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HomeMy Public PortalAbout20180521_PC_PACKET.pdfPLANNING COMMISSION Demery Bishop Ron Bossick Marianne Bramble Tina Gann Charles Matlock David McNaughton Alan Robertson A. Call to order: CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw Planning Commission Meeting AGENDA May 21, 2018 — 7:00 p.m. For City Council Meeting June 14, 2018 — 7: 00 p.m. B. Consideration of Minutes: 1. Minutes of April 16, 2018 C. Disclosures/Recusals: D. Old Business: CITY ATTORNEY Edward M. Hughes E. New Business: 1. Zoning Variance: Upper deck, stairway in setback -1009 Second Avenue -4-0006-12-012 — Zone R-2 — Robert Morris. 2. Site Plan approval with Variance: Parking requirements/18" Front setback -Lot A Fifth Avenue — 4-0003-07-005 — currently Zone R -2/C-2 -Carrie Efird. 3. Site plan approval: Changes to site —1601 Butler Avenue — 4-008-18-004 —Zone C-1/SE - Bob Skinner (Arby's). 4. Text Amendment: Sec. 8-080 of the Land Development code regarding flood damage prevention. F. Standing Agenda Item: MPIC Update Adjournment: Lisa L. Schaaf PLANNING COMMISSION Demery Bishop Ron Bossick Marianne Bramble Tina Gann Charles Matlock David McNaughton Alan Robertson Planning Commission Meeting MINUTES April 16, 2018 CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw CITY ATTORNEY Edward M. Hughes Commissioner Bishop called the April 16, 2018 Tybee Island Planning Commission meeting to order. Commissioners present were Charles Matlock, David McNaughton, Ron Bossick, Marianne Bramble, Alan Robertson and Tina Gann. Consideration of Minutes: Chair Bishop asked for consideration of the March 19, 2018 meeting minutes. Vice Chair Bossick made a motion to approve Commissioner Matlock seconded, the vote to approve was four to approve, Commissioner Gann did not vote since she did not attend the March 19 meeting. Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. There were none. Old Business: Variance: Sec. 3-100. — Beach, dune, or vegetation disturbance/crossover maintenance and construction. —To build a retaining wall —1 Shipwatch Lane —4-0021-17-013—Debra Chester Mr. Shaw approached the Planning Commission and stated that he talked with the Engineer a couple times about getting more of an explanation on the plans, and only received the same plans larger. Mr. Shaw stated that he does have a little better understanding of the plans. It looks like there are additional slabs heading into the dune system behind the house and he could only support a retaining wall on the back of the house, but cannot support what appears to show eight to twelve feet coming into the dune system. Mr. Shaw also stated he thinks there are other ways to reduce the erosion. Ms. Chester approached the Planning Commission and stated she lives at 1 Shipwatch Lane. Ms. Chester stated that the hurricanes demolished her home and when the insurance agent came to look at it he stated that she should really do something about the shifting of the sand and the future storm surge, he suggested redoing the piers. Right now the dune is gone. The Engineer's proposal was to push the dune back up to the two foot height that it was previously and place a berm into the sand by the dune and the exposed two foot part would show under her house. She also stated that she is going to have gutters put on her house. Mr. Shaw stated that in his time with the City he has not approved any encroachments into a dune so he is reluctant to support it. Ms. Chester stated that maybe Mr. Shaw should look at the dunes again, and she also stated that her neighbors have put in walls for their erosion. Commissioner Matlock asked how much encroachment. Mr. Shaw stated about ten feet. Commissioner Matlock stated he does not see what Ms. Chester is asking to do on these plans. Mr. Shaw stated from what he sees it seems like more than what is necessary. Ms. Chester asked what she should do to get the dune back. Mr. Shaw stated our ordinance does not allow you to push the dune back up which is why she is asking for this variance and DNR would need to approve that if she goes beyond the flags. Ms. Chester asked what advice the Planning Commission could give her on what to do. Mr. Shaw stated he is not sure but one of the City's goals is to protect the dunes. Vice Chair Bossick stated a retaining wall only under your home and gutters would help tremendously and DNR could help with dune fencing. Chair Bishop stated that the Planning Commission cannot approve this variance without a plan that is clearer. Commissioner Robertson stated Ms. Chester needs to get a clearer drawing of a retaining wall then we could approve. Commissioner Bramble stated this should have been looked at by the developer of the property from the beginning. Commissioner Gann asked if there is something they could do to help this process along because hurricane season is approaching and the house is still exposed. Mr. Shaw stated to that it would be helpful for her Engineer to attend the City Council meeting to explain the drawings. Ms. Chester stated that she cannot afford to have the Engineer come to the meeting and she thinks all of it is overkill. Commissioner Robertson made a motion to deny Commissioner Bramble seconded the vote was four to approve Vice Chair Bossick, Commissioner Bramble and Commissioner Matlock and two opposed Commissioner Gann and Commissioner McNaughton, the vote to Deny carried. New Business: May and text Amendment: Rezone 2 parcels —Lot E Fifth Avenue -4-0003-07-009 —Zone R -2/C-2 —Lot A Fifth Avenue -4-0003-07-005 —Zone R -2/C-2 —Carrie Efird —Amendment to Article 13 of the Land Development Code. Mr. Shaw approached the Planning Commission and stated that the City created the C-2 corridor by measuring a line from the right of way of Highway 80 irrespected of property lines which is not really standard zoning procedure so that is why these two lots have split zoning which is partly C-2 and partly R-2. He stated that these parcels are empty currently with marsh behind the lots and a commercial building on the other side. They wish to have them solely zoned C-2 and because they are isolated from residential structures staff supports the request. Commissioner McNaughton asked how far back the C-2 zone goes on the parcels. Mr. Shaw stated he brought the map for the Planning Commission to see; it is about two third C-2 and one third R-2. Commissioner McNaughton stated what appears to be the controlling code is 4-040 which reads, "In most instances zoning district lines on the zoning map are drawn to follow streets land lot lines property lines and other natural divisions in the event a zone line should divide a lot orparcel of land the entire lot or parcel shall be considered to be that of the least intense land use classification." Mr. Shaw stated that Mr. Hughes, the City Attorney, has stated that residential would be the least intensive use and the property as it sits now with the split would have to be used as residential, but it can be rezoned as a single zone which is what the applicant is asking. Ms. Galloway approached the Planning Commission and stated she lives at 153 Lewis Avenue and she would like to see the parcel stay residential. Ms. Efird the Applicant approached the Planning Commission and stated that the R-2 part of the lots are mostly marsh and that area is not developable the C-2 part which is roughly one third is the C-2 area. She also stated that they purchased these lots as C-2 and the appraisal, the title search and what was noted through SAGIS were all C-2, it wasn't until a month ago that the split zoning came up. Ms. Galloway approached the Planning Commission again and stated she feels like if the R-2 is so unbuildable why not just keep it like it is, there is a lot of residential around that area to. Commissioner Matlock made a motion to approve Commissioner Robertson seconded and the vote to approve was unanimous. Commissioner Robertson made a motion to approve the text amendment and Commissioner Gann seconded the vote to approve was unanimous. Standing Agenda Item: Commissioner Robertson stated that in the master plan there are very clear neighborhood area characteristics, one of them is the commercial gateway in the area that is being discussed tonight and there are others about eight or nine. He would suggest to look at the neighborhood so it would not be island wide but within the context of a neighborhood and identify the problem properties and understand what the issues are and present them to council. He stated the ordinances also need to be looked at and addressed if needed. In addition, he stated they would need to seek City Councils direction on whether they want them to look at these. Meeting adjourned 8:30pm Lisa L. Schaaf F CITY OF TYBEE ISLAND ZONING VARIANCE APPLICATION �X Applicant's Name Fo � e - i^ +- AA -o Y r f' Address and location of subject property PIN 1009 Lee - Commercial $500 Residential $.200 V- dda&--1-'1--a 1-'1-m;L Applicant's Telephone Number q /a " � S- 7 T � Applicant's Mailing Address Sa Rv- A, -J R �e ye Brief description of the land development activity and use of the land thereafter to take place on the property: Explain the hardship ,qaUJLO;- -/v de -A f` r sR�'e�y reosa Property Owner's Name e4�D� �-vf-7l-ed a //esdPc&. z�- 1:J Telephone Number- 2 Property Owner's Address Is Applicant the Property Owner? Yes No If Applicant is the Property Owner, Proof of Ownership is attached: Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property ?