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HomeMy Public PortalAbout12212015_PC_PACKET.pdf PLANNING COMMISSION CITY MANAGER Demery Bishop Diane Schleicher Ron Bossick Marianne BrambleCOMMUNITY DEVELOPMENT DIRECTOR David McNaughton George Shaw Charles Matlock CITY ATTORNEY Edward M. Hughes Planning Commission Meeting December 21,2015–7:00 p.m. A.Call to Order B.Minutes 1.Meeting of November 16, 2015 C.Disclosures / Recusal Appeals D. Old Business 1. Tree Ordinance E. New Business of Land Development Code 1.Text Amendment –Sec. 5-050(A) 2.Text Amendment –Sec. 4-050(R) of Land Development Code 3.Site plan review –Parcel 4-0006-20-009 on Lovell Ave. by Mike Hosti F. Adjournment PLANNING COMMISSION CITY MANAGER Demery Bishop Diane Schleicher Ron Bossick Marianne BrambleCOMMUNITY DEVELOPMENT DIRECTOR Julie Livingston George Shaw John Major Charles Matlock CITY ATTORNEY David McNaughton Edward M. Hughes MINUTES Planning Commission Meeting November 16,2015–7:00 p.m. Chair Major called the November 16, 2015 Tybee Island Planning Commissionmeetingto order, and started with congratulating Commissioner Julie Livingston on her recent winto City Council which will start in January of 2016. Commissioners present were Marianne Bramble, David McNaughton, Charles Matlock, Demery Bishop, Julie Livingston and Ron Bossick. Minutes: Chair Major asked for consideration of the October 19, 2015meeting minutes. Commissioner Bishop stated he has no problems with the minutes but still has questions for the tree board. Commissioner Matlockstated that in the Rifle Ave. variance Mr. Herring was not recognizedas the applicant’srepresentative. Mr. Shaw stated that will be addressed. A motion to approvewith that changewasmade by Commissioner Matlock and seconded by Commissioner Bossick the vote to approve was unanimous. Disclosures / Recusal Appeals: Chair Major asked if there were any disclosures or recusals there were none. New Business: Map Amendment–consideration to rezone 1312Butler Ave. from R-Tto C1-SE : Mr. Shaw approached the commission to explain the applicant at 1312 Butler Avenue wouldlike to change from RT which is Residential Tourist toC1/SE which is South End Business District. The current use is a bed and breakfast residential which requiresthe owner to liveon site. The applicant would like to have the option to not have the owner/manager live on site. The properties to the north are zoned R2 and the properties to the south are C1;there are only a few RT properties in this area.Mr. Shaw stated the staff would recommend this be approved with the condition that it staya bed and breakfast inn or other residential use not any other commercial use. Commissioner McNaughton asked when there is azoning change the neighbors have to be notified have they been informedand if this goes commercial they would need a buffer I didn’t see anything on one side of the house. Mr. Shaw stated yes the neighbors will be informed and there is quitea bit of buffer around the whole property. Commissioner Livingston stated it has shrubbery on one side that would not meet a buffer requirement. Commissioner Bishop stated we could include abuffer in our determination. Commissioner Matlock askedhow does the information that Commissioner Bossick pulled affect all this, it appears that conditions weren’t met on the property next to this one. Chair Major asked Commissioner Bossick th about the information he gave to the Planning Commission. Commissioner Bossick statedthat this parcel at 20 14 Street went through the same rezoning in 2008 I thought some of the information from this one would help, and I think the zoningon the property next door has items that will affectthis lotsparking requirements. Commissioner Bramble said that sheremembersthis property and they only wanted to do special events. Chair Major asked if this needed a site plan approval. Mr. Shaw stated the way I read it is if it is not changing then it needs nosite plan. Chair Major stated I just want to make sure Council gets what they need. Commissioner McNaughton stated I thought under residential Bed and Breakfast you can serve breakfast.Commissioner Matlockaskedwhat does the overlay mean. Mr. Shaw answered you retain the requirements of the underlying zoning district, and thenthe overlay adds another layer of requirements. Mr. Nick Basta approached the Commission and stated his name and that his family owns the Georgianna Inn property at 1312 Butler Avenue andhe explained that he has a buffer to the side but can’t put one on one sideof the building because of property so close to the lot line but I am planning on putting some kind of fence. I don’t really have a noise issue and I have a curfew for thecustomers. Three of the houses around me are rentals. Chair Major asked who will take care of noise when you’re not their? Mr. Basta stated that he will make sure he has some way to take care of it and he has a very close relationship with his neighbors. Chair Major asked what will be different if you get this rezoning. Mr. Basta answeredI would like to do more food servings. Mr. Shaw I think there is a mix-upon what the tax records say and his zoningresignation. Mr. Basta stated this property has been some kind of Inn since 1921 and my family has owned it for 21 years and it has always been a rental. ChairMajor asked do you servefood now. Mr. Basta answered I don’t serve food or charge for food, I assumed I could not serve food. Five of my seven roomsdo have kitchens. Mr. Basta also