. I have worked with Jane on numerous historic renovation projects since 1982 and quite a few of them here on Tybee. Yes, I am unfamiliar with the number of permits now required for quite a few things that are to be considered unusual including painting your house,getting your air conditioner repaired if it breaks down on a weekend. I was Planning and Zoning Chairman for nine years in Richmond Hill. I am no stranger to court proceedings. We took quite a few cases and we thought we were in good standing to the state level but we lost a good many of those. As it turns out, property owners have a good bit of rights when it comes to 15 20140410CityCouncilPacket Page 170 of 192 20140404/jrl real estate laws at the state level. This particular property has some serious topographical issues and extenuating circumstances. Yes, I am unfamiliar with a lot of Tybee's practices. I was brought in to help beautify and help get this property ready for a tour of homes. This concrete is 7 feet wide; this is not a driveway. When the gates are opened it provides an opening six feet wide. Gary's Volvo had scrapes on both sides where he tried to back into this driveway. This is not a driveway;this is a cart path. We can't find any pictures of people parking in this driveway. The required two cars off the right-of-way is not provided on this property. This house was started in 1955 and completed in 1958 and was probably before the two off-street parking requirements code was written. It is very difficult to backwards apply code to pre-existing property. The 25-foot driveway width, I'm sure was written after 1958. This house was not designed for that. This house also has some other code issues with the City. It is obviously below FEMA flood elevation. It is also below what the City code requires in their flood management practice that all houses must be above street level. This house was at street level and we know this forensically when we removed, what I call the flume, in this picture. When this concrete was poured,you can see the color difference from the cart path here to here [referring to PowerPoint] is one color and you can see this concrete was added at a later date. It slopes significantly downhill. You can actually see in this picture flotsam, like you see on the beach. Where water runs down here you can see the contour change. You can see that this forms a flume and water runs off the street and floods this porch. I responded to a troubled call to resolve this issue. We started out, and we have a drawing, it was Plan A which was to leave the fence where it was and leave the parking that existed on this property. You can see the other pictures that are from about a year ago. You can see the For Sale sign over here and this is how this property existed when they purchased it. I believe it takes 7 years on a property for something to become grandfathered in or at least an easement type grandfathered use, historic use is parking along the right-of-way. There is no denying that. We improved that issue. I was doing grade shots with my transit figuring out how we can relieve the drainage issues around this house that is below all the neighbors. In fact,this is 3 feet below the closest neighbor with a vacant lot in between. Three feet is a lot of grade change. There is no opportunity for daylight drainage to get the water out of this yard onto any sort of City drainage system. In fact,there is not a drainage system in this area. If there was a catch basin anywhere nearby, we could put in a tank in the back yard with a lift pump and pump water out. You are obligated to protect your property from flooding. I acted on that sort of thought that when you stand here in the rain and see the water coming in from both sides and the street, it was a no brainer to take this concrete out. In this picture you can also see previous attempts with the City, this is City crusher run here and here, [referring to PowerPoint] and if we had the pictures that we are not allowed to put out,you could view these pictures for yourself. This water comes off the City street and right-of-way. I did what was deemed necessary to slow the flow. In grading practice, land disturbing activities,you have best practice management. There are things you do and things you do not do. You are not allowed to spill dirt on other people's property. In this case, no dirt was spilled on the road, no dirt left the property to adjacent properties. We did not put up silt fence around the property. We have pallets of silt fence but to properly install silt fence,you have to run a trencher and bury the bottom flap of the silt fence in the dirt. We couldn't do it on this property because there is no room and it would cut the root plate. Not all vegetation was removed and that is a fact. The pictures that I'm sure Dianne took,there are trees and shrubbery; not all vegetation was removed. Other things you cannot do in grading practices,you cannot change your contours to divert storm water or any kind of water onto other people's property. In this case we had no choice. We can't build this up because it is below grade. If we built it up to divert water onto somebody else, that is against the law. If I built a dike across here and diverted water onto this property I can't do that. All we can do is add some gravel and slow that water down or put temporary sandbags to take the City storm water and shoot it on down the street. That is going to harm somebody else. We are in a tight situation here. Yes, at the end of a long day where I'm on a shovel, and I'm not used to being on a shovel anymore, we are shoveling dirt because it is a small lot,you can't get regular machines in there so there is a lot of handwork. At the end of a rainy day, slopping around in the mud, and I don't feel good when I'm sweating and muddy, we are trying to do our job. We are from the hicks and we're here to help you, we are going to shut your job down. At this point you are supposed to cover your dirt, get it seeded, and straw it but none of that happened because we were shut down and told to get it in order. I'm seeing this as we are trying to actually do the right thing. We haven't asked the City for anything. We've taken out the lady's patio, taken out whatever landscaping she had, we have dug a hole in the back yard, and you need to go look at this because the end product works. To put it back, I think in a court of law, if you want to prosecute me for code violation or whatever you deem necessary, they are going to say put it back the way you found it. If we put it back the way we found it, it is going to be back to gravel across the front with broken concrete and that will be it. Then we can go back to permitting and 16 20140410CityCouncilPacket Page 171 of 192 20140404/jrl figuring out how we can get the two off-street parking in there. Now the problem is solved, it looks decent, it was on the Tour of Homes and it showed well, it helped generate money for charity. At this point,they have already spent all the money that they are supposed to spend on 50%value of the house. I don't really want to spend any more labor over there shoveling gravel. In my opinion it should be grandfathered in as a non-conforming use. There are lots of properties on Jones Street if you drive down there that have similar situations. It is in keeping with a lot of other homes on the street. Mr. Major—Directly across the street on Jones Avenue, there is a home that has about a 35-foot solid concrete driveway that tends to slope down towards 209; does this cause you any problems? Mr. Dugger—I don't know that one causes trouble. If we were allowed to show some of our pictures I could point out some that do. Obviously, and it doesn't