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Home My Public Portal About20150514CityCouncilPacket Table of Contents 000_000_20150514Agenda 1 040_020_National Public Works Week - 2015 3 050_010_20150423 Minutes 4 070_010_Cawley 11 110 010 Variance 1812 Butler 12 110_020_VARIANCE_LOT10 ROBINSON AVE. 20 Variance_lot 10 Robinson 20 Variance lot10 Robinson_2 28 110_030_SPECIAL REVIEW_2 13TH STREET 30 2 13th Street 30 2 13th Street-2 37 110_040_SPECIAL REVIEW_20 TAYLOR STREET 39 20 Taylor St 39 20 Taylor St.-2 65 20 Taylor St.-3 68 110_050_20150420_PC MINUTES 69 PLANNING COMMISSION CITY MANAGER 69 Demery Bishop Diane Schleicher 69 Julie Livingston Ecological Planning Group 69 120_010_14-2015 Sec plastic bags - blue lined - 04.28.15 73 120_011_14-2015 Sec plastic bags - 04.28 80 120_012_Docu ment 86 120_013_Letters 87 120_020_15-2015 Art VII Procurement 05.07.15 90 130_013_IGA Hwy 80 98 130_014_Resolution 101 130_020_ITB; Long Version 102 I. Name of the Producer(Contractor's insurance Broker/Agent). 109 II. Companies affording coverage (there may be several). 109 III. Name and Address of the Insured (this should be the Company or Parent of the firm the City is contracting with). 109 IV.A Summary of all current insurance for the insured (includes effective dates of coverage). 109 V.A brief description of the operations to be performed, the specific job to be performed, or contract number. 109 VI. Certificate Holder (This is to always include the City of Tybee Island). 109 130_021_RFP; Long Version 124 I. Name of the Producer (Contractor's insurance Broker/Agent). 131 II. Companies affording coverage (there may be several). 131 III. Name and Address of the Insured (this should be the Company or Parent of the firm the City is contracting with). 131 IV.A Summary of all current insurance for the insured (includes effective dates of coverage). 131 V.A brief description of the operations to be performed, the specific job to be performed, or contract number. 131 VI. Certificate Holder (This is to always include the City of Tybee Island). 131 130_030_Ocean Plaza Resort Hotel - Request for Abandonment 146 130_031_14th Terrace ROW Abandonment Request 149 130_032_Staff Comments 150 130_033_Tybee GI_LID Plan 2015 156 Introduction 157 2. GI/LID Program 160 a. New Development and Redevelopment: 160 Definition of GI/LID Structure: 161 GI/LID Inventory Collection and Maintenance: 162 2. Inspection Program 162 Inspections 162 Maintenance: 165 AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL May 14, 2015 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 Posting of the Colors Pledge of Allegiance Invocation IV. Recognitions and Proclamations 1 Bicycle Friendly Committee, Sunni Brown 2 National Public Works Week V. Consideration of the approval of the minutes of the regular meetings of the Tybee Island City Council 1 City Council Minutes, April 23, 2015 VI. Reports of Staff, Boards, Standing Committees and/or Invited Guest Limit reports to 10 minutes. 1 Beyond Tourism: Economic Impact Study— Presentation by Donovan Rypkema, Principal of Place Economics VII. Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes. 1 Ed Cawley, Tybee's 35 foot height ordinance as it applies to construction that incorporates any of the Old Fort Screven Gun Batteries. VIII. Consideration Local Requests & Applications-Funding, Special Events, Alcohol License IX. Consideration of Bids, Contracts, Agreements and Expenditures X. Consideration of Approval of Consent Agenda XI. Public Hearings 1 Variance: Consideration of set-back variance to allow for construction of an elevator a) 1812 Butler Avenue b) Zoning Variance (5-090), Sec 3-090 (Schedule of Development Regulations) 2 Variance: Consideration of set-back variance to allow additional front stairs and handicap lift for a proposed new single family dwelling a) Lot 10, Robinson Avenue b) Zoning Variance (5-090), Sec 3-090 (Schedule of Development Regulations) 3 Special aReviiew: Consideration of tree trimming within the DNR Shore Protection Area 20150514CityCaLcitPacet Street Page 1 of 173 20150518/jrl b) Standards for Special Review (5-070), Beach, dune, or vegetation disturbance/crossover maintenance and construction (3-100) 4 Special Review: Consideration of tree removal within the DNR Shore Protection Area a) 20 Taylor Street b) Standards for Special Review (5-070), Beach, dune, or vegetation disturbance/crossover maintenance and construction (3-100) 5 Planning Commission Minutes, April 20, 2015 XII. Consideration of Ordinances, Resolutions 1 Second Reading, 14-2015, Sec 42-4, Bag Ordinance 2 First Reading, Article VII, Procurement XIII. Council, Officials and City Attorney Considerations & Comments 1 Jason Buelterman a) Task Force Formation b) Resolution, Hwy 