stated that he did have a buyer for the property but he backed out because he did not want to live on site. Chair Major asked if this were zoned C1 what could he do different. Mr. Basta stated I could live off site and I would like to do some smallevents. Chair Major stated you still could not do events. Mr. Basta answered yes but the zoning change would be myfirst step to that.Mr. Shaw stated yesthat is right. Commissioner McNaughton asked is your request for personal reasons or to sell the property. Mr. Basta stated I would be more reluctant to sell if I could increase my income. Commissioner Bossick stated you are aware you can have events for up to 20 people under code 3-060 Bed and Breakfast regulations. Mr. Bastastated yes I do know that but it is still really all about not living on site. Mr. Basta also stated that he never had trouble with parkingeven when he is totally full. Chair Major stated abuffer is requiredof 6’fence on each side and rear of the property, is that how high they are. Mr. Basta stated yesthe fences are 8’. Commissioner Bossickif you move to C1 it may reduce your parking. Mr. Basta stated yes I am aware of that. Commissioner Bishop asked Mr. Shaw if we approve the rezoning will he need aparking plan as it states in our code and changing to commercial will let other businesses in. Mr. Shaw stated it is my understanding that if it already exits there is no need for a parking plan and our recommendation is for a Bed and Breakfast Inn only. Chair Major stated we could ask that he sketch out a site plan before Council.Commissioner Bramble asked Mr. Basta if he would like to think about this and come back after receiving the information from the Commission. Mr. Basta stated no I will do a siteplan for th Council and go forward. Ms. KathleenFlynn approached the Commission and stated her name and that she lives at 14 and Butler for many years and is a close friend and neighbor to Mr. Basta the applicantand highly recommends Mr. Basta’s choice to make this a C1, Tybee has changed its not the residential neighborhood that we grew up with no owners live around the property, Mr. Bastacontrols the property very well. Ms. Flynn asked aboutparking with restaurants how do they get by with no parking plans. Chair Major stated restaurants have different requirements. Chair Major asked the zoning on your property is what. Ms. Flynn stated it is zone C1 conditional. Commissioner Bishop made the motion to approve C1 conditional consistent with Section 5-111of the LDC with conditions being 1. Complywith all site plan requirements and 2. A specific condition that rezoning of this property will only allow for a Commercial or Residential Bed and Breakfast and all other requirements of LDC with regards to rezoning must be approved by City Council and seconded by Commissioner Bramble the vote to approve was unanimous. Discussion of Planning Commission dates for 2016: Mr. Shaw stated that the first two months of the year of 2016 the Mondays are Holidays, so we need to choose the Monday before or the Monday after for Planning Commission meetings. Chair Major suggested the Monday’s after would thth and February 8. be best. January 11 Adjournment: Commissioner Bishop made the motion to adjourn and seconded by Commissioner Matlock the motion to adjourn was unanimous. Meeting adjourned at 8:11pm. ORDINANCE NO. 52-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO ARTICLE 7OF THE LAND DEVELOPMENT CODE 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 itspolice, zoning, and home rule powers, and WHEREAS, the City of Tybee Island desires to delete the currentArticle 7of the Land Development Code so as to clarify same; NOW, THEREFORE, it is hereby ordained by the governing authority of the Cityof Tybee Island that the current Article 7 is hereby deleted and Article 7 shall be replaced in its entirety with the following: ARTICLE 7. TREE ORDINANCE Sec. 7-010. Findings of fact. Sec. 7-020. Purpose. Sec. 7-030. Definitions. Sec. 7-040. Establishment of Tree Board. Sec. 7-050. Administrator. Sec. 7-060. Applications and exceptions. Sec. 7-070. Tree protection during plat and plan approval. Sec. 7-080. Tree permit required. Sec. 7-090. Tree removal requirements. Sec. 7-100. Removal of significant trees. Sec. 7-110. Tree protection. Sec. 7-120. Standards for tree planting and replacement. Sec. 7-130. Alternative compliance / Palms Up Fund. Sec. 7-140. Public tree care. Sec. 7-150. Penalties for unlawful tree removal. Sec. 7-160. Appeals of actions. Sec. 7-170. Tybee Island Tree Species Selection List. Sec. 7-180. Tybee Island Invasive and Non-native List. Sec. 7-190. Severability Sec. 7-010. Findings of fact. (A)Natural vegetative growth andTtrees add physical, aesthetic, and economic value to the island and should be preserved where possible. (B)Trees help stabilize the soil with their root systems and control soil erosion caused by storm damage as well as moderate surface runoff of rainwater. (C)Trees make life more comfortable on the island by providing shade, cooling both land and air, reducing noise and air pollution, providing scenic amenities, and providing habitat for desirable wildlife. (D)Trees are essential to the present and future health and welfare of residents and visitors to Tybee Island. Sec. 7-020. Purpose. The City of Tybee Island holds that trees are an integral part of the community’s infrastructure. As such, they are a reflection of the quality of life in the community, contributing to the