take a hydrologist to understand how water moves,you can go out with an umbrella and watch it. When you do not have curb and gutter, side ditches, or swales like most highways and roads have, on some streets water runs off the road and into the yards. On some that had the sense to build their lot up before all the requirements for hydrologists and engineers, their lots are built up and the water shoots out into the street. That water has to go somewhere. In low spots if you built up above the crown of the street, it lays there and has to soak into the shoulder. If it is across the street,the crown of the road would prevent it from running across that and it would just run to the next available spot on the same side of the street. Roads are crowned 6 inches in the center typically. Mr. Marion—With what has been done, has that mitigated the potential for the flood runoff for the collection of water that used to stand there? Ms. Langley—Yes. The cart path to the front door, where the flume came and the water ran in,was replaced with a brick walkway that you can't see. It is a permeable surface and we felt like we improved the property ecologically very much by doing that. That was a very conscious decision as well. Mr. Major—How long has stone gone across the entire front of the property in the City right-of-way? I saw a 2006 picture that I thought had stone. Ms. Otto—I think that is the oldest one I saw as well. Mr. Major—So it has been there a long time. Ms. Otto—It has been there a long time. Again, as previously stated, an application to improve a driveway, whether it be rock or pavers, requires that it be brought into compliance. If you go back to the survey, you see this block building in the backyard. If somebody came in and wanted to replace that block building, it too would have to be brought into compliance. That there was no previous permitting record to allow a driveway 60 feet wide at this property, is indication to me that it was done without City approval. Mr. Major—You are saying the entire front yard is a driveway because it is 60 feet wide? Ms. Otto—Yes. Mr. Major—If they modified the fencing that is across the front and designated a 25-foot area with something on either side that made it a driveway and created parking spaces would that work? I hate to see us take up stone and put down concrete. That is going in the opposite direction. Ms. Otto—The City is looking for restoration of its property. Mr. Major—Hasn't it always been stone? 17 20140410CityCouncilPacket Page 172 of 192 20140404/jrl Ms. Otto—No. It was claimed by a prior owner with rock but it is a City right-of-way. The City is looking to reclaim that as City property and that the City property be restored to grass. Mr. Major—Do we know that it was ever was grass? Ms. Otto—There is no permit record that ever said that these prior owners could have the right-of-way. They have used it in the past for parking and backing out onto Jones. Because it is a public safety concern given that there is no easy way for bike riders or walkers on Jones to otherwise navigate and now they have a 60-foot possible back out area for vacation rental. Mr. Major—I'm just trying to figure out what makes sense here. Ms. Otto—What makes sense is restoration of City right-of-way to the greenspace it is meant to be. The plan the contractor agreed to when the permit was issued still allowed 25 feet of the City's property to be rock with restoration of 35 feet to be restored back to City right-of-way. Mr. McNaughton—How far back, if you go back to the photo, if they left 25 feet in gravel, how far back from the white stripe, because I don't know where the City right-of-way is, how much gravel would they have to remove? Ms. Otto—To their property line. Mr. McNaughton—Do we know where the property line is? Ms. Otto—Based on the survey that was provided, the fence was moved back 10 feet as part of this project so the rocked area increased 10-foot further. This 10 feet is their property, so from the property line to the pavement of the street. 1 ■Eir „Nib Mr. Marion—The staff is only concerned with the City right-of-way restoration. Ms. Otto—Yes. Of the areas not encompassed by a 25-foot rock driveway. Mr. Marion—We don't necessarily take interest in that rock that is beyond the City right-of-way, correct? Ms. Otto—Ideally that would be their parking area. Mr. Major—Since we don't know when, if ever,this was grass,why wouldn't this be a continuation of a nonconforming use, why would that not apply here? Ms. Otto—Had it been a permit application that had come prior to the work, it would have been a condition of the permit that this site be brought into compliance with current code. When you alter a structure or the property you have to improve it to current code. If this was proposed for pavers, obviously there is no option to pave a 60-foot wide stretch of the City's property in front of a single-family home or we would be asking for a Variance. That it is rock is the same scenario. Ms. Bramble—It has not always been gravel or rock. It has not been a maintained lawn as what everyone would think. I've been here a long time and it has not always been a gravel area. Mr. Major—Was it grass? Ms. Bramble—Tybee grass. 18 20140410CityCouncilPacket Page 173 of 192 20140404/jrl Ms. Otto—Which I think is some of what you saw in this. Ms. Langley—I think Mr. Majors asked why don't we just put the grass in. We only live here part-time. We understand that water is a very valuable resource on Tybee. We are not here to maintain that. Perhaps down the road that is something we can think about. We wanted the gravel to do its job which is basically to stop the erosion of the lawn. The runoff on Jones Avenue was considerable. If we did plant grass, we think it would end up like many of the lots on Jones Avenue now which are the flotsam that John mentioned earlier. The trash and the Tybee grass, which in our case was weeds, and would not be attractive. Mr. Marion—Sod would not be an answer? Ms. Langley—Again, because we are not there to water it, I'm not so sure it would survive. We have a little irrigation system in the grass we did plant to keep that healthy and to keep the erosion at bay. I'm afraid if we put a lawn in the City right-of-way,we don't have a way to keep that healthy. Mr. Marion—In your opinion,you are not willing to do, essentially the restoration of grass on either side of the driveway as staff has recommended. Is that totally out of the question? Ms. Langley—If someone would maintain it I don't think it is out of the question at all. We were concerned that it wouldn't be maintained and again it would end up as dirt and the erosion process would still continue. Mr. Marion—The property itself, is it still under the care of Mermaid Cottages? Ms. Langley—Yes. Mr. Marion—Obviously it comes down to a preference of the owners to have some kind of maintenance plan in place. Do you maintain it yourself? How do you care for the property at this point outside of all the work Mr. Dugger has done? Do you have somebody come over and mow? Ms. Langley—We hope that will be us every time we can come and visit the property so that we can save our money and hopefully save enough to retire on. We don't have a regular landscaper. Also, we are very conscientious about using the water and that is another reason we considered leaving that permeable gravel in place right now. Ms. Bramble—Is that where you stay when you come down to visit? Ms. Langley—We do except right now it is rented. This was a business trip and Mermaids was kind enough to let us stay at a cottage a couple of homes down from 209 Jones. Ms. Bramble—Even though I sympathize with you about maintaining and watering it, I have a big lawn at my house and a big part of that is City right-of-way. I have mowed and watered it to keep it from turning into a sand pit. In my opinion that is part of being on Tybee. Sometimes you may have to mow once a week. You have to get out there to keep it from turning into a sand pit. It's part of a maintenance issue to me. Ms. Langley—Certainly and respectfully I absolutely agree with you except again the water issue is something that we understand from the Tybee website, is a precious commodity that we have and I think the gravel rock does its job and it looks pretty. I think it is prettier than it has ever been thanks to John and Jane. So we have opted not to plant. Mr. Major—To put a driveway back in place, I'm assuming that the 6-foot wide opening between the gates,they would have to come into compliance with the 9 by 18-foot, 2 parking spots under the current ordinance or could they just go back with a 6-foot opening. 