�e ;4dakb &rent Use �� 4vl 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 form attachment hereto: '-Yes ignature of Applicant Date NOTE: Other specific data is required for each type of Variance. ............... ..................... .......................... ........................... ............... ................. ....... ............................... ...........--................................. . Fee Amount $ City Official Check Number Date NOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below. REFERENCE DESCRIPTION 5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions. 5-040 (D) (2) A survey of the property signed and stamped by a State of Georgia certified land surveyor. 5-090 (A) (1) That there are unique physical circumstances or conditions 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; 5-090 (A) (2) That 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. NOTE: Provide attachments illustrating conditions on surrounding properties and on the subjegLproperty, indicating uniqueness, etc. 5-090 (B) If this variance application is for a Height Variance, No part of any structure shall project beyond 35 - feet above the average finished grade of a property except: chimneys, flues, stacks, heating units, ventilation ducts, air conditioning units, gas holders, elevators, and similar appurtenances needed to operate and maintain the building on which they are located. 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. The Applicant certifies that he/she has read the requirements for Variances and has provided the required information to the best of his/her ability in a truthful and honest manner. Signature of Applicant Date 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's ✓� Printed Name l—& -a XAe) rr"> Date Z Z J See. 5-090. Variances. (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 item (1) below. (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 finished grade of a property except: (I) chimneys, flues, stacks, heating units, ventilation ducts, air conditioning units, gas holders, elevators, 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 the 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 of 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. If the staff of the building and zoning department finds that the request needs or should have additional review for any reason, it may request review by the planning commission and if the request is approved or rejected by the planning commission then the planning commission's determination shall control. For purposes of this section, a public hearing before the planning commission shall not be necessary. If the staff of the building and zoning department declines an applicant's request the applicant may apply for the granting of a variance which will follow the procedures applicable to variances in general specifically, those procedures described in sections 3-020 and 3-090 as well as the public hearing requirements referred to in section 5-060. In the event the staff request review by the planning commission and the planning commission rejects the request, the applicant may apply for the granting of a variance and follow the procedure applicable to such request before mayor and council. (F) Compliance with ordinances. Notwithstanding any other provision of the 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 Ordinance does not excuse prior violations including those that have resulted or may result in enforcement action by the City of Tybee Island. Chatham County Board of Assessors: 2017 Property Record Card 4-... http://boa.chathamcounty.org/DesktopModules/CbathamCounty/Boar... 2017 Chatham County Board of Assessors Property Record Card APPRAISER AVMARCAN LOT 61A WARD 3 SAVANNAH BEACH TYBEE ISLAND LAST iNSP 02/12/2016 APPR ZONE 000008 SALES BOOK! INS VI QU RSN PRICE PAGE 28 Feb 368C 177 WD I U IA 225,000 2011 GRANTOR:SUWALA & KRATZER DEBORAH& GRANTEE:MORRIS ROBERT C JR 01 Sep CIVIL DR06 NA I U UG 2006 0852 GRANTOR:KRATZER DEBORAH L & JASON D' GRANTEE:SUWALA & KRATZER DEBORAH& 11 Feb 232J 0883 NA I U UG GRANTOR:SUWALA & KRATZER DEBORAH& GRANTEE.-KRATZER DEBORAH L & JASON 12 May 212C 514 WD 1 Q 152,000 2000 GRANTOR:HAYMANLESTER GRANTEE:SUWALA & KRATZER DEBORAH& PERMITS TYPE DATE AMOUNT 170090 GM 31 Jan 2017 Issued 32,500 160459 RN 30 Sep 2016 Comp 410 150598 GM 05 Feb 2016 Comp 7,000 130783 RF 05 Nov 2014 Comp 150 120552 AD 14 Nov 2013 Comp 50,000 11-0078 GM 21 Dec 2011 Comp 400 11-0275 GM 21 Dec 2011 Comp 2,500 COMMENTS: CAMA 16 Feb 2016 0006 RESIDENTIAL 18 Nov 2013 11114113- UIC CODE REMOVED 161,200 FOR COMPLETION, S10 SAVANANH GA 31402 ADJUSTED FOR THE FULL AMOUNT. TY 12 PART OF IT EXEMPTIONS WAS ADDED FOR THE 86,700 ADDITION. 13 Jan 2012 TY12 HS 10S ENT FOR ROBERT MORRIS 07 Jun 2011 TY2012 HS I OS RMVD 247,900 KRATZER 28 Feb 2011 TY11 RET VAL ENT 08 Feb 2011 TY011 PER DIVIDECREE 18 Jun 2007 ADD CHG PIO 10-26-1999 SSB 18 Jun 2007 ADD CHG PER PIO 611817 DLB 21 Aug 2002 'TY03 SURVS 24 Apr 2001 CODE1 OS ENT 04-24-01 /BS 09 Oct 2000 TY2000 HS10 REMVD NJV 10-9-00 04 Apr 2000 FOR SALE 3/31100 $150,000 4-0006-12-012 1009 2ND AVE TYBEE ISLAND MORRIS ROBERT C JR CAMA ASMT 0006 RESIDENTIAL PO BOX 1965 161,200 161,200 LAND 1 SAVANANH GA 31402 020225.00 T225 TYBEE INNER EXEMPTIONS 86,700 86,700 BLDG 1 OBXF 0 247,900 247,900 Cost - MS LAND - ID# USE DESC FRONT DEPTH UNITS/TYPE 109775 SINGLE FAMILY RES 60 79 1.00 -LT GAGIS PRICE 161200.00 CODES PROPERTY 0006 RESIDENTIAL USE UTA 0004 Tybea Island NBHD 020225.00 T225 TYBEE INNER EXEMPTIONS S1 L1 L9 L8 HISTORY LAND IMPR TOTAL 2016 161,200 74,400 235,600 Cama 2015 161,200 82,900 244,100 Cama 2014 161,200 86,200 247,400 Cama 2013 161,200 78,900 240,100 Cama 2012 167,828 60,072 227,900 TRAIN 2012 167,828 60,072 227,900 TRAIN 2011 161,200 57,700 218,g0o Cama 2010 282,000 89,800 371,800 Cama 2009 282,000 94,000 376,000 Over 2008 282,000 94,000 376,000 Cama 2007 282,000 94,000 376,0oo Cama 2006 282,000 86,000 368,000 Cama 2005 262,500 AIC 2004 89,500 127,000 216,500 Cama 2003 71,000 78,500 149,500 Cama 2002 71,000 78,500 149,500 Cama 2001 151,000 AIC 2000 55,000 72,000 127,000 Cama 1999 31,500 72,000 103,500 Cama 1998 102,000 A/C 1997 31,500 65,500 97,000 Cama 1996 15,000 50,070 65,070 Cama 1995 15,000 52,220 67,220 Cama 1994 15,000 44,820 59,820 Cama 1993 15,000 41,090 56,090 Over 1992 15,000 41,090 56,090 Over ZONING LCTN TOPO OTHER ADA ADJ2 ADJ3 ADJ4 MKT VALUE R2 161200 of 2 05/09/20 i R 1 n- 51 AM Matham County Board of Assessors: 2017 Property Record Card 4-... http://boa.chatharncounty.org/DesktopModules/ChathamCounty/Boar... 2017 Chatham County Board of Assessors 4-0006-12-012 Property Record Card 1009 2ND AVE TYBEE ISLAND BUILDING SECTION CONSTRUCTION TYPE RCN AYB EYB DEP TYPE PHYS ECON FUNC OBSV ! k TOTAL DEP % RCNLD U.FACTpR MKT VAL 88387-1.2017 Residential 123,007 1955 1980 MS 47.00 0.00 0.00 0.00 47.00 65,194 86,700 -------------------------------------------- -- ------zfi--------------------------------------------- _ SECTION TYPE 1 - Main . m AREA 1584 2" Or—A— TYPE 1 - Single-family Residence an ux IM FRAME 1 -Stud Frame Twn STYLE 5 - 1 112 Story Finished 3rz QUALITY 3.00 CONDITION 3.00 # UNITS 0 31' mu 25, # OF BEDS 1 BATHS 312.00 - - J]H l)SY w. 111 11441 •y COMPONENTS Units %n QUAL i R1 118 Frame, Cement Fiber Siding 100,00 R2 214 Metal, Preformed 100.00 R4 402 Automatic Floor Cover Allowance lu 1 ■ vD R6 601 Plumbing Fixtures (#) 8.00 eK1—d Pa h. - d win 260 R6 602 Plumbing Rough -ins (#) 1.00 ° R6 622 Raised Subfloor (% or SF) 100.00 s26' '-------------- -- ------------------ - -- _.-------------------------------- R6 641 Single 1 -Story Fireplace (#) 1.00 larger Click far ger jpicture] R11 903 Wood Deck (SF) 80.00 MBNV R11 907 Enclosed Porch (SF), Screened Walls 260.00 ) of ? 