health, safety, and well-being of its citizens. The purpose of this article is to establish the standards necessary to assure that this purpose will be realized and thatthe city will continue to enjoy the benefits provided by trees.The various sections of this article are adopted for the following purposes: (A)To help control the effects of accelerated water run-off and soil erosion due to clearing, and assist in dune stabilization and mitigation of storm drainage; (B)To preserve and protect trees for buffers where land use and zoning requirements dictate such buffers; (C)To maximize the positive benefits of sitting buildings and parking on land in relationship to mature trees; (D)To help enhancethe investments of property owners and buyers, and provide mature Native Islandtrees for the enjoyment of future generations; (E)To help protect the health and well-being of Tybee Island residents and guests; (F)To establish a tree board responsible for promoting and protecting trees, the benefits of trees, and tree care throughout the city; (G)To require mitigationfor the loss of protected trees in all stages of maturity on; and (H)To preserve the community’s character and quality of life well into the future. Sec. 7-030. Definitions. Applicantmeans an owner, occupant, or a representative of an owner or occupant of a lot, parcel or tract of land for which an application has been filed for a tree permit. BMP Manualmeans the arboricultural specifications and standards of practice that are published by the International Society of Arboriculture and represents the industry consensus standards for tree care, planting, maintenance and removal, which are incorporated in the ISA BMP Manual for Professional Standards for Arborists. means individuals who have achieved a level of knowledge in the art and science of Certified Arborist tree care through experience and by passing a comprehensive examination developed by some of the nation’s leading experts on tree care. . Contributing Treesmeans the species of trees identified for preservation and/orplanting within the city that will be counted toward meeting the canopy requirements as defined within this article. All trees on the tree species selection list are contributingtrees and will be counted toward the minimum canopy requirement of this article. Critical Root Zonemeans the area of soil around and beneath a tree that supports the tree’s root system, where any disturbance directly affects the tree’s chance of survival. The critical root zone includes all the area within a radius equal to one and one-half feet (1.5’) for every one-inch DBH. Developmentmeans any manmade changes to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. Diameter at Breast height (DBH)means the total cross sectional diameter of the trunk or the sum of multiple trunks of a tree measured four and one-half feet (4.5’) above the natural grade at the baseof a treeon the uphill slope above a natural buttress. Invasive Species means any non-native or exotic species that tend to grow rapidly and out-compete and displace native species in specific habitats. Large Canopy Treemeans a tree that is expected to attain a height of 50 feet or greater at maturity under ideal growing conditions. Medium Canopy Treemeans a tree that is expected to attain a height of greater than 25 feet and less than 50 feet at maturity under ideal growing conditions. Minimum Canopy Requirementmeans the minimum percentage (450%) of tree canopy required to be preserved or planted on any tract of land where the issuance of a land disturbance permit, new construction permit, removal of a tree, or other such activitypermit had been granted. Palms Up Fundmeans an account established to receive funds paid in lieu of required canopy, or for the compensation for damage or removal of city owned trees. Protective Barricademeans a physical and visual barrier installed around the critical root zone of a tree to prevent damage to the tree and its root system. At a minimum this would include three to four foot tall orange safety fencing. Public property tree means for purposes of this article, where reference is made to a tree being on “public property” the tree shall be deemed to be on public property where at least 50 percent of the flair of the tree where the tree interfaces with the earth, is located on public property. Significant Treemeans any tree determined by the Tree Board and/or City Manager or Designee, as provided for in this article, to be of notable historic interest, high aesthetic and public value, or of unique character because of species, type, age, or size. Small Canopy Treemeans a tree that is expected to attain a height of 25 feet or less at maturity under ideal growing conditions. Treemeans any healthy,growing self-supporting woody perennial plant that has a trunk size of two-inch DBH or greater and is of a species which normally attains a height of at least 25 feet at maturity under ideal growing conditions. Tree Boardmeansa legally constituted body of five individuals, appointed by the mayor, and approved doptedby the city council, whose responsibility is to advise the mayor and city council in tree-related matters. Tree Removalmeans any intentional or negligent act which cuts down or otherwise physically destroys a tree or will cause a tree to decline and die, including but not limited to: (a)Causing damage to the root system by application of toxic substances, operation of machinery, and changein natural grade by excavation