19 20140410CityCouncilPacket Page 174 of 192 20140404/jrl Ms. Otto—It is my understanding they are not proposing the two required parking spaces on the property to be on the house side of the gate. This is their parking here [referring to PowerPoint] and the gate is located here. The only access they will have to on-site parking would be to pull into this driveway and park along the fence. Mr. Major—On the street side of the fence? Ms. Otto—Yes, on the street side of the fence. The only way they can accommodate two parking spaces now is to pull in and get on their property this way. That the fence was damaging vehicles tells me that maybe the fence should have been widened. This is now a walkway not a driveway. The only parking they are providing on their property would be in this 10-foot strip here [referring to PowerPoint]. The intent here, again,when the City opted to restrict driveway widths was public safety. If you have vehicles parking at any point 60-foot wide and you have got 6 or 8 cars along there, you've got bad visibility trying to back out onto a busy street and it is all public safety related. The intent here is if they did choose to have overflow cars park in the right-of-way, at least it is not more than two wide. Mr. Major—Is this a 60-foot right-of-way? Ms. Otto—It is a 60. Mr. Major—Starting at the center of the road and go 30 feet in both directions. Ms. Otto—Ideally. Mr. Dugger—It is safer now than it has been. We did address the intent of the code. When you look at historic structures, and Tybee has a bunch of them that don't fit neatly into the new code,you have got to look at the intent of the code and we certainly did that. You have opportunities to turn around without backing out onto Jones. You see this car parked here [referring to PowerPoint],that car would have to back out onto Jones. The way we have it now you can turn around. You're missing the main point; this house is being flooded from runoff with Jones Avenue. The gravel that is placed there is not the first attempt to slow the water down. It has been a tradition. You are suggesting that I take out what has been done to repair the edge of the road. That doesn't seem pragmatic or logical. We could look at some options but if you go back to Dianne's plan,we can mark that out on the ground and see if you can maneuver a car into there. As-builts indicate there is only 9 feet of gravel on the property and with square corners you would have a very difficult time parking in there. You have got rental people that are going to park wherever they want to. Ms. Otto—I agree 100%. The two parking spaces up on the property are challenged by the location of the fence. Mr. Marion—We wouldn't be in this situation if the prior contractor would have cleared all hurdles as required by the City, so we appreciate your observations. Ms. Otto—Chair,this is the gentleman and the prior contractor. Mr. Marion—I apologize. I didn't realize that. Ms. Otto—Even for the drainage problem, we have procedures to follow. I'm not even here tonight to talk about the drainage because at the point the site was already down to bare dirt, we had no average grades, we had no proposed elevations for his work, and we got what we got out of that. The resolution here is on the parking. Mr. Dugger—Single-family, it is in your own code,that it is exempt from land disturbing activities as well as storm water management plans. 20 20140410CityCouncilPacket Page 175 of 192 20140404/jrl Mr. Major—I think there is more that goes beyond that paragraph. It says however and a whole lot of requirements in that same ordinance. If you keep reading there is a another paragraph that you are exempt from certain things but all the things she just said have to be provided. Ms. Otto—Very much so. Mr. Marion—Do we have anyone else from the public that would like to address this? Jane Coslick came forward and introduced herself. I am a preservationist and I care a lot about this island. I watched what happened over there and we did have a lot of flooding and a lot of rain that week. We were trying to get ready for a cottage tour for about 800 people that came to the island on a Saturday. In reality I just feel like we are so water conscious on this island and I know how hot it is on the sides of those roads,there are no shade trees on Jones. If you put grass there it is going to die because it is so hot in the summer unless the City wants to provide a sprinkler system. I think we are so water conscious now about not even having sprinklers for little kids off the beach, this kind of confuses me. I haven't been into the codes a lot, so I need to sit down with Dianne and learn all the codes about everything because they are changing. Since Cullen died you are going to see a lot more of me because I really believe the island is special and I know it is confusing and not everything fits every rule. I appreciate you all being here because I couldn't do it. Thank you so much. Mr. Major—If that 6-foot was 9 feet and cars were driving in there and that was the two car parking area, wouldn't they have to back out on Jones to get out of there? Ms. Otto—Yes, but with a much more clear view of what they are backing into. If you can imagine a vacation rental and the cars parked this way [referring to PowerPoint], like diagonal parking and trying to back out, it is a different public safety concern than one vehicle using the appropriate driveway with the bikers understanding that is the driveway where here you don't know which car is going to come out. Mr. Marion—Is there anyone else that would like to speak to this? [There were none.] At this time I will close the public hearing. Do I have discussion or a motion? Ms. Bramble—Like I said to Ms. Langley, I feel for her, but I have been fighting drain water runoff from City streets a long time. I have walked through ankle deep water and calf deep water when we have a major rainstorm. The west side of my yard is like a mini flash flood if we have a tremendous rainstorm. I just, after 35 years, laid sod on the west side of my yard. In the last really bad rain storms, I didn't have a mini flash flood. It's just part of it,you have to maintain the City right-of-way whether you want to or not. The City isn't going to come by and mow the lawn,you will have to mow the lawn and you will have to water the lawn. If you want your property to look beautiful, you are going to have to maintain that area. Mr. Borkowski—I have a comment in regard to the safety. I think safety is a big concern, and yes,they can park on grass. If they do park on grass,the people that manage the parking services can come by and give them tickets for parking in the public right-of-way that is not authorized for parking. The other factor is there is an ordinance when they alter something on the property then the rest of it has to be brought to specifications and that is the City's property. The only property that belongs to them, or not really belongs to them, but the City grants to them is a driveway with the width of 25 feet wide at the maximum. To me this plan makes sense. Mr. Major- Under our ordinances for Variances, it seems to me that, included under topographic uniqueness, elevations would be a consideration for that which would make this at least eligible for consideration. Ms. Otto—We never received a predevelopment topographic survey. I do not have any way of knowing what the pre- existing conditions were because the work was done without a permit. That is why this conversation is not before you about drainage; it is before you about driveways and on-site parking requirements. 