HomeMy Public PortalAbout20170918_PC PACKET.pdfPLANNING COMMISSION
Demery Bishop
Ron Bossick
Tina Gann
John King
Charles Matlock
David McNaughton
Alan Robertson
A. Call to order:
CITY MANAGER
Shawn Gillen
COMMUNITY DEVELOPMENT DIRECTOR
George Shaw
Planning Commission Meeting
AGENDA
September 18, 2017 — 7:00 p.m.
For City Council Meeting October 12, 2017 — 7:00 p.m.
B. Consideration of Minutes:
1. Minutes of August 21, 2017 will be available at the October meeting
C. Disclosures/Recusals:
D. Old Business:
CITY ATTORNEY
Edward M. Hughes
E. New Business:
1. Variance: Reduce front and side yard setbacks — Jane Fishman & Carmela Aliffi — Zone R -1B -
PIN 4-0002-03-012
2. Map Amendment: Rezone parcel from R-1 to R -T — 15 Meddin — 76 Meddin LLC —
Zone R-1 —PIN 4-0002-12-020
3. Site Plan review: Site plan review for adding a pool and rearranging parking on commercial
lot — 1006 Hwy 80 —1006 Hwy 80E LLC — Zone C2— 4-0026-11-003
F. Standing Agenda Item:
1. No standing agenda items due to storm
Adjournment:
Lisa L. Schaaf
PLANING COMMISSION
Demery Bishop
Ron Bossick
Tina Gann
John King
Charles Matlock
David McNaughton
Alan Robertson
CITY OF TYBEE ISLAND
Planning Commission Meeting
MINUTES
August 21, 2017
CITY MANAGER
Shawn Gillen
COMMUNITY DEVELOPMENT
DIRECTOR
George Shaw
CITY ATTORNEY
Edward M. Hughes
Chair Bishop called the August 21, 2017 Tybee Island Planning Commission meeting
to order. Commissioners present were John King, Charles Matlock, David
McNaughton and Alan Robertson.
Consideration of Minutes:
Chair Bishop asked for consideration of the June 19, 2017 meeting minutes.
Commission Matlock made a motion to approve and Commission Robertson
seconded, the vote to approve was unanimous, 4-0.
Disclosures/ Recusa Is:
Chair Bishop asked if there were any disclosures or recusals, there were none.
New Business: It
Minor Subdivision: Subdivide onftt into two lots — 1103C Bay Street —
Andrea and Ben Tanner — Zone R-1 — PIN 4-0021-16-066
Mr. Shaw approached the Commission and stated the Tanners recently inherited a piece
of property off Bay Street which is accessed from a 20' access utility easement. The
property is two lots of size that is required for the R-1 zoning and will both share the
same access on the east side of the property. Lot 3B which is the lot to be created is
an empty lot where 3A currently has the residence. Commissioner Matlock asked Mr.
Shaw for a clarification of Commissioner Bossick's comments which were unclear. Mr.
Shaw responded it was not clear to him either. Commissioner Matlock made reference
to the 20' easement. Mr. Shaw explained the easement goes to the road and currently
stops at Lot 3A as shown on the plat. Commissioner Matlock confirmed both lots have
access to the wooden walkway. Mr. Shaw confirmed as this gives both lots beach
access. Commissioner Robertson made a motion to approve and accept Staff's
recommendation. Commissioner McNaughton seconded. Vote was unanimous, 4-0
to approve.