80 Improvements to be sent to Governor c) Intergovernmental Agreement with Chatham County/City of Savannah to handle traffic on Hwy 80 d) Resolution, Issuance of Film Permits on Highway 80 by GADOT 2 Bubba Hughes a) New Procurement Documents - RFP/ITB 3 Diane Schleicher a) Petition for Abandonment of 14th Terrace b) Green Infrastructure/Low Impact (GI/LI) Development Plan XIV. Executive Session 1 Discuss litigation, personnel, and real estate acquisition XV. Possible vote on litigation, personnel and real estate acquisition discussed in executive session XVI. Adjournment *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda,other than public hearings,should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the Clerk of Council's office by Wednesday at noon,eight days prior to the scheduled meeting. Agenda request forms are available outside of the Clerk's office at City Hall and at www.cityoftybee.orq. 4 THE VISION OF THE CITY OF TYBEE ISLAND "Ys to make Tybee Island the premier beach community in which to live, work,and play." jTHE 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." 20150514CityCouncilPacket Page 2 of 173 20150518/jrl National Public Works Week By the Mayor Buelterman of the City of Tybee Island A Proclamation WHEREAS,public works infrastructure, facilities and services are of vital importance to sustainable communities and to the health, safety and well-being of the people of City of Tybee Island; and, WHEREAS, such facilities and services could not be provided without the dedicated efforts of public works professionals, engineers, managers and employees from State and local units of Government and the private sector, who are responsible for and must plan, design,build, operate, and maintain the transportation,water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential to serve our citizens; and, WHEREAS, it is in the public interest for the citizens, civic leaders and children in the United States of America to gain knowledge of and to maintain a progressive interest and understand the importance of public works and public works programs in their respective communities, WHEREAS,the year 2015 marks the 55th annual National Public Works Week sponsored by the American Public Works Association be it now, RESOLVED, I, Jason Buelterman, Mayor of Tybee Island, Georgia, do hereby designate the week May 17-23, 2015 as National Public Works Week; and I urge all our people to join with representatives of the American Public Works Association and government agencies in activities and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they have made to our national health, safety,welfare and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and signed this proclamation and caused the Seal of the City of Tybee Island, Georgia to be affixed, DONE at the City Council Meeting on this 14th the day of May 2015. Mayor Buelterman Tybee Island, Georgia [SEAL] 20150514CityCouncilPacket Page 3 of 173 20150518/jrl City Council Minutes 20150423 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on April 23, 2015. Those present were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: • City Council Minutes, April 9, 2015 • Special City Council Meeting, April 16, 2015 • Add Liquor Sale by the drink for consumption on premises only. Current license #01989 Retain Beer/Wine-Sale by drink for Consumption on Premises and Sunday Sales and Entertainment, Gerald's • Special Event Consideration, Christine: April 27 — May 1: 2nd Avenue area (May 4 is the rain date if necessary); Yes But Film Corp • Special Event Consideration, Tybee Floatilla: June 14 at 12:30PM, July12 at 11:30AM, August 9 at 10:00AM and September 13 at 3:00PM; Alley III, Stafford Promotions. Discussion: Brian Stafford approached mayor and council to confirm that he has contacted all the residents in the area. He is also in the process of contacting all the rental companies to make them aware of the event. • Request City Council's approval by resolution to amend both the FY16 Capital Grant Project Fund 340 from $6,800,000 to $5,800,000. The purpose of this agenda item is to request the City Council's approval by resolution to amend and decrease the Fiscal Year 2015-2016 Capital Grant Project Fund 340 by $1,000,000 from $6,800,000 to $5,800,000. The original budget for the fund was $6,800,000 comprising of $1,000,000 transfers in from the General Fund and $5,800,000 from State of Georgia Bond proceeds. • Request for City of Tybee Island to execute the Coastal Regional Metropolitan Planning Organization (CORE) Memorandum of Understanding including CORE By-laws, Reapportionment and FY 16 Dues Table — Tybee's annual dues $3,189. Discussion: Mayor pro tem Doyle expressed her concerns regarding the smaller