21 20140410CityCouncilPacket Page 176 of 192 20140404/jrl Mr. Borkowski—I make a motion that we deny the request as is. Ms. Bramble—Second. Mr. Marion—I have a motion and a second for denial. All those in favor please signify. [3-1/ Bramble, McNaughton, Borkowski voted in favor/Major was opposed]. Variance—8 T.S. Chu, LLC—8 T.S. Chu Terrace Ms. Otto—The property at 8 T.S. Chu Terrace is in a C-1 zone. There was a recent renovation of this five unit historic building. In your packet were the permits issued throughout the process to get to the point where we are at the final item which is the parking area. The permit that was issued was very much based on the green space calculation. It doesn't show well on this screen; it didn't scan as well as what is in your packet. When the site work was to be done, staff provided to the applicant the green space calculations which are 65%of the setbacks are to be in a vegetated state. The calculation from staff was that there was 2,080 square feet of greenspace needed for this site. The contractor provided a plan that met that by providing 2,094 square feet. Following the renovation of the building as it is now ready to be put into use,there are a few requests on their part. One is to relocate the handicap ramp which was located at the front of the building approximately in this area [referring to PowerPoint]. The first Variance before you tonight is to have a setback Variance to move the handicap ramp over to the side of the building so that access would be into a side door to increase the allowed amount of parking here for the five unit building. The second Variance is the green space. Because of the reduction by relocating the ramp and by some additional pavers that are proposed,the green space is being reduced below the square footage that was originally calculated that was needed for this site. Also,there is a Variance for a driveway width. Rather than 25 feet,they are proposing to extend the pavers to the pavement of T.S. Chu. The plan that had been approved to get the permit issued did not have pavers extending that distance to the pavement of the street; they were staying off the property line so as not to have a driveway that exceeded 25-foot width at the property line which is what the ordinance requires. There are three Variances before you. Mr. McNaughton—I am confused. I thought they were hoping to put pavers down from the street back to the old pavers. Ms. Otto—Yes. Mr. McNaughton—I was out there yesterday and there is sod where these pavers are supposed to go according to this plan. Ms. Otto—We will need to ask the applicant. Mr. McNaughton—There is 6 or 8 inches of sod all the way across that property. Ms. Otto—It sounds more like this plan had been for the green space. Maybe they are waiting for the permission before doing it. Mr. Major—I referred to it a couple of times tonight. We have an ordinance that says in order to request a Variance you have to state it in terms of the property and the hardship to the property whether it is narrow, shallow, or topographical circumstances and there is a space provided on the application. You are asking for three Variances and that space is left blank. I don't see it referred to in the narrative. There is a checkmark in the spot on the application. Is that meant to fulfill all those requirements? Ms. Otto—I took the check on page 2 of exceptional topographical or other physical conditions to be their statement. Mr. Major—So do you have a topographical survey, elevations, and all these things for this? 22 20140410CityCouncilPacket Page 177 of 192 20140404/jrl Ms. Otto—Not topographical. I believe they are probably referring to the "or other physical conditions peculiar to the property." We'll need to have them address that when they come forward. Mr. Borkowski—Maybe this is the wrong part of the process. My understanding is there has to be a hardship. My understanding of what is being requested is they want more parking space and that is not a hardship and I don't know how that fits into any of these. Mr. Marion—Do we have anyone that would like to speak to this? Mark Boswell came forward and introduced himself. I am the site engineer and I work with Tybee all the time. This is my client, Billy Navon. I would like to address one at a time but I don't know if I can keep up with them. First of all,the sod was from the original plan that we got approved. We didn't want to do this until we got permission to do it. The hardship is this was an historic structure that just by the nature of it alone we could not get the required parking in. There is no way. Whether there are pavers or not pavers, it doesn't matter;this structure does not meet the required parking for this type of building. Mr. McNaughton—It has to be the property itself; something about the building does not qualify for an application of a Variance. It has to be the physical property, right? Ms. Otto—The code language is the property. Mr. Major—When you got your original permit,was a parking plan submitted? Mr. Boswell—No, we were not required because we were not altering the site at that time. All we were doing is trying to rebuild and save this structure like it was. The Historic Society and all these guys said we couldn't touch anything else until that was handled. You could literally get on the top floor of that building when we started and you could feel it moving. Mr. Major—Is that the same ramp you have in front? Mr. Boswell—Yes. We just want to move it to the side. Mr. Major—That ramp is about 5-1/2 feet wide, right? Mr. Boswell—I believe it is 5. The landing is 5-1/2;the new code says the landing has to be 5-1/2. Mr. Major—We have a 5-foot landing on both ends. Then we have a little less than 8 feet total width there and we have a bike rack in the back. I'm trying to figure with my width and my bike if I'm going to be able to get down a 2-foot opening and I can't go around the other way because there is a building back there. How is somebody on a bicycle going to get back there? Mr. Boswell—We can move that bike rack. We could probably move it somewhere right in here [referring to PowerPoint]. The actual Variance we are asking for is for the green space Variance. Dianne, did you get our actual percentage? Ms. Otto—Fifty-four percent. Mr. Boswell—It would be 54% instead of 65%. That was after this was put in. The only thing we are asking Variance wise for the pavers is to put in this thin strip here. 23 20140410CityCouncilPacket Page 178 of 192 20140404/jrl Mr. Major—What is the total width of the pavers? Mr. Boswell—The total width is 60 feet, I believe. Mr. Major—Why isn't this being considered a 60-foot driveway? Ms. Otto—It is. The option they had was to keep those pavers off that property line. They could have them as wide as they wanted. It is at the property line where they are limited to the one 25-foot or 2 12-1/2 widths. They are