P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 — FAX (866) 786-5737
www.cityoftybee.org
Site Plan: Add 50 sa ft for restroom expansion — 1601 Butler Avenue — Arby
Restaurant — Zone C1— PIN 4-008-18-004
Mr. Shaw approached the Commission and explained that due to Hurricane Matthew,
the restaurant was seriously damaged. He met with the representatives of the
company almost immediately following the hurricane and expressed an interest in
rebuilding. They have not applied for a permit within the first six months and he is
unsure if this item can be heard as it is a non -conforming structure currently. To keep
non -conforming in the same footprint and the permit needs to be applied for within the
first six months after a natural disaster. With this being said, the options are: discuss;
listen to public; perhaps make a motion; and/or pending the opinion of the City
Attorney, Mr. Hughes, either move forward and restart the process. Commissioner King
confirmed that even if the applicant was not expanding the footprint, the six month
timeframe would still be an issue. Mr. Shaw confirmed as this is a non -conforming
structure it must be brought into conformance if a permit is not applied for within the
first six months. The petitioners are not in conformance with the adjacent buffer as this
is not a residential use. Commissioner Bishop confirmed the applicant had applied and
received a roofing permit. Mr. Shaw confirmed. Commissioner Matlock asked if the
fees were waived due to the hurricane. Mr. Shaw responded fees were waived but not
for non -conforming use. Mr. Shaw recommended a motion be made tonight so the
request can move forward. Commissioner Bishop stated the damage to the building
and the building itself is a tremendous eyesore and needs to move forward.
Commissioner McNaughton stated he understands the desire to move forward but he is
reluctant to recommend approval to City Council when there is no legal ruling from the
City Attorney. Commissioner Bishop stated the Commission could move forward with a
stipulation and if Mayor and Council concur can move forward. Commissioner Matlock
asked if there is a requirement for a buffer. Mr. Shaw confirmed. Commissioner
Robertson asked for clarification with the ADA requirements in regards to the bathroom.
Mr. Shaw stated the bathroom needs to be expanded by 50' as there needs to be
wheelchair accessibility as well as room to spin the wheelchair. He continued, the
petitioner will not demolish the building only add 50 sq ft. David Stiller, Facility
Manager, Arby's approached the Commission. Commissioner Robertson asked Mr.
Stiller the implications of bringing the bathroom forward rather than extending out. Mr.
Stiller stated it is the recommendation of the architect to bring the bathroom forward
which will accommodate the ADA requirements. Commissioner Robertson asked how
long demolition and construction to last. Mr. Stiller responded approved bids have been
received and work is scheduled to being October 1, 2017 and to be open by
Thanksgiving. Commissioner Bishop asked Mr. Stiller the intent of the corporate office.
Mr. Still stated the interior will be completely remodeled to Arby's new standards and
exterior will be repainted. Commissioner Matlock asked if the petitioner has a permit.
Mr. Stiller responded no as they are trying to get site plan approval and then proceed
with permitting. Commissioner King asked if the building would encroach any closer to
the back fence. Mr. Shaw responded no as there is a portion of the back wall which is
closer than the proposed additional. Commissioner Matlock made a motion to
P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 — FAX (866) 786-5737
www.cityoftybee.org
accept Staff's recommendation approving the request. Commissioner Robertson
seconded. Voting in favor were Commissioners Robertson, Matlock and King.
Voting against was Commissioner McNaughton. Motion to approved, 3-1.
Variance: Request to impact marshland to maintain right-of-way — Polk
Street R -O -W and 318 Polk Street — City of Tybee Island — Zone C -2 -EC — PIN
4-0025-01-005Y and 005Z.
Mr. Shaw stated this is the third time this request has come before the Commission and
it is a variance from the City's marsh buffer requirements. The City must approve the
variance and then Department of Natural Resources (DNR) can act on their
requirements. The City has previously approved twice and has not gone forward. The
consultant, Mr. Alton Brown, indicated DNR is willing to move forward if the City
approves the variance. This is the City's road and the Leonard's driveway.
Commissioner Matlock asked who is asking for the variance. Mr. Shaw responded the
City and the Leonard's. This is the extension of Polk Street, sometimes called Salt
Meadows. The City is working toward approval for the placement of gravel on the road
due to flooding. Commissioner Matlock asked if there was going to be further
encroachment. Mr. Shaw stated the road does not look as it is getting wider than the
current encroachment although there will be spill off which could increase the width
slightly. This is the same scope of work as previously submitted and it seems that DNR
has changed their opinion. Commissioner King asked how long the gravel would last.
