HomeMy Public PortalAbout20171113 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
November 13, 2017 — 7:00 p.m.
For City Council Meeting December 14, 2017 — 7: 00 p. m.
B. Consideration of Minutes:
1. Minutes of September 18, 2017
C. Disclosures/Recusals:
D. Old Business:
E. New Business:
CITY ATTORNEY
Edward M. Hughes
1. Minor Subdivision: Subdivide one lot into two lots -38 Solomon Ave.—Zone R -1 -B -Sharon H. Akers
-4-0002-16-018.
2. Site Plan Approval and Parking Variance: Tybee Island Marine Science Foundation -37 Meddin
Dr. on North Beach—Zone R-1/North End Cultural Overlay—Maria Procopio- 0001-03-013.
F. Standing Agenda Item:
1. MPIC — Up date
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
September 18, 2017
CITY MANAGER
Shawn Gillen
COMMUNITY DEVELOPMENT
DIRECTOR
George Shaw
CITY ATTORNEY
Edward M. Hughes
Chair Bishop called the September 18, 2017 Tybee Island Planning Commission
meeting to order. Commissioners present were John King, Charles Matlock, David
McNaughton, Tina Gann and Ron Bossick.
Disclosures/ Recusa Is:
Chair Bishop asked if there were any disclosures or recusals, there were none.
New Business:
Variance: Reduce front and side yard setbacks — Jane Fishman & Carmela
Aliffi — Zone R -1B - PIN 4-0002-03-012. George Shaw approached the
Commission and stated the petitioners are interested in purchasing a lot at the corner
of Wilson and Naylor which is an undersized lot, 50 x 50. The setbacks are 20' front,
10' side and 20' in the rear. There are also two large trees the petitioner would like to
save while building a residence but need a variance for the front and side setbacks.
Staff feels the trees are of value and recommends approve of the request.
Commissioner Bossick made reference to the Arborist comments. Mr. Shaw explained
the current owner applied for a variance in 2008 and was approved and due to
unknown circumstances, never built on the property. Commissioner Matlock asked Mr.
Shaw if the adjoining property owners were notified of the request and was there
feedback. Mr. Shaw stated the proper notification was done and no feedback has been
received. He also explained he needs to get clarification of the exact number of feet
the petitioner is requesting. Chair Bishop stated the lot has been vacant for some time
and this is a great opportunity to move forward even with a variance request. Thomas
Lee, 7 Naylor Avenue, approached the Commission and asked for clarification of
setbacks. Mr. Shaw responded a variance would not be needed on that side, Naylor, as
there is a large tree in the way. Chair Bishop confirmed the setback of 10' would be
maintained on the side of Mr. Lee's property that adjoins the petitioner's. Carmela
Aliffi approached the Commission and stated it is their desire not to take down any
trees of the property and would ask the Commission approve their request.
Commissioner McNaughton asked for an explanation of the flags that were on the
property as that would indicate a much smaller house than what is shown in the packet.
P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 — FAX (866) 786-5737
www.cityoftybee.org
Ms. Aliffi indicated the proposed residence will be more of a 1 1/2 story residence rather
than one story. Commissioner Matlock made a motion to accept as requested.
Commissioner Gann seconded. Voting in favor were Commissioners Gann, Bossick,
King and Matlock. Voting against was Commissioner McNaughton. Motion to accept, 4-
1.
Map Amendment: Rezone parcel from R-1 to R -T — 15 Meddin — 76 Meddin
LLC — Zone R-1 — PIN 4-0002-12-020. George Shaw approached the
Commission and stated this is a 1.34 acre parcel and formally housed two large
barracks from Fort Screven. One is nothing more than a foundation and the other still
exists. The current layout is three apartments, in the R-1 District, and has been used
as apartments as far back as can be traced so therefore it is a non -conforming multi-
family three units and the unit number cannot be increased without a rezoning. Mr.
Shaw stated the applicant proposes to renovate the building to historic standards,
seeking historic tax benefits. The desire of the petitioner is to rezone to R -T,
Residential Tourist, which allows for multi -family with special review and asking for
eight units in the building and possibility of adding another building. There is ample
room for parking and a possible pool. Due to the size and state of the building, he does
not believe the property would never be used for a single home. Staff therefore
recommends approval to R -T to save the building. Commissioner Gann asked if this
would be long term rental. Ms. Shaw responded previously it was long term rental but
currently in a state of construction. There was a discussion regarding the height of the
building and it was determined the building might exceed 35'. Commissioner Bossick
asked Mr. Shaw if the alleyway was the only access to the property. Mr. Shaw
confirmed. Commissioner Gann asked if the property has been purchased or is there a
contingency. Mr. Shaw stated he does not know. Chair Bishop asked if the proposed
construction is in compliance with all historic guidelines. Mr. Shaw responded if the
petitioner wants the tax credits there are strict guidelines by the Georgia Historical
Society that must be followed as the City does not have guidelines. The exterior would
retain the look from 100 years ago but the interior completely different. Josh Yellen
and Brent Watts approached the Commission. Mr. Yellen stated the petitioner will be
seeking to start tax credits for the property and will be preserving all the 100 year old
trees that are on the property and restore the property back to the grandeur of the
past. Commissioner McNaughton asked the cost of the repairs and does the petitioner
have financial backing. Mr. Watts responded the estimated cost is approximately $1.5M
and he does have financial backing. Chair Bishop asked if the pictures in the packet
before them tonight were an actual representation of the proposed renovation. Mr.
Watts confirmed. He stated he is working both with the Georgia State Preservation
Office and the National Park Service, one being State and one being National.
Commissioner Gann asked if this could become long term rental rather than short term.
Mr. Watts stated it is not financial feasible for long term rentals. Commissioner Bossick
asked for clarification of the access way, still being an alley. Mr. Yellen confirmed.
Mark Nathan, 17 Meddin, approached the Commission to speak against this request
due to the egress and ingress. He recommended the petitioner develop another
P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 — FAX (866) 786-5737
www.cityoftybee.org
easement for access. Commissioner Gann asked if Mr. Nathan would be just as
opposed if this were a long term rental rather than short term rental. Mr. Nathan
stated he would be less opposed but there still exists the problem of access. Carol
Nathan, 17 Meddin, approached the Commission to speak against this request. She
stated she would not be as opposed if this property were a long term rental. Charlie
Cole, 17-A Meddin, approached the Commission to speak against this request. Mr.
Cole made reference to the limited access to the property and would ask the
Commission not to grant this request. Chair Bishop thanked Mr. Cole. Commissioner
McNaughton made reference to the owner using the building as a warehouse. Mr.
Shaw responded Staff will speak with the owner regarding that issue. Commissioner
McNaughton then asked if the zoning were changed to R -T, what could be built on the
property. Mr. Shaw stated multi -family and whatever else could be land planned but
could not be used as a hotel. Chair Bishop made reference to the change in zoning. If
approved would the petition have to come back for Site Plan Approval. Mr. Shaw stated
if the petitioner just wants to restore the existing building, the petitioner would not be
required to come before the Planning Commission. If the petitioner wants to go beyond
that, change the site, add buildings, and/or pool, they would. As the footprint exists
today there would not be additional requirements as it would be a residential structure.
Mr. Shaw stated the petitioner can renovate the structure with the zoning change and
go forward but any other changes to the property would have to come back for Site
Plan Review. Chair Bishop asked if the fire department equipment can get to the
property. Mr. Shaw confirmed. Additional comments were made by Mr. Cole
regarding the access to the property. Josh Yellen approached the Commission and
clarified the outlay of the lane is 13.5' wide. He stated it is not the intent of the
petitioner to make the property a hotel. His client is trying to improve the property and
would ask for approval. Commissioner King expressed his concerns with the ingress
and egress. Commissioner McNaughton asked if conditions could be added to the
motion. Mr. Shaw confirmed but will check with the attorney. Commissioner Gann
stated she is in favor of saving the structure but has concerns with the future
development of the property. There was a discussion regarding conditions of a motion.
Chair Bishop recommended a motion include stipulations. Commissioner Gann asked if
after the zoning was changed, a B&B could exist on the property. Mr. Shaw responded
only after Special Review, Public Zoning. Commissioner McNaughton made a
motion the rezoning from R-1 to R -T be approved with the conditions that include the
developers obtain a second ingress/egress to the property and the development be
converted historically to use as a B&B only. Discussion: Commissioner Bossick
restated his concerns as the capacity of this Island and look at the Infrastructure there
is an option for the building which would be a B&B but appreciates the comments
regarding the number of units. When the area is rezoned, you have rezoned 1.34
acres. Commissioner Bossick expressed his concerns with the current state of the
building. Being not second to the motion, motion fails. Commissioner
Bossick made a motion to deny the rezoning request from R-1 to R -T.
Commissioner Gann seconded. Voting in favor were Commissioners Gann, Bossick,
P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 — FAX (866) 786-5737
www.cityoftybee.org
King and Matlock. Voting against was Commissioner McNaughton. Motion to deny
confirmed. Motion to deny carried 4-1.
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. Mr. Shaw approached the Commission. He explained this is a mixed use
building, has two residential units on the second floor, and commercial on the bottom
floor. The application is requesting to add a pool to the back of the building and
rearrange the parking. Mr. Shaw stated he has concerns: (1) one of the commercial
units on the bottom floor is storage and there is no parking requirement for storage and
(2) in the marsh buffer, all trees and plants are no longer on site. A tree permit was
granted but the plants are also gone to include ground cover. Staff does not
recommend approval due to stated concerns. Commissioner McNaughton asked if the
pool is an attraction. Mr. Shaw responded no, it is for the two apartment units.
Commissioner Gann confirmed that this is a residential pool. Mr. Shaw confirmed.
Commission Bossick confirmed this is a C-2 designation for the building and asked if the
owner will charge for the use of the pool. Mr. Shaw stated that would be a question for
the petitioner. Chair Bishop confirmed with Mr. Shaw the proposed pool is allowable.
Mr. Shaw responded it would be a detached accessory structure and is allowable and
does not meet the requirement for parking spaces. Chair Bishop confirmed there exists
a disregarding of the ground cover issue; disregarding of the marsh buffer by 100%;
and the placement of the gravel. Mr. Shaw confirmed. Mr. Shaw made reference to
Sec 3-090.1, Sec C-2, Exemption #H, which refers to pruning shrubbery. Commissioner
Bossick confirmed the parking would be of the 90 degree and not parallel, the front
portion of the building. He made reference to the bike rack as it can replace a standard
parking and the standard parking would not be 8', it would be 9', which would push the
ADA parking into the ramp area. Mr. Shaw confirmed but feels the bike rack space
does not have to be 9'. Commissioner Matlock asked Mr. Shaw's recommendation
regarding the number of parking spaces. Mr. Shaw responded he would recommend
one additional parking space. Walt Freeman, 129 Lewis Avenue, approached the
Commission and gave a history of the trees, bushes and gravel placement. Mr.
Freeman stated they might have pushed the gravel back 2' passed where it previously
was on the back of the property but left room to finish putting vegetation there. He
continued stating the pool would help stabilize the long term rentals with the property.
Mr. Freeman made reference to the parking issues, he felt at the time of submission of
the Review; he had Staff's approval as they have met all parking requirements. He also
does not feel the lower level storage space being commercially leased space and feels
parking requirements have been met. Commissioner Bossick made reference to the
proposed pool and asked for confirmation the pool would be just for the long term
rentals and his personal use. Mr. Freeman confirmed at this present time and he
explained his future plans for the property. Commissioner Bossick explained his
concerns with the parking and decking of the pool if it were to become a 'oto pay
venue". Mr. Freeman confirmed the pool will stabilize his ability to have vacation
rentals in the two properties upstairs. He also confirmed appropriate vegetation will be
P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 — FAX (866) 786-5737
www.cityoftybee.org
added with developing of the property. Commissioner Gann asked how large the
proposed pool is. Mr. Freeman responded the width is 13' wide and 85' long and the
interior under the building is 8'. He again confirmed this would not be a "to pay venue"
as this is a building block for the future but for right how he would like to build a pool,
13'x85'. Commissioner Gann expressed her concerns with the size of the proposed
pool. Mr. Freeman again confirmed this would not be a "to pay venue" at this time but
if it were to be in the future, additional requirements would have to be met such as
parking. Mark Boswell, 103 Nassau Drive, approached the Commission. Mr.
Boswell stated the upstairs units are now office as the plans are to gut the top and
make residential and the pool is just for the renters of those two units. The reasoning
behind the pool being 13'x85' is the fire department needs a minimum 75' of length for
them to use for training. Mr. Boswell confirmed that the actual pool length is 76'. The
engineer working with him felt they had met the parking calculations by Tybee
ordinance. He did understand Mr. Shaw had issues. Mr. Boswell stated it is his opinion
the parking requirements have been met. It was asked of Mr. Boswell if he could find
one more parking space. Mr. Boswell stated in the affirmative but Tybee's Review
Engineer does not want him to find a space. He will work with him. Chair Bishop asked
Mr. Bowell to explain the line of disturbance as it looks as though it goes through the
middle of the pool. Mr. Boswell approached Chair Bishop to clarify. Chair Bishop
confirmed the disturbance line does not have an impact on the buffer. Commissioner
Bossick confirmed the area where gravel is will be returned to its natural state. Mr.
Shaw stated the buffer is to be natural. Commissioner McNaughton asked if the gravel
is to be removed. Mr. Freeman confirmed the gravel will be removed. Mr. Shaw stated
in reference to the parking issue, if there is a way to prohibit the now storage area to
be leased space this would solve the parking issue. Commissioner King asked, in the
future, keeping the same footprint, if the petitioner turned the storage area into
another use, would they have to come back with another Site Plan. Mr. Shaw
confirmed as the parking requirements would change. Commission Matlock made a
motion to approve contingent upon adding one additional parking space; remove the
existing over gravel in the protected area; and ensure all greenspace requirements are
met. Commission McNaughton seconded the motion. Voting in favor of the
motion to approve were Commissioners McNaughton, King and Matlock. Voting against
were Commissioner Gann and Bossick. Motion to approve carried, 3-2.
Commissioner Bossick made a motion to adjourn. Commissioner McNaughton
seconded. Vote was unanimous to adjourn, 5-0. Meeting adjourned.
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
STAFF REPORT
PLANNING COMMISSION MEETING: November 13, 2017
CITY COUNCIL MEETING: December 14, 2017
LOCATION: 38 Solomon Ave. PIN: 4-0002-16-018
APPLICANT: Sharon Akers OWNER: Sharon & Russell Akers
EXISTING USE: Two single family dwellings PROPOSED USE: Single family dwellings
ZONING: R-113 USE PERMITTED BY RIGHT: Yes
COMMUNITY CHARACTER MAP: Ft. Screven Historic District
APPLICATION: Minor subdivision plat approval (Sec. 5-140)
PROPOSAL: The applicant is requesting minor subdivision approval for a two lot subdivision off of Solomon and
Bright Streets. Each lot will have public road frontage.
ANALYSIS: This subdivision would create two lots of a size that meet the requirements of the R -I B zoning
district. The will both have sufficient access and be served by City water and sewer service. Each proposed lot
already has a home on it.
The Fort Screven Historic District includes Officers Row and all of Ft. Screven, which represents
significant historic, cultural and natural resources. Varied uses include new, larger scale development,
traditional cottages, townhomes/condominiums, public uses/parks, historic sites, narrow streets, street
trees, public parking. Zoning includes R-1, R-2, R -T, R-1/NEC, P -C, and PUD.
STAFF FINDING
This subdivision plat meets all requirements for a minor subdivision.
This Staff Report was prepared by George Shaw.
1
Comprehensive Plan — Community Character Area
The Ft. Screven Historic District
Recommended Development Strategies
Meets
Strategy
YIN or N/A
1.
Establish standards and guidelines for signage
N/A
2.
Provide signage for landmarks and historic businesses
N/A
3.
Preserve and restore historic structures whenever possible
N/A
4.
Provide appropriate incentives for historic restoration projects
N/A
5.
Ensure continued preservation of old growth trees, parks, and greens ace
Y
6.