requesting to have pavers in the area that abuts to the street where the property line ends. If they stop the pavers there, they would not need a Variance. Up on their property they can have it as wide as they want, it is just in the right-of-way they can't be more than 25 feet wide. Mr. Boswell—We are talking 1.3-foot strip of sand or grass. I hate to do this after the last people that were up here but it is basically almost the same thing except we are commercial and they are residential. Ms. Otto—This is a private street unlike a City street. Mr. Boswell—If we were to put in the 25-foot or 35-foot width right here [referring to PowerPoint], we would take out parking that is already at a premium because this was an historic structure and we are limited; we can't expand it. William Navon introduced himself. Also, it would relegate the people from knowing that they could just pull straight onto the property instead of going down that 25-foot driveway. It would be a little bit of a cluster for them to go over there and try to make their way around. People who are renting or staying there wouldn't really take into consideration just to pull straight onto the property. Mr. Major—If this is a private street then the 25-foot driveway on the property doesn't apply, is that what you are saying? wt. -.1406 Ms. Otto—I want to read that specifically. "A driveway opening which connects a lot with a public street shall not be greater than 25 feet in width." Mr. Major—T.S. Chu Terrace is a private street? Ms. Otto—It is. Mr. Boswell—There are a couple of condo type things in there. The entire front is like a parking garage underneath and that is the way we did that since it is not a public street. Ms. Bramble—I have never seen anything that Mr. Navon has had that is not maintained and looks very nice. Is this the same T.S. Chu Terrace that we had about the height restriction? Ms. Otto—That is right across the street. Ms. Bramble—I think it would be conducive that you extend the pavers so it all looks the same rather than having it cut off for a couple of feet and then you have Tybee grass or sand, it wouldn't be very nice looking. Mr. Marion—Is there anyone else from the public that would like to speak on this? [There were none.] At this time I will close the public hearing. Do we have discussion or a motion? Mr. McNaughton—I move that the request for the green space Variance be approved. 24 20140410CityCouncilPacket Page 179 of 192 20140404/jrl Ms. Bramble—Second. Mr. Marion—I have a motion and a second. All those in favor please signify. [2-2/ Bramble/McNaughton were in favor —Major/Borkowski denied] Mr. Borkowski—If you don't approve the Variance on the side,you don't need to address the green space, is that correct? Ms. Otto—It also depends on what happens with those pavers on the front because that reduced the green space as well. Mr. Borkowski—My thought is to vote on moving the ADA ramp for the Variance on the side. If you vote on that first then you would only be decreasing the green space maybe by one percent. If the ramp was voted down, if it had to stay where it is,then the amount of green space in the front might only be a small amount. Ms. Otto—It is this area that is impeding the green space [referring to PowerPoint]. This area is 8-foot in depth. Mr. Borkowski—Eight times 60, so it is 480 feet. Ms. Otto—Yes. In addition to the loss of green space by the ramp, there is potential loss if this is granted. If the green space is not approved they could not do this or that. Mr. Marion—I'm going to vote. My position is that I'm going to vote not in favor of the green space. Mr. Borkowski—I make a motion to deny the movement of the ramp on the side setback. Mr. Major—Second. Mr. Marion—I have a motion and a second. All those in favor please signify. [3-1/ McNaughton, Major, Borkowski were in favor/ Bramble was opposed]. Our last item particular to this, do I have a motion? Mr. Borkowski—What as the other item? Ms. Otto—The driveway width. Mr. Major—I make a motion to deny. Mr. Borkowski—Second. Mr. Marion—I have a motion and a second to deny. All those in favor please signify. [3-1/McNaughton, Major, Borkowski were in favor/ Bramble was opposed] Text Amendment—Section 9-050—Technical Codes Adopted—Residential Construction in High-Wind Regions Ms. Otto—There is a code section, 9-050A,where all of the technical codes that the City of Tybee Island has adopted are listed. We have amended this the last six months probably twice. First was to add the International Swimming Pool and Spa code and second to adopt the amendments by the Georgia Department of Community Affairs. What is before you tonight is a request to replace the Standard for Hurricane Resistant Residential Construction with the publication Standards for Residential Construction in High-Wind Regions. The item being replaced was published in 1999 and it is a highly used reference material. It is being replaced in like jurisdictions with the Standard for Residential Construction in 25 20140410CityCouncilPacket Page 180 of 192 20140404/jrl High-Wind Regions which is a 2008 edition. A lot of changes have occurred during that time. If approved, the new SBCCI document would be removed and replaced with the ICC document. Mr. Major—I move to approve. Mr. Borkowski—Second. Mr. Marion—I have a motion and a second to approve. All those in favor please signify. [Vote was unanimous.] Text Amendment—Parking spaces Ms. Otto—Your final consideration this evening is to add parking dimensions for smaller vehicles. This comes to you from the Parking Committee. A resident brought to their attention some potential City rights-of-way that are not large enough for standard size vehicles but may be able to accommodate motorcycles, golf carts, and smaller things like that. These would be signed accordingly that only those types of vehicles could park there. Mr. Major—Would they be metered or under our Pay to Park? Ms. Otto—Both—decal or Pay to Park. There are some runs along curbs on some streets where the 9 by 18 required standard size vehicle space doesn't fit but there could be space for a motorcycle or scooter space of a 5 by 9 or a low speed vehicle of 6 by 11 could be slipped in. This would provide parking for those vehicles as they do not necessarily need to use standard size spaces that can be used for other vehicles. Mr. Major—Could a Smart Car fit in there? Ms. Otto—If that falls under the low speed vehicle and golf cart category. Mr. Major—I don't think it does. Mr. McNaughton—On the dimensions, are those standards pulled from somewhere or did the Parking Committee design these? Ms. Otto—They are standards pulled from other cities. Consulted were Mesa,Arizona; Key Biscayne, and the Unified Zoning Ordinance that is not in force. Chatham County and City of Savannah have been working toward it. Ms. Bramble—I would like to know where some of these areas are on Tybee. Ms. Otto—I was at a Parking Committee meeting when the topic first came up. I was asked to research the dimensions. I know that the initial list has been whittled down. The Parking Supervisors have gone out and looked at some of the suggested areas. Some of them, for example, when you get on the ocean side streets that generally start at Butler and lay out the 9 by 18 spaces, or the 8 x 20 if they are parallel, when you get to the spots closest to the beach,there is still curb but not enough room for another standard sized space. I have not seen what the whittled down list is that the supervisors came up with but it is that type of situation where a motorcycle space could be created at the end of one of those side streets where there wasn't room for another full sized space. They are not wanting to create traffic hazardous areas but still allowing the access that people going down there need to turn around to get back out. Slipping in some of these where it is possible to try and further enhance and increase the number of parking spaces available. Mr. Marion—Is there any type of credit that the City gets for creating the scenario like this where you have recognition of small vehicles and provides spaces for them? Are there any green credits, state recognition,federal recognition for showing that we actually have something of this nature? 