Mr. Shaw stated he was unsure and this request would probably come back to the
Planning Commission again. Commissioner King stated this would not have to come
back before the Planning Commission if the Leonard's and City maintained the road and
driveway. Mr. Shaw concurred. There was a discussion regarding the possible
placement of a culvert to help alleviate flooding. Mr. Alton Brown, Resource and Land
Consultants, approached the Commission. Commissioner McNaughton asked Mr. Brown
the reasoning why DNR has not previously approved this request. Mr. Brown stated in
2008 the City and Leonard's began working on this project, has gone through several
changes and there is a long list of reasons why the request has not been approved. As
of June 2017 we have received authorization from the Army Corps of Engineers without
the DNR authorization. With this authorization, he can appear before the Coastal
Marshlands Protection Committee and in order to go before this Committee, he must
have a variance. Commissioner McNaughton asked the estimated cost of this project.
Mr. Brown stated he did not have that information. Mr. Brown confirmed the Leonard's
as well as the City are fully committed to completing this project. Commissioner
Matlock made a motion to accept this application, staff findings, as written.
Commissioner McNaughton seconded. Vote was unanimous to approve, 4-0.
Standing Agenda Items
Derelict structures, their effect on the community and potential solutions.
Mr. Shaw discussed the background of this agenda item as the City Manager, Dr. Gillen,
P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 — FAX (866) 786-5737
www.cityoftybee.org
is very concerned about derelict structures. He is currently making a list of those
derelict structures to start the process of citations and seek permission from Mayor and
Council to demolish the identified properties if necessary to include imposing a lien on
the property. Some of these structures have historic designation and are in danger of
being demolished. Commissioner Bishop stated in touring the Island there are
properties that are in extreme stage of disrepair and have been in some time. He
commended the City Manager for continuing to take initiative in identifying these
properties. He confirmed there is a process in place to identify the owners. Citations
have a good result to date. A discussion ensued regarding the derelict structures to
include trash, unsafe living conditions and junk cars. Commissioner Robertson asked if
the City needed anything from the Commission. Mr. Shaw stated not at this time.
Commissioner Bishop shared the City of Savannah's process for citing property owners
of derelict structures. This process might be tailored for the City of Tybee. Mr. Shaw
stated the City is looking for compliance not looking to take property owners to court.
Rules for the use of temporary storage units (PODS). Commissioner Bishop
stated there seems to be a number of PODS on lots that have been in place post
Matthew. Mr. Shaw responded there is no current ordinance. He is in favor of crafting
an ordinance stipulating the timeframe of 3 — 6 months and extension would include
reapplying. Commissioner Robertson cited Chapter 22 of the City Code, Article III, Sec
22-69 as this already speaks to accessory buildings which include not for habitation
buildings. Junk litter is included in this portion of the Code and has a 30 day timeline.
This could be a beginning and be tweaked to include PODS. Mr. Shaw to bring a draft
ordinance to the Planning Commission at the next meeting. Commissioner McNaughton
asked enforcement be included in the draft ordinance. Mr. Shaw confirmed.
Review of Short Term Work Program.