or filling above the root system or around the trunk; (b)Causing damage from injuryor fire resulting in pest infestation; or (c)Causing damage from extensive pruning or trimming. Tree Species Selection Listmeans the recommended species of trees for planting within the city maintained and updated periodically by the tree board. All trees on the tree species selection list are contributingtrees and will be counted toward the minimum canopy requirement of this article. Tree Surveymeans a survey where all trees on the property shall be identified by species and size. Sec. 7-040. Establishment of Ttree Bboard. (A)Creation.There is hereby created and established a tree board for the City of Tybee Island, Georgia, which shall consist of at least five membersno more than 7made up of three city officials and up to 4 twomembers with expertise in arboriculture, who shall be appointed by the mayor with the approval of the city council. The public works director shall be a non-voting member of the board, serving in an advisory capacity. (B)Term of office.The term of the members fivepersonsto be appointed by the mayor shall be for three years, except that the term of one of the members appointed to the first board shall be for one year, and the term for one member shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the remaining unexpired portion of the term. (C)Compensation.Members of the tree board shall serve without compensation. The city, upon receipt of appropriate receipts and documentation, shall reimburse reasonable expenses incurred by members and approved by the tree board. (D)Operation.During the first month after being appointed, and at the first meeting of each year, the tree board shall elect a chairman, vice-chairman and secretary-treasurer from among its appointed members and keep minutes of its meetings. (1)The tree board shall meet at least once during each quarter of the year during January, April, July and October. Additional meetings may be held as requested by the chairman. A majority of the members shall be a quorum for the transaction of business. (2)During November of each year, the tree board shall submit a report on its activities during the past year to the city council. The annual report shall include the Palms Up Fund amounts collected, amounts spent, and the type and location of trees planted. (E)Purpose and responsibilities of the tree board.It shall be the responsibility of the tree board, but not limited to, the following: (1)The tree board, when requested by the city council, shall consider, investigate, make findings, report and recommend upon any special matter of question within the scope of its work; (2)Advise the city on all tree related issues; (3)Seek and apply for grant funding from public and private sources for conducting urban forestry projects; (4)Review the most recent Arboricultural Specifications and Standards of Practice of the International Society of Arboriculture as published in the American National Standard for Tree Care Operations (ANSI A300 –Part 1) and herein referenced in this article as the BMP Manual every two years to keep current on industry changes and provide recommendations for changes to the mayor and city council; (5)Review the actual costs for two-inch DBH replacement trees semi-annually. The cost includes the average size and cost of trees and materials plus labor for each replacement tree planted in the City of Tybee Island. Propose to city council updates of the replacement tree value of section 7- 130(B) as needed. (56)Provide tree care educational programs and information on the benefits of trees and best management practices to city staff and citizens. (67)Promote and support the city’s efforts to maintain its Tree City USA designated community. (F)Interference with tree board.It shall be unlawful for any person to prevent, delay or interfere with the tree board, or any of its agents, while engaging about the planting, cultivating, mulching, pruning, spraying,or removing of any trees on private and public property, as authorized in the City of Tybee Island Tree Ordinance. (FG)Review by the city council.The city council shall have the right to review the conduct, acts and decisions of the tree board, Final decision-making and spending authority shall rest with the city council. Any person may appeal any ruling or order of the tree board to the city council, whichmay hear the matter and make a final decision. Sec. 7-050. Administrator. The City Manager or his/her designeeis hereby appointed to administer and implement the provisions of this article. Sec. 7-060. Applications and exceptions. The requirements of this article shall apply to all parcels within the city. No trees shall be removed within the City of Tybee Island except in compliance with this article, with the following exceptions: (A)No permit or mitigation shall be required for the trimming or pruning of trees, provided that such maintenance activity shall not be so extensive as to constitute tree removal as defined in section 7-030; (B) The eradication of exotic, non-native, and invasive or otherwise undesirable species listed in section 7-180. Sec. 7-070. Tree protection during plat and plan approval. During the subdivision plat approval process and also during the site plan approval process, the existing location of all trees shall be considered in relation to the tree ordinance so as to preserve such trees unless no feasible alternative exists in order to make reasonable, beneficial