cities having budget issues with the fee schedule. • Jones Avenue Paving and Cross-walks; Consideration of amending project cost (change order) for R. B. Baker Construction ($156,153.35 for paving and three stamped pedestrian cross-walks and appropriate signage at 4th, 8th and 15th Street intersections) to upgrade the paving mix to a higher grade and to add a tack coat(s). Staff recommends Alternative B. Cost of either alternative is within budget cost for project of $178,000. Discussion: Mayor Buelterman asked Ms. Schleicher to provide a statement via email regarding the delay in the paving of Jones Avenue. This explanation could then be provided to all the residents. Ms. Schleicher stated that if mayor and council approve this item, paving would begin on Monday, April 27, 2015. 20150514CityCouncilPacket Page 4 of 173 20150518/jrl Mayor pro tern Doyle requested Ms. Schleicher correspond with the Tybee Island Tourism Council to inform the businesses of the scheduled paving. • Draft Letter for City Council Approval to the GDNR to authorize Burke's Beach Rental to use their company vehicle to transport beach rental equipment onto the beach one time during the spring and to remove said beach rental equipment one time in the fall. Also, authorization would be granted with advance notice to drive on the beach with a company vehicle to remove beach equipment during a declared storm emergency. The vehicle driving authorization would be limited to driving only in the wet portion of the beach from the nearest vehicle access point to approved rental locations and contingent on Burke's Beach Rental obtaining authorization through a GDNR Letter of Permission/Authorization. Discussion: Mr. Wolff stated his concerns as this might set a precedence for other beach businesses. Mayor pro tern Doyle stated that she accompanied Mr. Burke to a meeting with DNR and it is her understanding that DNR requires a letter prior to them processing a permit. Their proposal would outline that Burke's Beach Rental could drive on the beach at the beginning of the season to put their wares in place as long as they drive on the wet sand and approximately six months later retrieve their wares with the same process. Mr. Wolff confirmed that Burke's Beach Rental will be conforming to the City's guidelines. • Disclosure — City Manager's Waiver of Nepotism Prohibition — Ocean Rescue Division. Discussion: Mayor pro tern Doyle confirmed with Ms. Schleicher that the Command Staff is in agreement with the disclosure. Ms. Schleicher confirmed. • Resolution declaring "Livin on Tybee Time" by Roy Swindell the Tybee official song. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Mayor pro tern Doyle approached mayor and council to discuss the activities of Georgia Cities Week, GMA. Georgia Municipal Association requested that all municipalities participate in Georgia Cities Week. Activities for this week have included: Monday, April 20th, Volunteer Appreciation Reception; Tuesday, April 21st, Toast to Our Thieving Business Community; Wednesday, April 22nd, Employee Appreciation Picnic; Thursday, April 23rd, Tybee Island Youth Council participation in the city council meeting; and upcoming for Friday, April 24th, South-end Street Sweep. Mayor pro tern Doyle thanked everyone for their help in the activities. Call to Order— Tybee Island Youth Council • Tybee Island Youth Council a) Opening Ceremonies 20150514CityCouncilPacket Page 5 of 173 20150518/jrl 1. Call to Order — President David Rimes 2. Posting of the Colors 3. Pledge of Allegiance 4. Invocation — Vice President Azure Duree b) Announcements — Zarna Pratul Desai c) Progress Report — Secretary Ava McNally d) Presentation of Project Mayor Buelterman approached the Tybee Island Youth Council to outline the proposed project. He explained that the Savannah Tree Foundation has agreed to donate 15-20 trees to the City for planting. He is asking the Youth Council to approve this project as well as to determine where the trees would be planted. Karen Jenkins, Savannah Tree Foundation and Joe Wilson, DPW approached the Youth Council. Ms. Jenkins thanked the Youth Council for their consideration with this project. She stated that the Tree Foundation is looking forward to planting these trees in the fall of 2015. She then entertained questions from the following Youth Council members: a) Kurt Clark b) Kylie Kline c) Janiya Bowers d) MiKaree Stafford e) Joey Webster President Rimes called for a vote. Kurt Clark made a motion to approve the project. Joey Webster seconded. Vote was unanimous, 11-0. Jessica Turberville approached the Youth Council to present the winners of the Georgia Cities "If I Were Mayor" Essay Contest. First Place was awarded to Ava McNally and second place to Thomas Skinner. Ms. Turberville read the essays and with the assistance of Mayor Buelterman presented certificates. Drake Hughes approached the Youth Council to present the winners of the Georgia Cities Art Contest. With the assistance of Mayor Buelterman they congratulated the winners and presented them with certificates. President Rimes turned the gavel over to Mayor Buelterman. Mayor Buelterman called the regular City Council meeting to order. 