Commissioner Robertson stated at the June 2017 meeting the Commission asked him to
bring two items: (1) Update on Master Plan Implementation Committee (MPIC) and
(2) recommend how and where the Planning Commission should fulfill its responsibility
in helping to implement the Master Plan and Carrying Capacity Study. Commissioner
Robertson stated there are eight members of the MPIC and they meet monthly. He
then shared his five recommendations (attached) and outlined a future meeting on
September 26, 2017 at which time the Planning Commission will be afforded the
opportunity to meet with the MPIC and Ecological Planning Group to discuss the best
plan moving forward. Commissioner Matlock asked if members of the MPIC were
representing themselves or the City. Commissioner Robertson responded, themselves
as they assisted in building the Master Plan, Commissioner Bishop commended
Commissioner Robertson on his work and expressed his concerns with the ambiguity
with the Land Development Code (LDC) and recommended hiring an outside firm to
review the LDC. In this way it would be beneficial in the Commission reviewing
applications and variances. Commissioner Robertson made reference to the Code
Review Committee with their sixteen month review of the Municipal Code. He stated
P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 — FAX (866) 786-5737
www.cityoftybee.org
there is no request to review the LDC. Mr. Shaw stated the LDC has become personal
as it reflects the will of the community and recommended a committee review the LDC
for additions/deletions/changes and when completed have an outside firm make final
adjustments. Commissioner Bishop expressed his frustration with the City Code and
LDC as when you search a topic there are many references that are noted but not all
may apply. Mr. Shaw stated if the Planning Commission wishes to make changes to the
LDC they must have Mayor and Council's approval. Commissioner Robertson reminded
the Commission he is to give an update to Mayor and Council in October 2017 on the
MPIC and could discuss the Commissions desires to review the LDC for possible
changes. Commissioner McNaughton recommended not moving forward until after the
election cycle. Commissioner Bishop concurred.
Commissioner Robertson asked to propose background, the Timms variance, 1303
Second Avenue that Planning Commission declined and Mayor and Council approved
and now Arby's variance is before the Commission. Also included would be the item on
Polk Street. He would have liked to hear from DPW their plan of action as well as had
an affirmation of current documents as he did not feel comfortable with decision
making with outdated information. Commissioner Robertson asked if the Commission
should keep a case log to capture the rational of instances where the Planning
Commission approves or disapproves and Mayor and Council reverse their
recommendation. Each variance is different and precedence cannot be set. He
expressed his concerns with Mayor and Council overturning the Commission's
recommendations. Mr. Shaw stated according to the City Attorney, there is no
precedence set by variance rulings — they are all individual and all unique and none set
precedence. A justification is also needed. Commissioner Robertson withdrew his
discussion. Commissioner Bishop asked Mr. Shaw to get a statement from the City
Attorney. Mr. Shaw confirmed.
Commissioner McNaughton made a motion to adjourn. Commissioner Matlock
seconded. Vote was unanimous to adjourn, 4-0. Meeting adjourned at 8:40PM.
Janet LeViner, CMC
City Clerk
P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 — FAX (866) 786-5737
www.cityoftybee.org
TQ Cor(�' Y\5
RECEIVED
CITY OF TYBEE ISLAND Page 1 of 3
LAND DEVELOPMENT CODE
MAP AMENDMENT APPLICATION Fee $500
Applicant's Name Harold Yellin, as agent for Cabretta 15 Meddin, LLC and owner 76 Meddin, LLC
Applicant's Telephone Number 912-236-4261
Applicant's Mailing Address PO Box 9848, Savannah, GA 31412-0048
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: VZ Yes
&ld Wag, August 31, 2017
Signature of Applicant Date
NOTE: Other specific data is required for each proposed Map Amendment.
city Official
DateLull
-,Ell
,_.
,,44
1
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Page 2 of 3
NOTE: This application must be accompanied by additional documentation, including drawings and/or text
that include or illustrate the information outlined below.
Indicate in the spaces provided whether or not the required information is provided.
YES or NO REFERENCE DESCRIPTION
5-020 (D) An amendment to the zoning map is considered to be an amendment of the Land
Development Code. Such action requires a hearing by the Planning Commission
and approval by the Mayor and Council at a scheduled public hearing.
5-040 (E) (2) An application for a map amendment shall include the following information:
f 5-040 (E) (2) (a) A map or plat of the land in question, and a description by metes and bounds,
bearings, and distances of the land, or if the boundaries conform to the lot
boundaries within a subdivision for which a plat is recorded in the land records of
Chatham County then the lot, block, and subdivision designations with
appropriate plat reference; and,
5-040 (E) (2) (b) The area of the land proposed to be reclassified stated in square feet if less than
one acre, and in acres if greater than one acre.