05/09/2018- 10:51 AM 24 April 1018 To Whom It May Concern: First and foremost, I would like to personally apologize to the City of Tybee Planning Department, Planning Commission and City Council for neglecting to obtain a building permit for what we believed would be minor repairs to our front porch and deck. (We did apply for and receive a permit for our kitchen remodel.) However, when the contractor removed the boards to be repaired he quickly discovered the deck, roof and ladder to the deck were rotted all the way through and presented pressing safety issues for his crew and our family and needed to be acted upon immediately. In addition, the previous railing to the deck was not up to code and has also been replaced making it safe for occupancy. Although not approved for occupancy at that time it was built in 2011, it was approved for access to maintain the deck and roof. However, now that I am the father of three children living in the house, I found it necessary to make the deck secure in the advent children did access it without my knowledge which also influenced by decision and request to remove the ladder and install a stairway. Therefore, under Sec. 5-090 (A)(1) which provides for "physical considerations" such as "safety", 1 respectfully request this variance be granted. Included in this variance application/request is a recent survey conducted by Hussey, Gay and Bell showing a preexisting outdoor shower and shed that both extend beyond the deck stairway in question. There is also evidence on the property that a driveway and carport or overhang of some sort existed on this side of property decades prior. The previous and existing structures constitute historical precedent if not "historical significance" of current and previous use within the setback requirements. I understand that the nonconforming use and structures do not constitute a unique physical circumstance, but they do clearly show that it is and has been necessary since the house was built in 1950 to use this side of the lot for access due to the narrow lot shape and width of the house. Thus, under Sec. 5-090(A)(1) which provides for "unique physical circumstances or conditions or considerations" such as "narrowness" of the "lot shape", I respectfully request this variance be granted. In addition, Sec. 5-090(A)(2) mentions "physical circumstances or conditions or considerations" that make it so the "property cannot be developed in strict conformity" without "undue hardship to the property." Once again, due to the width of the house which was built prior to current setbacks, the other side or north side of the house cannot provide access to the deck because it is closer to the property line than the side which has the historical usage as abovementioned. Thus, under Sec. 5- 090(A)(2), I respectfully request this variance be granted. One last "physical consideration" related to the "environment" as provided for in Sec. 5-090(A)(1) is the ultimate use of the stairway and deck. As a professional artist whose work has appeared in museums around the country (robertclaibornemorrisart.com), living on Tybee has been an incredible inspiration for my work. I hope this deck, safely built and accessible, will provide a unique environmental perspective for many of my future paintings that I believe will bring benefit to our community in the years to come. Thus, under Sec. 5-090(A)(1) which provides for "physical considerations related to the environment", I respectfully request this variance be granted. Thank you for your time, service and consideration. Robert Morris 10092 d Ave 912.414.3844 HUSSEY GAY BELL Established 7958 329 COMMERCIAL DRIVE, SAVANNAH, GA 31406 / T:912.354.4626 4" SQ. WOODEN SHED CMF 59.89' N10' 01' 36"E I COVERED PORCH 77\77=�_:] 1 13.41' OUTDOOR SHOWER FRAME RESIDENCE ! 4" SQ. CMF 2.50' 1 ROBERT MORRIS 9.37' 1009 2ND AVENUE I"RIooO 9.53' I�_ I0 o bel — -co°� f� N 0p Ir - 12.88' I V) ao9.34' I I SCREENED WOODEN 1 IN PORCH STAIRCASE I I 4" SQ. CMF 1 S10' 09' 59"W 59.85' 4" SQ, CMF 2ND AVENUE o R GJ EASE ZONE N Pp 55 �15TE1p 9 4No. 31a�� THIS IS ONLY AN EXHIBIT. THIS D NoR�H _ G�. �r PROFESSIONAL SURVEY IS NOT ELIGBLE FOR s R`���o RECORDING. \\THAA N $4 EXHIBIT SHOWING IMPROVEMENTS RELATIONSHIP TO THE NORTHEAST PROPERTY LINE. CITY OF TYBEE ISLAND, CHATHAM COUNTY, GEORGIA FOR ROBERT MORRIS FIELD SURVEY DATE: APRIL 19, 2018 PLAT DATE: APRIL 19, 2018 LEGAL NO' CITY or• rnsEE isi. S44 -q'73,0 MIT No .REAS, VIOLATIONS O J*F THE CODE OF THE CITY OF F.E ISI.AI+�D BEEN F0UND, NOTICE IS HEREBY NS ClEASF. DESIST FROM NND STOP XV()RK { Al OW , R�FAIY, OR 7 131 164".- PERMIT 1'crMit }andm r: /f7-050go" Iuen1Y:ur: 'ObI4,li Jut, Od"', /0 / A IL'� ris., ..drrtn Type of ►Turk: _ Flood Zone (if aPpircuhic'1' _ To avoid ' isible from Si l� s, ' F k' mf.[ � r � F" mow: P P A I K _ � r, rte• r� RJ rte' r 'i't ` n E 0 CITY OF TYBEE ISLAND, GEOR . _A APPLICATION FOR BUILDING PERMIT Location: /o 49 - rcc-o N 0 /J a 6 - NAME PIN # ADDRESS TELEPHONE Owner R�)bxw f /W.71t,% o /0°J A06. 14 — 65 Architect or Engineer Building Contractor 060 r -h (Check all that apply) ❑ Repair Residential ❑ Renovation ❑ Single Family ❑ Minor Addition ❑ Duplex ❑ Substantial Addition ❑ Multi -Family EV Other C x-�� ❑ Commercial ❑ Footprint Changes ❑ Discovery ❑ Demolition Details of Project:_S'G/'���r�✓ yrs PJ(1c,4 LZ t„» D,2� f (,J/4 L 14 Estimated Cost of Construction: $ ;9�, !�) a Construction Type J (Enter appropriate number) (1) Wood Frame (4) Masonry (2) Wood & Masonry (5) Steel & Masonry (3) Brick Veneer Proposed use: Remarks: (6) Other (please specify) ATTACH A COPY OF THE CERTIFIED ELEVATION SURVEY OF LOT and complete the following information based on the construction drawings and site plan: # Units # Bedrooms # Bathrooms 2► During construction: On-site restroom facilities will be provided through 0L J.)e,(- On-site waste and debris containers will be provided by C9 (,vie^ Construction debris will be disposed by JWaeh by means of SCA , ( I understand that 1 must comply with zoning, flood dams e control building, fire shore C_�A protections and wetlands ordinances, FEMA regulations and all applicable codes and regulations. I understand that the lot must be staked out and that the stakes will be inspected to ensure that the setback requirements are met. I understand also that a certified plot plan showing elevation must be attached to this application and that an as -built elevation certification is due as soon as the habitable floor level is established. Drainage: I realize that I must ensure the adequacy of drainage of this property so that surrounding property is in no way adversely affected. I accept responsibility for any corrective action that may be necessary to restore drainage impaired by this permitted construction. Date: 1 Signature of Applicant: Note: Apermit normally takes 7 to 10 days to process. ------------------------------------------------------------------------------------------ The.�ollowing is to be completed by 04, personnel: Zoning certification Approved rezoning/variance? Street address and number: New Is it in compliance with City map? If not, has street name and/or number been reported to MPC? FEMA Certification attached State Energy Code Affidavit attached Utilities and Public Works: Describe any unusual finding(s) Access to building site Distance to water main tap site Distance to sewer stub site Water meter size Storm drainage _ NFIP Flood Zone Existing Approvals: Signature Date FEES Zoning Administrator [Permit _�5' .._�_....._,_. ... _ ._ i i �., _ � .\ �� -� , t --- ------_.__.... �...�_------------�--_-- a-- -- .� �, I I � i � I !; 1 _ ' � „' , ,. -----_-- � . � '/ i ; '- - _ � i ;- i f � ,; ALL ONrION MUST COM, CS' '40 TH, 0� � W � Q TWO FAMILY Oft-lupiq 'UiPON NO STATE OF GEORGIA AMENDMENTS F - ALS r SSTD_ BIND THP AND STATE OF QEURriIA AMEHOW0i 15 f 0 C v i L- uv ()I: 711� --r L ( ALL CON.SypocTION MUST COMPIx Wrrfq SSTC FAMILY QINE' .4mu, Tw() AND STAT� ONP A AMEROMENTP ALL OLSN' RPR Tl% MUST eWl � `.YITH THE SSTG i e_aq. AD ?H'r. -RC- ,sill; TWO FAMILY C1WFLFILINa CODE__. ZoO`. =DITION AND STATE OF GEORGIA AMENDMENTS Ma9�` 5Gp sl 1 •An A:p%ousd Set J lists MFJrt Reim ,n o-i,ob Cite at Al,17'l[t 0E` yrs/ya,c, d/ s'/y' 0. C- Z; -4s 1"C).c �i$dy Dc ii CMF LOT 61—B N 18°23'35"E 59.93' 1.6' CMF WOOD. c? TUB BLDG. 13 m � ;`- c0 r- LOT 61-A IAT 62—A 2 STORY W z LOT 60—A z BRICK & FRAME HOUSE i o in I z 0 o � u7 z STONE PORCH o 0 i � f N � O cli ci N 18°22'51"E CMF, 60.02�� CMF _ _ MF 240' S 18"30'00" W 59.83' SECOND AVENUE 60' R/W PLAT OF LOT 61-A WARD NO. 3, TYBEE Date: '7 1 Name: �L3 --e } Homeowner Affidavit Telephone Number: /;), - � S'? — �-/ 2-20 Address of Project: /0p 7 �7) 1IA 1r�'IA/ I/L -L_ To Whom It May Concern: I do hereby certify that I am the owner of the above referenced dwelling and am requesting the right to perform the work detailed on the attached application. This is a single-family dwelling and I am now (or will be, when the construction is complete) residing at this location. I understand it is a violations of State law for me to hire anyone to assist me in this task. I understand than any violations of this agreement will be just cause for the permit to be voided and legal action may be taken against me which could result in my loss of electrical service. Signature of Owner: (do not sign until in the presence of Notary Public) SUBSCRIBED TO AND SWORN BEFORE ME THIS DAY OF: M , 20-d—, NOTARY PUBLIC My Commission Expires DEBRA H. WYNN Chatham County Board of Assessors: 21' 1 Property Record Card 4-0006-12-01? 