20150514CityCouncilPacket Page 6 of 173 20150518/jrl Recognitions and Proclamations Mayor Buelterman asked Zarna Pratul Desai come forward to be sworn as a new member of the Tybee Island Youth Council. Proclamation, Bike to Work Week, May 11 — 15, 2015. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous 6-0. Proclamation, National Bike Month, May 2015. Paul Wolff made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 6-0. Councilman Monty Parks, Tybee Island Volunteer Recognition, requested the Chairmen of the various volunteer committees to come forward and be recognized. Mr. Parks expressed his appreciation for their hard work and dedication. He then presented each with a Certificate of Appreciation. Mayor pro tem Doyle thanked everyone for their hard work. Mayor Buelterman expressed his gratitude for all those that assisted in the beach sweep after Orange Crush as well as the City Council in working together in moving forward with this event. He explained that there will be an upcoming meeting in early May to lay out the parameters for a Task Force to deal with the event in a responsible and meaningful way. Mayor Buelterman stated that he will ask council for recommendations for appointments to the Board as well as a timeline. Ashley Workman approached mayor and council to speak in favor of the ban on plastic bags. Clay Mobley, Georgia Conservancy, approached mayor and council to speak in favor of the ban on plastic bags. Tammy Smith, Tybee Sea Turtle Project, DNR, approached mayor and council to clarify the research on plastic bags endangering sea turtles. She explained that the data is not there and the sea turtles are not dying from single use plastic bags. There is some evidence that some plastics can cause some damage and can certainly entangle some turtles but it is not proven from the single use plastic bags. Ms. Smith further stated that single use plastic bags are not affecting the nesting population with the sea turtles. 20150514CityCouncilPacket Page 7 of 173 20150518/jrl Freda Rutherford approached mayor and council to speak in favor of the ban on plastic bags. Mike Hosti, Tybee Island IGA, approached mayor and council to ask they do not support the banning of the plastic bags. He stated that he does not feel that banning the plastic bags on the local level will solve the problem as it needs to be done on the state level. Rich Hammons approached mayor and council to ask they do not support the banning of plastic bags. He applauds the energy that went into the crafting of the ordinance but would ask mayor and council to not approve. Catherin Propst approached mayor and council to respond to Ms. Smith's proclamation that single use plastic bags are not dangerous to sea turtles as there is evidence they are. She would ask mayor and council to approve the banning of plastic bags. Carol Massa, SCAD Student, approached mayor and council to speak in favor of banning single use plastic bags. Mike Flores, TS Chu, approached mayor and council to speak against the banning of plastic bags. Dave Ason, Jr. approached mayor and council to speak. He stated that the problem could be most effectively be addressed by vigorously enforcing the ordinance against littering that is currently in place. Michael Fagan approached mayor and council to speak against the banning of plastic bags. Paul Wolff made a motion to approve the consent agenda. Rob Callahan seconded. Vote was unanimous, 6-0. Consideration of Ordinances, Resolutions Second Reading, 7A-2015, Sec. 3-080. Off-street parking requirements. Wanda Doyle made a motion to approve. Bill Garbett seconded. Vote was unanimous, 6-0. Second Reading, 9-2015, 6-080, Commercial signs. Wanda Doyle made a motion to approve. Bill Garbett seconded. Discussion: Barry Brown requested that 20150514CityCouncilPacket Page 8 of 173 20150518/jrl the Planning Commission look at the non-profits, i.e., Tybee Island Marine Science Center, regarding signs and murals. Ms. Schleicher stated she will move forward with notifying the Planning Commission. Mr. Parks stated he would like to go on record as this is a complicated addition and is the type of writing mayor and council have been trying to avoid. Voting in favor were Paul Wolff, Monty Parks, Wanda Doyle, Barry Brown and Bill Garbett. Voting against was