5-110 Section 5-110, Standards for Land Development Code or Zoning Map Amendment
Approval, identifies standards and other factors to be considered by the Mayor
and Council in making any zoning decision. The Applicant should provide written
data addressing each of the below listed standards and factors to assure
/ consideration of applicable information.
./ 5-110 (A) The existing land use pattern;
5-110 (B) The possible creation of an isolated district unrelated to adjacent and nearby
districts;
5-110 (C) The existing population density pattern and the possible increase or overtaxing of
/ the load on public facilities;
5-110 (D) Whether changed or changing conditions make the passage of the proposed
/ amendment reasonable;
5-110 (E) Whether the proposed change will adversely influence existing conditions in the
neighborhood or the city at large;
5-110 (F) Potential impact on the environment, including but not limited to drainage, soil
erosion and sedimentation, flooding, air quality, and water quality and quantity;
5-110 (G) The reasonableness of the costs required of the public in providing, improving,
increasing or maintaining public utilities, schools, streets and public safety
/ necessities when considering the proposed changes;
5-110 (H) Whether the proposed change will be detrimental to the value or improvement or
development of adjacent or nearby property in accordance with existing
requirements;
5-110 (I) Whether the proposed change is out of scale with the needs of the neighborhood
or entire city;
-5-1100) Whether the proposed change will constitute a grant of special privilege to the
/ individual owner as contrasted with the adjacent or nearby neighborhood or with
the general public; and,
5-110 (K) The extent to which the zoning decision is consistent with the current city master
plan or other local planning efforts, if any, of the city.
The Applicant certifies that he/she has read the requirements for Land Development Code Map Amendments
and has provided the required information to the best of his/her ability in a truthful and honest manner.
6-1't�t4 WAA, August 31, 2017
Signature of Applicant Date
Page 3 of 3
CITY OF TYBEE ISLAND
CONFLICT OF INTEREST IN ZONING ACTIONS
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Have you within the past two (2) years made campaign contributions or gave gifts having an
aggregate value of $250.00 or more to a member of the City of Tybee Island Planning
Commission, or Mayor and Council or any local government official who will be considering the
rezoning application?
YES NO
IF YES, PLEASE COMPLETE THE FOLLOWING SECTION:
NAME OF
GOVERNMENT
OFFICIAL
CONTRIBUTIONS GIFTS DATE OF
OF $250.00 OF $250.00 CONTRIBUTION
OR MORE OR MORE
IF YOU WISH TO SPEAK CONCERNING THE ATTACHED REZONING APPLICATION,
THIS FORM MUST BE FILED WITH THE ZONING ADMINISTRATOR FIVE (5) DAYS
PRIOR TO PLANNING COMMISSION MEETING IF CAMPAIGN CONTRIBUTIONS OR
GIFTS IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE
PLANNING COMMISSION OR MAYOR AND COUNCIL.
Signature &d w4A-
Printed
Name
Brent Watts
Date August 31, 2017
15 Meddin Drive -- Narrative
Overview
15 Meddin Drive is a 1.35 acre site with a historic building located on Tybee Island, Georgia. The
approximately 8,868 square foot building was built in 1910 as barracks serving the soldiers stationed at
the Fort Screven Military Base. The building possesses large front and rear porches and a basement. On
the interior, the former barrack is in the process of being rebuilt and restored to its former glory. The
building has been gutted down to the studs on the interior. The first floor retains its original heart pine
floors as well as many other original features including doors and moldings. The current owners of the
property have completed 90% of the construction on the first floor of the building, which has been
transitioned to 3 apartment units. A fourth unit has been contemplated, but is not finished, on the first
floor. The second floor is currently vacant and will be converted to three additional apartment units.