2011 Chatham County Board of Assessors Property Record Card APPRAISER nsanders LOT 61A WARD 3 SAVANNAH BEACH TYBEE ISLAND LAST INSP 05/17/2007 APPR ZONE 000008 ,SALES BOOK/ INS VI QU REN PRICE PAGE 01 Sep CIVIL DR06 NA I U UN '2006 0852 GRANTOR:KRATZER DEBORAH L & JASON D' GRANTEE:SUWALA & KRATZER DEBORAH& 11 Feb 232J 0683 NA I U UG 2002 GRANTOR:S41WALA & KRATZER DEBORAH& GRANTEE:KRATZER DEBORAH L & JASON J 12 May 212C 514 WD I Q 152,000 2000 GRANTOR:HAYMAN I.ESTER GRANTEE:SUWALA & KRATZER DEBORAH& COMMENTS: :28 Feb 2011 TY1 i RET VAL ENT 08 Feb 2011 7Y011 PER DIV/DECREE 18 Jun 2007 ADD CHG P/O 10-26-1999 SSB' 18 Jun 2007 ADD CHG PER PIO 611817 DLB 21 Aug 2002 'TY03 SURVS 24 Apr 2001 CODEI0S ENT 04-24-01/13S 09 Oct 2000 TY2000 HS10 REMVD NJV 10- 9-00 04 Apr 2000 FOR SALE 3131/00 $150,000 j EXTRA FEATURES 161,200 ID# BLDG# SYSTEM DESC 138528 85387 WOOD DECK AV 282,000 WOOD BECK 138529 85387 WSC BUILD. AV 12009 WOOD DECK Page 1 of 2 4-0006-12-012 1009 2N1DAVE TYBEE ISLAND_ SUWALA & KRATZER DEBORAH& CAMA ASMT 9305 WALDEN PARK DR 161,200 161,200 LAND 1 SAVANNAH GA 31410-4920156,900 56,900 BLDG 1 1800 800 OBXF 2 218,900 218,900 Cost - M5 (Click for larger picture] I _ o,.:D S' 6 4o-0 1 D `i S 2, -C) D CODES PROPERTY 0006 RESIDENTIAL USE UTA 0004 Tybee Island NBHD 020225.00 7225 TYBEE INNER EXEMPTIONS Li L9 S1 L8 HISTORY LAND IMPR TOTAL !2011 161,200 57,700 218,900 Cama 12010 282,000 89,800 371,800 Cama 12009 282,000 94,000 376,000 Over N 12008 282,000 94,000 376,000 Cama 12007 282,000 94,000 376,000 Cama 2006 282,000 86,000 368,000 Cama 12005 262,500 A/C :2004 89,500 127,000 216,500 Cama 2003 12002 71,000 78,500 149,500 Gama 71,000 78,500 149,500 Cama 12001 151,000 A/C 2000 55,000 72,000 127,000 Cama '1999 31,500 72,000 103,500 Cama 1998 102,000 A1C 11997 31,500 65,500 97,000 Cama 11996 15,000 50,070 65,070 Cama 11995 15,000 52,220 67,220 Cama 11994 15,000 44,820 59,820 Cama 11993 15,000 41,090 56,090 Over 1992 15,000 41,090 56,090 Over DIM 1 DIM 2 UNITS QL UNIT PRICE RCN AYB EYB DT ECON FUNC SP SP% RCNLD MKT VALUE 10 26 260.00 A 7.98 2,075 1975 1975 2R 415 400 10 12 120.00 A 15.05 1,806 1970 1970 2R 361 400 LAND IDYL USE. DESC FRONT DEPTH UNITS 1 TYPE PRICE ZONING LCTN TOPO OTHER ADJ1 ADJ2 ADJ3 ADJ4 MKT VALUE i109775 SINGLE FAMILY RES 60 79 4,740.00 -SF 34.00 R2 161200 Chatham County Board of Assessors: 21" 1 Property Record Card 4-0006-12-012 Page 2 of 2 2011 Chatham County Board of Assessors 4-0006-12-012 Property Record Card 1009 2ND AVE TYBEE ISLAND BUILDING SECTION 'CQNSTRUCTION TYPE RCN AYB EYB DEP TYPE PHYS ECON FDNC OBSV I% TOTAL DEP % RCNLD . U -FACTOR MKT VAL 85387-1 Residential 89,905 1955 1975 MS 45.00 0.00 0-00 0.00 45.00 49,448 -------------- ----•--------- 56,900 r------ -----------------------..----------_-------- .......... Rico Pne [AvoE.iru 'SECTION TYPE 1 - Main it.' uo i AREA 1372 !TYPE 1 -Single-family Residenr-e "'"o-", �3a FRAME 1 - Stud Frame STYLE 1 - One Story QUALITY 3.00 ia' xe CONDITION 3.00 ' I# UNITS 0 !# OF BEDS 1 BATHS 11.00 :COMPONENTS Units % QUAL R1 108 Frame, Siding, Wood 100.00 R2 208 Composition Shingle 100.00 t R4 402 Automatic Floor Cover Allowance i R6 601 Plumbing Fixtures (#) 5.00 IR6 602 Plumbing Rough -ins (#) 1.00 \5'CG R6 622 Raised Subiloor (% or SF) 100.00 n iR6 641 Single 1 -Story Fireplace (#) 1.00 P '`',iii Y �j pol! I �� •H ,��.�.\�{y Gam` �Y DATE ISSUED: 05-11-2011 WORK DESCRIPTION WORK LOCATION OWNER NAME ADDRESS CITY, ST, ZIP PHONE NUMBER CONTRACTOR NAME ADDRESS CITY STATE ZIP FLOOD ZONE BUILDING VALUATION SQUAREFOOTAGE OCCUPANCY TYPE TOTAL FEES CHARGED PROPERTY IDENTIFICATION # PROJECT VALUATION CITY OF TYBEE ISLAND BUILDING PERMIT SCR.PORCH WIDEC WDWS WALK 1009 SECOND AVE ROBERT MORRIS 1009 SECOND AVE TYBEE ISLAND GA 31328 ROBERT MORRIS 1009 SECOND AVE TYBEE ISLAND GA 31328 P $ 73.00 $2,500.00 PERMIT #: 110275 TOTAL BALANCE DUE: $ 73.00 It is understood that if this permit is granted the builder will at all times comply with the zoning, subdivision, flood control, building, (ere, soil and sedimentation, wetlands, marshlands protection and shore protection ordinances and codes whether local, state or federal, including all environmental laws and regulations when applicable, subsequent owners should be informed that any alterations to the property must be approved by the issuance of another building permit. Permit holder agrees to hold the City, of Tybee Island harmless on ant, construction covered by this permit. This permit must be posted in a consplcuous location in the front of building and protected from the weather. If this permit is not posted work will be stopped. The building contractor will replace curb paving and gutter broken during construction. This permit will be voided unless work has begun within six months of the date of issuance. G`.., City of `lybee Island • Community Development Dept.tz r`Y. Inspection Report 463 Butler Ave. • P.O. Box 2749 Tybee Island, GA 31328-•—�..� -' Phone 912.786.4573 ext. 114 Fax 912.786.9539 CoE EMUNCIV MEMBERPermit No, 1 2�"'N Date Requested I 2 r Owner's Name �rr- r j Gen. Contractor Contact Information Project Address Scope of Work Date Needed 3 Subcontractor 4 Jt -.Cj rs cj � I k— � r , Inspector %i Date of Inspection __.. I JZ- F f Inspection Pass - Inspection Pass Fail Fee 0- 1- 11 /Ar, Inorr:S ❑ ❑ bQ I C�L pC C- � O n Gi`�-� (_,1 t o !� J Q CL l `i'U Q C G tf 1n 10 P GLA C Inspection Pass n r\ CQ� C- .3c vJa 53-5).r `� 53 Fail 9 Fee Inspection Pass ❑ Fail ❑ Fee Gen. Contractor Subcontractor Contact Information t_.��i r Project Address fc. U L - -�f_ �..I�, Scope of Work Inspector Date of Inspection ' `, /% J Inspection � ..: " 1._7 " � Passs� Fail El Fee I's 61 Inspect Inspection Pass ❑ Fail ❑ Fee Pass 1:1 Fail ❑ Fee City of T vee Island • Community Develo i. int Dept. ,* \r, Inspection Report Oak 403 Butler Ave. • P.Q. Box 2749 Tybee Island, GA 31325 l==A l; TIN `_r-- Phone 912.756.4573 ext. 114 Fax 9 .2.786.5539 A1111asi C DECOUMCI J / i6E_MB ER Permit No. %! �` 7� Date Requested /J/ •� Owner's Name �1::%�-�wl� � Date Needed /'�Z;� Gen. Contractor Subcontractor Contact Information t_.��i r Project Address fc. U L - -�f_ �..I�, Scope of Work Inspector Date of Inspection ' `, /% J Inspection � ..: " 1._7 " � Passs� Fail El Fee I's 61 Inspect Inspection Pass ❑ Fail ❑ Fee Pass 1:1 Fail ❑ Fee STAFF REPORT A PLANNING COMMISSION MEETING: May 21, 2018 CITY COUNCIL MEETING: June 14, 2018 470 a-K LOCATION: 1009 2nd Ave. PIN: 4-0006-12-012 APPLICANT: Robert Morris EXISTING USE: Single family dwelling ZONING: R-2 OWNER: Robert Morris PROPOSED USE: Single family dwelling USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Inland Cottage Neighborhood APPLICATION: Zoning Variance (5-090) from Section 3-090 Schedule of development regulations. PROPOSAL: The applicant is requesting setback variance to add steps extending approximately 0.66" into the side yard setback. ANALYSIS: The applicant is requesting to change the front entrance for aesthetic reasons. Variance standards require that the applicant meet the following conditions: (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, or considerations related to the environment or the safety, or to historical significance, that is peculiar to the particular property; and, (2) That because of such physical circumstances or conditions, 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. This variance does not meet the above criteria. The applicant had a deck over a screened porch that was considered not habitable by the inspector when it was built in 2011. The deck is not accessible from the home. We have been told it was previously accessed from a ladder. No permit was applied for to work on the deck or build the stairs. Our inspector has no knowledge of whether the deck meets current building codes as he does not know how it is attached to the home. This deck and stairs are not necessary for egress from the home. This deck would only be used for recreation purposes. The Comprehensive Plan describes the Inland Cottage Neighborhood as follows: This character area describes the