Rob Callahan. Motion carried 5-1. First Reading, 14-2015, Sec 42-4, Bag Ordinance. Mayor Buelterman clarified previous conversations as to whether this would be on the agenda for "Discussion Only" or for first reading. After a discussion with the city attorney, it was recommended that Ordinance 14-2015 would be for first reading. Mayor Buelterman stated that if approved for first reading, second reading would be May 28, 2015. Mayor pro tem Doyle stated that she appreciates all the hard work the CRC does and understands Ms. Propst' s passion but she has a passion as well, a passion for the Island and a passion for all the businesses on the Island. Mayor pro tem Doyle stated that she has spent an enormous amount of time researching alternatives to the ban on single use plastic bags. She outlined the current litter ordinance and explained that the enforcement of litter is progressing very well as there are five interns in place to assist the Tybee Island Police Department with enforcement. Further, the Public Safety Committee is working closely with the police department to prepare for the upcoming season. Mayor pro tem Doyle addressed recycling and recommended the City set up a plastic recycling program which would include all plastics. She is currently looking for a partner in this venture. Mayor pro tem Doyle showed forms from the local businesses that are not in favor of the single use plastic bag ban. Mr. Wolff stated that coastal communities have a responsibility to do everything within their power to protect marine life and that is what the proposed ordinance is about. He stated he does support recycling efforts of every description and the proposed ordinance is not a burden to businesses as it will serve as a marketing tool. Mr. Wolff explained that the local businesses, by this ordinance, have the ability to either sell alternative bags made of recyclable paper or recyclable materials or reusable bags. He further stated that by asking the local businesses to post a sign is an "on site" marketing tool for them and will let visitors know they are environmentally friendly and support the community and the environment and doing what they can to protect our resources. Paul Wolff made a motion to approve. Bill Garbett seconded. Discussion: Mr. Brown stated that after a recent beach sweep, the comments from the employees are that there were very little plastic bags that they deal with on the beach. Most of the litter is trash, cans, and cigarette butts. Mr. Garbett responded that plastic bags are uniquely harmful in that there are basically indestructible and an uncanny ability to travel by air, sea, and land as they do not stay on the beach. Paper bags degrade and plastic bags are much more damaging to the 20150514CityCouncilPacket Page 9 of 173 20150518/jrl environment than paper and biodegradable materials. Mayor Buelterman clarified that if first reading is approved the proposed ordinance would come before mayor and council on May 14, 2015 and people would still have the opportunity to speak. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. Council, Officials and City Attorney Considerations and Comments Wanda Doyle, Plastic Recycling. No action taken Paul Wolff made a motion to adjourn. Rob Callahan seconded. Vote was unanimous, 6-0. Meeting adjourned at 8:15PM 20150514CityCouncilPacket Page 10 of 173 20150518/jrl Jan LeViner From: EDWARD CAWLEY <edcawley @bellsouth.net> Sent: Thursday,April 23, 2015 1:08 PM To: Jan LeViner Subject: Next council Meeting Hi Jan, I would like to speak to City Council on May 14th regarding Tybee's 35 foot height ordinance as it applies to construction that incorporates any of the Old Fort Screven Gun Batteries. Do you need any more information? Thanks Ed Cawley 912-655-5107 20150514CityCouncilPacket Page 141 of 173 20150518/jrl STAFF REPORT 411Pel P LANNING COMMISSION MEETING: April 20, 2015 � `MCITY COUNCIL MEETING: May 14, 2015 LOCATION: 1812 Butler Ave. PIN: 4-0009-07-005A APPLICANT: Jeffrey A. Cramer OWNER: Robert Handelman EXISTING USE: Single Family Residential PROPOSED USE: Single Family Residential ZONING: R-2 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: South End Neighborhood APPLICATION: Zoning Variance(5-090) from Section 3-090 (Schedule of Development Regulations). PROPOSAL: The applicant is requesting approval of setback variances for construction of an elevator shaft within the side setback of an R-2 lot. A 5' variance is required to construct the elevator so the owner can access the existing residential structure without using the stairs. ANALYSIS: The elevator shaft is proposed to be located on the north side yard of the house, which is located 10 feet from the property line. The elevator shaft will be 5 feet wide