26 20140410CityCouncilPacket Page 181 of 192 20140404/jrl Ms. Otto—We did do an assessment of how friendly we are. If you recall there was kind of a negative the last time we proposed increasing the compact car spaces. I would have to review the worksheet to see if there is a portion in there that would grant credit for this type of program. Mr. Borkowski—I make a motion to approve. Mr. Major—Second. Mr. Marion—I have a motion to approve with a second. All those in favor please signify. [Vote was unanimous.] Mr. Borkowski—I would like to make a comment before we close the meeting and that is just for all you guys that support doing this, Dianne,Jerris, and you guys in the back. In addition to a really long work day that I know you have, you do a great job and I just want to recognize you for it. Ms. Otto—Thank you,Tom. It's very kind. Mr. Marion—Good job guys. Mr. Major—Second. Ms. Bramble—What happened on the proposed lighting ordinance? Ms. Otto—My recollection is that it has been tied up in a legal review. There is that one and two others that need to be resurrected. I will attempt to get those pulled out. Update—Wind Energy Facility Ordinance Ms. Otto—There was a final update on the agenda about the wind ordinance. As you saw from the email, I have not been able to find an expert to come work with us yet. Mr. Marion—There is something I would like to recommend or suggest if staff is okay with this. Instead of approaching it in the way we wanted to earlier, perhaps put it to a 3-person committee to begin tackling it. The three people would most likely be myself, Demery, and then a third person outside of us that is perhaps a subject matter expert. If staff would take that into consideration, I would love to pursue that angle. I feel we can be much more effective in a quicker manner and probably yield a high value assessment. Ms. Otto—Sounds great. Ms. Bramble—I make a motion to adjourn. Mr. McNaughton—Second. Mr. Marion—All those in favor please signify. [Vote was unanimous.] Meeting ended at 10:00 PM Minutes bylerris Bryant 27 20140410CityCouncilPacket Page 182 of 192 20140404/jrl 2. --ge_r+.40 Dianne Otto From: Dianne Otto Sent: Tuesday, March 18, 2014 9:22 AM To: David McNaughton (mcmaughtond @bellsouth.net); Demery Bishop;John Major;Julie Livingston; Marianne Bramble (mabeachbummett @hotmail.com); Tom Borkowski;Tyler Marion (tyler.marion @gmail.com) Cc: sbentley @bellsouth.net; Michelle Wixon; prm @mccorklejohnson.com; 'Christopher Wixon'; 'John Benton'; Bubba Hughes Subject: RE: Upcoming Planning Commission meeting Dear Commissioners—The email below is public input for John Benton's minor subdivision and variance request.This is item 2 on the agenda. I'll read Mr.Wixon's email aloud at tonight's meeting. Dianne Otto, CFM City of Tybee Island Planning & Zoning Manager Office: 912.472.5031 Fax: 912.786.9539 From: Christopher Wixon [mailto:CWixon @savannahvascular.com] Sent: Monday, March 17, 2014 6:32 PM To: Jerris Bryant; Dianne Otto Cc: sbentley @bellsouth.net; Michelle Wixon; prm @mccorklejohnson.com Subject: Upcoming Planning Commission meeting Ms Bryant/ Ms Otto We briefly spoke one day last week regarding the upcoming discussion on subdivision of the property at 1306 Butler Avenue. I had hoped to attend the meeting Tuesday night, but it seems that I am on call that evening (and many partners out of town for Spring Break). Likewise, although I have recently engaged legal representation in the matter, it seems that they, too, are unable to attend the Tuesday meeting. Nonetheless, I would like to raise the following items for the committee's consideration regarding the proposed variance request: Rights of a private property owner. As an owner of the property immediately adjacent to the proposed driveway variance, we must vehemently object to the proposed subdivision of the property at 1306 Butler Ave. Through conversation with our realtor at the time at which we purchased our property at #8 13th Terrace, we understood that access to the land to the East of the current dwelling was not feasible under current zoning laws. The proposed variance to current zoning law would allow the subdivision of 1306 Butler Ave for the purpose of building new homes upon unoccupied lots. Failure to uphold current zoning standards would disadvantage our property with increases in adjacent home density with resultant noise and dust from traffic flow several feet from our historic home, expedite degeneration of 130 year old building foundations, and would substantially obstruct ocean views from our house. 20140410CityCouncilPacket Page 183 of 192 20140404/jrl It should not be overlooked that the recent sale price of the home at 1306 reflects the value of a single lot and dwelling. Although we understand that Mr Benton purchased the dwelling with the intention of subdividing the property, the fair market value paid by Mr Benton reflected the value imposed by currently maintained zoning guidelines. Obviously, subdivision would provide significant financial benefit to Mr. Benton, but only at a cost to adjacent homeowners. As such,we contend that the proposed variance would infringe upon our constitutional property rights with the sole purpose of enhancing property valuation of 1306 Butler Avenue at the expense of our property value. Historical Consideration: Property subdivision does not support the developmental strategy of preserving large historic properties on the beach side of Butler Ave. The property at 1306 Butler is registered by the Department of the interior on the National Register of Historic Places. The GNAHRGIS states: "Built for Fred A. Davis. Part of a row of summer cottages that make up the Strand, one of two summer resort cottage settlements that developed on Tybee between 1890 and 1923 as a direct result of the construction of the Savannah-Tybee Railroad in 1887 and the construction of Hotel Tybee on the south end of the island in 1891. Each cottage was built in the center of a full oceanfront lot that extended from Butler Avenue to the beach. As the row took shape, a common landscape theme was adopted by each subsequent addition to the settlement. All cottages were built at a substantial setback from the dunes, which provided a grassy expanse (or strand) between the cottages and the beach. A walkway passed in front of the steps of each cottage, connecting the settlement with the resort at Hotel Tybee. This arrangement afforded the owners a spacious and private setting with a somewhat communal aspect when desired. In addition, each house has its own bridle path to the beach that ran off of the walkway. ° Furthermore, the property is listed on the National Register of Historic Places as part of the Tybee Strand Cottage historic District, added 1999 --#98000971. Given the historic importance of the house and the property, I have copied the Chair of Tybee's Historic Preservation Committee on this email and ask that this committee weigh in on the impact of the proposal. Likewise, given the impact to the Tybee Strand Cottage Historic District, I have also solicited an opinion from the Georgia Historic Preservation Division (HPD) , Department of Natural Resources (GA SHPO) who oversees HPD functions