traditional neighborhood along the west side of Butler, which contains narrow, tree -lined streets laid out in a grid pattern. The area is varied in land use as it contains permanent residential properties, multi family homes, rental properties, parks, low -impact commercial establishments, and public buildings. Comprehensive Plan — Community Character Area The Inland Cottage Neighborhood Sec. 12.6 Recommended Development Strategies Meets Strategy YW or N/A 1. New development, redevelopment, and restoration should be consistent with the existing character of the area in terms of mass, scale, use and density y 2. Permit only compatible uses including low density residential, public/institutional, and low impact commercial y 3. Develop and implement design and architectural standards N/A 4. Implement streetscape improvement to improve the pedcstrian/bicycle environment and encourage safety and mobility N/A 5. Historic structures in this area should be restored and/or preserved whenever possible N 6. The City should provide appropriate incentives for historic restoration projects N/A 7. STAFF FINDING This application does not meet the defined criteria for a variance. There is clearly no hardship as the lot is fully developed and usable without access to this deck. Staff recommends denial of the petition. ATTACHMENTS A. Variance application (5 pages) B. Survey (1 page) C. Site Plan (1 page) D. SAGIS map (1 page) 2 This Staff Report was prepared by George Shaw. Situ Commercial $500 CITY OF TYBEE ISLAND Residential$zs0 SITE PLAN APPROVAL WITH VARIANCE APPLICATION varieFee Ell be �OrO low � • Cornmercial $s00 ff-S Residential $200 Applicant's Name Address and location of subject property —CFO Sf,2C�T�➢�L'�� PIN --QApplicant's Telephone Number( Z�5 5B Applicant's Mailing Address R) -4a— '+ I5LAN6 z Brief description of the land development activity and use of the land thereafter to take place on the property: � tiw Nl�(z Explain the requeste Explain the hardship Property Owner's NameLip Telephone Number LcilZ) Property Owner's Address _10 i0 l s f -W y gc-) Z �Pa tftx d-0� Is Applicant the Property Owner? 7&— Yes No If Applicant is the Property Owner, Proof of Ownership is attached: V 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 PropertyG 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. Signature of Applicant 04 Ig -5 ( ) Date NOTE: Other specific data is required for each type of Site Plan Approval with Variance. ............................................................................................................................................................................................................................. Fee Amount $ City OlfIcial Check Number Date NOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below. V" 3 copies, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. V 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) V 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, —7-narrowness, or, ✓shallowness of the lot size or shape, or, exceptional topo aphical or other physical conditions peculiar to the particular property A CZ�on��s That because of such physi al 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 (6) 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 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 CONTRIBUTIONS GIFTS OF $250.00 DATE OF OFFICIAL OF $250.00 OR MORE OR MORE 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 Date02 116 THOMAS J. MCNAMARA, ATTORNEY AT LAW 7370 HODGSON MEMORIAL DItJVE, STE B-1 I SAVANNAH, GEORGIA 31406 STATE OF GEORGIA COUNTY OF CHATHAM THIS INDENTURE, made this December 29, 2017 Robert M. Chu as party of the First part, and APPLEPEEL PROPERTIES LLP of the State of Georgia and County of Chatham as party of the second part: INf NNnI IllllillNIIIIII(IIi�IIIINIIIINIIIN�IIIII�INIIIIIIIfNN Doc ID: 030782584003 Type: Wo Recorded: 01/02/2018 at 04:43:05 PM Fee Amt: $384.00 Pape 1 of 3 Transfer Tax: $370.00 Chatham, Sa. Clerk Superior Court Tammle Mosley Clerk Superior Court SK1253P,.586-588 LIMITED WARRA\T'Y DP -ED :WITNESSETH: , between That the said patty of the first part, for and consideration of the sum of $ 370,000.00, in hand paid at the before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell and convey unto the said patty of the second part, his heirs and assigns, the following described property, to wit: SEE SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT, HOWEVER, to all valid easements, restrictions, and rights of way of record. TO HAVE AND TO HOLD the said bargained premises, together with all and singular the rights, members and appurtenances thereof to the same being, belonging or in anywise appertaining, to the only proper use, benefit and behoof of the said party of the First Part conveys to the second party, his heirs and assigns forever, in FEE SIMPLE. And the party of the first part, for its heirs, executors and administrators will warrant forever defend the right and title to the above described property unto the said party of the second part, his Heirs and assigns, against the lawful claims of all persons claiming by through or under the party of the first part. IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and affixed its seal, the day and year above set out, r' Robert A Chu Signed, sealed and delivered Schedule "A" ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE STATE OF GEORGIA, COUNTY OF CHATHAM AND BEING KNOWN AND DESIGNATED AS LOT "A" OF A RECOMBINATION OF LOTS 205-210 AND LOTS 231-236 WARD 1 TYBEE ISLAND GEORGIA, AS SHOWN UPON A MAP OR PLAT PREPARED BY BERT B. BARRETT, JR, RLS# 2225 DATED NOVEMBER 7, 2006 ENTITLED "RECOMBINATION PLAT OF LOTS 205-210 & 231-236, WARD 1, TYBEE ISLAND, GEORGIA FOR ROBERT M. CHU" AND BEING RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT CHATHAM COUNTY, GEORGIA IN PLAT BOOK 32-P, PAGE 26, TO WHICH EXPRESS REFERENCE IS HERETO MADE FOR A MORE PARTICULAR DETERMINATION OF THE METES, BOUNDS AND DIMENSIONS OF THE PROPERTY HEREIN DESCRIBED, SAID LOT "A" HAVING A PHYSICAL ADDRESS ON STH AVENUE, TYBEE ISLAND, GEORGIA 31328 WITH PROPERTY IDENTIFICATION NUMBER 40003-07005. AND ALSO ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE STATE OF GEORGIA, COUNTY OF CHATHAM AND BEING KNOWN AND DESIGNATED AS LOT "E", OF A RECOMBINATION OF LOTS B & C OF A RECOMBINATION OF LOTS 205-210 AND LOTS 231.236 WARD 1 TYBEE ISLAND GEORGIA, AS SHOWN UPON A MAP OR PLAT — PREPARED BY BERT B. BARRETT, JR. RLS# 2225 DATED DECEMBER 7, 2006 ENTITLED "RECOMBINATION PLAT OF LOTS B & C OF A RECOMBINATION OF LOTS 205-210 & 231-236, WARD 1, TYBEE ISLAND, GEORGIA FOR ROBERT M. CHU" AND BEING RECORDED IN THE OFFICE OF THE CLERK OF SUPERIOR COURT CHATHAM COUNTY, GEORGIA IN PLAT BOOK 35-P, PAGE 34, TO WHICH EXPRESS REFERENCE IS HERETO MADE FOR A MORE PARTICULAR DETERMINATION OF THE METES, BOUNDS AND DIMENSIONS OF THE PROPERTY HEREIN DESCRIBED. SAID LOT "E" HAVING A PHYSICAL. ADDRESS ON 5TH AVENUE, TYBEE ISLAND, GEORGIA 31328 WITH PROPERTY IDENTIFICATION NUMBER 40003-07008. SUBJECT TO THAT CERTAIN INGRESS AND EGRESS EASEMENT DATED DECEMBER 28, 2017 AS RECORD IN THE OFFICE OF THE CLERK OF THE SUPERIOR COURT CHATHAM COUNTY, GEORGIA IN BOOK �_, PAGE SbE`. FURTHER SUBJECT, TO ALL VALID RESTRICTIONS; EASEMENTS AND RIGHTS-OF-WAY OF RECORD. File Number: I7-1173 Legal Mscriplion Clow's Choice Carrie Efird 2.37X 89 IRF 83x z R r 1� lr�T -74 VI IIJJ11 71 `> -Z George Shaw From: Carrie Efird <Carrie@tybeevacationrentals.com> Sent: Sunday, May 13, 2018 2:33 PM To: George Shaw Subject: RE: parking TVR housekeeping offices Hi George, It is my understanding that based on square footage of 1 space per 350 sq ft, we need 5 spaces for the office area, plus 6 for the number of dwelling units (3 units @ 2 per unit), we should have 10 spaces and 1 bike rack to meet the code minimum. There will be one designated ADA space on the lot as well as a bike rack, so we are 5 spaces short. We intend to also utilize the adjacent lot as -is for overflow parking, however there has not been a site plan developed for that parcel as of yet so this too cannot count towards our parking The building footprint is roughly 35x70, totaling 3960 heated sq ft. The ground floor will have 4 parking spaces (2 tandem in garages) and will have storage areas for housekeeping supplies. The main level will house our laundry processing area, housekeeping office, storage for linens and property supplies and it is 1980 sq ft. The top floor is also 1980 sq ft and will have 3 residential long term leased apartments; 2 units will have 1 bedroom/approx 500 sq ft each, and 1 unit will have 2 bedrooms/ approx. 