and will require a variance from the 10 foot side yard setback requirement. The general character of the area surrounding this lot is residential. The south end parking area is located to the south of this property,and a townhome development is located across the street. The dimensions of this lot are approximately 128-feet by 80 feet. The square footage is 10,240. The minimum lot size in the R-2 district is 4,500 square feet.The"hardship"definition of Section 5-090(A)reads: (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including a substandard lot of record that existed prior to March 24, 1971 (See Section 3-040); irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, or considerations related to the environment, or to safety, or to historical significance, that is peculiar to the particular property; and; (2) Because of such physical circumstances or conditions or considerations--, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property. The required building setbacks for lots zoned R-2 are 20-feet front and 10-feet back and sides. The applicant is requesting approval of setback variances for construction on an elevator shaft where the building abuts the setback line.The proposed use is in keeping with the R-2 zoning 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 developments that are quiet and livable. . The City's engineer has visited the site on March 30, 2015, and has reviewed the plans and has stated that construction of the elevator shaft would not adversely affect drainage on this site. 1 20150514CityCouncilPacket Page 12 of 173 20150518/01 The Comprehensive Plan describes the South End Neighborhood as follows: The character of this area is defined by a mix of primarily residential uses with a growing number of vacation rentals in both single and duplex houses. The area is mainly defined by is proximity to the South End Beach and the commercial area of the Strand. There are a growing number of year round residential as well as seasonal rental uses. The proposed single-family dwelling meets the only applicable Recommended Development Strategy outlined in the Comprehensive Plan, Section 1.2.13, South End Neighborhood. The other three strategies are more appropriate for historic structures, municipal projects, or new construction and are not reflective of the consistency of this project with the Comprehensive Plan. Comprehensive Plan—Community Character Area North Beach Neighborhood—Section 1.2.9 Meets Recommended Development Strategies Strategy YIN or N/A 1. Future development and redevelopment should be very pedestrian oriented with safe N/A connections to adjacent neighborhoods and commercial areas. 2. New development,redevelopment and restoration should be consistent with existing character Y of the area in terms of mass,scale,use and density. 3. Historic structures should be restored and or preserved whenever possible. N/A 4. Continue to implement improvements to encourage safe pedestrian mobility. N/A STAFF FINDING The future elevator shaft is proposed for the north side of building,which is constructed directly adjacent to the 10' set back line, necessitating a variance for its construction. The proposed addition of the elevator shaft is not considered detrimental to the character of the surrounding neighborhood. This Staff Report was prepared by Courtney Reich. ATTACHMENTS A. Variance application received 03/31/15 (5 pages) B. Proposed Plans(2 Pages) C. Engineer Review(1 page) D. Photo of existing conditions (1 page) 2 20150514CityCouncilPacket Page 13 of 173 20150518/jrl CITY OF TYBEE ISLAND �f Fee ZONING VARIANCE APPLICATION omme tial $500 Residential $200 Applicant's Name Jeffrey A. Cramer Address and location of subject property 1812 Butler Ave. PIN 14k-0009-07-005A Applicant's Telephone Number (912) 412-3333 Applicant's Mailing Address 11 Jones Ave Tyhee Island, GA 31328 Brief description of the land development activity and use of the land thereafter to take place on the property: A 5' variance to build an elevator so the owner can access the exist. building without using stairs. Property Owner's Name Robert Handelman Telephone Number (912) 786-6530 Property Owner's Address 39 S. Main Street Akron. OH 44308 Is Applicant the Property Owner? Yes X No If Applicant is the Property Owner, Proof of Ownership is attached: Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. X Yes Current Zoning of Property R-2 Current Use Residential Names and addresses of all adjacent property owners are attached: X Yes If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action, and the date of each contribution; c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Disclosure of Campaign Contributions form attachment hereto: X Yes Signature of Applicant Date NOTE: Other specific data is required for each type of Variance. 