as part of the national historic preservation program. Through the Section 106 compliance program, the HPD functions as a watchdog, helping to insure the respect our most important historic resources. Through programs like the National Register of Historic Places, Certified Local Governments, and others, they work with partners both inside and outside state government to encourage regional and local planning, neighborhood conservation, downtown revitalization, heritage tourism and archaeological site protection. While it is true that the city of Tybee has allowed subdivision of properties within the Historic District, such decisions should not stand as precedent as it is my understanding that the majority of such decisions were made prior to the 1999 listing of the of the Tybee Strand Cottage Historic District on the National Register of Historic places. As such, continued property division and development in this 20140410CityCouncilPacket P4ge 184 of 192 20140404/jrl area would be INCONSISTENT with the existing historical character of the Tybee Strand Cottage Historic District. Housing Density .The subdivision of 1306 Butler does not support the strategic initiative of maintaining low density dwellings in these areas. Environmental impact. Subdivision of 1306 Butler Avenue would almost certainly result in the destruction of old growth trees. Even if deed restrictions prevented removal of old growth trees, construction vehicles, changing traffic patters, and increased traffic will almost certainly disturb fragile root systems in our sandy environment. Subdivision and construction presents a substantial threat to old growth trees. Further, the proposed division of property provides added impervious surface area, increasing risk of stormwater infiltration into a watershed area which depends upon delicate vegetation in order to maintain our vital dune structures. Respectfully Submitted, Chris Wixon #8 13th Terrace Sent from Windows Mail 20140410CityCouncilPacket Page 185 of 192 20140404/jrl 2-27-2014 Public Safety Committee Minutes Present: Wanda Doyle, Monty Parks, Bill Garbett, Barry Brown City Manager Diane Schleicher, Chief Bryson TIPD, Chief Sasser TIFD Approval of 10-24-2013, 11-26-2013, 1-23-2014 Minutes - Unanimous New Business: 1- Fire Department: A. Review Fire Chiefs memo of justification to add two additional part-time firefighters to the upcoming FY 15 Budget B. Review Personnel Cost C. Review Sample Schedule Diane Schleicher—Chief Sasser has requested two part-time firefighters be added to the Fire Department. Since most volunteers are working off the Island Monday— Friday the hiring of part-time firefighters would give a quicker response time to fire and medical emergencies. Chief Sasser— I propose adding two part time firefighter positions, using Savannah Firefighters that are trained to the Master Level. This would allow a quick response for a knock down of fires and to provide a quick response when summoned for medical or Ocean Rescue assistance. Chief Sasser—The shifts would be staggered with our Full Time Firefighter providing additional coverage with personnel that are professionally trained. Wanda Doyle— Is this correct $37,000.00 for two part time firefighters? Chief Sasser—Yes, No Benefits Monty Parks—Are any locals are present volunteers interested? Chief Sasser— Not the part time status possibly if it were full time positions. 20140410CityCouncilPacket Page 186 of 192 20140404/jrl Diane Schleicher—Volunteers are under different training program than paid firefighter. Full time or paid firefighters are required to have higher training standards. Bill Garbett—These positions would be year round? Chief Sasser—Yes Monty Parks—These would be two 29 or 30 hours per week positions? Chief Sasser—Yes, also there would be no personal protective equipment to purchase since we already have all of that in storage. Bill Garbett— How would this relieve the possibility of Civil Liability? Chief Sasser— Reduce response time for fire and medical emergencies Diane Schleicher—We are reviewing the budget at the present time; this is the reason this is before you for discussion. Wanda Doyle—This is not a lot of money it is time to look at this and make a recommendation to City Council. Monty Parks— Put in the FY 15 budget Chief Sasser—To the person requesting help 6-8 minutes seems like a long time. If we provide a quicker response we can knock down a serious fire or assist in rendering aid when a medical emergency arises. Wanda Doyle— Request for Motion to send to Council for approval — Bill Garbett—Yes Monty Parks—Second Unanimous Old Business: 1 -Police Department: 20140410CityCouncilPacket Page 187 of 192 20140404/jrl A— Beach Patrol — Part time Seasonal Police Officers versus Full-Time Officers cost analysis B—Additional beach patrol funds are needed for background checks equipment and lie detector tests as needed to satisfy State Certification requirements and limit liability exposure. Diane Schleicher—The current Beach patrol budget is very close to past years. We have no record of training or background checks for Part Time Officers. Chief Bryson—To receive State Certification will increase the budget, if we do not obtain State Certification we can create a reserve program transferring the Part -Time Officers to Reserve Status. Wanda Doyle— It appears two full time officers would equal the amount we pay to keep a pool of 20 part time officers that we draw from for work. Chief Bryson—Yes, I can count on the Full Times Officers to arrive to work there designated shift, I need a pool of 20 Part -Time Officers to pull from to get 80 hours per week coverage. The Part—Time Officers have already worked their time at their other Department and are filling in here. Wanda Doyle— If you were to eliminate the Part-Time positions, how will this affect the bike Patrol and foot patrol? Chief Bryson—We would continue to do a random bike Patrol and foot Patrol. Wanda Doyle—Could we look at hiring one full time officer and 20 part time pool officers? Are we pressed to receive State Certification? Chief Bryson— No Monty Parks—We presently receive 80 hours of work per week by a pool of 20 Part-Time officers Diane Schleicher—Since the Public Safety Building will not be completed until September let's look at continuing the present Part—Time hiring process. We would not be able to get State Certification until the Building is completed. 20140410CityCouncilPacket Page 188 of 192 20140404/jrl Monty Parks— Is Full Time Officers a better option for the Beach Patrol? Can we provide the same level of service? Chief Bryson— Either way we have provide limited service Mayor Buelterman - What does State Certification get us? Chief Bryson—The City Manger has requested this as a goal for the Police Department Diane Schleicher— I believe the training of personnel in the same manner to the same degree will be beneficial if a tragic incident were to occur. Mayor Buelterman— How do we have the same level of staffing in the summer as we have in February? Chief Bryson—We can increase the level of pay for part-Time Officers, this would let us hire the better trained officers. Wanda Doyle—We can look into a wage increase of Part-Time personnel in the budget discussions. At the present time can we go ahead and advertise the positions at the present salary. 