990 sq ft. There is additional driveway area in front of our garage that cars can park to load, but I realize this cannot be counted towards meeting our parking requirements and that is reason for the variance request. There is ample metered parking less than 150 feet away on Hwy 80, and on both sides of the highway in this area. The City waives parking requirements for other commercial areas in the South end districts due to their proximity to public parking, and I would hope that we could have the same consideration. Thanks, let me know if additional information is needed. Carrie From: George Shaw <gshaw@cityoftybee.org> Sent: Friday, May 11, 2018 12:27 PM To: Carrie Efird <Carrie@tybeevacationrentals.com> Subject: parking Carrie, Can you send me a paragraph explaining the size of the laundry, the number of residential units, the number of parking spaces required and the number you currently are able to put on the lot. I need this information for the site plan/variance application. Thanks, George email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e- mail by mistake and delete this e-mail from your system. Please note that any views or opinions presented in this email are solely those of the author and do not necessarily represent those of The City of Tybee Island. The recipient should check this email and any attachments for the presence of viruses. The City of Tybee Island accepts no liability for any I PARKING CALCULATIONS' WNAWW Mr"(mr&W LOr A CDP SIGN AND BAR INSTALLATION NOTES: LL SPECIAL HANDICAP RAMP NOTES: U _ PAVEMENT MARKING NOTES:ion: ,A m . Z �CIALSIGN �Ario=IFINGNO-MS- R ��,Vs *4- . . . .. .4,.j �_IM. `�� � i I � i g ��I r .. ^...trp.,.� uCw°�i =V_ ..w....mrw.ur�•,.xr,,.r.r�.r ffWAWW ff"pora" -4 2 STAKING AND SIGNING PLAN a EF 0 IMPERVIOUS COVER NOTE: Lir WN 5. D 5.F, VjE CALCULATIONS:J 9ZCn0N A -A SIVRM AND LrnLMM MANHOLE AND Box Na :: THM VMP DETAEL N.T.S. fdilEi FEMA MAP NOTES: IFC -4 WNAIM ff"owaW AFWAWW &rP&pWa" `\ PoSSIBLFNNR[ACCF�c `-------------------J ---------------------- PAKING, GRADING AND DRAINAGE PLAN IMPERVIOUS COVER NOTE: ITOTAL PWMnVD We—OU5 �VLK tokTH15 6 L ThAN 5.r. ROOF PLAN CpZ -- ---- ----— I�i; Trjzl�-' ne DUAL I STORM AND Un5;—ESMANHCLE AND BOX NOTES.' I I. 111 -IT —1-ON5 11 FQ DL CIN51DEM A`Z'e MP , IfPT5 ANCI NOT A5 THL 114ILKT Of TIT MM�0L. UCI [TC. FEMA MAP NOTES, C-5 6T THIS SPACE RESERVE l7 FOR CLERK OF SUPERIOR COURT REFERENCES T. PLAT BOOK 32P PACE 26 2.PLAT HOOK 35P PAGE 34 1 PLAT BOOK 40P PACE 93 4. PLAT BOOK $1 PAGE 27T 0 i4CTNITY MAP NCT TO SCALE SURVEYORS NOTES I. ME EL£VA TWINS SHOW ARE BASED ON NAND 88 DA NM THE CONTOUR INTERVAL IS I FOOL 2 COORDINA 775 AND D7F=ON5 ARE BASSO ON UEO.ROlA STAT£ PLANE CO"NA7E SYSTEM (HAD83). EAST 24WE 3. ACCORDING TO FOR -M MAP NO. 13057CO273F, DATED 9-26-2009. ]HIS PROPERTY LIES IN A TOO YEAR FLOCD HAZARD AREA, IN ZONE AT, WITH A BASE FLOOD ELEVA PON (DFS) OF Ito ,L ONLY ABOVEGROUND, READILY Y,SIBLE STRUCTURES AND U770AES WERE LOCA ISO FOR THIS SURVEY THIS SURYEYQR NAMES NO WARRANTY OR GUARANTEE AS TO THE LOCATION, EXISTENCE, OR NON-EXISTENCE' OF ANY RELOKC'ROUND, NON-VISIBLE UT7anrs OR STRUCTURE5 S- THIS PROPERTY IS SUG.EECT TO ANY AND ALL EASEMENTS, COVENANT, RESTRICTIONS. SETBACKS, ROFFERS. DE'/ELO°MENT STANDARDS, AND ZONING REOUIREMENTS EITHER RECCVFOEV OP UNRECORDED 6. THE SAL T MARSH ARCA SHORN WAS DELJN£ATEO BY RESIVR67 LAND IN JANUARY 2018 7 W ILANOS THAT MAY EXIST ARE UNDER ME JURISDIC77DV OF THE CORPS OF ENGINEERS AND/OR THE DEPARTMENT OF NATURAL RESOURCES LOT OWNERS AND ME DEVELOPER ARF 5,SL,Ff TU PENALTY UY LAW FOR DISTURBANCE TO THESE PROTECTED AREAS WITHOUT PROPER PERMIT ANO APFROVAL- IMS PLAT IS A RETRACEMFM OF AN EXIS7INC PARCEL OR PARCELS OF LAND AND DOES NOT SUBDIVIDE OR CREATE A NEW PARCEL OR MAKE ANY CHANCES TO ANY REAL PROPERTY BOUNDARIES. THE RECOROWD INFORMATION OF THE DOCUMENTS. MAPS. PLATS, OR OTHER INSTRUMENTS WHICH CREATED TIRE PARCEL OR PARCELS ARC STATEO HEREON RECOROAnON OF THIS PLAT DOES NOT IMPLY APPROVAL OF ANY LOCAL JURISDICI7ON, AVAILASILUY OF PERMITS, COMPLIANCE WITH LOCAL REGULATIONS OR RED0fREMEN75, OR SUITABILITY FOR ANY USE OR PURPOSE OF THE LAND FURTHERMORE, ME UNDERSIGNED LAND SURVEYOR CERTIFIES THAT TNrS PLAT COMPLIES WITH THE MTNJMUM TFCHMCAL STANDARDS FOR PROPERTY SURVEYS IN GEORGIA AS SET FORTH IN THE RULES AND R£GULA77oN5 OF THEGEORGIA BOARD OF REGISTRATION FOR PROFESSICAW ERG N 4NEERS AND LAND SURVEYORS AND AS SET FORTH IN COCA SECTION 75-5-57 E F Ne. 3 PROFE55IONIONAL 4 u SUO CRAIG AN611L1R ERROR, 2'/r AVAISTED BY' N/A PUT GO.C: 1/12g0� FIE10 EDC_ 1/]0,510 EOUfPMENT USED: IY*Xll 5- NTA L STATION P rw NITER SR GPS REmB7p ON Tiff of 5 NETWORK NOW OR FORMERLY CITY OF IYEEE ISLAND 4-000.7-07-00a FIFTH AVE Lf AIRF IRON R00 FOUIVo 8IPF IRON PIPE FOUND x6.51 SPOT ELEVATION 0 POWER POLE ---. FENCE - 7 -- CONTOUR LINE TREE LEGEND SIZE OF St'Mfia DOES NOT IN.WCA7E THE SIZE OF THE DRIP LINI LINE (`i TREE SIZE 4r' fNCHEN) LDCARCN tJf TREE) LO 14 TREE TYPE RTE£ TYPE ABBREWA PONS PN PINE CED CEDAR PM PALM LO LIVE OAK LAO LAUREL OAK Al{ OTHERS SPELLED OUT. MULTIPLE TREE SIZES INDICATES COMMON BASE DEAD TREES NOT LOCATED. SIXTH AVENUE 60' R/W (NOT OPEN) 2.92 x 4-44 LO 22 1'1PN 74 x 5.70 x 6.08 PM 12 237x P�' - `s" N18'1345E IPF IRF PN 14 1 lr lb' 402 5.78 x x 5.58 ( - _ P AM 12 .k _' 7 -\ 423 3 , LOT A "L' I L79 ! 2-a 0.756 SALT MARSH PM 18 LAO 12 U.2S9 U?LAND e,\ A77 1.16-74 0.455 TOTAL ACRES 12 LO 10 A �} 249 3-53 'f QPM 14 l 7 7 1 2 263 2 . PM`I4 $IL73 h111 74 514 �'VP oI� W6 .6 qY1 u l 4.06 I� x 612 m x E m ,LIm A4 SA LT MAR 5 H z l q4 AL >. \; \ S 34 iIII o6 GA DUR JURI561CTIONAL LINE 7 1 X617 AW DELINEATED BY RESOURCES+LANA CONSULTANTS JANUARY 2018 �L\ L3 L4 ! i s, E��/�h 5.94 22 _ -2_ _ x1,43 L L6 346- J ! x'fi.18 6.27 ... 3 -- __ -__- -----„ 4.13 - _ L_0 i6 X. 2.86' LO 50,r>,� - _I 12' ACCESS EASEMENT EN 3.IR - - - a�3 PM 14 6RICh IRF � ... r. L `cr 5,30_ - ` 5.73 6.a2 Nlg CEO 8 1873 -Do' 518'IY45*W 5.71x6095-27 -� 3.B3z 46p ' --" r 579 5.78 CONCRETE I I I I NOW OR FORMERLY ROBERT M CHU I 4-00 3-07-009 BENCHMARi( FIFTH AVE RV IN POWER POLE EL 7.33 (NANO 58) �I I I� I I NOW OR FORMERLY MOIA CHU JUNG 4-0003-07-CC4 604 FIRST ST x 6.61 - 120.00' NOW OR FORMERLY FREEJLEE, LLC 4-0003-07-003 507 E US HIGHWAY SO 0 20 40 50 GRAPHIC SCALE 1' = 20' N ` c < In - lOM`` 6C C.7 3 N y . cNSYHtcp�NE c) jg G{tP NOHI� LNPOg31 N+ -I � a 3 y w 4 0 N m Z Q Z I 7.98 , 8. 1 6.15 s 755 !8.2 X 6. 3 6.20 x 7.08 / Z 8.19 / 8 40 RX/ 1 x.B. n1 / /' a X B 7 / 42 e. 77 / J /7.75x i / 991p]68. IT 7 46 -23 TOP OF / 8149 BANG / 7sa 0 / IRF 6 50 7.73 m 8.15 6'12' SIGN EASEMENT 7.98 1 I 1 I I I I I ERF IRF FIFTH AVENUE 60' R/W (NOT OPEN) O r3 L5 T � Li 4 w 114rz(� 12 1 �N w a W � Z a� 0. p -K�z LQ Y r y YT � QI O O O W CJ Q 0 IA THIS SPACE RESERVED FOR CLERK OF SVPERIOR COURT REFERENCES 1, PLAT 6D.,Y' ( 32P PAGE 2C, 2. PLAT BOOK JW PA -J4 3 PLAT ROOK 40P PACE 93 4. PUT 9"5T PAGE 271 SURVE'YOR'S NOTES VICINITY MAP NOT TO SCALE 1. THE ELEvARMS SHOWN ARE BASED ON NAND @R DATUM. THE CDNTDUR NTERVAL 15' T. 2. COORDNATES AND PRECRONS ARE BA5E0 GW CE'ORCIA STATE PLANE COORONATE SYSTEM (NADB3), EAST ZONE. 3 ACCORONC TO F.IR.M. MAP NO. 13051C702L7,, DATED 9-26-200$ MTS PROPERTY UES N A TOO YEAR FLOOD RAZARO AREA. N ZONE AE, WTH A BASE ELOL10 ELEVATION (BFE) OF TCo 4. ONLY ABOVEGROUND. R£ADXY VTSELE SMUCTURES ANO URUNES WERE LOCATED EOR THIS SURVEY. IMS SURVEYGR MAKES NO WARRANTY OR CUARANTEE AS 70 RIE LOCATION. EXISTENCE, OR NON-EXISTENCE OE ANY SELONCROUND, NOW-WSIBLE USTIES OR STRUC URES S ,,S PROPERTY T5 SUBJECT TO ANY AND ALL £AS£VENTS COVENANT$ REETWnDA'. SETBACKS BUFFERS. DEVELOPMENT STANDARDS, AND ZOWNC REQUIREMENTS EITHER REO627ED OR UNRECORDED. 