economic use of the property. To be considered are the locations and the anticipated locations of drainage and utility structures, water and sewer lines, streets, sidewalks, driveways, final site contours, building footprints, and other impacts on existing significant trees. When no feasible alternative exists except to remove existing significant trees, their planned removal shall be noted on the plans, as well as the location, size and types of the trees planned to meet the requirements as outlined in section 7-100. Sec. 7-080. Tree Removal permit required. A basic condition of the City of Tybee Tree Ordinance is that all applicable sites achieve or maintain a minimum tree canopy of 450 percent. Applicable tothis sectionare land activitiesthat require the issuance of a land disturbance permit, new construction permit, removal of a tree, and other such activitiesthat cause harm to existing trees. Any person engaged in any activity that requires a land disturbing permit, new construction permit, wishes to remove a tree, or other such activitythat would harm any existing treesshall apply for a tree permit from the city. A tree survey and tree management plan must be submitted before a tree permit can be issuedin association with land disturbing activity, demolition, or a new construction permit. The tree survey shall have been completed no more than one year prior to the date of submission. The tree management plan, after approval, shall be included with the other construction drawings submitted for the Building Permit. The tree management plan shall include a site plan of the intended development and the following information: (A)The location, DBH, and species of existing trees on the site; (B)The location and an itemized list of trees per size and species to be preserved or replanted indicating the total aggregate value in canopy square footage; (C)A mitigation plan that shows the proposed location, size, and species of required replacement trees; (D)Adepiction ofstreets, rights-of-way, easements, overhead lines, fences, and other improvements in order to clearly indicate how the proposed development relates to the existing trees; and (E)A detailed plan showing the measures that will be taken to protect and preserve trees before, during and for a period of two years after construction. Sec. 7-090. Tree removal requirements. (A)Under the limits and conditions set forth below, trees may be removed from a lot or parcel provided that a minimum tree canopy of 450 percent is achieved or maintained. The minimum tree canopy is determined by dividing the parcel’s square footage found on the land survey by two. (B)The canopy requirement must be met whether or not a site had trees prior to development or disturbance. Thecanopy may be achieved by preserving existing trees, by planting new trees according to the minimum standards in this article or by a combination of the two. (C)Any existing tree of not less than two-inches DBH left in good growing condition on the property is eligible to be counted toward the required minimum tree canopy, shall be considered a contributing tree,and shall be protected. All large canopy trees listed in Table No. 2 of section 7-170 preserved on the property shall equal 1,200 square feet toward the minimum tree canopy requirement. All medium canopy trees listed in Table No. 3 of section 7-170 preserved on the property shall equal 550 square feet toward the minimum tree canopy requirement. All small canopy trees listed in Table No. 4 of section 7-170 preserved on the property shall equal 250 square feet toward the minimum tree canopy requirement. Any other trees in good condition existing on a property at the time of the permit application, but not included in the tables referenced above, maybe counted towards the canopy requirement atupon the approval of the City Manager or his/her designee. (D)Except as provided in section 7-100 no significant tree shall be removed from any lot/parcel, or public right-of-way within the city. (E)If the siting of a building footprint, the associated driveway, and parking areas require the removal of trees to a tree canopy less than the stated requirement in subsection 7-090(A), the Community Development Director planning and zoning manageror designated city representative may issue a permit to remove trees to a tree canopy below this standard under the following conditions: (1)The applicant must show that, within the available setbacks.planting areas, no locations for building footprints and driveway/parking exist that comply with the minimum tree canopy requirement above; (2)Removal of trees shall be limited to either the fewest number or the least total DBH necessary for siting of the building and the least destructive configuration of driveway/parking; (3)Following construction, trees shall be planted on the lot/parcel to establish the minimum tree canopy requirement as stated in subsection 7-090(A). Such planting shall be in accordance with the standards set forth in sections 7-110 and 7-120. Only trees listed in section 7-170 shall count towards meeting the minimum tree canopy requirement in this article.; and (F)Notrees shall be removed from the marsh buffer established in section 3.090.1. Sec. 7-100. Removal of significant trees. (A)Significant treesshallbe removed only under the following situations or conditions: (1)Upon showing by the applicant that removal of a significant tree is necessary to make reasonable beneficial, economic use of