2- Update on Public safety Building: A— Updates on construction schedule. Some buried debris was uncovered during a test dig at the location of the retention pond. Thomas and Hutton have been notified. Some time has been lost due to the severe weather but this is not an issue at this time. (JB 3-4-2014) 20140410CityCouncilPacket Page 189 of 192 20140404/jrl March 3, 2014— Special Public Safety Committee Minutes Present City Council: Wanda Doyle, Bill Garbett, Major Moseley, City Manager Diane Schleicher and Elkins Construction Staff - Ricky Byrd, Noah Davis and Andrew Hardaker New Business Special meeting was called and noticed by the city clerk for the public safety committee to discuss with Elkins Construction the change in project manager. Ricky Byrd is leaving Elkins Construction to work for a construction company in Arkansas closer to his family. Andrew Hardaker has been assigned by Elkins Construction as the new project manager. Noah Davis will continue as the on-site supervisor. It was noted with Mr. Hardaker that the city manager is to continue as the main contact for the project. The city manager is to disseminate information to the members of the public safety committee and city staff as it comes in from Elkins Construction. Noah Davis also discussed with the committee members and staff that were present that there is concerns with the current location for the drainage pond because Elkins found trash in the area where they did some test digs. Elkins has summited a RFI (request for information) to Greenline and Thomas and Hutton. Per the contract, there is a 21 day window for Elkins to notify the city of the possible change in scope due to unforeseen conditions with proposed solutions. Noah Davis will be talking with Doug Roberts tomorrow to discuss possible alternatives including the viability of relocating the drainage pond to the northern section of the proposed parking lot. More borings at the location will be required to get a better idea of the limits of the trash. It may be more cost effective to hall out the trash to a proper landfill. Elkins will coordinate to get the borings in the area to assess the cost of alternatives to be presented to the public safety committee for a recommendation to the whole city council in the near future. Diane Schleicher reminded Elkins that the new fuel tank for the site needs to be installed and certified by the EPD prior to removing the old tanks that currently still have EPD certification. Estimated down time for the pumps by Elkins is one week to allow the relocation and electronic monitoring of fuel for the relocated pumps. (Notes by DS - 3.3.14) 20140410CityCouncilPacket Page 190 of 192 20140404/jrl Friends of the Tybee Theater Regular Board Meeting February 20, 2014 Present: Bill Blakey, Rene DeRosset,Paul DeVivo, Keith Gay,Charlene Grissom,Sarah Jones,Jim Kluttz,Sloan Knudson, Karen Penick,Rich Rutherford,Dick Smith,Dan Turberville,Alfie Waite and Barry Brown(Council Liaison) Absent: Richard Adams,Paul Gilker,Jenny On and Greg Stoffler Invited Guest: Melissa Turner(Executive Director) Call to Order: Jim Kluttz called the meeting to order at 5:05 pm. New Member: Charlene Grissom was introduced as a new Board member Minutes: January 16th Board Meeting minutes were approved. Building Update: Dick Smith explained that phase I(as outlined in Turner's letter of February 20)of the building plan was now estimated at $575,000 to$625,000 and that to get a certificate of occupancy it would probably cost another$85,000 to$115,000(phase II). This plan included a new building in back of the present building that would be 32 feet deep. The intention is to get this to Turner Construction for an actual cost estimate. The electrical upgrade and all HVAC duct work(in total about$225,000)are included in the$575,000 to$625,000 estimate. Dick reiterated that all the numbers are estimates only and will be until we get a formal quote from the builder. There was a general discussion of what the order was to get different things done so as to minimize the cash outlay while at the same time obtaining a CO. The general consensus was that if the ultimate cost of the building that housed the HVAC was too significant an interim alternative had to be developed as we did not want to spend about$600,000 on this next round and still not be able to open the building. There was a consensus that greater detail behind the estimates was necessary and we needed to be sure we knew exactly what the minimum requirements were that we had to have to get a CO.Jim said that what we really need at this stage is for everyone to put forward their questions about how we do this so we can have a"building only"meeting to finalize a course of action. Fundraising Update: We still do not have a signed agreement with Kristin Boylston but believe we are close to getting that finalized. Kristin had a problem with operating on a strictly commission basis. Within the fund raising community this was not viewed as being ethical. Jim Kluttz and Kristin met with Jim Turner recently. During that meeting Jim Turner emphasized that to make this process successful all Board members had to make a financial contribution,this would demonstrate the support of the Board. Jim Kluttz indicated that it was very important to show the level of Board commitment. How much each Board member contributed was an entirely personal matter. Committee Reports: Finance: Alfie distributed the December 31,2013 balance sheet and profit and loss statement for the year then ended. Alfie also provided a third document that converted the profit and loss statement into a full year cash flow. At year end Cash was$84,000,fixed assets$988,000 and long term liabilities$343,000. Full year income was$79,000,expenses were$45,000 providing net ordinary income of$34,000. In addition we received grants of$25,000.This provided a total of$59,000. At the same time we expended$114,000 on improvements to the theater and paying down the mortgage. Event and Activities Recap: Tybee Yard Sale: The Yard Sale was held on February 15. We had sales of approximately$2,700. In the process we were able to collect some items which we will be able to use in the auction at the Wine Festival. Wine Festival: A budget for the Wine Festival was handed out and discussion followed. The Board approved an expense budget for the festival of $35,925. The Social Club's dinner event during the festival has already sold out and we have asked them to sponsor another with a different menu. Ticket sales to date are approximately$13,000 a level we did not reach last year until the end of February. There will be between 600 and 650 tickets for Saturday. Rich Rutherford will be the coordinator of the auction. We will need auction items as well as sponsorships and program ads. 20140410CityCouncilPacket Page 191 of 192 20140404/jrl Our goal is to raise$20,000 from the festival operations,$15,000 from the auction and$10,000 from sponsorships for a total of$45,000. We need to have all material for the festival program ready for printing by the 15th of March. There was a discussion of the media access policy IKEA Donation: We received a donation of Ikea flooring which is stored in the lobby and upstairs at 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 FY2015 Budget: It was recommended that we ask the City for a contribution of$50,000 to assist in our efforts to open the theater in 2014. Annual Meeting: We will hold this when we have specific numbers on what work on the Theater will cost. Membership in League of Historic Theaters: This would cost$350 per year and as there is no current benefit to the theater we will not join this year. Theater seating storage: We have seats we previously purchased that are in storage. We recently had to move them to a new storage location. That cost about$900 to move them over one weekend. Where they are now stored costs about$100 per month. Other Business: From the$500 payment from the polar plunge which we approved in January$300 will go to the city and$200 to the life guards. Adjourned: 6:23 pm. 20140410CityCouncilPacket Page 192 of 192 20140404/jrl