Support an improved bicycle and pedestrian environment with connected facilities
N/A
7.
Consider adoption of architectural standards for historic structures
N/A
STAFF FINDING
This subdivision plat meets all requirements for a minor subdivision.
This Staff Report was prepared by George Shaw.
1
ATTACHMENTS
A. Subdivision application (5 pages)
B. Survey (1 page)
C. SAGiS map (i page)
CITY OF TYBEE ISLAND Fee
SUBDIVISION OF LAND APPLICATION- -major Subdivision $500
Minor Subdivision $125
Applicant's Name ('7 ke Z
Address and location of subject property u
PIN�� Applicant's Telephone Number _ 91� - -2,(�(d
Applicant's Mailing Address AL
Brief description of the land development activity and use of the land thereafter to take place on the property:
Property Owner's Name , 1 S Lc Telephone Number
Property Owners Address
V �
Is Applicant the Property Owner? Yes No G-
y
1
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 Current Use
Names and addresses of all adjacent property owners are attached: Yes
If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the
Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of
Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant
must disclose the following:
a. The name of the local government official to whom the campaign contribution or gift was made;
b. The dollar amount of each campaign contribution made by the applicant to the local government
official during the two (2) years immediately preceding the filing of the application for this zoning
action, and the date of each contribution;
c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to
the local government official during the two (2) years immediately preceding the filing of the
application for this zoning action.
Disclosure of Campaign Contributions fgrm attached: V Yes
Signature of Applicant
-S-17
Date
NOTE: Other specific data is required for each type of Subdivision of Land.
-------------------------------------------
-------------------------------------------
Fee Amount $ �� Check Number C fyf Date 117
City Official
NOTE: This application must be accompanied by the following information:
1 copy to scale, no smaller than 11 x 17, of the proposed subdivision with the building setback lines,
Nh 4 copies to scale, no smaller than 24 x 36, of the engineered drainage and infrastructure plan.
Nh The name(s) of all proposed new street(s) or private drive(s).
/V ly 1 copy, no smaller than 11 x 17, of the existing tree survey and tree removal plan.
The Planning Commission may require elevations or other engineering drawings covering the proposed
subdivision.
The Mayor and Council will not act upon a subdivision until the drainage and infrastructure plan has met the
approval of the City's engineering consultant.
The Applicant certifies that he/she has read the requirements for Major/Minor Subdivision and has provided
the required information to the best of his/her ability in a truthful and honest manner.
All new lots established within subdivisions shall conform to the lot area as set forth in the general provisions
for each zoning district and the lot width shall be a minimum of 60 feet at the building line.
r—Z2
Signat e*Ipplri�cant Date
10122/2013
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 CONTRIBUTIONS GIFTS DATE OF
GOVERNMENT OF $250.00 OF $250.00 CONTRIBUTION
OFFICIAL 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 �4�-�/t r
Printed Name '5 r 1 H'2 @ fL) 9, ' �2
Date
Chatham County Board of Assessors: 2017 Property Record Card 4-... http://boa.chathamcounty.org(DesktopModules/ChathamCounty/Boar...
2017 Chatham County Board of Assessors
Property Record Card
APPRAISER MWTHOMAS LOTS 4.20 & PT OF LOTS 3, 19, 21 &22 CAMPBELL SUB FORT WD TYBEE
LAST 1NSP 071D5/2016 SMB 41 S 68
APPR 000008
ZONE
SALES BOOK/ INS VI OU RSN PRICE
PAGE
23 Apr 1993 159P 0415 WD V Q 07 70,000
GRANTOR. -LOWER BAYST PROPERTfES
GRANTEE.-AKERS S RUSSELL & SHARON
PERMITS TYPE DATE AMOUNT
090513 SF 02 Feb 2011 Comp 150,000
09-0513 CO 02 Feb 2011 Comp NaN
COMMENTS:
LAND
15 Apr 2010
TY10 AOS ENT S. RUSSELL &
USE
SHARON
23 Mar 2005
TY05 10S ENT 3/22!05 APW
04 Mar 2005
2005 NEW PIN; COMBINATION
2015
OF 4-2-16-1, 4-2-16-13 &
EXEMPTIONS
4-2-16- 14 PER OWNERS
Cama
REQUEST 3/4105 NJV
4-0002-16-018
38 SOLOMON AVE TYBEE ISLAND
ARUSST--
KERSSASMT
SHAR2113,200 LAND 1
38 SOLOMO403,100 BLDG 2
TYBEE ISLAND GA 400 OBXF 1
616,700 616,700 Cost -
MS
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GAGIG
EXTRA FEATURES
IDN BLDG N SYSTEM DESC DIM 1 DIM 2 UNITS OL UNIT PRICE
136388 84361 MISC BUILD, AV 10 12 120.00 A 15.05
LAND
IDN USE DESC
108432 SINGLE FAMILY RES
CODES
LAND
PROPERTY
0006 RESIDENTIAL
USE
2016
UTA
0004 Tybee Island
NBHD
020270.00 T270 TYBEE
2015
SCREVEN
EXEMPTIONS
Li L9 51 L8 SC
HISTORY
LAND
IMPR
TOTAL
2016
213,200
399,200
612,400
Cama
2015
211,500
320,000
531,500
Cama
2014
211,500
259,800
471,300
Cama
2013
211,500
254,900
466,400
Cama
2012
238,400
247,100
485,500
Cama
2011
313,200
170,600
483,800
Cama
2010
444,100
59,900
504,000
Cama
2009
444,000
124,500
568,500
Over
2008
444,000
124,500
568,500
Cama
2007
444,000
123,000
567,000
Cama
2006
599,000
85,000
684,000
Cama
2005
181,500
123,000
304,500
Cama
RCN AYB EYB DT ECON FUNC SP SP% RCNLD MKT VALUE
1,806 1990 1990 2R 361 400
FRONT DEPTH UNITS / TYPE PRICE ZONING LCTN TOPO OTHER ADJ1 ADJ2 ADJ3 ADJ4 MKT VALUE
0 0 1.00 -LT _ 125400.00 R1 SZ70 213200
A 3
http://boa.chathameounty.org/DesktopModules/ChEtthamCounty/Boar---
,hatham County Board of Assessors: 2017 Property Record Card 4
2017 Chatham County Board of Assessors
Property Record Card
BUILDING SECTION CONSTRUCTION TYPE RCN AY13 EYB DFP TYPE P
iOB609.1-2017 Residential 162,745 2010 MS 5
... .... - ---------------------------- - ----------------------------------------------
24'
T,n&wy SPO
Is. Is -
24'
-
------------------------------------------------- I— ---------- I—— ------------ - ------- - -- - -- - -----
[Click for larger picture]
4-0002-16-018
38 SOLOMON AVE TYBEE ISLAND
SECTION TYPE
I - Main
AREA
912
TYPE
I - Single-family Residence
FRAME
I - Stud Frame
STYLE
1 - One Story
QUALITY
4.00
CONDITION
3.00
# UNITS
0
# OF BEDS i BATHS
1/1.10
COMPONENTS
Units
% QUAL
R1
los Frame, Siding, Wood
100.00
R2
213 Metal, Formed Seams
100.00
R3
352 Heat Pump
100.()o
R4
402 Automatic Floor Cover Allowance
R5
502 Automatic Appliance Allowance
R6
601 Plumbing Fixtures (#)
7.00
Rfi
602 Plumbing Rough -ins
1.00
R6
622 Raised Subfloor (% or SF)
100.00
R7
711 Built-in Garage (SF)
912.00
1311
901 Open Slab Porch (SF)
144.00
R11
907 Enclosed Porch (SF), Screened Walls
864.00
R11
907 Enclosed Porch (SF), Screened Walls
144.00
1wn,;i,)nl-7 -241-1 LA4
Chatham County Board of Assessors: 2017 Property Record Card 4-...
2017 Chatham County Board of Assessors
Property Record Card
http:/Iboa-ch athamcounty.org/DesktopModules/ChathamCounty/Boar...
4-0002-16-018
38 SOLOMON AVE TYBEE ISLAND
BUILDING SECTION CONSTRUCTION TYPE RCN AYB EYB DEP TYPE PHYS ECON FUNC OBSV / % TOTAL DEP % RCNLD U.FACTOR MKT VAL
84361-1-2017 Residential 108,564 1900 1990 MS 29.00 0.00 0.00 0.00 29.00 77,080 134,100
----------------------------------------------- ------ ------- ------------
12' SECTION TYPE 1 - Main
AREA 1260
1 r 1 17' TYPE 1 - Single-family residence
FRAME
age 1 - Stud Frame
�rl-M Parch Sctwnrd W s STYLE
136 5 - 1 1!2 Story Finished
1
}3 t7 GUALITY 3.00
CONDITION 3.00
# UNITS 0
# OF BEDS 1 BATHS 2/1,00
Igo
loa0
7' 0907
Eoc -d Porch SCM.1d Walls
^3u0
...................................................................................... -------------- ---------------------
[Click
.-- ----------------
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MB 10*12
of I
COMPONENTS
Units %
R1
108 Frame, Siding, Wood
100.00
R2
214 Metal, Preformed
100.00
R3
352 Heat Pump
100.00
R4
402 Automatic Floor Cover Allowance
R6
601 Plumbing Fixtures (#)
5.00
R6
602 Plumbing Rough -ins (#)
1.00
R6
622 Raised Subfloor (% or SF)
100.00
R6
642 Single 2 -Story Fireplace (#)
1.00
R11
907 Enclosed Porch (SF), Screened Walls
210.00
R11
907 Enclosed Porch (SF), Screened Walls
136.00
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STAFF REPORT
PLANNING COMMISSION MEETING: November 13, 2017
f� CITY COUNCIL MEETING: December 14, 2017
LOCATION: North of North Beach parking lot
APPLICANT: Tybee Island Marine Science Foundation OWNER: City of Tybee Island
EXISTING USE: None
PROPOSED USE: Marine Science Center
ZONING: R-1/NEC USE PERMITTED BY RIGHT: Yes
COMMUNITY CHARACTER MAP: Ft. Screven Historic District
APPLICATION: Site Plan Approval and parking variance.
PROPOSAL: The applicant is requesting to site plan approval for the relocation and expansion of the Tybee Island
Marine Science Center
ANALYSIS: This is a by right use in the R-l/NEC zoning district. This district specifically allows cultural,
educational and historic facilities. It is also a noted use in the Ft. Screven Historic District. The parking variance is
only required because the 25 required parking spaces do not fit on the parcel. It abuts the current North Beach
parking lot and most Marine Science Center visitors will use that lot. The current Marine Science Center does not
have dedicated parking either. The City of Tybee Island owns the land and will own the building.
The Fort Screven Historic District includes Officers Row and all of Ft. Screven, which represents
significant historic, cultural and natural resources. Varied uses include new, larger scale development,
traditional cottages, townhomes/condominiums, public uses/parks, historic sites, narrow streets, street
trees, public parking. Zoning includes R-1, R-2, R -T, R-1/NEC, P -C, and PUD.
STAFF FINDING
Comprehensive Plan — Community Character Area
The Ft. Screven Historic District
Recommended Development Strategies
Meets
Strategy
YIN or N/A
1.
Establish standards and guidelines for signage
N/A
2.
Provide signage for landmarks and historic businesses
N/A
3.
Preserve and restore historic structures whenever possible
N/A
4.
Provide appropriate incentives for historic restoration projects
N/A
5.
Ensure continued preservation of old growth trees, parks, and greenspace
N/A
b.
Support an improved bicycle and pedestrian environment with connected facilities
N/A
7.
Consider adoption of architectural standards for historic structures
N/A
STAFF FINDING
Staff finds this use to be in keeping with surrounding uses such as the lighthouse and museum. It will offer the
Marine Science Center room to grow and educate more visitors to the island. The parking needs can be handled by
the existing North Beach parking lot. Staff recommends approval.
ATTACHMENTS
A. Site plan application
B. Site plan
C. Elevations
D. Survey
0
This Staff Report was prepared by George Shaw,
CITY OF TYBEE ISLAND
SITE PLAN APPROVAL APPLICATION
Applicant's Name: Tybee Island Marine Science Foundation
Address and location of subject property: 37 Meddin Drive on the North Beach
PIN: 4-0001-13-008 Applicant's Telephone Number: 912-786-5917
Applicant's Mailing Address: PO Box 1879, Tybee Island, GA 31328
Site Plan Fee
Commercial $500
Residential $250
Variance Fee
Commercial $500
Residential $200
Brief description of the land development activity and use of the land thereafter to take place on the property:
Construction of the Tybee Island Marine Science Center, a nonprofit that provides cultural, educational, and recreational
programming/exhibits related to beach and marine life.
Property Owner's Name: City of Tybee Island
Telephone Number 912-786-4573
Property Owner's Address: 403 Butler Avenue, Tybee Island, GA 31328
Is Applicant the Property Owner? No
If Applicant is the Property Owner, Proof of Ownership is attached: NA
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, see lease dated May 8, 2014
Current Zoning of Property: R-1/North End Cultural Overlay Current Use: Parking
Names and addresses of all adjacent property owners are attached: Yes
David and Martha Makel
41 Meddin Drive
Tybee Island, GA 31328
434-996-7172
William Fleetwood
PO Box 175
Tybee Island, GA 31328
912-786-8463
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.
NOTE: Other specific data is required for each type of Site Plan Approval with Variance.
Signature of Applicant Date: 10-25-2017
Maria Procopio, executive director
Fee Amount: waived per city manager
City Official:
Shawn Gillen, city manager
NOTE: This application must be accompanied by additional documentation, including drawings that include or
illustrate the information outlined below.
3 copies, no smaller than 24 x 36, of the engineered drainage and infrastructure plan.
1 copy, no smaller than 11 x 17, of the existing tree survey and the tree removal and landscaping
plan.
Disclosure of Campaign Contributions
Site plan and/or architectural rendering of the proposed development depicting the location of lot
restrictions. 1 copy, no smaller than 11 x 17, of the proposed site plan and architectural
renderings. Section 5-040 (D)(1)
A survey of the property signed and stamped by a State of Georgia certified land surveyor.
Section 5-040 (D)(2)
Provide attachments illustrating conditions on the subject and surrounding properties indicating
that there are unique physical circumstances or conditions including:
irregularity,
narrowness, or,
shallowness of the lot size or shape, or,
exceptional topographical or other physical conditions peculiar to the particular property
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. Sections 5-090 (A)(1) and 5-090 (A)(2).
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.
Section 5-090 (B)
The Planning Commission may require elevations or other engineering or architectural drawings covering the
proposed development.
The Mayor and Council will not act upon a zoning decision that requires a site plan until the site plan has met
the approval of the City's engineering consultant. (Note: Section 5-080 (A) requires, "Once the engineer has
submitted comments to the zoning administrator, a public hearing shall be scheduled.")
The Applicant certifies that he/she has read the requirements for Site Plan Approval with Variance and has
provided the required information to the best of his/her ability in a truthful and honest manner.
Signature of Applicant Date: 10-25-2017
Maria Procopio, executive director
LAW OFFICES
CALLAWAY, BRAUN, RIDDLE & HUGHES P.C.
A PROFESSIONAL CORPORATION
TIMOTHY F. CALLAWAY, III 301 WEST CONGRESS STREET REPLY TO:
DANA F. BRAUN SAVANNAH, GEORGIA 31401 POST OFFICE BOX 9150
R. KRANNERT RIDDLE ------ SAVANNAH,GBORGIA31412
EDWARD M. HUGHES TELEPHONE (912) 238-2750
D. SCOTT PORCH, IV FACSIMILE (912) 238 2767
THOMAS E. BRANCH, III Voice Mail Extension - 108
E -Mail -Bhu hes brhlaw.com
May 9, 2014
VIA E-MAIL ONLY
maria(a tybeemarinescience.org
Ms. Maria Procopio
RE: Marine Science Center — North Beach Location
Our File No. 572.22849
Dear Maria:
At long last, I am attaching a scanned copy of the Addendum to Lease and the full Lease.
These are copies of fully executed documents.