the property; such showing must demonstrate thatthere is no feasible alternative that would preserve the tree, and must be made for each significant tree the applicant proposes to remove.; (2)For improvements, expansion and/or new construction of infrastructure services, including water/sewer systemsand streets, but only if no alternatives are available.;and (3)Prior to the issuance of a permit allowing the removal of a significant tree, the Community Development Director planning and zoning manageror designated city representative shall confirm in writing that each removed significant tree shall be replaced with one or more trees so that the tree canopy meets the stated requirements in section 7-090 and shall follow the requirements of sections 7-080 and 7-120. (4) If the tree is dead or otherwise presents a threat to public safetyon Cityor private property, as affirmed by City staff or a certified arborist. Sec. 7-110. Tree protection. (A)On each lot or tract where construction is ongoing pursuant to a validly issued permit, protective barricades shall be placed around all existing trees’ critical root zone to be preserved to meet standards set by the International Society of Arboriculture,andGeorgia Forestry Commission., and the city’s requirements for protection of city owned trees or other trees required by this article. The areas within the protective barricades shall remain free of all building materials, construction debris, vehicles, and development activities. Any trees designated for retention on the tree management plan that dies or are severely damaged within the firstthreeyears after construction is completed shall be replaced in accordance with this article. Penalties for violation of this section shall be the same as found in section 7-150. (B)All pruning shall be conducted in accordance with the most recent version of theBMP Manual. Sec. 7-120. Standards for tree planting and replacement. . (A)Pursuant to building permitTrees planted or replaced, or left remaining on the site pursuant to a validly issued building permit in accordance with this article shall meet the following conditions: (1)All tree plantings shall be conducted in accordance with themost recent versions of the BMP Manual; (2)All planted trees shall have a minimum tree establishment zone based upon its mature size. Trees replanted to achieve canopy requirements are to be contributingspecies from the Tybee Island Tree Species Selection List listed in section 7-170. Substitutions may be made upon approval from the City Manager or his/her designee; (3)All replacement trees will be maintained properly to ensure their survivabilityfor a minimum of two years; (4)The minimum DBH for planted trees is two inches. Multi-stemmed trees must have three to five stems and be six to eight feet tall. The DBH for multi-stemmed trees will be the cumulative DBH for all stems. (5)Invasive and non-native trees listed in section 7-180 are prohibited from being planted within the city limits, but may be counted towards the canopy requirements if theyexist on the lot at the time the tree permit application is made.. (6)To minimize traffic hazards at street intersections and avoid conflicts with city infrastructure all tree plantings shall follow listed guidelines in Table No. 1, or as approved by the City Manager or his/her designee. Table 1.Tree spacing guidelines: Large Canopy Medium Canopy Small Canopy Evergreen Mature Size TreeTreeTree Minimum width between planted 8’6’4’8’ trees Under overhead DO NOT PLANTDO NOT PLANTAllowedDO NOT PLANT utilities Distance from Seesec.3-050Seesec.3-050Seesec.3-050Seesec.3-050 intersections Distance from hydrants & water 10’10’10’10’ valves Distance from 4’ (within property 4’ (within property 4’ (within property 4’ (within property curbs or curb lines line)line)line)line) &sidewalks (B)Pursuant to citation of violation. Replacement trees planted pursuant to a citation of violation shall be of the same tree species as the removed tree being removedunless a change in species is approved by the Community Development Director planning and zoning managerand shall be the maximum DBH that is commercially available. The aggregate DBH of trees planted as replacement shall equal the DBH of the tree that was removed in violation of this article. (C)Survival of replacement trees.All replacement trees must survive at least two full calendar years for the applicant to be considered to be in full compliance with this article. If the replacement tree becomes unhealthy or dies, it must be removed from the site and replaced as soon as conditions permit. This duration is not to exceed 6 months. The replacement tree shall be maintained for a minimum of two consecutive years after planting. Penalties for violation of this section shall be the same as found in section 7-150. Sec. 7-130. Alternative compliance / Palms Up Fund. If it is not possible to plant trees to the specifications required in this article, as determined by the Community Development Director zoning and planning manageror designated city representative, a fee shall be paid to the Palms Up Fund. (A)The Community Development Director zoning and planning manageror designated city representative must review and approve all requests for alternative compliance. The applicant must plant as many trees that can reasonably be expected to survive on the site in question. (B)The fee for each replacementtree is $500 as determined by section 7-040(E)(6). No development approval, land