6, THE SALT MARSH AREA SHOW WAS 017 WEA TED BY RESGURLE+LAND N JANUARY 2016 7 WETLANDS ALIT MAY EXIST ARE uNDER ME JLIRISOTCAOJ OF THE CORPS CF ENCNEERS ANCIAW THE DEPARTMENT OF NATURAL RESOURCES. LOT OWERS AND THE DEVEIO'ER ARE SUBJECT TO PENALTY BY UW FLW DISiURRANCE M MESE PROTECTED AREAS MTHOTIT PROPER PERMIT AND APPROVAL I ANd". Ak `R - 21 AEI V5MV BY.. N/A us PLIT EO.a: 1/124" razz cac: r/w vD LEGEND TREE LEGEND yw1- ea.PMDIr usELr � SaLKTA STaR TOTAL STAIIpy •IRF' IRUN Rpp FDUNp SIZE OF 5YMBOL DOES NOT INDICATE iCl'CpT NWER ST LAS REmwR P'T Tri et;PS NLTIKYiYf •IAF iRCN PIPE FOUND RIE SIZE OE M£ DRIP LINE/CANOPY LINE .6.51 SPOT ELEVATION SI, / IH qFT POWER POLE LOCATION OF TREE-/ 101`174 FEK:E `TREE TIDE — 7 — CONTOUR uNE TREE TYPE ABBREWA ITONS: PN PINE CED CEDAR PM PALM LD LIVE OAK LAOLAUREL OAK ALL OMENS SPELLED OUT. MUL 17PLE ]REE SIZES INDICA IES COMMON BASE DEAD TREES NOT {DCA IED. NOW 0 CFY OF 4 -Up FYI SIXTH AVENUE SO RIW (NOT OpEN) 0 20 4D 60 P� �l , 1 GRAPHIC SCALE 1' = 20 i At O 1pN� Q N 0 vR' sl �M� a $ g� � 2 OR Otiti4 N FIFIH AVENUE 60' R/W (NOT Op, -N) George Shaw From: Penny Johnsen <Penny@mcnamaraadams.com> Sent: Monday, May 14, 2018 3:58 PM To: Carrie Efird; George Shaw Cc: Office Subject: RE: follow up on 8 foot modification to access easement for Chu parcel 17-IL173 Importance: Nigh George: Please be advised that Mola Chu and Robert M. Chu have agreed to amend the 12' Easement granted to Lot A and Lot E for ingress and egress granted to Carrie Efrid etal to a 20' Easement. The additional 8' will be extended to the current 12' easement with a provision that it not be used for parking or in any manner obstructed. It can only be used for ingress and egress. We are waiting for a corrected Plat from Bert Barrett to record the revised easement All closing documents should be sent to office __mcnamaraadams.com Very truly yours, Thomas J. McNamara Attorney 9 0,McNamaraAdamsPC Altorneys & Counselo-s of Lcw 7370 Hodgson Memorial Drive, Ste B-11 Savannah, Georgia 31406 Phone: 912-355-1109 Fax: 912-351-0417 www.mcnamaraadamsatlaw.com DOWNLOAD OUR MOBILE APP NOW! http:!!mcnamaraadams.titleguoteapp.com CONFIDENTIALITY NOTE: DAVIS ENGINEERING PO Box 1663 Tybee Island, Georgia 31328 Tel. (912) 695-7262 dkdbus@gmail.com May 10, 2018 George Shaw, Director of Community Development City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 Phone (912) 786-4573 Fax: (912) 786-9539 RE: Live /Work Laundry Facility 5" Street (unopened) Dear Mr. Shaw: I have reviewed the latest C-4 "Staking Plan and Signing Plan" and C-5 "Paving, Grading, and Drainage Plan", both received on 04-25-2018. My review is limited to drainage, erosion control issues, and other civil design 1 site development land disturbing activities. I have not attempted to duplicate the work of the Planning Commission or City staff with regard to setbacks, density, zoning, tree protection or subdivision regulation issues. I have made site observations with you, met with the design engineer and listened to his presentation, and reviewed his presentations from the design engineer to us, and my reviewed project submittals. I support the Engineer's opinion that it is appropriate to not proceed with greater detail until the City PC and CC reviews are completed. The Engineer has included biofiltration settling pond, permeable pavement options, and other LIDIGI sensitive designs as possibilities to address water quality control into the marshes. I do not see any huge challenges to acceptable design being submitted for this project. Within the scope of my design review, to the best of my knowledge and belief, it is my opinion the preliminary drainage design is sound. I have no reason to believe there will be any obstacles to the Engineer submitting all necessary details for permitting. Any recommendations do not relieve the project of the requirement to obtain any other required permits, approvals, etc... by the GA D.O.T. or other governmental body or authority having jurisdiction over any portion of this project. Please contact me if you have any questions on this matter Sincerely, Downer K. Davis, Jr., P.E. Live / Work Laundry Pre e o STAFF REPORT PLANNING COMMISSION MEETING: May 21, 2018 CITY COUNCIL MEETING: June 14, 2018 LOCATION: 106 04 Ave. PARCEL: 4-0003-07-005 APPLICANT: Applepeel Properties, LLC EXISTING USE: Empty lot ZONING: C-2 USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Commercial Gateway OWNER: Carrie Efird PROPOSED USE: Commercial/Residential PROPOSED ZONING: C-2 APPLICATION: Site plan review with variance for parking (5 spaces) and setback (18"). PROPOSAL: The applicant requests site plan approval for a commercial laundry facility with residential uses above. ANALYSIS: This is a planned mixed-use building with residential upstairs and commercial downstairs over parking. Eleven parking spaces are required by code for the proposed business and dwelling units. They have provided for five parking spaces on the property plus a bike rack, which is allowed to substitute for one space. The Comprehensive Plan describes the Commercial Gateway in which it lies as follows: This area functions as an activity center and serves as the commercial gateway for the City. Zoning classifications are C-1, C-2, R-1, R -IB, R -T, and R-2. The mix of neighborhood commercial uses include shopping, crafts, restaurants, and eco -tourism Comprehensive Plan — Community Character Area Commercial Gateway Meets Recommended Development Strategies Strategy YIN or NIA 1. Encourage commercial and mixed use development and redevelopment along the US 80 y commercial corridor 2. Discourage down -zoning within the US 80 commercial corridor N/A 3. Establish standards for a maximum percentage of residential use on a per parcel basis to N/A encourage mixed us 4. Enhance pedestrian movements with streetscape improvements N/A 5. Allow for the appropriate mix of retail, residential, and tourism related uses consistent with Y the Plan vision 6. Implement traffic calming measures and parking improvements N/A 7. Establish noise and sight buffers between commercial uses and adjacent residential area N 8. Review parking requirements to ensure they are not prohibitive to future commercial NIA development 1 STAFF FINDING The buildable area of this lot is limited by the marsh and marsh buffer. The applicant was aware of these limitations when the lot was purchased. If the applicant reduced the size or shape of the building the setback variance would not be necessary. If the applicant reduced the number of residential units the parkirig variance would not be necessary. They could put the required parking on the adjacent lot with an easement but have chosen not to do this at this time. Staff recommends denial of the petition. ATTACHMENTS A. Site plan review application B. Site plans C. Property card D. SAGIS map 2 This Staff Report was prepared by George Shaw. CITY OF TYBEE ISLAND SITE PLAN APPROVAL APPLICATION Applicant's Name Bob Skinner. Revision CG Address and location of subject property 1601 Butler Avenue Fee Commercial $500 Residential .3,250 PIN 4-008-18-004 Applicant's Telephone Number 770-331-8842 Applicant's Mailing Address Brief description of the land development activity and use of the land thereafter to take place on the property: Installation of the following: 1patio area with patio tables and trash cans. 2 Sidewalk to the rear of the building, 3 Two bike racks, 4 Two pravel parking spaces. 5 Stripe four parking spaces two On Butler Avenue & two on Inlet Avenue). Replace a potation of the sidewalk in front of building. Property Owner"s Name Viola E. Buford Family limited Partnership , Telephone Number Property Owners Address Is Applicant the Property Owner? __ Yes X No If Applicant is the Property Owner; Proof of Ownership is attached: Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant pennission to conduct such land development is attached hereto. X, Yes Current Zoning of Property C-I/SE Current Use Vacant Arby-s restaurant Names and addresses of all adjacent property owners are attached: _X_ _ Yes If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action. the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made, b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action, and the date of each contribution: c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Signatue c f AppIRai t Date NOTE: Other specific data is required for each type of Site Plan Approval. FeeAmount S Check iYumber Dale Cir1' (�fjic'Ittl DAVIS ENGINEERING PO Box 1663 Tybee Island, Georgia 31328 Tel. (912) 695-7262 dkdbus@gmail.com May 8, 2018 George Shaw, Director of Community Development City of Tybee Island P.O. Box 2749 Tybee Island, GA 31328 Phone (912) 786-4573 Fax: (912) 786-9539 RE: Arby's Dear Mr. Shaw: I have reviewed the site plan. My review is limited to drainage, erosion control issues, and land disturbing activities. I have not attempted to duplicate the work of the Planning Commission or City staff with regard to setbacks, density, zoning, tree protection or subdivision regulation issues. The Engineer and I are in agreement that the details necessary for construction are not challenging. We concur that it would be appropriate for such detailing of drainage and related matters be completed following City PC and CC review. Within the scope of my design review, to the best of my knowledge and belief, it is my opinion the preliminary drainage design is sound. I have no reason to believe there will be any obstacles to the Engineer submitting all necessary details for permitting. Any recommendations do not relieve the project of the requirement to obtain any other required permits, approvals, etc... by the GA D,O.T, or other governmental body or authority having jurisdiction over any portion of this project. Please contact me if you have any questions on this matter