I appreciate your cooperation and don't hesitate to call if you have questions. With
kindest regards, I am
Very truly yours,
Edward M. Hughes
EMH/md
Attachments
cc: Carson Penney, Esq., via email, oenney@huntermaclean.com
Ms. Debbie Kearney, via email, dakearney@gLnail.com
Ms. Diane Schleicher, via email, dschleicher a,cityoftybee.org
Ms. Jan LeViner, via email, ileviner@cityoftybee.org
STATE OF GEORGIA )
COUNTY OF CHATHAM )
ADDENDUM TO LEASE
THIS ADDENDUM TO LEASE ("Addendum") made and entered into this V day of
2014 by and between the CITY OF TYBEE ISLAND, GEORGIA
(here the "City") and the TYBEE ISLAND MARINE SCIENCE FOUNDATION, INC., a
Georgia non-profit corporation, d/b/a Tybee Island Marine Science Center (hereinafter "MSC"),
do hereby execute the following Addendum and show as follows:
WITNESSETH:
WHEREAS, the City and MSC have previously agreed upon a Lease for premises
described in the Lease and a copy of such Lease is attached hereto; and
WHEREAS, in order to establish a commencement date and the terns of the Lease, this
Addendum is appropriate; and
WHEREAS, the MSC has not occupied the property under this Lease prior to February
27, 2014, the date the Lease was approved by the Mayor and Council.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Notwithstanding the date of signature of the Lease, the commencement date of the
Lease for all purposes shall be February 27, 2014.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, as
of the day and year first written above.
(SIGNATURES TO FOLLOW
CITY OF
ISLAND, GEORGIA
Buelterrnan, Mayor
01
Attest:
Ja et LeViner, City Clerk W
Sworn to and subscribed before me,
this day of ,
2014.
Witness
Notary Public __ ..........,.._ DIANNE OTT0
Notary Public, Chatham County, GA
My Commission Expires November 6, 2414
APPROVED AS TO FORM:
Edward M. Hughes, Ci Attorney
Sworn to and subscribed before me,
this 6LL— -day of
2014.
Witness
0tay Public
572..22$49/Addendum to Lease 04.28.14
JERRlS A. BRYANT
Notary Public, Chatham County GA
My Cornmisslon Expires May 22. 2016
TYBEE ISLAND MARINE SCIENCE
FOUNDATION, INC.
Atte
2
"-k C-�, 1ol''_.. t =?r -e s
LEASE
THIS LEASE ("Lease") made and entered into as of 14r,,437 �2 �, 201 y and between CITY OF
TYBEE ISLAND, GEORGIA (hereinafter "City") and TYBEE ISLAND MARINE SCIENCE
FOUNDA'T'ION, INC., a Georgia Non -Profit Corporation, d/b/a Tybee Island Marine Science Center (hereinafter
"MSC"), upon the following terms and conditions:
RECITALS
WHEREAS, City and MSC desire that MSC lease certain property hereinafter described and develop a
marine science center ("the Center") for the purposes of providing cultural, educational, museum and recreational
programs and facilities related to beach and marine life, all as hereinafter provided;
WHEREAS, City is a municipal corporation under Georgia law authorized to provide recreational,
governmental, public health, and similar activities and facilities to citizens and is desirous of improving its
ability to do so; and
WHEREAS, MSC is a non-profit corporation engaged in providing educational and recreational
programs and facilities dealing primarily with beach and marine life, as well as environmental issues; and
WHEREAS, the City owns certain real property located in the north end of Tybee Island in the North
Beach parking lot (hereinafter the "Property" or the "Premises"); and
WHEREAS, the location of the Property is suitable for the construction of a municipal building to be
used for MSC purposes, including recreation, cultural and education; and
WHEREAS, in light of the volunteer services provided by MSC in the context of enhancing the
community of the City and tourism therein; and
WHEREAS, the City has the power and authority to dispose of or lease real property; and
WHEREAS, on March 18, 2003, the voters of Chatham County voted in favor of a Special Purpose
Local Option Sales Tax ("SPLOST") Referendum for which certain capital improvement projects as designated
in Attachment 4 of the SPLOST Resolution of The Board of Commissioners of Chatham County adopted on
February 14, 2003 ("SPLOST Resolution"); and
WHEREAS, the Center was and is one of the projects listed for the City in the Intergovernmental
Agreement for the Distribution of Special Purposes Sales and Use Tax Proceeds by the County to Municipalities
for Capital Outlay Projects, for General Obligation Debt, and Road, Street and Bridge Purposes by and among
Chatham County and eight municipalities of Chatham County, including the City ("Intergovernmental
Agreement"); and
WHEREAS, other capital improvement projects identified in the SPLOST Resolution and the
Intergovernmental Agreement are enumerated as cultural, recreational, and historic facilities along with projects
that will result in services to assist the health, safety, and welfare on a county -wide basis; and
WHEREAS, the parties have been pursuing the construction of the Center for many years and the leasing
of the Property and the Center by the City to MSC;
NOW, THEREFORE, in consideration of the premises hereof and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
herein:
ARTICLE I - DEFINITIONS
Unless the context otherwise specifies or requires, the following terms shall have the meanings specified
1.1 Base Rent. The term "Base Rent" shall mean the sum of Ten Dollars ($10.00) per calendar year
beginning in 2014.
1.2 Commencement Date. The term "Commencement Date" shall be as of , 201 .
1.3 Event of Default. The term "Event of Default" shall be as defined in Section 15.1.
1.4 Expiration Date. The term "Expiration Date" shall mean December 31, 2028, unless renewed
pursuant to Section 3.2.
1.5 City's Address For Notices. The term "City's Address for Notices" shall mean: CITY OF TYBEE
ISLAND, GEORGIA, P.O. Box 2749, Tybee Island, Georgia, 31328, Attention: Diane Schleicher,
City Manager, dschliecher@cityoftybee.org, with a copy to Edward M. Hughes, Esq., Callaway,
Braun, Riddle & Hughes, P.C., P.O. Box 9150, Savannah, Ga. 31412, bhughes@cbrhlaw.com (or
their respective successors).
1.6 Premises/Property. The term "Premises" or "Demised Premises" or "Leased Premises" or
"Property" shall mean that certain parcel of real property on the north end of Tybee Island in the
i
7 ! lot � T 4. T 1 .a 01 fh C'�� rii.i f�o..rrTio �.'1' ell 5 the
I Iy
North Beach parn'ing ave CI -L, vvee isI ", Fifa"lam c), ��isiu
property identified as Parcel 2 on the Plat of Lot 2367 of a Recombination of Portions of Lots 6 &
7, Block 8, A Portion of Lot 2 & All of Lot 3, Block 9 & Portions of Wrenwood Avenue & the
Former United States Coast Guard Property, Fort Screven Ward, Tybee Island, Georgia dated
F'�to-!�)- 2014 by Bert Barrett, Jr. Land Surveying, P.C. attached as Exhibit "A". Said Parcel 2
being an area of/5,1l3square feet.
1.7 MSC's Address For Notices. The term "MSC's Address for Notices" shall mean: TYBEE
ISLAND MARINE SCIENCE FOUNDATION, INC., PO Box 1879, Tybee Island ,Georgia,
31328 Attention: Executive Director, maria@tybeemarinescience.org, with a copy to: Carson
Penney and Harold Yellin, Hunter, Maclean, Exley and Dunn, P.C., 200 E. Saint Julian Street,
Savannah, GA 31401, cpenney@huntermaclean.com and hyellin@huntermaclean.com (or their
respective successors).
1.8 MSC's Permitted Uses. The term "MSC's Permitted Uses" shall mean the construction and
operation of the Center as a cultural, educational, museum and recreational facility, which shall
Page 2
include, but not be Iimited to, providing programs and undertaking projects related to beach and
marine life.
1.9 Transaction Closing Date. The term. "Transaction CIosing Date" shall mean the date this Lease is
fully executed by all parties.
1.10 Method of Notice. MSC and the City shall follow the method of providing notices to the other
party outlined in Section 19.1 of this Lease.
ARTICLE II - PREMISES
2.1 Lease of Premises. City hereby leases the Premises to MSC, and MSC hereby leases the Premises
from City, upon all of the terms, covenants and conditions contained in this Lease, subject to (i) any state of facts
an accurate survey of the Premises would show; (ii) any state of facts a personal inspection would show; (iii)
rights, easements and restrictions of record; and (iv) all present and future state or federal laws, orders and
regulations.
2.2 Acceptance of Premises. MSC acknowledges that City has not made any representation or
warranty with respect to the condition of the Premises or with respect to its suitability.or fitness for the conduct of
MSC's Permitted Use or for any other purpose, and MSC acknowledges that it is accepting the Premises "AS IS."
ARTICLE III - TERM
3.1 Terns. Unless sooner terminated as provided in this. Lease; the term of this Lease (the "Term" or
"Lease Term") shaIl be for the period commencingon the Commencement Date described in Section 1.2 of this
Lease and ending on the Expiration Date described in Section 1.4 of this Lease, and if renewed as per Section 3.2,
"Lease Term" as used in this Lease shall be deemed to include any and all Renewal Terms.
3.2 Renewal Terms.. If no Event. of -Default :(as hereinafter defined) shall have occurred and this
Lease shaII otherwise be in full farce and effect and so long as not. deemed as being beyond the authority of the
City to enter into a Lease for a period- exceeding fifteen .(l 5) years, MSC_ shall Have the right to extend the term
of this Lease for three (3) .additional periods of five (5) years each (each five 0). year terms hereinafter called a
"Renewal Term" and collectively called "The_ Renewal Terms"): by, delivering writteniotice for such renewal to
City at least ninety (90) days, but not more than three. hundred sixty (360) days, before the Initial Term or the
applicable Renewal Terni expires. If MSC exercises the foregoing rights to extend the term. of this Lease for one
or more Renewal Terms, all terms and provisions of this.Lease (other than `the Rei cWal.Term) shall remain in full
force and effect, except that the Expiration Date shall be the last day of the last month of the fifth (5th) year after
the expiration of the initial Term or the previous RenewaFT&M, as In the -event there exists an Event
of Default the foregoing right. or ability of MSC to extend the term shall be terminated and non -exercisable by
MSC.
ARTICLE IV - RENTAL; PAYMENT OF OPERA'T'ING -EXPENSES AND OTHER CHARGES
4.1 Base Rent. During the Lease Term, MSC -shall pay to City as rental for the Premises the Base
Rent in the manner described. in Section 1.1 City acknowledges receipt,_ as of the date -hereof, of advance payment
by MSC in the amount of $20 for the first two (2) calendar years of the Term, _i.e. calendar years 2014 and 2015.
Page:3
4.2 Expenses and Other Charges. MSC shall, during the Term of this Lease, as additional rent, pay
and discharge punctually, as and when the same shall become due and payable, and before any governmental
impositions and charges and obligations owed to governmental authorities of every bind and nature whatsoever,
extraordinary as well as ordinary and each and every installment thereof which shall or may during the Term of this
Lease be charged, levied, laid, assessed, imposed, become due and payable or liens upon, or for, or with respect to,
the Premises or any part thereof, the buildings and improvements appurtenances or equipment owned by MSC
thereon or therein or any part thereof, together with all interest and penalties thereon, under or by virtue of all
present or future laws, ordinances, requirements, orders, directives, rules or regulations of the federal, state, and
local governments whatsoever during the term of this Lease.
4.3 Payment. The Base Rent for years 3-15 ($10.00 per year) shall be paid on or before January 15th
of each calendar year.
4.4 Additional Rent. For purposes of this Lease, all amounts payable by MSC that inure to the benefit
of City pursuant to this Lease, whether or not denominated as such, (e.g. maintenance and repairs) shall constitute
additional rent hereunder. Such additional rent, together with the Base Rent, shall sometimes be referred to in this
Lease as "Rent."
AR'T'ICLE V — CONSTRUCTION OF IMPROVEMENTS AND TITLE
5.1 Construction of Improvements. MSC shall construct, or cause to be constructed, all buildings,
fixtures, equipment and components thereof, of every kind, including, all driveways, parking areas, landscaping,
sidewalks and all other areas of the Premises (the "Improvements") in accordance in accordance with plans and
specifications as approved by the City in writing and in compliance with all Applicable Laws (as hereinafter
defined).
5.2 Title to .Improvements. Title to all Improvements situated or erected on the Premises by MSC
shall remain solely in the City. Upon the expiration or earlier termination of this Lease, all of MSC's right and
interest in and to the Premises and the Improvements shall automatically and without notice vest in City and MSC
shall quit possession and occupancy and surrender the Premises and all Improvements thereon to City.
Notwithstanding the foregoing, title to any moveable furniture, equipment, inventory and other personal property
installed by MSC (including personal property which is uniquely the property of a marine science facility) and
located upon the Premises and which may be removed without damage to the Improvements and without impairing
its value shall remain in MSC provided that MSC removes the same within a reasonable period of time, not to
exceed thirty (30) days following the expiration or termination of this Lease. Subject to the foregoing sentence, all
fixtures attached to the Improvements are to remain and become the possession of the City.
ARTICLE VI - USE OF PREMISES
6.1 MSC's Permitted Use. MSC shall use the Premises only for MSC's Permitted Use as set forth in
Section 1.8 above and shall not use or permit the Premises to be used for any other purpose without the prior
written consent of City, which shall not be unreasonably withheld or delayed. MSC shall, at its sole cost and
expense, obtain all governmental licenses and permits required to allow MSC to conduct MSC's Permitted Uses.
City disclaims any warranty that the Premises are suitable for MSC's use and MSC acknowledges that it has had a
full opportunity to make its own determination in this regard.
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6.2 Compliance With Laws and Other Requirements.
(A) MSC shall cause the Premises to comply with all laws, ordinances, regulations and
directives of any governmental authority having jurisdiction, including without limitation, any certificate of
occupancy and any law, ordinance, regulation, covenant, condition or restriction affecting the Premises
which in the future may become applicable to the Premises (collectively "Applicable Laws").
(B) MSC shall not use the Premises, or permit the Premises to be used in any manner
which violates any Applicable Law.
6.3 Hazardous Materials.
(A) From and after the date of this Lease, MSC shall not cause or permit any "Hazardous
Materials" (as defined herein) to be "handled" (as defined herein) upon, about, above or beneath the
Premises or any portion of the Improvements by or on behalf of a Responsible Party (as defined herein),
except in compliance with Environmental Laws (as defined herein) and this Lease. Any such Hazardous
Materials so handled during the Term of this Lease, or the presence of which is a result of the act or
omission of a Responsible Party, shall be known as "MSC's Hazardous Materials." Notwithstanding the
foregoing, normal quantities of those Hazardous Materials customarily used in construction may be
handled at the Premises. MSC's Hazardous Materials shall be handled at all times in compliance with all
applicable Environmental Laws.
(B) Notwithstanding the obligation of MSC to indemnify City pursuant to this Lease, MSC
shall, at its sole cost and expense, promptly take all actions required by any federal, state or local
governmental agency or political subdivision, which requirement arises from the handling of MSC's
Hazardous Materials upon, about, above or beneath the Premises. Such actions shall include, but not be
limited to, the investigation of the environmental condition of the Premises, the preparation of any
feasibility studies or reports and the performance of any cleanup, remedial, removal or restoration work.
MSC shall take all actions necessary to satisfy any remediation requirements under applicable
Environmental Laws, shall provide reasonably detailed notice to City of any such actions (prior to the
action being taken unless prior notice is not reasonably possible) and, if reasonably possible, provide City
with a reasonable opportunity to comment upon such proposed actions prior to their being undertaken
(provided that in no event shall prior notice to City or City's approval be required before any such action
may be taken in any event).
(C) "Environmental Laws" means and includes all now and hereafter existing statutes,
laws, ordinances, codes, regulations, rules, rulings, orders, decrees, directives, policies and requirements by
any federal, state or local governmental authority regulating, relating to or imposing liability or standards of
conduct concerning hazardous materials or the environment, including, without limitation, the following:
The Comprehensive Environmental Response, Compensation, and Liability
Act, as amended (42 U.S.C. §9601, et seq.) (together with the regulations promulgated
thereunder, "CERCLA") the Resource Conservation and Recovery Act, as amended (42
U.S.C. §6901, et seq.) (together with the regulations promulgated thereunder, "RCRA"),
the Federal Water Pollution Control Act, as amended (22 U.S.C. §1251, et seq.)