disturbance permit, or building permit shall be issued until the Community Deveopment Director zoning and planning manageror designated city representative has approved the request and received the necessary documentation and/or funds for the compliance method. (C)The Palms Up Fund will be administered by a designated city representative. The Palms Up Fund will be used only for the purposes of planting and maintaining trees on public property within the city limits of Tybee Island and to provide tree care educational programs and information on the benefits of trees. (D)To determine the appropriate contribution to the Palms Up Fund: (1)First, determine the parcel’s Implantable Square Footage (ISF) by subtracting the parcel’s square footage of existingavailabletree canopy from the parcel’s required tree canopy.; (2)Second, determine the required number of two-inch DBH replacement trees by dividing the ISF by 1,200 square feet and rounding up to the nearest whole number. (3)Third, determine the required contribution to the Palms Up Fund by multiplying the required number of two-inch DBH replacement trees by $500. Sec. 7-140. Public tree care. (A)The city shall have the right to plant, prune, maintain and remove trees, plants, shrubs and vines within the streets, alleys, avenues, lanes, squares and public grounds, as may be necessary, to ensure public safety and preserve or enhance the symmetry and beauty of such public grounds. (B)The city shall have the right to cause or order to be removed, any tree, or part thereof, which is in an unsafe condition, or which, by reason of its nature, is injurious to sewers, electrical power lines, water lines or other public improvements or is affected with any injurious fungus, insect or other pest, whether on public or private property. (C)No person shall plant, spray, fertilize, prune, remove, cut above or below ground, or otherwise disturb any tree on municipal property without first filing an application and procuring a permit from the city designee. Sec. 7-150. Penalties for unlawful tree removal. Violation of this article shall be subject to the following fines and restrictions: (A)Any person who violates any provision of this article or fails to comply with any notice issued pursuant to the provisions of this article shall be subject to a $1,000 fine for each unlawfully removed tree. (B)In addition to the penalties imposed in subsection (A) herein above, the party or parties found to be in violation of this article shall be required to plant trees, pursuant to the requirements of sections 7-090 and 7-120. The requirements of this subsection are mandatory, and shall apply regardless of any other penalties imposed for violations of this article. (C)Where violation of this article is associated with construction, pursuant to a city permit, a stop work order may be issued and a certificate of occupancy may not be issued until such violation has been remedied and trees are planted or replaced, pursuant to the requirements of section 7- 120, as necessary to meet the requirements of this article. The requirements of this subsection are mandatory, and shall apply regardless of any other penalties imposed for violation of this article. Sec. 7-160. Appeals of actions. Appeals of decisions of the city manageror his/her designee,pursuant to this article shall be made to theTree Board. A letter of support from a certified arborist is recommendedmust be providedto support the appeal. Decisions of the Tree Board may be appealed to the mayor and council pursuant to city council meeting procedures. Sec. 7-170. Tybee Island Tree Species Selection Listof Contributing Trees. The following lists are recommended but not exclusive. If you wish to get credit for planting a tree that is not on these lists please get approval from staff. The following trees listed in Table2 are large canopy trees and are contributing. Each planted tree in Table2 shall count for 1,200 square feet of area for purposes of meeting the required minimum tree canopy required in section 7-090. Each planted tree shall be no less than two-inches DBH at planting. Any removal of the following trees must be in accordance to section 7-100. Table 2.Large Canopy Trees: Common NameScientific Name BlackgumNyssa sylvatica Bald CypressTaxodium distichum Pond CypressTaxodium ascendens Pignut HickoryCarya glabra Southern MagnoliaMagnolia grandiflora Red MapleAcer rubrum Laurel OakQuercus hemisphaerica Live OakQuercus virginiana Nuttall OakQuercus nuttallii Shumard OakQuercus shumardii Southern Red OakQuercus falcata Scarlet OakQuercus coccinea Swamp Chestnut OakQuercus michauxii White OakQuercus alba Willow OakQuercus phellos Loblolly PinePinus taeda Longleaf PinePinus palustris Slash PinePinus elliotii Eastern RedcedarJuniperus virginiana SweetgumLiquidambar styraciflua SycamorePlatanus occidentalis Water Oak Quercus nigra Carolina WillowSalix caroliniana Southern Red CedarJunipernus Silicicola The following trees listed in Table3 are medium canopy trees and are contributingt. Each planted tree in Table3shall count for 550 square feet of area for purposes of meeting the required minimum tree canopy required in section 7-090. Each planted tree shall be no less than two-inches DBH at planting. Any removal of the following trees must be in accordance to section 7-100. Table 3.Medium Canopy Trees: Common NameScientific Name Betula nigra River Birch Ulmus parvifolia Lacebark Elm Koelreuteria paniculata Golden Raintree Ilex x attenuata