Once complete, the building will feature 7 apartment units to be utilized as short-term vacation rentals.
Construction plan
For the exterior of the barrack, petitioner intends to preserve the existing original slate roof. Gutters
and flashing will be replaced and repaired as needed. Petitioner will preserve and restore the existing
cypress lap wood siding, replacing only those portions in need of repair. All siding will be professionally
scraped, caulked, sealed, and painted. Unfortunately, it is estimated that 40% of the tongue and groove
porch floor material will need to be replaced. Over time, property owners remodeled the barracks and
enclosed the 2"d story porch. Petitioner will restore the porch and reopen the barrack's upper-level
porches.
The first floor will be set up as 4 separate apartment units. Each apartment will contain 2 bedrooms and
1 bathroom. The current owner has installed new insulation, sheet rock, electrical wiring and service,
plumbing, and duct work for HVAC in 3 of the 4 units. Petitioner will paint all interior walls and ceilings
in addition to staining all floors. Petitioner will install new kitchen appliances and cabinets. For the
unfinished unit on the 1t floor, petitioner will complete necessary construction.
A common area will be created in the middle of the first floor, which will have a full bathroom. The
original stair case is currently sealed. Petitioner will rehabilitate and restore the original staircase to
provide access to the second story. The second floor is currently completely open to the studs.
Petitioner will build -out four apartments, similar to those found on the first story. Petitioner will
preserve, repair, and restore as much original detailing and materials as possible.
Location
The property is located on a hill overlooking Jaycee Park. The elevation certificate shows the first floor
sits 15.5 feet above sea level, making this property one of the highest pieces of land on Tybee Island.
Petitioner will retain and preserve the 100 year, or older, live oak, palm, and magnolias which reside on
the property. Petitioner will re -landscape the property. Originally, another barrack was located on the
property. All that remains of the other barrack are the steps and chimney. Currently, the driveway
consists of a combination of dirt and concrete. Petitioner intends to remove all cracked concrete and
1242708-1 22235.1
replace the length of the driveway with white crusher run gravel, as is common Tybee. The use of such
material will allow for drainage and reduce runoff.
Request
Petitioner requests a rezoning from the R-1 district to the R -T district. The R -T district will allow for the
creation of more than two apartment units on the site. Petitioner will solely make interior changes to
barracks, while restoring the exterior to its historical design. As such, a site plan is not currently
required. See Sec. 4-050(D).
Historic Tax Credits
Petitioner intends to seek historic tax credits in conjunction with the restoration, rehabilitation, and
preservation of this historic property.
Section 5-110
To the best of Petitioner's knowledge the proposed rezoning will: not create a district unrelated to
adjacent and nearby districts; not increase or overtax public facilities; be reasonable; not adversely
influence existing conditions on the neighborhood or City of Tybee; not negatively impact the
environment; not impact the costs required of the public in providing, improving or maintaining public
utilities, schools, streets, and public safety necessities when considering the proposed changes; not be
detrimental to the value or improvement or development of adjacent or nearby property owners in
accordance with existing requirements; not be out of scale with the needs of the neighborhood or the
entire City; not constitute a grant of special privilege to the owner as contrasted with the adjacent or
nearby neighborhood or with the general public; be consistent with the current city master plan and
other local planning efforts.
Exhibits
Attached to this narrative for consideration are the following:
(1) SAGIS Map demonstrating the location and acreage of the property;
(2) Aerial photograph of the property;
(3) Historical elevation and interior plan for the original barrack;
(4) Comparison to Fort Baker restoration in San Francisco, California;
(5) Description of the property from previous sales notice;
(6) United States War Department documentation on the Fort Screven barracks;
(7) Two historical photographs of the barrack's facade;
(8) Conceptual plans for renovation of existing apartments;
(9) Photograph of completed renovation of similar barrack in Fort Baker, California;
(10) Property Record Card.
1242708-1 22235.1
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