(together with the regulations promulgated thereunder, "CWA"), the Clean Air Act, as
amended (42 U.S.C. §7401, et seq.) the Hazardous Materials Transportation Act, as
amended (49 U.S.C. §1801, et seq.) (together with the regulations promulgated
thereunder, "HMTA"), the Federal Insecticide, Fungicide and Rodenticide Act, as
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amended (7 U.S.C. §136, et seq.) (together with the regulations promulgated thereunder,
"IRFA"), the Safe Drinking Water Act, as amended (42 U.S.C. §300f, et seq.) (together
with the regulations promulgated thereunder, "SDWA"), the Toxic Substances Control
Act, as amended (15 U.S.C. §2601, et seq.) (together with the regulations promulgated
thereunder "TSCA"), the Georgia Hazardous Waste Management Act (O.C.G.A. §12-8-
60, et seq.), the Georgia Water Quality Control Act (O.C.G.A. §12-5-20 et seq.), and the
Georgia Air Quality Act (O.C.G.A. § 12-9-1 et seq.).
(D) "Hazardous Materials" means (a) any material or substance: (i) which is defined or
becomes defined as a "hazardous substance," "hazardous waste," "infectious waste," "chemical mixture or
substance," or "air pollutant" under Environmental Laws; (ii) containing petroleum, crude oil or any
fraction thereof; (iii) containing polychlorinated biphenyls (PCB's); (iv) containing asbestos; or (v) which is
radioactive; (b) any other material or substance displaying toxic, reactive, ignitable, or corrosive
characteristics, as all such terms are used in their broadest sense, and are defined or become defined by
Environmental Laws; or (c) materials which cause a nuisance upon or waste to the Premises or any portion
of the Improvements.
(E) "Handle," "handle," "Handled," "handled," "Handling" or "handling" shall mean any
installation, handling, generation, storage, treatment, use, disposal, discharge, release, manufacture,
refinement, presence, migration, emission, abatement, removal, transportation, or any other activity of any
type in connection with or involving Hazardous Materials; excluding any Hazardous Materials existing on
the Premises prior to the Commencement Date, and any migration of Hazardous Materials onto the
Premises from a source not at the Premises.
(F) "Responsible Party" shall mean MSC, its subteriants and its assignees, any occupants of
all or any portion of the Premises, and their respective contractors, clients, officers, directors, employees,
agents, customers, suppliers,. guests and invitees, or any of them as the case may be during the Term of this
Lease.
(G) MSC shall expressly not be responsible for; and to the extent allowable by law, shall
be entitled to seek contribution or other appropriate relief from the City with respect to any liability and
City to the extent allowable by law shall indemnify MSC for claims relating to: (i) a violation of
Environmental Laws or the presence of Hazardous Materials on; in 'or under all or any portion of the
Leased Premises attributable to the period prior. to the: Commencement Date, unless said violation of
Environmental Laws was by or the presence of Hazardous Materials_ . was caused by MSC or a
Responsible Party; or. (ii) any. Hazardous Materials on, in or under all or any portion of any parcels of
land owned by City that are adjacent to the Leased Premises (the term "adjacent" as used herein being
deemed to mean parcels of land sharing a common boundary line with the Leased Premises), unless the
presence of Hazardous Materials was caused by MSC or a Responsible Party; or (iii) any violation of
Environmental Laws at or relating to the Leased Premises which is attributable to conditions existing on
or prior to the Commencement Date, unless said violation of Environmental Laws was caused by MSC
or a Responsible Party .(collectively, "Claims as to Pre -Existing: Environmental Conditions"). City
agrees that it shall not object to or resist being joined as a named party as to the adjudication of such
Claims as to Pre -Existing Environmental Conditions; however, no herein precludes City from
asserting any defense to the Claims or asserting any counterclaim that City may have or from seeking
indemnification or contribution from third parties.
ARTICLE VII - UTILITIES AND SERVICES
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7.1 Services. The City shall have no obligation to provide utility services or connections into the
Premises and MSC, at its sole expense; shall arrange with the appropriate utility company or governmental entity
to install all connections and shall, without fail, maintain in continuous operation during the entire Term of the
Lease all such utility services. The City reserves the right during the Term of this Lease to grant easements for
public utility purposes on, over or below the Premises without any abatement in rent, and without the same being
deemed an event of default of City hereunder, provided that said easements do not unreasonably interfere with the
normal operation of the Premises by MSC or damage any Improvements. City shall not be required to pay for any
service or supplies in connection with the Premises.
ARTICLE V111- MAINTENANCE AND REPAIRS
8.1 MSC's Obligations.
(A) Structural Repairs. MSC shall, at its risk and at its own sole cost and expense, for a period
of ten years after completion of construction of a specific portion of the Improvements (or completion of a
phase of construction) maintain in good repair and condition (including all necessary replacements),
including, but not limited to the roof, outer walls and foundations of all Buildings, all interior walls both
weight bearing and not weight bearing, floors and coverings, all glass elements and doors located in and
about said specific portion or phase. MSC shall take good care of the Premises and Improvements and
suffer no waste.
(B) Mechanical, Drainage and System Repairs. MSC shall, at its risk and at its own sole cost
and expense, for a period of five years after completion of construction of a specific portion of the
Improvements (or completion of a phase of construction) maintain in good repair and condition (including
all necessary replacements) the drainage facilities and fire safety sprinkler systems, heating, ventilation and
air conditioning systems located in and about said specific portion or phase and/or servicing said portion or
phase.
(C) Storm Damage Repairs. MSC shall, at its risk and at its own sole cost and expense, for a
period of ten years after completion of construction of a specific portion of the Improvements (or
completion of a phase of construction) shall repair all storm damage to the Premises and Improvements not
covered by insurance and shall be responsible for any cost of repair of storm damage not covered by
insurance or subject to the insurance deductible.
(D) Vandalism and Negligent Act Repairs. MSC shall, throughout the Lease Term at its own
cost and expense, repair or replace any damage or injury to all or any part of the Premises and
Improvements thereon caused by vandalism or the negligent acts or omissions of MSC, its employees and
agents, except to the extent that said cost and expense shall be covered by insurance.
As used in this Section 8.1 & Section 8.2 the term "date of completion of construction" for any
portion or phase shall be the date the certificate of occupancy is issued for said portion or phase.
8.2 City's Obligations. The City shall have the obligation: to make the Structural Repairs described
in Section 8.1(A) for a specific portion or phase upon the tenth anniversary of the date of completion of
construction of said portion or phase until the end of the Lease Term; to make the Mechanical, Drainage and
System Repairs described in Section S.1(B) for a specific portion or phase upon the fifth anniversary of the date of
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completion of construction of said portion or phase until the end of the Lease Term; and to make the Storm
Damage Repairs described in Section 8.1(C) for a specific portion or phase upon the tenth anniversary of the date
of completion of construction of said portion or phase until the end of the Lease Term. The City shall have no
obligation to make any of the Vandalism and Negligent Act Repairs described in Section 8.1(D) throughout the
Lease Term.
8.3 City's Rights. City and its contractors shall have the right, upon reasonable advance notice, at
reasonable times, to enter upon the Premises to exercise any right reserved to City hereunder; provided, that MSC's
use and enjoyment of the Premises shall not be disturbed.
ARTICLE IX - IMPROVEMENTS ADDITIONS AND ALTERATIONS
9.1 Plans and Specifications, Costs and Amendments Thereto. All plans and specifications for the
construction of the Improvements, including any site plan, parking plan and contracts or leases for parking, must
be approved in writing by the City which approval shall not be unreasonably withheld, conditioned or delayed.
MSC shall take no action to effectuate any material amendments, modifications or any other alterations to the
Plans and Specifications (except to the extent set forth in Section 9.3 herein unless the City has approved such,
in writing and in advance, which approval shall not be unreasonably withheld, conditioned or delayed. The
maximum amount of SPLOST funds to be expended for architectural and engineering services and site planning
shall be Two Hundred Thousand Dollars ($200,000.00); however, this limit is not to prevent MSC from
expending more on these services, but to insure the availability of sufficient SPLOST funds for actual
construction costs, MSC shall not seek reimbursement or payment from the CITY for architectural and
engineering services and site planning costs and expenses in excess of this amount.
9.2 Construction Contracts and Pa went.
(A) All contracts for the design (including but not limited to site plan drawings,
engineering and architect plans) and contracts for construction of the Improvements shall be between
MSC and the person or entity providing the services thereunder; however, all contracts and agreements
for design and construction services shall be approved by the City in writing, which approval shall not be
unreasonably withheld, conditioned, or delayed, and shall contain the following requirements and
provisions (or words of similar nature):
i. A portion of the funds for the design, engineering, construction or other work
and services described herein are being provided by the City of Tybee Island, Georgia
pursuant to the SPLOST Resolution of The Board of Commissioners of Chatham County
adopted on ]February 14, 2003, the Special Purpose Local Option Sales Tax ("SPLOST")
Referendum approved by the voters of Chatham County on March 18, 2003 and pursuant
to the ]February 14, 2003 Intergovernmental Agreement for the Distribution of Special
Purposes Sales and Use Tax Proceeds by the County to Municipalities for Capital Outlay
Projects, for General Obligation Debt, and Road, Street and Bridge Purposes by and
among Chatham County and eight municipalities of Chatham County, including the City
of Tybee Island, Georgia and thus this contract and any amendments thereto are subject to
the written approval of the City of Tybee Island and are of no effect until such written
approval is provided. NOTE, THIS LANGUAGE SHALL NOT BE INCLUDED IN ANY
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CONTRACT FOR ANY SPECIFIC PORTION OR PHASE OF CONSTRUCTION FOR
WHICH NO SPLOST FUNDS ARE TO BE USED;
ii. All requests for payment shall be submitted to MSC by the 7 1 day of the month
for work and services performed through the last day of the previous month;
iii. If SPLOST funds are to be used for any portion of the payment requested, the
request for payment is subject to the approval of the City of Tybee Island, Georgia and
payment by MSC will not be made until the payment request is approved by the City of
Tybee Island and the funds are received by MSC;
iv. A retainage provision for 10% of the total value of the contract;
V. Full compliance with the Georgia Local Government Public Works Construction
Law, O.C.G.A. § 36-91-1 et seq., including but not limited to the provision of performance
bonds pursuant to O.C.G.A. § 36-91-70 et seq: and payment bonds (and notice of
commencement) pursuant to O.C.G.A. § 36-91-90 et seq.;.
Vi. Any civil action brought against MSC and/or the City shall be maintained in
the State and Superior Courts of Chatham County or the United States District Court for
the Southern District of Georgia, Savannah Division and that no venue of any action
against the City or jurisdiction over the City shall lie in any other court; and
vii. The City shall be designated as an additional beneficiary of all warranties,
express or implied.
(B) MSC shall prepare a request for payment to the City.on or before the 15th day
of each month providing copies of all requests for payment from its general contractor, engineer,
architect, etc. received for services provided in the previous month and for: which MSC is seeking
SPLOST funds for payment of any portion. MSC shall certify the performance of the work for
which payment is sought. Contingent upon the City's review of the work_ completed and the
City's approval -of the work the City shall issue payment.to.-MSC within fifteen (15) days of
receipt of the request for payment. Final payment by the City; including all retainage, shall be
made upon completion of all the work, including punch list completion, acceptance of the work
by the City and issuance of a certificate of occupancy.
(C) MSC shall fully comply with the contracting and bidding requirements of
O.C.G.A. § 36-91-20 et seq.
9.3 Alterations. MSC may make any additions, alterations or changes (sometimes collectively referred
to herein as "Alterations") in or to the Improvements subject, however, to the`following conditions:
(a) No Alterations shall be made that would materially impair the structural soundness
of the Improvements;
(b) No Alterations shall be undertaken until MSC shall have procured, to the extent the
same may be required from time to time, all permits and' authorizations of all applicable
governmental authorities.
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(c) Any Alterations shall be performed in good and workmanlike manner and in
compliance with all applicable legal requirements and all applicable Insurance Requirements; and
(d) The City must approve all substantial structural alterations prior to the
commencement of work ("substantial" meaning single alterations costing in excess of $25,000 or
alterations that materially affect the functional design or scope of the Improvements).
9.4. Liens. MSC shall pay when due all costs for work performed and materials supplied to the
Premises; provided, however, that any payment by MSC that is contingent upon SPLOST payments by the City
shall be made as soon as received from the City. MSC shall not suffer nor permit any construction liens to be filed
or exist against the Premises or any part thereof, by reason of work, labor, services or materials supplied or claimed
to have been supplied to MSC or its agent, contractors, subcontractors and subtenants. If any such construction
lien shall at any time be filed, MSC shall within thirty (30) days after notice of the filing thereof, cause the same to
be discharged of record by payment, deposit, bond, order of court of competent jurisdiction or otherwise. If MSC
fails to pay and remove or bond such lien, claim or encumbrance within such thirty (30) days, City, at its election,
may pay and satisfy the same and in such event the sums so paid by City shall be deemed to be additional rent due
and payable by MSC at once without notice or demand as per Section 4.4 hereof. During the progress of such
work, MSC shall, upon City's request, furnish City with sworn contractor's statements and lien waivers covering all
work theretofore performed and MSC shall otherwise observe and comply with any and all requirements under
Georgia Law, and shall indemnify, defend and hold City harmless from any loss, cost, or damage incurred by City
as a result of the assertion of any construction lien claim. NOTHING HEREIN IS DEEMED TO BE A WAIVER
OF THE PROHIBITION AGAINST LIENS UPON PUBLIC PROPERTY.
9.5 Right of Access to Dune Crossover. Attached hereto as Exhibit B is an aerial photograph of the
Property. As shown on Exhibit B, immediately adjacent to the northeast corner of the Property is a dune crossover
owned and maintained by the City and which provides public access to and from the beach located east of the
Property. MSC shall not hinder or prevent the public's pedestrian access or use of the dune crossover and shall
permit the public to traverse the Property in order to gain pedestrian access or exit from the dune crossover. There
shall be an ADAAA-Compliant public right of way for pedestrian access to and from the dune crossover,
construction of which shall be completed by MSC before MSC receives its Certificate of Occupancy for the
Center. Nothing in this Lease is intended to preclude or prevent emergency or rescue vehicle access to the dune
crossover in emergency situations.
9.6. Parking Spaces. Seven (7) parking spaces are shown on Exhibit A on the western portion of the
Property of which four spaces are designated as ADAAA-Compliant. MSC shall construct all seven spaces and at
all times pertinent to this Lease, the four ADAAA-Compliant spaces will be available for use by the general public.
It is intended that a separate parking agreement will be entered into between the City and MSC for the three other
parking spaces to be designated for use by MSC staff during hours of operation.
AR'T'ICLE X - INDEMNIFICATION AND INSURANCE
10.1 Indemnification. MSC and MSC's permitted assignees and subtenants agree to protect, indemnify,
hold harmless, and defend the City, and its elected or appointed officials, agents and employees, successors and
assigns (collectively "Indemnitees") (except for any events arising out of the negligence, breach of contract, or
willful acts of City, its agents or employees and except with respect to any Pre -Existing Environmental Condition
as per Sections 6.3(G) and 8.2(C)) from and against:
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(A) any and all loss, cost, damage, liability or expense incurred (including but not limited to
actual reasonable attorneys' fees and legal costs) arising out of or related to any claim, suit or judgment
brought by or in favor of any person or persons for damage, loss or expense due to, but not limited to,
bodily injury, including death, or property damage sustained by such person or persons which arises out of,
is occasioned by the use or occupancy of the Premises or any portion of the Improvements by MSC or the
acts or omissions of MSC or its agents, employees, contractors, clients, invitees or subtenants relating to
the Premises. Such loss or damage shall include; but not be limited to, any injury or damage to, or death of,
City's employees or agents or damage to the Premises or any portion of the buildings or improvements
located thereon.