East Palatka Holly Ilex x opaca American Holly Ilex x ‘Nelie R.Stevens’ Nellie R. Stevens Holly Ilex x attenuata ‘Savannah’ Savannah Holly Magnolia virginiana Sweetbay Magnolia Acer buergerianum Trident Maple Quercus lyrata Overcup Oak Pistacia chinensis Chinese Pistache Cercis canadensis Eastern Redbud Halesia carolina Carolina Silverbell Cladrastis kentukea Yellowwood Trachycarpus fortunei Windmill Palm Sabal palmetto Cabbage Palmetto Celtis laevigata Sugarberry Persea borbonia Red Bay Zanthoxylum clava herculis Toothache Tree Osmanthus americanus Devilwood Prunus caroliniana Carolina Laurel Cherry Bumelia tenex Tough Bumelia (buckthorn) Vaccinium arboreum Sparkleberry The following trees listed in Table4 are small canopy trees and are contributing. Each planted tree in Table4 shall count for 250 square feet of area for purposes of meeting the required minimum tree canopy required in section 7-090. Each planted tree shall be no less than two-inches DBH at planting. Any removal of the following trees must be in accordance to section 7-100. Table 4.Small Canopy Trees: Common NameScientific Name Vitex agnus-castus Chastetree Lagerstroemia indica Crape Myrtle Cornus florida Flowering Dogwood Cornus kousa Kousa Dogwood Chionanthus virginicus Fringetree Ilex vomitoria Yaupon Holly Magnolia grandiflora ‘Little Gem’ ‘Little Gem’ Magnolia Chinese RedbudCercis chinensis ‘Oklahoma’ RedbudCercis reniformis SnowbellStyrax americanus WaxmyrtleMyrica cerifera Sec. 7-180.Tybee Island ProhibitedTreeList. The following trees are prohibited from being planted within the city limits. They are considered invasive or a nuisance and endanger our ecosystem. If existing on the property at the time of a tree permit application, they may be counted towards meeting the canopy requirement. They will all be considered Small Canopy Trees for the purposes of the canopy calculation. The City of Tybee may add trees to the following list as necessary. Table 5.ProhibitedTrees: Common NameScientific Name Box ElderAcer negundo Bradford PearPyrus calleryana ‘Bradford’ CamphorCinnamomum camphora CatalpaCatalpa bignonoides ChinaberryMelia azadarach Chinese TallowtreeSapiun sebiferum Female GinkgoGinkgo biloba Green AshFraxinus pennsylvanica HackberryCeltis occidentalis MimosaAlbizia julibrissin MulberryMorus species Princess TreePaulowina tomentosa Russian OliveElaegnus angustifolia Silver MapleAcer saccharinum Tree-of-heavenAilanthus altissima Sec. 7-190. Severability. If the provisions of any section, subsection, paragraph, subdivision, or clause of this article shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this d 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 andCouncil pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2014. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING:______ ENACTED: Tybee/Ordinances/2014/52-2013 –Art 7Trees 09.02.14 STAFF REPORT PLANNING COMMISSION MEETING: December 21, 2015 CITY COUNCIL MEETING: January 14, 2014 LOCATION: Lovell Ave. behind the IGA, parcel 4-0006-20-009 APPLICANT:Mike HostiOWNER:Mike Hosti EXISTING USE: Storage yardPROPOSED USE: Storage building ZONING: NGPROPOSED ZONING:NG USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Inland CottageNeighborhood APPLICATION:Site plan review PROPOSAL:The applicant requests to build a three story structure that will house storage for the adjacent grocery store on the first floor and possible future residential on the upper two floors if allowed. ANALYSIS:This property has been owned by Mr. Hosti for some time and has been used as a storage yard for the grocery operation across the street. It currently houses several storage containers. It was rezoned to NG in Oct. 2014to match withwith the existing grocery and intended as a supplemental parcel.This parcel was specifically allowed to have storage containers but evidentlyno permanent storage buildings. The Comprehensive Plan describes the Inland CottageNeighborhood in which it lies as follows: 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. Comprehensive Plan –Community Character Area The Inland Cottage Neighborhood Sec. 1.2.6 Meets Recommended Development StrategiesStrategy Y/N or N/A 1.New development, redevelopment, and restoration should be consistent with the existing Yand 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 low Y impact commercial 3.Develop and implement design and architectural standardsN/A 4.Implement streetscape improvement to improve the pedestrian/bicycle environment and N/A encourage safety and mobility 5.Historic structures in this area should be restored and/or preserved whenever possibleN/A 6.The City should provide appropriate incentives for historic restoration projectsN/A 7. 1 8. STAFF FINDING The subject parcel was included in the neighborhood grocery district. It specifically allows for temporary storage containers but not permanent storage buildings. Staff feels that the city and neighborhood would be better served by a permanent, design appropriate structure than with the current storage containers. A warehouse would be fitting with the comprehensive plan as low impact commercial.If the previous text amendment to Sec. 4-050R is approved then staff recommends approval of this site plan. If the text amendment has not been approved then staff must recommend denial of the site plan based on the existing ordinance. This Staff Report was prepared by George Shaw. ATTACHMENTS A.Site plan review application B.Siteplans C.Property card D.SAGIS map 2