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Afe ' • „. , 'N, 01114 -- : 11'7'Ail A:1 ? .'', " '''Ar• '''-_.1 . , 4' ' ....sd r • ' -T., -...6 . , 4' .Vt... . - . . , • A , ......../1 ik. 1 ..„. ...,..,..:... .7.,.. . .... ,, , . . ... . , — Al/ j,i Or ir _ -_ , \ '1/1" 4141•404,4,i, ,O,.,';',''''..4,,,s, 4 Z . i \ . \--- ' \ • //% 4..N ' ''' ‘‘ 1 ,A, . • te z o f 3 t, 4 N ,- . ■ 1 Ir* •,-) ,,..- ,-- •...... .... t • ' 4- ■;, 0-.•>' i ,, 4 * ' ;it., ✓ ' r ■•.1 a. yft vt. •••.,.., ....,_ - . -4,4,.......--""-- '- --11, 4-8 A/ii . _ lit ''' '''' "v. - .. . / 1 -�'. -. . 0 /I -.-Irl%1%t .4t . . 4 CD i... ..T • i `j ' , ` �� _ r G4#1►74KMAVE _- ' 1 • Y �" . lb, • VT ]■, • 154■1 dt.'r," -1 . : 1 ::- t i t • r 1, .1va0 0 STAFF REPORT PLANNING COMMISSION MEETING: April 20, 2015 CITY COUNCIL MEETING: May 14, 2014 LOCATION: Lot 10 Robinson Ave. (at Sprucewood Ave.) PIN: 4-0002-08-005 APPLICANT: Francis Bishop Wiley OWNER: Mack James Builders,LLC EXISTING USE: vacant lot PROPOSED USE: new single-family dwelling ZONING: R-1 USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: North Beach Neighborhood APPLICATION: Zoning Variance (5-090) from Section 3-090(Schedule of Development Regulations). PROPOSAL: The applicant is requesting approval of a front setback variance for construction on a vacant R-1 lot. ANALYSIS: A Variance application was submitted and approved by the Planning Commission for this property at the January 20, 2015 meeting and approved by City Council at the February 12, 2015. The applicant is seeking an additional variance from the approved 18ft setback line on the front of the lot to 10 feet from the front of the lot to allow for the construction of additional front stairs and a handicap lift. The general character of the area surrounding this lot is residential. The parking area for a residential bed and breakfast is to the east at the end of Robinson Avenue.Property occupied by the American Legion is nearby. The dimensions of this lot are approximately 65-feet by 53-feet.The square footage is 3,457.The minimum lot size in the R-1 district is 12,000 square feet.The"hardship"definition of Section 5-090(A)reads: (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including a substandard lot of record that existed prior to March 24, 1971 (See Section 3-040); irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, or considerations related to the environment, or to safety, or to historical significance, that is peculiar to the particular property;and; (2) Because of such physical circumstances or conditions or considerations, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property. The required building setbacks for lots zoned R-1 are 20-feet front and back, and 10-feet sides. The variance application currently approved for this property allowed for the following: 18-feet front/south, 9.5-feet rear/north, 11.7-feet east side, and 5.3-feet west side. The approval of these specific dimensions was in part due to the location of an existing foundation still in place on the site. There are rights-of-way of 50-feet, 45-feet, and 20-feet bordering the west, south, and east sides of the lot. The rights-of-way to the west and east are unopened. The north property line of the subject property is bordered by the side yard of a single-family home at 5 Sprucewood Street.The single-family home to the east fronts Meddin Drive. The"200-foot rule"of Section 3-090(A)(1)is not applicable to this lot.The proposed use is in keeping with the R-1 zoning district as outlined in Section 4-050(A): 1 20150514CityCouncilPacket Page 20 of 173 20150518/01 This land use district is established to minimize development densities in certain portions of the island to prevent overall development on the island from exceeding its environmental carrying capacity. Also to provide for quiet, livable, low-density single family institutions, as well as limited provisions for bed and breakfast operations. • The Comprehensive Plan describes the North Beach Neighborhood as follows: This area contains a significant amount of natural, cultural, and historic resources. The broad collection of land uses also includes new larger-scale residential developments, traditional cottage-style homes, townhomes, condominiums, restaurants, and other public uses. Two of the City's most notable historic sites are located in this area including the Tybee Lighthouse and Fort Screven Museum/Battery. Other characteristics include narrow streets, street trees, public and private beach access, public parking, pedestrian and bicycle traffic, and public parks. The proposed single-family dwelling meets the only applicable Recommended Development Strategy outlined in the Comprehensive Plan, Section 1.2.9, North Beach Neighborhood. The other seven strategies are more appropriate for historic structures or municipal projects and are not reflective of the consistency of this project with the Comprehensive Plan. Comprehensive Plan—Community Character Area North Beach Neighborhood—Section 1.2.9 Meets Recommended Development Strategies Strategy YIN or N/A 1. New development, redevelopment and restoration should be consistent with existing character Y of the area in terms of mass,scale,use and density. 