(B) any and all Environmental Damages which arise from (i) the Handling of any MSC
Hazardous Materials, as defined in Section 6.3 or (ii) the breach of any of the provisions of this Lease. For
the purpose of this Lease, "Environmental Damages" shall mean (a) all claims, judgments, damages,
penalties, fines, costs, liabilities, and losses, (including, without limitation, diminution in the value of the
Premises) (b) all reasonable sums paid for settlement of claims, reasonable actual attorneys' fees,
consultants fees and experts fees; and (c) all costs incurred by City in connection with investigation or
remediation relating to the Handling of MSC's Hazardous Materials to the extent MSC does not perform all
such investigation and remediation as is required by applicable Environmental Laws. To the extent that
City is strictly liable under any Environmental Laws as owner, MSG's obligation to City and the other
indemnitees under the foregoing indemnification shall likewise be without regard to fault on MSG's part
with respect to the violation of any Environmental Law which results in liability to the indemnitees. MSC's
obligations and liabilities pursuant to this Section 10.1 shall survive the expiration or earlier termination of
this Lease.
(C) any and all testing or investigation as may be required by any governmental agency for
the purpose of investigating the presence of MSC's Hazardous Materials that may not be in compliance
with Environmental Laws.
(D) notwithstanding anything to the contrary contained herein, nothing shall be interpreted
or used to in any way affect, limit, reduce or abrogate any insurance coverage provided by any insurers to
either MSC or City.
Nothing herein shall be construed to infer or imply that MSC is a partner, joint venturer, agent, employee, or
otherwise acting by or at the direction of the City.
10.2 Insurance.
(a) MSC shall maintain or shall cause to be maintained the following insurance coverages:
i. Commercial General Liability Insurance (Primary and Umbrella). Commercial
liability insurance or equivalent with limits of not less than $1;000,000 with respect to
any injury to any one person; $1,000,000 with respect to injury or damage to property;
and $3,000,000 general aggregate for bodily injury, personal injury and property damage
liability. In addition, MSC shall obtain umbrella coverage of $5,000,000. Coverage
extensions shall include the following: premises and operations, subcontractors, cross
liability, products and completed operations, broad form property damage, blanket
Page i 1
contractual liability, explosion, collapse and underground coverages (XCU), personal
injury and errors and omissions. The City is to be named as an additional insured.
ii, Personal Property Insurance. Property insurance in an amount not less than the full
replacement cost of all personal property located therein (minimum $100,000.00), against
direct and indirect loss or damage by fire, vandalism and malicious mischief and other
casualties and risks covered under "all risk, special extended coverage endorsement"
insurance
iii. Insurance Endorsement. All policies shall be endorsed (a) to name the City as an
additional insured and as a loss payee (as applicable); and (b) to waive subrogation rights
against the City.
iv. Insurance Companies. All insurance shall be carried with companies that are authorized
to do business in the State of Georgia and rated not less than A -VIII in Best's Insurance
Guide and a Standard and Poor's claims paying ability rating of not less than AA-
V. Errors And Omissions Insurance. The Principal Architect, other architects, engineers,
and each of their subcontractors shall obtain and maintain errors and omissions/
professional liability coverage at their own expense in the amount of not less than
$2,000,000 -per occurrence. The insurance company, foram, and content of such coverage
shall be subject to the reasonable approval of the City; and
vi. Builder's Risk Insurance. Builder's risk insurance, in a form to be submitted to and
approved by the City, insuring all work in place and all materials to be used for such
work; : with such insurance to be payable :on a replacement cost basis, regardless of
whether partial payment has been made by the City.or MSC. The builder's risk insurance
need not be. carried on landscape work.: Such insurance shall insure the interests of
contractors, sub -contractors and suppliers as, well as MSC and the City as their interests
may appear. The builder's risk insurance shall. not contain a deductible in excess of
$1,000: without the prior approval of the. City. MSC may cause this insurance to be
terminated on buildings as of the date taken over for occupancy by MSC.
(b) Applicable policies must be in place on the date hereof.
i. MSC shall provide the City with a certificate of insurance (or, at the City's option, copies
of the applicable policies) as evidence of the limits and coverages described above, which
shall be: acknowledged and accepted by the- City by issuing a notice of acceptance and
which shall affirmatively state that.
a. The coverage is written on an occurrence form;
b. The City is named as an additional insured and loss payee (as applicable); and
c. Subrogation is waived.
ii. No such policy shall be subject to cancellation or modification without thirty (30) days prior
written notice to the City. MSC shall furnish the City with a replacement certificate with
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respect to any insurance not less than thirty (30) days prior to the expiration of the current
policy. MSC shall require its contractors to comply with this provision.
iii. In the event that MSC's insurance, or the insurance required by any other entity under this
Lease, is scheduled to expire during the Term of this Lease, MSC or the applicable
contractor shall provide the City with copies of renewal certificates thirty (30) days prior
to the expiration date of the expiring coverage. MSC shall require its contractors to
comply with this provision.
iv. The insurance contracts shall require the insurance company to notify the City in the
event of a substantial change in coverage during the policy term.
(c) The City shall maintain or shall cause to be maintained, at its sole expense, "all-risk" property
insurance, including wind and flood insurance, in an amount not less than one hundred percent
(1.00%) of the replacement cost covering all Improvements in and upon the Premises. The proceeds
of such insurance shall be used for the repair or replacement of the Property so insured.
10.3 Claims. In the event of an insurance claim under the insurance policies contemplated by Section
10.2 hereof, MSC will notify the City within sixty (60) days following discovery of the claim by MSC. In
addition, MSC will investigate and furnish the City with reports of all accidents, claims and known potential
claims for damage or injury and will cooperate with its insurers and those of the City.
10.4 _Restoration in the Event of Casualty. If any act or occurrence of any kind or nature shall result
in damage to or loss or destruction of the Improvements, in whole or in part, the insurance proceeds, if any,
made available shall promptly be used for the restoration, reconstruction, and/or repair of the Improvements as
nearly as possible to its condition and character immediately prior to such casualty. If such insurance proceeds
and other available funds are not sufficient so that restoration, reconstruction, or repair are not to be undertaken,
or is otherwise determined to be not feasible, such proceeds shall be paid equitably divided between City and
MSC, based on formula provided for condemnation -in Section 12.2.
10.5 Waiver of Subrogation. Each party hereby waives any right of recovery against the other for
injury or loss covered by insurance, to the extent of the injury or loss covered thereby. Any policy of insurance to
be provided by MSC pursuant to this Article X shall contain a clause denying the insurer any right of subrogation
against City.
10.6 Failure to Insure. If MSC fails to maintain any insurance which MSC is required to maintain
pursuant to this Article X, the City may, but shall not be obligated to, upon notice to MSC (said notice may be
delivered via facsimile, e-mail, or by hand) -promptly procure such policies of insurance, in which case MSC shall
reimburse City upon demand for the cost thereof, together with interest thereon at the lesser of the maximum rate
permitted by law, if any, or twelve percent (12%) per annum from the date due to the date paid, as additional rent
and, in addition, MSC shall be Iiable to City for any loss or cost resulting from such failure to maintain. MSC may
not self -insure against any risks required to be covered by insurance.
ARTICLE XI - DAMAGE OR DESTRUCTION
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11.1 Continuation of Lease. This Lease shall not terminate, nor shall there by any abatement of Rent or
any other charges to be paid by MSC hereunder, or relief from any other obligations of MSC hereunder as a result
of the partial or total destruction of the Premises or the Improvements.
ARTICLE XIl - CONDEMNATION
12.1 Condemnation. If the entire Premises or a portion thereof shall be taken by condemnation, sale in
lieu of condemnation or in any other manner for any public or quasi -public purpose (collectively "Condemnation"),
as to render, in MSC's reasonable judgment, the balance unusable by MSC, this Lease shall terminate with respect
to the entire Premises or to such portion, as the case may be, on the date that title or possession to the Premises is
taken by the condemning authority, whichever is earlier, but in the event that less than the entire Premises is taken
by Condemnation, only after written notice from MSC with respect to MSC's intent as to the remainder of the
Premises. In the event that this Lease is not terminated as provided above, the Lease shall continue in full force and
effect and unmodified as to the remainder of the Premises.
Notwithstanding any provision contained herein, in the event of a partial taking the Improvements shall be
rebuilt and restored subject to the determination of feasibility by the City; however, the City shall not exercise its
right of eminent domain against the Premises..
12.2 Apportionment of Award. If there is a Condemnation, whether whole or partial, the City shall be
entitled to receive and retain the entire portion of the award for the value of the land and the portion of the award
for the Improvements shall be apportioned between City and MSC. City's portion of the award for the structure
and improvements shall be the amount of the total award multiplied by a fraction of which the numerator is the
total SPLOST funds expended and the denominator being the total costs of construction. MSC's portion of the
award for the structure and improvements shall be the amount of the total award multiplied by a fraction of which
the numerator is the total funds expended for construction less the total SPLOST funds and the denominator being
the total costs of construction. In the event of Condemnation, City shall be the sole representative in seeking the
award from the condemning authority and shall have M authority regarding settlement of the entire claim.
City and MSC shall use any award from a whole taking for the construction of a new marine science center
subject to the determination of feasibility by the City.
ARTICLE X111 — NO LEASEHOLD MORTGAGES
13.1 No Right to Mortgage Leasehold. MSC shall have no right to mortgage its leasehold interest in
the Premises to any entity whatsoever.
ARTICLE XIV - ASSIGNMENT AND SUBLETTING
14.1 Restriction on Assignment. MSC shall not, without the prior written consent of City, either
voluntarily or by operation of law, assign, or otherwise transfer this Lease or any interest herein, nor sublet or
encumber all or any portion of the Premises. Any person to whom any Transfer is attempted without such
consent shall have no claim, right or remedy whatsoever hereunder against City, and City shall have no duty to
recognize any person claiming under or through the same. Any assignment, subletting or other action in violation
of the foregoing shall be void and, at City's option, shall constitute a material breach of this Lease. Nothing herein
is intended to prevent or preclude MSC from allowing third parties to use- a portion or all of the Premises for
Page 14
properly permitted special events and said use shall not constitute a transfer of an interest in this Lease or a "sublet"
or "subletting" of the Premises under this Article XIV.
14.2 Prohibited Transfers. MSC agrees that it will not, (1) assign this Lease or any of its rights
under this Lease as to all or any portion of the Premises and Improvements, or (2) make or permit any voluntary
or involuntary total or partial sale, lease, assignment, conveyance, mortgage, pledge, encumbrance or other
transfer of any or all of the Premises or Improvements or the occupancy or use thereof, without first obtaining
the City's express written consent thereto.
14.3 Ci!j's Consent; Standards. The City shall be free to withhold its consent to any assignment or
sublease of all of the Premises and Improvements in the City's sole and absolute discretion.
14.4 lion -Waiver. The consent by City to any assignment or subletting shall not relieve MSC or any
person claiming through or by MSC, of the obligation to obtain the consent of City, pursuant to this Article XIV, to
any further assignment or subletting.
ARTICLE XV - DEFAULT AND REMEDIES
15.1 Events of Default By MSC. An Event. of Default shall, at City's option, be deemed to have
occurred hereunder following the expiration of all applicable notice and cure periods, if:
(A) The failure by MSC to pay Base Rent or make.any other payment required to be made
by MSC hereunder as and when due and the continuation of such failure for Thirty (30) days following
written notice from City.
(B) The making by MSC of an assignment.of this Lease or any sublease of all or part of the
Premises except as expressly permitted under Article XIV of this Lease.
(C) A notice of intent to cancel insurance coverage; by an insurer that is not cured within
fifteen (15) days of written notice from City (provided that MSC shall have up to thirty (30) days if the
insurance shall remain in effect for such thirty (30)_day period).
(D) The cancellation, lapse or failure to obtain the insurance coverage required in Section
I 0.2, if not cured within five (5) days of written notice from City.
(E) The making by MSC of any general.assignment for the benefit of creditors or the filing
by or against MSC of a petition under any federal .or state bankruptcy or insolvency laws (unless in the case
of a petition filed against MSC the same is dismissed within sixty (60) days after filing) the appointment of
a trustee or receiver to take possession of substantially all of MSC's assets at the Premises or MSC's interest
in this Lease or the Premises when possession is not restored within..sixiy (60) days; or the attachment,
execution or other seizure of substantially all of such assets located at the.Prernises or MSG's interest in this
Lease or the Premises if such seizure is not discharged -within sixty (60) days.
15.2 City's Right To Terminate Upon MSC Default.. Upon any Event of Default by MSC (after
applicable notice and cure periods, as provided in Section 15.1 above); tha City shall have the right without further
notice or demand to MSC except as provided in Section. IS.I (MSC hereby irrevocably waiving 0 notices and
demands except as provided in Section 15.1), statutory or othezwise to terminate this Lease and MSCs right to
possession of the Premises without terminating MSC's liabilities under this Lease.
Page 15
15.3 City's Additional Remedies. Upon any Event of Default of this Lease by MSC, whether or not
City elects to terminate this Lease as provided in Section 15.2 above, the City may at any time enforce all of its
rights and remedies under this Lease, at law or in equity.
15.4 Right of City to Perform. All covenants and agreements to be performed by MSC under this
Lease shall be performed by MSC at MSC's sole cost and expense. If MSC shall fail to pay any sum of money,
other than Rent, required to be paid by it hereunder or shall fail to perform any other act on its part to be performed
hereunder, City, upon advance written notice to MSC and reasonable opportunity to cure may, but shall not be
obligated to, make any payment on MSC's behalf without waiving or releasing MSC of its obligations under this
Lease. Any sums so paid by City and all necessary incidental out-of-pocket costs, together with interest thereon at
the lesser of the maximum rate permitted by law if any or twelve percent (12%) per annum, from the date of such
payment shall be payable to City as additional rent on demand and City shall have the same rights and remedies in
the event of nonpayment as in the case of an Event of Default by MSC in the payment of Rent.
15.5 Non -Waiver. Nothing in this article shall be deemed to affect City's rights to indemnification for
liability or liabilities arising prior to termination of this Lease for personal injury or property damages under the
indemnification clause or clauses contained in this Lease. No acceptance by City of a lesser sum than the Rent
then due shall be deemed to be other than on account of the earliest installment of such Rent due, nor shall any
endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an
accord and satisfaction, and City may accept such check or payment without prejudice to City's right to recover the
balance of such installment or pursue any other remedy in the Lease provided.
15.6 Cumulative Remedies. The specific remedies to which City may resort under the terms of the
Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which it
may be Iawfully entitled in case of any breach or threatened breach by MSC of any provisions of the Lease. In
addition to the other remedies provided in the Lease, including the right to terminate MSC's right of possession of
the Premises and City shall be entitled to a restraint by injunction of the violation or attempted or threatened
violation of any of the covenants, conditions or provisions of the Lease or to a decree compelling specific
performance of any such covenants, conditions or Provisions.
15.7 Default by City. City's failure to perform or observe any of its obligations under this Lease shall
constitute a default by City under this Lease only if such failure shall continue for a period of sixty (60) days (or the
additional time, if any, that is reasonably necessary promptly and diligently to cure the failure) after City receives
written notice from MSC specifying the default. The notice shall give in reasonable detail the nature and extent of
the failure and shall identify the Lease provision(s) containing the obligation(s). if City shall default in the
performance of any of its obligations under this Lease (after notice and opportunity to cure as provided herein),
MSC may pursue any remedies available to it under the law and this Lease.
15.8 Force Maicure. No default in the performance of the terms, covenants or conditions of this
Lease on the part of MSC or the City (other than in the payment of any Rent) shall be deemed to continue if and
so long as the City or MSC, as the case may be, shall be delayed in or prevented from remedying the same due
to Force Majeure; but if and when the occurrence or condition which delayed or prevented the remedying of
such default shall cease or be removed, it shall be the obligation of the City or MSC, as the case may be, without
further delay, to commence the correction of such default or to continue and complete the correction thereof.
ARTICLE XVI - ATTORNEY'S FEES; COSTS OF SUIT
Page 16
1 b.1 Attorneys' Fees. If either City or MSC shall commence any action or other proceeding against the
other arising out of, or relating to, this Lease or the premises, the prevailing party shall be entitled to recover from
the losing party, in addition to any other relief, its reasonable attorneys' fees. In addition, MSC shall reimburse
City, upon demand, for all reasonable attorneys' fees incurred in collecting Rent or otherwise seeking enforcement
against MSC, its sublessees and assigns, of MSC's obligations under this Lease.
ARTICLE XVI1-QUIET ENJOYMENT
17.1 Provided that MSC performs all of its obligations hereunder, MSC shall have and peaceably
enjoy the premises during the Lease Term, subject to all of the terms and conditions contained in this Lease.
ARTICLE XV11I- HOLDOVER TENANCY
18.1 Holdover Tenancy. If MSC holds possession of the Premises after the expiration or termination of
the Lease Term, by lapse of time or otherwise, MSC shall become a tenant at sufferance upon all of the terms
contained herein except as to Lease Term. Without limiting the foregoing, MSC hereby agrees to indemnify,
defend and hold harmless the City, and its agents contractors and employees, from and against any and all claims,
liabilities, actions, losses, damages (including without limitation, direct, indirect, incidental and consequential) and
expenses (including, without limitation court costs and reasonable attorneys' fees) asserted against or sustained by
any such party and arising from, or by reason of such retention of possession, which obligations shall survive the
expiration or termination of the Lease Term.
ARTICLE XIX - NOTICES
19.1 Notices. All notices, demands and requests which are required to be given by the City or MSC
shall be in writing and shall be served in one of the following ways: (i) by personal service on the recipient; (ii) by
mailing the same by registered or certified mail, postage prepaid; (iii) by overnight courier, addressed to the City at
the address for City set forth in Section 15 above and to MSC at the address for MSC set forth in Section 1.7
above, unless a request for a change in this address has been sent to the party giving the notice by registered or
certified mail or by overnight courier prior to the time when such notice is given; or (iv) by email with an
additional copy of the notice, demand or request also be given by the method described in Section 19.1(i), (ii), or
(iii) herein_ Any notice, including under Article XIII, shall be deemed to have been given and served when actually
received or receipt is refused as evidenced by written verification.
ARTICLE XX - MISCELLANEOUS
24.1 Amendments. This Lease may be amended by mutual agreement of the City and MSC, provided
that all amendments must be in writing and signed by both parties.
24.2 Successors. Except as expressly provided herein, this Lease and the obligations of City and MSC
contained herein shall bind and benefit the successors and assigns of the parties hereto.
24.3 Memorandum of Lease. The City and MSC shall upon request of the other execute a recordable
Memorandum of Lease.
Page 17
20.4 _Governing Law. This Lease shall be governed by, and construed in accordance with, the laws of
the State of Georgia.
20.5 Severability. In the event any provision of this Lease is found to be unenforceable the remainder
of this Lease shall not be affected, and any provision found to be invalid shalt be enforceable to the extent
permitted by Iaw. The parties agree that in the event two different interpretations may be given to any provision
hereunder, one of which will render the provision unenforceable, and one of which will render the provision
enforceable, the interpretation rendering the provision enforceable shall be adopted.
20.6 Captions. All captions, headings, titles, numerical references and computer highlighting are for
convenience only and shall have no effect on the interpretation of this Lease.
20.7 Interpretation. MSC acknowledges that it has read and reviewed this Lease and that it has had the
opportunity to confer with counsel in the negotiation of this Lease. Accordingly, this Lease shall be construed
neither for nor against City or MSC, but shall be given a fair and reasonable interpretation in accordance with the
meaning of its terms and the intent of the parties.
20.8 Time is of the Essence. Time is of the essence of this Lease and the performance of all obligations
hereunder.
20.9 Mer er. The Parties agree that the terms stated herein are the only consideration for each to
sign the Lease, and no other promise of any kind has been made by any person or entity to cause either to sign.
This Lease replaces any and all prior leases, agreements, or understandings between the parties as concerns the
Lease of the Premises.
Ill WITNESS WHEREOF, the parties hereto have executed this lease as of the date first above written.
Sworn to and subscribed before me,
this?xlay of , 201
Witness
[Signatures on Following Pages]
CITE':
CITY OF TYBEE ISLAND, GEORGIA
By:
J n Bueite , Mayor
s
Attest: ✓
J et LeVirier, City Clerk
DIANPIE d7T0 -
Notary Public Notary Public, Chatham County, GA
My Commission Expires November. 6, 2014 -
APPROVED AS TO FORM:
Page 18
Edward M. Hughes, City Attome
Sworn to an subscribed before me
this e day of 201
rtness
MSC:
TYBEE ISLAND MARINE SCIENCE
FO
Co
By
Attest:
otary Public
SEAL
EXHIBIT "A"
LEGAL, D]ESCI2IPTION OF PREMISES
SAID LOT BEING SHOWN AS LOT 2367 ON THAT RECOMBINATION PLAT OF
PORTIONS OF LOTS 6 AND 7, BLOCK 8, A PORTION OF LOT 2 AND ALL OF LOT 3,
BLOCK 9 AND PORTIONS OF WRENWOOD AVENUE AND THE FORMER UNITED
STATES COAST GUARD PROPERTY, FORT SCREVEN WARD, TYBEE ISLAND,
CHATHAM COUNTY, GEORGIA, PREPARED BY BERT BARRETT, JR., GRLS NO. 2225,
BERT BARRETT, JR. LAND SURVEYING, P.C., DATED FEBRUARY 28, 2014. A COPY
OF SUCH PLAT IS ATTACHED HERETO.
REFERENCES:
1, P.R.B, 40P._26, v--279, X-229.
33P-55 & S.M.B. A-94
2, D.B. 668-357, 329D--277, '3ISH-713,
103T--933 & 94L --6D.
IN MY OPINION 11115 PLAT IS A CCRR,CT
R✓:PRESEWAfION OF HF LAND PLA'I'TED
DATE OF SURVEY, NOVEMBER 13, 20'13
DATE OF PLAT- FEBRUARY 28, 2014
BERT BARRETT, JR. LAND SURVEYING, P.C.
145 RUNNER ROAD
SAVANNAH. GA. 31410
(912" 097-0651
GRAPHIC SCA1.R
20 0 20 40
I inch 20 fi.
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
OF $250.00 OR MORE
GIFTS OF $250.00
OR MORE
DATE OF
CONTRIBUTION
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:
Printed Name: Maria Procopio, executive director
Date: 10-25-2017
PROJECT\01350-C-6PDF 10-31-17 4:05:38 pm EST
GRID NORTH
THE D.N.R. POINTS SHOWN ON THE SEAWARD TOE OF DUNE
AND ORDINARY HIGH TIDE LINE WERE LOCATED WITH A THALEE
7 I PROMARK 3 G.P.S. UNIT TO SUB -METER ACCURACY.
D.N.R. SEAWARD TOE OF DUNE & ORDINARY HIGH TIDE LINE
S Ab /
o38, 00" E
S
WARNING
C
LITTER
FLOOD ZONE LINE',(TYP.)
SMALL P.K.S 4
C I T Y O F T Y B E E I S L A N D
PROTECTION UNE /`
-- - w
N R SHORE RAVE .' R �1
OD
PORTION OF D• G�/ �
RELOCATED WRENwO 1„ W
. N 112
1 �' — N 738194.1578
?� 2p8E 1066137.7238 ��
\ C / ,WOOD FENCE
C.M.F.
O
CO / •.
Ld /
- - Ld /FChlWILLIAM C. FLEETWOOD
U)
O
F_ /
12" PINE
S�'�
T Y B E E L I G H T
12
S 02°56'00" E -
-"`�
419-00
100.47'
— 14
S 06°02 00
13
10Ln
N C I T Y O F T Y B E E
�1
N 07°37'00" E - -
FMIMMMAIVAJ
w N 02°59_47
o
�1 WOOD RAMP POINT AT INTERSECTION OF PROPERTY LINE
1 `3 QQ D.N.R.. FLAG WITH POINT NUMBER
0 \4 LIGHT POLE
z �C( POWER POLE
® PARKING TICKET STATION
`o� PALM TREE
OAK TREE
,20 25
REFERENCES:
1. PLAT OF SHRINE LEASED AREA RECORDED IN D.B. 116D-664.
C.M.F. WITH DISC.
LINE
DIRECTION
DISTANCE
L1
N 48°33'17" W
5.77'
L2
N 11'26'43" E
5.00'
L3
N 71'26'43" E
5.77'
L4
N 11'26'43" E
26.12'
I Z. SUBDIVISION MAP OF FORT SCREVEN, BY W.J. LYNCH, RECORDED IN
M.B. A -94A -94E.
I OM 3. PLAT OF LOTS 2-7 BLOCK 9 & LOTS 3-8 BLOCK 20, BY WRIGHT
0) C. POWERS, DATED 12/08/87.
/ hcb 26 4. SEASIDE COLONY S/D RECORDED IN S.M.B. 13S-32.
5. PLATS OF LOTS 14,15 & 16 BLOCK 11, BY THOMAS & HUTTON AND
BARRETT LAND SURVEYING, INC. DATED 3/11/85 & 1/12/82.
/
6 PLAT OF LOTS 1,2,3 & 4 BLOCK 2,BARRETT & EXLEY, INC.,
DATED 2/18/75 AND RECORDED NP.R BY
7. PLAT OF TRIANGULAR PORTION OF PROPERTY BY WRIGHT C. POWERS,
JI DATED 1/20/84 AND RECORDED IN P.R.B. 5-P 107.
A 8. PLAT OF THE TYBEE ISLAND LIGHTHOUSE COMPLEX BY BERT BARRETT,
27 O`J JR. LAND SURVEYING, P.C., DATED 7/27/06.
9. PLAT OF LOTS 1, 2 & PORTION OF 3 BLOCK 20 AND PORTIONS OF
/ G BLOCK 19, WRENWOOD DRIVE AND PROPERTY DESIGNATED AS UNITED
STATES COAST GUARD PROPERTY AND ALL OF LIMEWOOD DRIVE, BY
BARRETT LAND SURVEYING, INC. DATED 3/09/94.
10. PLAT OF LOT 2 & A PORTION OF LOT 3 BLOCK 20, BY WRIGHT C.
POWERS, DATED 4/11/74 AND RECORDED IN P.R.B. X-228.
/j 12. PLAT OF LOTS 1 BLOCK 20 AND LOTS 2-8 BLOCK 8, BY THOMAS
& HUTTON, DATED 6/02/72 AND RECORDED IN P.R.B. V-279.
/ 13. PLAT OF LOT 2-7 BLOCK 9, PORTIONS OF LOTS 2 & 3 & ALL OF
LOTS 4-7 BLOCK 20, ALL OF LIMEWOOD DRIVE & A PORTION OF TAYLOR
28 STREET, BY THOMAS & HUTTON, DATED 4/12/74 AND RECORDED IN
PINE TREE P.R.B. X-229.
14. PLAT OF PORTIONS OF TAYLOR STREET & WRENWOOD DRIVE BY THOMAS
l & HUTTON, DATED 8/21/74 AND RECORDED IN P.R.B. X-229.
15. PLAT OF LOTS 2 & 3 BLOCK 9, BY EMC ENGINEERING SERVICES, INC.
DATED 3/14/06 AND RECORDED IN P.R.B. 33P-55.
16. DEED BOOKS 94L-60, 109Z-613, 10OV-661, 66B-357 & 126P-840
W �I/o0D 11Rr1-RRA 111ZT-0ZZ P, Z1 RW -71Z
(,'/
REN
DR/VE 60,
� D.N.R. RAW
_ SHORE PROTECTION LINE
LU
/ a �
Q
W
17
W
40'
IjAmv
D.N.R.
= DEPARTMENT OF NATURAL RESOURCES
C.M.F.
= CONCRETE MONUMENT FOUND
R.B.F. =
RE -BAR FOUND
P.K.S.
= P.K. NAIL SET
P.T.P. =
PAY TO PARK SIGN
H. P. =
HANDICAPPED PARKING SIGN
STOP
= STOP SIGN
TYP.
= TYPICAL
M.P.
= METER POLE
S.L.
= SPEED LIMIT SIGN
W.M.
= WATER METER
THE D.N.R. SHORE PROTECTION LINE SHOWN ON
THIS PLAT WAS DELINEATED BY DEB BARRERIRO
OF THE DEPARTMENT OF NATURAL RESOURCES
ON 8/15/2012. LAST REVISED 10/30/2017.
STATE OF GEORGIA
CHATHAM COUNTY
GENERAL NOTES:
1. PORTIONS OF THE BOUNDARY ARE SHOWN BASED ON A SURVEY
DONE BY BARRETT LAND SURVEYING, INC. DATED 3/09/94.
2. ALL FENCES ARE WOOD, EXCEPT FOR THE CHAIN LINK FENCE
AROUND THE LIFT STATION.
3. ALL THE SURVEYING WAS PERFORMED WITH A GEODIMETER 610,
AND TRIMBLE 5603 ROBOTIC TOTAL STATION. THE ELEVATIONS
WERE OBTAINED USING A CHAMPION TKO DUAL FREQUENCY GPS
RECEIVER AND EGPS SOLUTIONS VRS NETWORK, EXCEPT THE D.N.R.
SEAWARD DUNE LINE WHICH WAS LOCATED USING PROMARK 3
SINGLE FREQUENCY GPS UNITS.
4. NOT ALL IMPROVEMENTS WERE LOCATED. NO ATTEMPT WAS MADE
TO LOCATE ALL WATER VALVES, WATER METERS, UNDERGROUND
UTILITIES, SIGNS OR TREES.
5. THE COORDINATES SHOWN ON THIS PLAT ARE BASED ON THE
GEORGIA GRID COORDINATE SYSTEM EAST ZONE NAD 83 (2011
ADJUSTMENT) USING A CHAMPION TKO DUAL FREQUENCY GPS
UNIT AND eGPS VRS NETWORK.
REVISIONS
NO.
DATE
DESCRIPTION
BY
1
2/20/07
SHRINE LEASE LINE REMOVE AT THE
BBBJR
REQUEST OF DIANE SCHLEICHER
2
2/20/07
OEISED
TTOHRANNOFRDVN
BBBJR
AS DIRECTOED BYRE
ANN R.
3
9/26/08
ADDED PROPOSED MARINES SCIENCE
BBBJR
BUILDING AND BOUNDARY LINES
4
2/11/08
SHRINE LEASE LINE ADDED BACK IN AT
BBBJR
THE REQUEST OF BRANNYN G. ALLEN
ADDED ELEVATIONS, GRATE INLETS, A
SANITARY SEWER MANHOLE, FUTURE
5
6/23/16
SITE OF MARINE SCIENCE CENTER.
BBBJR
REMOVE CONCRETE AND BUILDING FOR
GUARD HOUSE AND RELOCATED CHAIN
LINK FENCE AROUND LIFT STATION.
ADDED NORTHING & EASTING TO TWO
POINTS, ADDITIONAL ELEVATIONS TO
OVERFLOW AREA NORTH OF THE NORTH
6
8/01/16
BEACH GRILL AND UTILITY POLES, TREES
BBBJR
AND SIGNS ALONG ENTRANCES DRIVEWAY.
ALSO ADDED NEW IMPROVEMENTS TO
THE NORTH BEACH REST ROOM AREA.
ADDED 12" PINE TREE ON LOT 7 TO
7
10/30/17
SHOW RELOCATION OF A PORTION OF
BBBJR
THE D.N.R. SHORE PROTECTION LINE
AS DIRECTION BY DEB BARRERIRO
PLAT SHOWING THE LOCATION OF CERTAIN IMPROVEMENTS IN THE
NORTH BEACH PARKING LOT LOCATED IN FORT SCREVEN WARD,
TYBEE ISLAND, GEORGIA.