2. Establish standards and design guidelines for signage.Develop a "theme"for signage to N/A ensure that it is consistent and fits with the character of the area and the Island as a whole. 3. Provide signage for landmarks and commercial businesses in this area. N/A 4. Historic structures should be preserved whenever possible. N/A 5. The City should provide appropriate incentives for historic restoration projects. N/A 6. Pursue historic district/historic structure designations for appropriate areas within this district. N/A 7. Ensure continued preservation of old growth trees,parks and greenspace. N/A 8. Support the continued development of the Tybee Island bikeway including bike lanes and N/A multi-use trails. The applicant has been advised that two means of egress are required by Section 9-050(C). The building plans will be drawn to reflect this if this request for setback variance is granted. STAFF FINDING Staff recognizes the required setbacks for a 12,000 square foot lot in an R-1 district are lot are challenging for development of this 3,457 square foot lot of record. The proposed single-family dwelling is not considered detrimental to the character of the surrounding neighborhood. This Staff Report was prepared by Ed DiTommaso. ATTACHMENTS A. Variance application received 12/08/14(2 pages) B. SAGIS map(1 page) C. photos of existing conditions (1 page) D. Rendering of proposed single-family dwelling(3 pages) E. Survey showing existing foundation,dated October 5,2012(1 page) 2 20150514CityCouncilPacket Page 21 of 173 20150518/jrl CITY OF TYBEE ISLAND Fee (44,:;') ZONING VARIANCE APPLICATION Commercial $500 Residential $200 ' Applicant's Name Le s Bt S I v V 1 l Address and location of subject property \ V O MIL w 1 PIN "C" 60o2-O8-0o S Applicant's Telephone Number O 365 _5 I t Applicant's Mailing Address `!a . 15r)ou3 t o a`d -[Z.1 Gfllnc ll e. OSO& Brief description of the land development activity and use of the land thereafter to take place on the property: lad Mdi -I►on in Arid + i Lt PI Explain the hardship Cif CG) 'Di S&bi I r J S1> 1 S (7 Jr/i7 Property Owner's Name f ' )p\12- 12._ ESLLcphone Number Property Owner's Address 8 Jim,'n * r.J TISLpc�of c� Sf1JAMni Cicz 3 k i,11ll Is Applicant the Property Owner? Yes No TIC) 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 RE5 Current Use W1" Names and addresses of all adjacent property owners are attached: 1/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 $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. / •isclosure of Campais Contributions form . a ment hereto: �,//Yes 0, 4-3- /5 lac ./A .710 III ft A ..... A. at Signature of Applicant Date NOTE: Other specific data is requi -d for each type of Variance. Fee Amount$ Check Number Date City Official 20150514CityCouncilPacket Page 22 of 173 20150518/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, ✓n�rrowness, or, t/shallowness of the lot size or shape, or, exceptional topographical or other physical conditions peculiar to the particular property. 5-090 (A) (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property. NOTE: Provide attachments illustrating conditions on surrounding properties and on the subject property, indicating uniqueness, etc. 5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the petitioner shall be required to: Add two feet to each side yard setback for each one foot above 35 feet in height, and, Have safeguards consisting of sprinkler systems, smoke detectors and other fire protection equipment deemed necessary at the time by the Mayor and Council, and, Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above 35 feet height. The Applicant certifies that he/she has read the requirements for Variances and has provided the required information to the best of his/her ability in a truthful and honest manner. 1 ► . / Aiwa e-1t" `f- 3' 15 A ..Akilk g ature of Applies 1 Date 20150514CityCouncilPacket Page 23 of 173 20150518/jrl . zd • —414444111%24411116 1111"."*. % ;ay - ii„ -...- ,,,, ... • . , .‘,., r+ a •iri / • ft =• 4 1. l • I . e 4 y %11Ski',.... )111* . f � ‘v 41 -� y 7 '�V R � lop '..;,. . i , y lit A. t tt' , ill ill, s it- 4 z 20150514CityCouncilPacket Page 24 of 173 20150518/P1