FOR: CITY OF TYBEE ISLAND
DATE OF SURVEY: JANUARY 30, 2007
DATE OF PLAT: FEBRUARY 7, 2007 (LAST REVISED OCTOBER 31, 2017)
SCALE: 1"= 50' rrNo.o�,2
ER G/q
TERE0'50' 100'
2h
BERT BARRETT, JR. LAND SURVEYING, P.C.
145 RUNNER ROAD p
SAVANNAH, GA. 31410
(912) 897-0661 6 BARR�
DEPARTMENT OF NATURAL RESOURCES
COASTAL RESOURCES DIVISION
MARK WILLIAMS
COMMISSIONER
November 1, 2017
Ms. Maria Procopio
Tybee Island Marine Science Center
1509 Strand
Tybee Island, GA 31328
A.G.'SPUD' Wo0DWAKD
DIRECTOR
Re: GADNR Shore Protection Act (SPA) Jurisdiction Line Verification, North Beach
Parking Lot, Tybee Island, Atlantic Ocean, Chatham County, Georgia
Dear Ms. Procopio:
Thank you for submitting the survey for the above referenced property performed by Bert Barrett, Jr.,
Georgia Registered Land Surveyor No.2225 entitled "PLAT SHOWING THE LOCATION OF
CERTAIN IMPROVEMENTS IN THE NORTH BEACH PARKING LOT LOCATED IN FORT
SCREVEN WARD, TYBEE ISLAND, GEORGIA ". The survey accurately depicts the landward toe of
the dune, and the State's Jurisdictional Area under the authority of the Shore Protection Act O.C.G.A
12-5-23 et seq, as delineated by the Department October 26, 2017.
The delineation of the parcel is subject to change due to environmental conditions and legislative
enactments. This jurisdiction line will normally expire October 26, 2018, one year from the date of my
site visit, but may be voided should legal and/or environmental conditions change. Authorization by the
Shore Protection Committee or the Department is required prior to any construction or alteration in
the State's Shore Protection Act Jurisdiction Area.
I appreciate receiving this information for our records. Please feel free to contact me at 912.266.3695
if I can be of further assistance.
t Program
Enclosure: "PLAT SHOWING THE LOCATION OF CERTAIN IMPROVEMENTS IN THE
NORTH BEACH PARKING LOT LOCATED IN FORT SCREVEN WARD, TYBEE
ISLAND, GEORGIA"
cc: George Shaw, City of Tybee Island Planning & Zoning
File: JDS20170236
ONE CONSERVATION WAY I BRUNSWICK, GEORGIA 31520-8686
912.264.7218 1 FAX 912.262.3143 I WWW.COASTALGADNR.ORG
FILED
04:40 PM
3/3/2014
CHATHAM COUNTY SUPERIOR COURT
DANIEL W. MASSEY
CLERK
q
10.71
MARK SET
j�
��FORMER
...�
COAST CI
CITY 01
GENERAL NOTES:
1. THIS RECOMBINATION CONTAINS 0.56 ACRES DIVIDED INTO 1 LOT.
2. LOTS TO BE SERVED BY CITY OF TYBEE ISLAND SANITARY SEWER
AND WATER SYSTEMS.
3. ACCORDING TO FIRM 13051 CO213F AND 13051 CO214F DATED
SEPTEMBER 26, 2008, THIS SITE IS LOCATED IN FLOOD ZONES
VE -15, VE -16 & VE -17 AS SHOWN ON THIS PLAT.
4. ALL WETLANDS ARE UNDER THE JURISDICTION OF THE U.S. ARMY
CORPS OF ENGINEERS AND/OR THE GEORGIA DEPARTMENT OF
NATURAL RESOURCES. LOT OWNERS ARE SUBJECT TO PENALTY
BY LAW FOR DISTURBANCE TO THESE PROTECTED AREAS WITHOUT
PROPER PERMIT APPLICATION AND APPROVAL. PORTIONS OF THIS
SUBDIVISION MAYBE CONSIDERED WETLANDS.
5. ALL STREETS, RIGHT—OF—WAYS, EASEMENTS AND ANY SITES FOR
PUBLIC USE AS NOTED ON THIS PLAT ARE HEREBY DEDICATED
FOR THE USE INTENDED.
OWNER
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(TYP.)
TYPICAL
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NOW OR FORMERLY
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44
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FORMER UNITED STATES I
COAST GUARD PROPERTY CITY OF TYBEE ISLAND
CITY OF TYBEE ISLAND
APPROVED BY TYBEE ISLAND ZONING ADMINISTRATOR
z- Qj'�'-
ZONING ADMINISTRATOR
APP VED BY THE MAYOR & COUNCIL TYBEE ISLAND
;WYOR
ATTEST CLERK OF COUNCIL
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BK 48P PG 90
E.O.C. FIELD
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TOTAL STATION
1/ 102,049-
NONE
_
11107,262
TRIMBLE 5603
PROJECT\01350A-7 2-26-14 1:38:02 pm EST
STATE OF GEORGIA
CHATHAM COUNTY
TAYLOR STREET
VICINITY MAP
N.T.S.
RE ENCES:
1. R. 48P-26. V-279, X-229, 33P-55 k S.M.B. A-94
2. D.B. 29D-277, 31614-713, 103T-933, 66B-357 do 94L-60.
y
SPPEC NOTE: THE GEORGIA DEPARTMENT OF NATURAL
RESOU CE SHORE PROTECTION UNE AND LANDWARD
0
TOE DUNE UNE ALONG WITH THE TYBEE ISLAND
10' E BUFFER ARE NOT SHOWN SINCE THEY ARE
3 SUBJE TO CHANGE YEARLY. FOR INFORMATION ON
THE SEE THE CURRENT SITE PLAN IF AVAILABLE.
RECOMBINATION PLAT OF PORTIONS I
PORTION OF LOT 2 & ALL OF LOT BL
WRENWOOD AVENUE do THE FORMER ; UNIT
PROPERTY, FORT SCREVEN WAROo T"EE
FOR: TYBEE ISLAND MARINE SCIENCE I CEN
DATE OF SURVEY: NOVEMBER 13, 2013
DATE OF PLAT: FEBRUARY 26, 2014
SCALE: 1"= 20'
0' 20' 40'
BERT BARRETT, JR. LAND SURVEYING. P.C.
145 RUNNER ROAD
SAVANNAH, GA. 31410
(912) 897-0661
LSF000671
S6 do 79 BLOCK S.A
K 9 AND PORTIONS OF
STATES COAST GUARD
LAND, GEORGIA.
D
THIS SURVEY WAS PREPARED N CONFORMITY WITH 714E TECHW,&
STANDARDS FOR PROPS V SURVEYS IN GEORGIA AS SET FORTH
IN CHAPTER 180-7 OF THE RULES OF THE GEORGIA GOARD OF
REOISTRIVTION FOR PROFESSIONAL. RIOMIEERS AND LAND SURVEYORS
AND AS SET FORTH IN 714E GEORGIA PLAT ACT O.0 G.A. 15-6-67.
Uhl U IENCE (ENTER
... an authentic coastal experience.
To: Planning Commission
From: Maria Procopio, executive director
Date: October 25, 2017
Re: Request for Parking Variance
The Tybee Island Marine Science Foundation requests a variance to the off-street parking requirements of section
3-080 Off -Street Parking Requirements, which states:
(4) Public and private elementary and secondary schools (except assembly halls, auditoriums and
gymnasium used in conjunction therewith). One parking space for each 200 square feet of gross
floor area devoted to such use.
Section 3-080, as referred to above, requires, based on the building's size, the center have 25 off-street parking spaces
In the lot to the west of the building are ten parking spaces. Four spaces are allocated to ADA parking, with six remaining
spaces. We are requesting a variance on the remaining 15 spaces.
Year-round programs for island visitors, scouts, and school groups
on the beach, in the marsh, on the water, in the classroom and the Coastal Galler,.
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F. F. E . +19'-0"
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Sottile & Sottile
SAVAN N A H GEORGIA
Staff entry —
40'-0"
WEST ELEVATION
NOT FOR CONSTRUCTION
Information contained herein has been compiled from
various sources and may contain inaccuracies based on
available data. Compliance with applicable codes and
ordinances and approval by authorities having jurisdiction
is not guaranteed. This material is intended to create an
overview of design conditions. Sottile & Sottile, 2012
29'-0"
11813=131-05)
BUILDING ELEVATIONS
SCHEMATIC DESIGN
1/813=13-033
MARINE SCIENCE CENTER
TYBEE ISLAND NORTH BEACH
City of Tybee Island
Tybee Island Marine Science Center
Sottile & Sottile Civic Architecture
F.F.E. +T-0„
Date of Publication:
L
04,30.2013
2
F.F.E. +,
F. F. E.
Connection to beach
NORTH ELEVATION 1/8!'=13-0"
Sottile & Sottile
SAVAN NAH GEORGIA
I
15-0" 40'-0" T-0" -e—
EAST ELEVATION 1/8"=1'-0;'
NOT FOR CONSTRUCTION
Information contained herein has been compiled from
various sources and may contain inaccuracies based on
available data. Compliance with applicable codes and
ordinances and approval by authorities having jurisdiction
is not guaranteed. This material is intended to create an
overview of design conditions. Sottile & Sottile, 2012
Heavy timber super -structure
Metal screening
Dune habitat overlook
Sonotube concrete piers
Wood hog -penning
BUILDING ELEVATIONS
SCHEMATIC DESIGN
MARINE SCIENCE CENTER
TYBEE ISLAND NORTH BEACH
City of Tybee Island
Tybee Island Marine Science Center
Sottile & Sottile Civic Architecture
Date of Publication:
L�3
04,30.2013
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UTILITY WARNING:
THE SURVEYOR HAS MADE NO ATTEMPT TO LOCATE OR
OBTAIN INFORMATION ON ANY UNDERGROUND UTILITIES.
SPECIAL NOTE;
ACCORDING TO FIRM 13051 CO213F AND 13051 CO214F DATED
SEPTEMBER 26, 2008, THIS SITE IS LOCATED IN FLOOD ZONES
VE -15, VE -16 & VE -17. THE ELEVATION OF THE LOWEST
SUPPORTING MEMBER OF THE PROPOSED BUILDING SHALL BE
CONSTRUCTED AT A MINIMUM ELEVATION OF 18.0' NAVD 88 DATUM.
SURVEY BY:
BERT BARRETT, JR. LAND SURVEYING, P.C.
145 RUNNER ROAD
SAVANNAH, GA. 31410
(912) 897-0661
EXISTING GRAVEL
PROPOSED GRAVEL
SITE DATA:
PROJECT AREA: 0.84 AC
AREA OF DISTURBANCE: 0.70 AC
ZONING: NORTH END CULTURAL OVERLAY DISTRICT
P.I.N.: PTN OF 4-0001-13-008
PROJECT ADDRESS: 37 MEDDIN DRIVE
PROJECT CITY: TYBEE ISLAND, GA
DISTRICT NUMBER: ???
LOT NUMBER: FORMER U.S. COAST GUARD
OWNER NAME: TYBEE ISLAND MARINE SCIENCE CENTER
CONTACT: MARIA PROCOPIO
OWNER ADDRESS: P.O. BOX 1879
OWNER CITY: TYBEE ISLAND, GA 31328
TELEPHONE NO.: 912.786.5917
DATE OF SURVEY: MARCH 26, 2009 (UPDATED OCTOBER 30, 2017)
GOVERNING AGENCY: CITY OF TYBEE
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SEPTEMBER 26, 2008, THIS SITE IS LOCATED IN FLOOD ZONES
VE -15, VE -16 & VE -17. THE ELEVATION OF THE LOWEST
SUPPORTING MEMBER OF THE PROPOSED BUILDING SHALL BE
CONSTRUCTED AT A MINIMUM ELEVATION OF 18.0' NAVD 88 DATUM.
SURVEY BY:
BERT BARRETT, JR. LAND SURVEYING, P.C.
145 RUNNER ROAD
SAVANNAH, GA. 31410
(912) 897-0661
SITE DATA:
PROJECT AREA: 0.84 AC
AREA OF DISTURBANCE: 0.70 AC
ZONING: NORTH END CULTURAL OVERLAY DISTRICT
P.I.N.: PTN OF 4-0001-13-008
PROJECT ADDRESS: 37 MEDDIN DRIVE
PROJECT CITY: TYBEE ISLAND, GA
DISTRICT NUMBER: ???
LOT NUMBER: FORMER U.S. COAST GUARD
OWNER NAME: TYBEE ISLAND MARINE SCIENCE CENTER
CONTACT: MARIA PROCOPIO
OWNER ADDRESS: P.O. BOX 1879
OWNER CITY: TYBEE ISLAND, GA 31328
TELEPHONE NO.: 912.786.5917
DATE OF SURVEY: MARCH 26, 2009 (UPDATED OCTOBER 30, 2017)
GOVERNING AGENCY: CITY OF TYBEE
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Sec. 5-080. - Site plan approval.
The site plan approval process is intended to provide the general public, planning commission, and mayor and
council with information pertinent to how a new development will affect the surrounding area and the city as a
whole and to ensure compliance with all applicable regulations and considerations as hereinafter stated. Where
a variance, special review, or any other land development activity is involved in connection with a site plan, the
standards applicable to the variance, special review, and/or land development activity applied for shall apply.
(A) Process. Upon submittal of the site plan, the designated city official will review the site plan or noticeable
discrepancies and determine if there is a need to apply for other zoning actions. The site plan is then
forwarded to the city's consulting engineer. Once the engineer has submitted comments to the designated
city official, a public hearing before the planning commission shall be scheduled. The public hearing shall
be held regardless of whether the site plan meets the requirements of this Land Development Code. Until
the applicant addresses all of the engineer's comments and the site plan is satisfactory, the mayor and
council will not consider the plan. In addition to all other requirements, any applicant for a site plan must
identify all prior site plan applications made by the applicant, any affiliates/relatives, corporate or business
entities in which the applicant has had an interest for the property which is the subject matter of the current
application. The applicant must identify any parking meters proposed to be eliminated from city rights-of-
way by the proposed site plan implementation. The applicant must demonstrate compliance with all other
applicable ordinances including but not limited to stormwater, flood damage prevention, and buffering. In
considering a site plan, the mayor and council may consider whether the proposed development will be
unreasonably detrimental to adjacent or nearby uses and whether the proposed development will adversely
impact existing conditions in the overall neighborhood, including but not limited to:
(1) The impact or lack thereof on available resources and utilities.
(2) Whether the proposed development is of a scale and mass so as to be compatible with the character of the
neighborhood.
(3) Whether the proposed development is consistent with the character area under the master plan.
(4) Density considerations for the neighborhood including demands on infrastructure, traffic, and other relevant
factors. In considering a site plan, the mayor and council may approve or deny the application as submitted,
or add or delete conditions appropriate to protecting the interest of the applicant as well as those of nearby
properties. Buffering requirements beyond those expressly identified may also be imposed. If conditions are
added or deleted the applicant must subsequently submit a revised plan of the proposed development to the
designated city official and all such conditions that had been added or deleted must be accepted by the city's
consulting engineer. If all of the foregoing requirements have been satisfied and further if the mayor and
council find that the benefits of and need for the proposed use and project are greater than any possible
depreciating effects and damages to the neighboring properties, the application may be granted.
(B) Other zoning actions. Because special review, variances and map amendments require site plans, site plan
review may be the first step in the permitting process, however, the site plan should identify any other
zoning actions necessary in order for the intended development to be constructed so that a public hearing
can be held on all such zoning actions simultaneously with the public hearing on the site plan. Site plan
approval should encompass approval of all other zoning actions necessary to accomplish the development,
however, if the intended development is to be altered from an approved site plan, additional public hearing
and review is necessary if an additional special review, variance or map amendment is necessitated by the
proposed alteration.
(C) Site plan longevity. After a site plan has been approved by the mayor and council it shall be valid for a
period of 18 months from the date of approval. If a building permit has not been obtained and work has not
begun, the site plan approval shall be void and a new application must be submitted for site plan approval.
(Ord. No. 1999-26, 8-12-1999; Ord. No. 2002-15, 7-11-2002; Ord. No. 2002-15, amended 1-9-2003; Ord. No.
1999-26, amended 8-12-1999; Ord. No. 1999-19, amended 6-15-1999; Ord. No. No. 2005-14, § 1, 5-26-2005;
Ord. No. 2005-14, § 1, 5-26-2005; Ord. No. 01-2015, § 1, 1-15-2015)
Sec. 5-090. - Variances. NOTE THIS PAGE IS INCLUDED IN THE SITE PLAN APPLICATION -VARIANCE PACKAGE —
we didn't use this document to support our variance request, instead, we used Section 3-080.
(A) Standards. After an application has been submitted to the designated city official, reviewed by the planning
commission, and a public hearing has been held by the mayor and council, the mayor and council may grant a
variance from the strict application of the provisions in this Land Development Code only if a physical
circumstance, condition, or consideration exists as described in subsection (1).
(1) There are unique physical circumstances or conditions or considerations 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 shape; or exceptional topographical or other physical
circumstances, 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.
(3) A nonconforming use or structure does not constitute a unique physical circumstance, condition, or
consideration.
(B) Height. No part of any structure shall project beyond 35 -feet above the average adjacent grade of a property
except:
(1) Chimneys, flues, stacks, heating units, ventilation ducts, air conditioning units, gas holders, elevators, solar
panels and similar appurtenances needed to operate and maintain the building on which they are located.
(2) The following items that were existing on the date of the adoption of this ordinance: flag poles, television
aerials, water towers and tanks, steeples and bell towers, broadcasting and relay towers, transmission
line towers, and electric substation structures.
(C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a
period of 12 months from date of approval. Such approval is based on information provided in the
application. Building permits may only be granted for plans consistent with the approved application. Any
deviation from the information submitted will require separate approval by the mayor and council.
(D) Reviewing variance applications. The designated city official, planning commission, and governing body,
shall consider the factors stated herein in reviewing variance applications in taking action on a particular
variance. In exercising the powers to grant variances, the mayor and council may attach any conditions to its
approval which it finds necessary to accomplish the reasonable application of the requirements of these
regulations.
(E) Application approval. Notwithstanding any other provisions of this Code of Ordinances, the designated
city official may approve applications for variances without the need of public hearings and without the
need of review by the planning commission or the mayor and council as follows:
(1) When either of the following circumstances exists:
a. The proposed improvement or alteration will not result in an expansion of the existing footprint of the
existing structure; or
b. No additional encroachment into any setback shall be created by the proposed improvement, construction
or addition.
(2) When each of the following circumstances also exists:
a. No encroachment or construction of habitable space or other prohibited improvements will exist below
one foot above the base flood elevation; and
b. The requested improvements or construction will not violate existing zoning provisions.
This subsection shall have specific application to existing nonconforming structures as referred to in section
3-020.
(F) Compliance with ordinances. Notwithstanding any other provision of this Code of Ordinances, no
application for a variance may be accepted nor may any variance be granted with respect to any property
that is then not in compliance with the requirements of ordinances for the condition on which the variance is
sought, unless the applicant files with the application a detailed written explanation of how, when, and by
whom the need for a variance was created. In such a case, the planning commission shall make a
recommendation to the mayor and council as to whether the variance should be approved or rejected or
modified and the mayor and council, following a public hearing, may approve, reject or modify the
variance request. In the event property is constructed in violation of the ordinances, the violation status
remains until such time as the condition is rectified and placed in conformity with the ordinances. Violations
of the ordinances may be subject to the enforcement provisions of this Code and all penalties permissible by
law. A variance that is granted under this section does not excuse prior violations including those that have
resulted or may result in enforcement action by the city.
(Ord. No. 1999-27, 8-12-1999; Ord. No. 2002-08, 5-9-2002; Ord. No. 2002-08 Variances, amended 8-29-2002;
Ord. of 8-11-2005; Ord. No. 14-2010, 8-26-2010; Ord. No. 57-A-2014, § 1, 12-11-2014 )
Sec. 3-080. - Off-street parking requirements.
(A)
In all zoning districts, handicapped parking shall be provided as required by the O.C.G.A. tit. 30,
Accessibility Code.
(B)
Residential district parking requirements and residential off-street parking requirements. Off-street parking
facilities shall be provided and maintained on site for all buildings, structures or premises being used in
whole or in part for residential purposes, or for any other use permitted in residential districts.
(1)
Residential dwelling units. For every dwelling unit, there shall be provided at least two off-street parking
spaces. A caretaker's cottage is a separate dwelling unit and shall be provided at least two off-street parking
spaces.
(2)
Nursing homes, hospitals. One parking space for each five patient beds, plus one space for each staff doctor,
plus one space for each employee on the largest shift.
(3)
Theaters, auditoriums, gymnasiums and other places of assembly. One parking space for each four seats
provided in the main auditorium or for each 50 square feet of floor area available for the accommodation of
movable seats in the largest assembly room or area.
(4)
Public and private elementary and secondary schools (except assembly halls, auditoriums and gymnasium
used in conjunction therewith). One parking space for each 200 square feet of gross floor area devoted to
such use.
(5)
Private docks. At least two off-street parking spaces must be provided for any private dock proposed for
construction on a lot that has not been otherwise improved. In the event that a private dock is proposed on a
lot that has not been improved, the parking must be off-street (not on city right-of-way) and pervious.
(C)
Control of access to structures used for residential purposes including but not limited to single family, duplex,
triplex, two family, multifamily, townhomes, apartments, time shares, and condominiums whether owner
occupied or held for rental. In order to promote the safety of motorists and pedestrians, the following
regulations shall apply to all newly constructed driveways:
(1)
A driveway opening which connects a lot with a public street shall not be greater than 25 feet in width at the
property line. Driveways that serve duplex lots shall not have a width greater than 15 feet per unit measured
at the property line. This section is not intended to prevent the installation of flared driveway ends. These
flared ends, when constructed in accordance with adopted standards and specifications, shall not count
towards the width of the driveway.
(2)
There shall be no more than two driveway openings on any lot of any width. The total of the widths at the
property line of two driveway openings shall not be greater than 25 feet.
(3)
No driveway opening shall be constructed within 25 feet of an intersection, measuring from the nearest
improved portion of the right-of-way. However, in any instance where there is not adequate space available
and other access is not feasible, staff may permit a reduction in the distance to an intersection from a
driveway in order to permit safe access to the property provided the speed limit on abutting or adjacent roads
is 30 miles per hour or less.
(4)
No curb on any city street or right-of-way shall be cut or otherwise altered without prior written approval of
the designated city official. Driveway requirements specified in this section, notwithstanding, staff may issue
a permit to a residential property owner to place approved materials in the city right of way, provided the
owner is informed and acknowledges that the city will maintain the right to initiate any required action within
the right of way and that permitting materials in the right of way shall not create any vested rights in the
property owner and such permission may be terminated at any time. In addition, such permit by staff may
only be made in the event the improvement does not create a safety issue or interfere with city metered
parking and does not violate any city ordinance including, but not limited to, the requirements of section 3-
165 to maintain 65 percent of the property setback area as greenspace. If the staff of the building and zoning
department finds that a request under this section needs or should have additional review for any reason, it
may request review by the mayor and council or, if the staff of the building and zoning department declines
the applicant's request, the applicant may apply for the granting of the permit which will result in the
application going to the mayor and council. However, before the mayor and council, a public hearing is not
required but action may only be taken at a public meeting of the mayor and council.
(5)
For water quality purposes, all newly -constructed driveways and replacements of more than 50 percent of
existing driveways serving residential uses shall be constructed of materials designed to allow retention of the
first one inch of stormwater. A new driveway includes the initial placement of any material on bare soil. Such
new driveways and replacements of more than 50 percent of an existing driveway are subject to permitting
and inspection(s). A permit and inspection(s) are also required for repair of less than 50 percent of an
improved driveway. The retention requirement is based on a 24-hour, 25 -year Tybee III SCS storm. A permit
is required for installation of a new or replacement driveway. An inspection is required of each layer prior to
the next layer being installed. The permit applicant shall be responsible for all engineering fees incurred by
the city for review of materials, even when a material is not approved. Acceptable materials include:
a
Stone must be either AASHTO #57, #67, #78, or #89 open graded with no fines, or pea gravel with no fines,
or a combination of two or more. Graded aggregate base (also known as "crusher run" or "crush and run") is
not allowed.
In
Standard brick pavers are four -inch by eight -inch with minimum five -sixty -fourths -inch average continuous
joints/borders with eight one -eighth -inch wide spacers per paver filled with masonry sand. See item (c) for
base and header requirements. If larger bricks are used, thereby creating less linear joint and surface area
joint, calculations by a state licensed design professional must be reviewed and approved by the city. See
engineering fee information in subsection (1) .
C.
Permeable interlocking concrete pavers (PICP) are solid structural units installed with openings as described
in the coastal stormwater supplement (CSS) through which stormwater runoff can rapidly pass into the
underlying reservoir of a four -inch minimum depth open -graded stone, no fines. Openings may be filled only
with pea gravel or larger stone, or with masonry sand. A concrete header curb or paver/concrete block ribbon
with a maximum width of eight inches must be installed around the perimeter of the pavers. Building
foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not
serve as a perimeter. Flush headers and ribbons are included in the driveway measurements. To not be
included in the driveway measurements a header or ribbon must be installed lower than the driveway pavers,
covered with adequate top soil, and seeded or sodded to facilitate vegetation.
91
Ribbon driveway designs are normally constructed of concrete but other materials may be considered. The
ribbons are to be a maximum of 18 inches wide with a one to two percent cross slope to route runoff to
adjacent pervious areas rather than down the strips to the street. The area between the strips may be either
grass or stone as described in subsection (a). The area between the drive strips is to be flush or one -eighth -
inch below the driving strip to encourage the percolation of stormwater runoff between the driving strips.
e.
Concrete grid pavers (CGP) are precast concrete units that allow rainfall and stormwater runoff to pass
through large openings that are filled with pea gravel, sand or topsoil and turf. A concrete header curb or
brick/concrete block ribbon with a maximum width of 12 inches (flush or one -eighth -inch higher than the
contained permeable pavement) must be installed around the perimeter of the permeable pavement. Building
foundations and garage floors may serve as a portion of the perimeter. The edge of a paved road may not
serve as a perimeter. Header and ribbons are included in the driveway measurements. To not be included in
the driveway measurements a header or ribbon must be installed lower than the driveway pavers, covered
with adequate top soil, and seeded or sodded to facilitate vegetation.
f
Plastic grid pavers (PGP) consist of flexible, interlocking plastic units that allow rainfall and stormwater
runoff to pass through large openings that are filled with gravel, sand or topsoil and turf. A header curb is
required and is included in the driveway measurement.
9.
Pervious concrete (also known as porous concrete) is similar to conventional concrete in structure and form,
but consists of a special open -graded surface course, typically four to eight inches thick, that is bound
together with Portland cement.
h.
Porous asphalt is similar to pervious concrete, and consists of a special open -graded surface course bound
together by asphalt cement.
For all other proposed materials, calculations are required from a state licensed design professional
demonstrating compliance with the retention requirement of this section.
(D)
Commercial off-street parking. Off-street parking facilities shall be provided and maintained for all structures
or premises being occupied or used in whole or in part for commercial activity as follows:
(1)
With the submission of an application for a business license for either a new business or a business that has
expanded the occupancy load of the principle structure, changed use, or created additional occupant loads
through other structures where permitting has been required by the city, a parking plan must be submitted
with the application for approval by the designated city official. If the plan represents significant changes in
parking, the plan may be determined to require site plan approval by the mayor and council.
Commercial Parking Requirements
Use
Parking Requirement
Retail (free standing)
1 space per 300 square feet of gross floor area
Shopping center
1 space per 400 square feet of gross floor area
1 space per every 6 seats based on a maximum seating of 15 square feet
Restaurants, bars, and similar
per person plus one space for every two employees. Maximum seating
capacity is calculated on entire seating area including outdoor seating.
Drive through business -no seating
1 space per employee, one space for customer waiting area, two spaces
per walk up window
1 space per 2 holes
Miniature golf
1 space per guest unit
1 space per managers unit
1 space per 2 employees per busiest shift
Hotel, motel
1 designated delivery/loading zone
Associated retail or restaurant/bar parking requirements shall be
calculated at 50% of requirement as listed elsewhere in this table
Recreational vehicle overnight hookups are prohibited
Grocery store
1 space for every 300 square feet of gross floor area
Office
1 space per 350 square feet of gross floor area
Assembly
1 space per 5 seats
Day care
1 space per employee plus 2 additional spaces
Beauty salon/barber shop
1 space per chair plus one space per every 2 employees
Public laundromat
1 space per 4 washing and/or drying machines plus 1 space per
employee
Auto repair/service center
3 spaces per repair bay
Dry cleaner
1 space per employee plus 2 additional spaces
Parking requirements for uses not listed shall be determined by the community development director by
determining most similar use
These requirements will only be applicable to new development or redevelopment after January 12, 2017.
(2)
For all uses, a rack able to accommodate eight bicycles may be substituted for one required standard parking
space based on the schedule below. The calculation to meet the handicap parking requirement of subsection
(A) shall be based on the number of required parking spaces prior to any rack substitution.
Required Parking Spaces
Number of Substitute
Racks Allowed
10 or fewer
1
11 —49
2
50 or more
3
(3)
Maritime district.
In
Parking shall be in conformance with the off-street requirements of the uses referenced in this section and the
required dimensions of section 3-090.
a
Dock operators must provide one parking space for every 20 linear feet of each side of dock designated for
recreational boaters. Docks leased to commercial boats must allow for one space per boat, plus one space per
crew member and one space per each four seats for charter passengers.
C.
All changes to parking in the maritime district that involve loading, unloading and transporting of boats will
require a parking plan submitted to the city detailing the turn radii of drive aisles.
(E)
Off-street parking dimensions.
Standard
Aisle Width
12 feet
24 feet
Parking Angle
Parallel
Parallel
Traffic Direction
One-way
Two-way
8 x 20 feet
8 x 20 feet
9 x 18 feet
15 feet
45 degrees
One-way
9 x 18 feet
18 feet
60 degrees
One-way
9 x 18 feet
24 feet
60 degrees
Two-way
9 x 18 feet
22 feet
75 degrees
One-way
9 x 18 feet
24 feet
90 degrees
One-way or two-way
Low Speed Vehicles & Golf Carts
Motorcycles & Scooters
(without a charging station)
Offset
6 x 11 feet
5 x 9 feet
Dimensions of angle parking spaces:
Angle
Distance from curb
Curb distance
Offset
45
15 feet
12 feet, 7 inches
15 feet
60
16 feet
10 feet, 4 inches
9 feet
75
17 feet
9 feet, 4 inches
4 feet, 6 inches
90
18 feet
9 feet
0
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(F)
Curb distance
offset
Exemptions from off-street parking requirements.
(1)
Existing structures with 2,000 square feet or less of floor area that exist in a C-1 zoning district may expand
the floor area up to 4,000 square feet without having to meet the off-street parking requirements as long as the
structure is completely located within 1,000 feet of a municipal parking lot.
(2)
A structure whose primary use is a church or place of religious worship shall be exempt from all off-street
parking requirements.
(Ord. No. 2000-08, 2-11-2000; Ord. No. 1995-17, 12-7-1995; Ord. Correction to dates, amended 4-14-2005;
Ord. No. 2004-12, amended 1-31-2005; Ord. No. 2004-10, amended 10-12-2004; Ord. No. 2004-10,
amended 6-10-2004; Ord. No. 2000-08, 5-24-2000; Manual, amended 11-10-1999; Ord. of 1-12-2006; Ord.
No. 13-2011, 4-14-2011; Ord. No. 04A-2013, 2-14-2013; Ord. No. 18-2013, § 1, 5-23-2013; Ord. No. 03-
2014, § 1, 1-9-2014; Ord. No. 28-2014, § 1, 4-10-2014; Ord. No. 1313-2014, § 1, 8-14-2014; Ord. No. 07 -A-
2015, -§-L, 4-23-2015 ; Ord. No. 02-2017 , § 1, 1-12-2017)