Sincerely, ,,e &� Downer K. Davis, Jr., P.E Arby's Pre STAFF REPORT PLANNING COMMISSION MEETING: May 21, 2018 £ CITY COUNCIL MEETING: June 14, 2018 LOCATION: 1601 Butler Ave. PARCEL 4-0008-18-004 APPLICANT: Bob Skinner EXISTING USE: Restaurant ZONING: C 1 /SE USE PERMITTED BY RIGHT: Yes OWNER: Arby's Restaurant Group PROPOSED USE: Restaurant PROPOSED ZONING: C-1/SE COMMUNITY CHARACTER MAP: The Strand/Historic Downtown District APPLICATION: Site plan review PROPOSAL: The applicant requests site plan approval to add an outdoor seating area and to redesign their drive through and create additional parking. ANALYSIS: The outdoor seating area will be built using pavers and will enhance the area currently covered in gravel and mulch. The City is currently studying the south end in an effort to improve the pedestrian experience. At this time we do not know how this study will affect the area of Butler and Inlet. The Comprehensive Plan describes the Strand/Historic Downtown District in which it lies as follows: This area functions as the traditional Main Street of Tybee Island. The mix of uses includes shopping, restaurant, hotels/lodging, museums/public education, pavilion, and public parking. Comprehensive Plan — Community Character Area The Strand/Historic Downtown District ME Recommended Development Strategies Str6 YIN c 1. Future development and redevelopment should be very pedestrian oriented with safe ` connections to adjacent neighborhoods and commercial areas 2. Promote mixed densities of residential development, including upstairs residential over N, commercial. 3. Encourage mixed uses to provide for the daily needs of residents and tourists. N, 4. Commercial uses should be low intensity and consistent with the existing character. 5. Encourage development/redevelopment of existing vacant properties and underutilized structures 6. Encourage the preservation, restoration and adaptive reuse of historic structures through N� incentives 7. Beautification and fagade improvement projects should be implemented to improve —area—) aesthetics 8. Preserve/retain buildings that can house small businesses. } 1 gets tegy r NIA r STAFF FINDING The outdoor seating area will be a visual improvement. The City engineer has reviewed the plans and approves the drainage concept. Staff recommends approval of the seating area but at this time cannot recommend approval for changing the drive through or adding the parking. If altered the turning radius would make entering the drive through from Inlet rather dangerous. ATTACHMENTS A. Site plan review application B. Site plans C. Property card D. SAG1S map 2 This Staff Report was prepared by Geos-ge Shaw. GENEML NOTES: 1. NOTIFY TYBEE iSL�AN� D INSPECTOR 24 HOURS BEFORE BEGINNING EACH PHASE OF CONSTRUCTION. 2. ALL CONSTRUCTION MUST CONFORM TO TYBEE ISLAND STANDARDS AND SPECIFICATIONS, WHETHER OR NOT REVIEW COMMENTS WERE MADE. 3. ALL WORK PERFORMED IN CITY, COUNTY AND/OR STATE RIGHTS-OF-WAY SHALL BE IN STRICT CONFORMANCE WITH APPLICABLE DEPT. OF TRANSPORTATION STANDARDS AND SPECIFICATIONS. 4. ALL WORK SHALL COMPLY WITH APPLICABLE STATE, FEDERAL & LOCAL CODES AND ALL NECESSARY LICENSES AND PERMITS SHALL BE OBTAINED BY THE CONTRACTOR AT HIS EXPENSE UNLESS PREVIOUSLY OBTAINED BY THE OWNER. 5. ALL WORK SHALL BE PERFORMED IN A FINISHED AND WORKMANLIKE MANNER TO THE ENTIRE SATISFACTION OF THE OWNER, AND IN ACCORDANCE WITH THE BEST RECOGNIZED TRADE PRACTICES. B. DEVIATIONS FROM THESE PLANS AND SPECIFICATIONS WITHOUT THE PRIOR CONSENT OF THE ENGINEER OR OWNER MAY BE CAUSE FOR THE WORK TO BE UNACCEPTABLE TO THE OWNER. 7. THE UTILITIES SHOWN ARE SHOWN FOR THE CONTRACTOR'S CONVENIENCE ONLY. THERE MAY BE OTHER UTILITIES NOT SHOWN ON THESE PLANS. THE ENGINEER ASSUMES NO RESPONSIBILITY FOR THE LOCATIONS SHOWN AND IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO VERIFY THE LOCATIONS OF ALL UTILITIES WITHIN THE LIMITS OF THE WORK. ALL DAMAGE MADE TO EXISTING UTILITIES BY THE CONTRACTOR SHALL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR. S. UNLESS INDICATED OTHERWISE ON THE PLAN THE CONTRACTOR SHALL REMOVE AND DISPOSE OF ALL EXISTING IMPROVEMENTS AND TREES, WITHIN THE LIMITS OF THE WORK, FROM THE SITE. ON SITE BURIAL OF TREES AND OTHER DEBRIS WILL NOT BE TOLERATED. 9. UNLESS SPECIFIED IN A SITE SPECIFIC GEOTECHNICAL REPORT, ALL FILL SHALL BE FREE OF ORGANIC OR OTHER DELETERIOUS MATERIAL AND PLACED TO 95% OF THE MAXIMUM STANDARD PROCTOR DENSITY (ASTM D-698-70). THE FILL SHALL BE PLACED IN LIFTS NOT TO EXCEED SIX (6) INCHES OF COMPACTED FILL THICKNESS, 10. AREAS WITHOUT PAVEMENT THAT ARE DISTURBED ARE TO BE STABILIZED AFTER GRADING. 11. THE CONTRACTOR SHALL FURNISH AND MAINTAIN ALL NECESSARY BARRICADES AROUND THE WORK SITE AND SHALL PROVIDE PROTECTION AGAINST WATER DAMAGE AND SOIL EROSION. 12. CONTRACTOR SHALL PROVIDE & MAINTAIN OFF STREET PARKING ON THE PROPERTY DURING THE ENTIRE CONSTRUCTION PERIOD. ALL OFF-SITE PARKING SHALL COMPLY WITH LOCAL ORDINANCES. 13. SURVEY BY EMC ENGINEERING SERVICES, INC., DATED 4-17-2018. 14. THE TOTAL PROPERTY AREA IS 0.22 ACRES. DISTURBED AREA IS 0.10 ACRES. 15. PROPERTY IS CURRENTLY ZONED "C-1/80. SITE DEVELOPMENT PLANS CKE 1601 A PORTION OF LOT 1 TYBEE ISLAND, FOR GROUP, INC. BUTLER AVENUE AND A PORTION OF INLET AVENUE CHATHAM COUNTY, GEORGIA INDEX OF DRAWINGS SHEET 1 TOPOGRAPHIC SHEET 2 ----- ------ SITE PLAN SHEET 3 GRADING FLAN SHEET 4 DETAIL SHEET li SURVEY BY OTHERS 65WCC LEVEL II CERT. 1+10 10875 SURVEYOR EMC ENGINEERING SERVICES, INC. THOMAS W. HURLEY SURVEYOR 10 CHATHAM CENTERS, SUITE 100 SAVANNAH, GA 31405 PHONE: (912) 232-6533 FAX: (912)233-458D ENGINEER, HARKLEROAD & ASSOC., INC. CHRIS CARTER ENGINEER 1608 TREE LANE, BUILDING A, SUITE 100 SNELLVILLE, GA 30078 PHONE: (770) 982-1906 FAX: (770) 982-1998 LANDSCAPE ARCHITEC FRAWLEY ASSOCIATES, LLC PETER FRAWLEY 675 SEMINOLE AVENUE, SUITE 101 ATLANTA, GA 30307 PHONE: (404) 874-5091 OWNER/DEVELOPER CKE GROUP, INC. EDUARDO CARCACHE 15500 NEW BARN ROAD, SUITE 106 MIAMI LAKES, FLORIDA 33014 PHONE: (305) 558-4124 x w a H Y) M to R W ��'Plid SITE f. . . . . .. 1ZLAR AVENUE RiW VARIES ! . . . . . . . . . . . . . . . . . . . . . . . . . . .PK" NAIL . . . . 5.7 511 '36' 18.,,E . . . . . . . SET . IRON " a130 ATLANTIC, 3, ' , : " ; 1, :: , : . `may: ,���� OCEAN p2 . . . . . . . . . . . . . . . sicN ��" �� �� 138 V1 CjTY fwlAP PM NOT TO SCALE . ; Nil 0 i. SPEAKER GRAVEL AREA LEGEND PROPERTY BOUNDARY �......w...,w....i.....s. i : ' ADJACENT PROPERTY LINE CONCRETE MONUMENT FOUND 93OMF / . . . . . . . ~'��" " ' �� PM CLEAN OUT O co ��1 . . . ���� 13.66. 1 0 ELECTRIC OUTLET BOX 0E108 . . " . '�� a.221 ACREs GUY WIRE ANCHOR oGWA � �� ��+�� 4--OODB-- 18-004 POWER POLE L)RP 70 . ���� . ry 1601 BUTLER AVENUE LIGHT PULE x'x/0 x1��" f A POR77'ON OF LOT 1 AND A PORTION OF '��' MAIL BOX 90 4 Lf' % ���� 4" : j INLET A VENUE o TELECOMMUNICATION PEDESTAL 2 TP f . . . . . . ��. ��h PA!1 . (�� : ! D.B. 285R PG 599 SIGN��.w jly�� . \j WATER MANHOLE 0 W;VH . . . . . . G . PM FIRE DEPARTMENT CONNECTION o FDC ���� �� ��y0 �� �� �� 0 �� \. 13-50. .�� ', .�� .." .,; x13.8 1 13 76 . c- .65. UR' EY NOTES ' \" CONCRETE." S1901A , , " ;3. 1 0A :I ! . . . . . . . 1.. /. I Ply . . . . . . . ONE STORY BUILDING X13.5 FORMER '*ARBY'S* RESTUARANT . FFE." 14,13' ,D � P M . wm ��. PM 0 T CONCRETE PAD 19 1 PALrt i 1 ft. tl METAL x13. x13.2 ��. SHED W ��1 8LR BLR BLR IRON ROD FOUND Tam. 1 N. 726881.52 r' E.` 1064340.71 ELEV.` 14.62 THIS TOPOGRAPHIC SURVEY WAS PREPARED IN CONFORMITY WITH THE TECHNICAL STANDARDS FOR SURVEYS IN GEORGIA AS SET FORTH IN THE RULES OF THE GEORGIA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND AS DEFINED IN RULE 180-07-.07. THE CERTIFICATION EXTENDS ONLY TO THE TOPOGRAPHIC ASPECTS OF THIS SURVEY. THIS TOPOGRAPHIC SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY AND IS NOT TO BE RECORDED. X13.5 1O"" PAL)MV X N71'36'11 V 113.71 ' IRON ROD SET 4 T.B.M.1 N. 726843.70 E. 1064449.84 NOW OR FORMERLY ELEV.- 15.96 CHRISTINE MCCARTHY 4-0008-18-003 i LOT 2 WARD 5 1603 BUTLER AVE X.13.70 33-. ,, 3.25 NO. BY DATE COA #0400351 e TER��o'�� No. 002468 IaROFESSONAL sw.` GRA WIC SCALE: 1 = 10' z w zw 9 ' 0 ���� w >��r 4 gd x > U W Q��If�� ��4 w A tm Lo Lu Lu w W e N > Z Z = {!�� CL, Z C3 0- �� cu o --CLLL' 0 a W - j p Z w F- z < o J w w 0 w CL ' F-- PROJECT NO.: 18-0045 DRAWN BY: WCs DESIGNED BY: EMC SURVEYED BY: JH SURVEY DATE: 4-11-2018 CHECKED BY: TWH SCALE: 1" =10' DATE: 4-17-2018 SHEET 1 OF 2 0 �s ■54 GRADING NOTES: I. THE EARTHWORKTOR ALL BUILDING FOUNDATION$ AND SLABS SHALL BE IN ACCORDANCE WITH ARCHITECTURAL PLANS AND SPECIFICATIONS, 2. CONTRACTOR SHALL BE RESPONSIBLE FOR REMOVAL OF ALL DEBRIS AS ACCEPTABLE TO THE OWNER AND ENGINEER. MAGME Iic E 3. IF CONTRACTOR DOES NOT ACCENT EXISTING TOPOGRAPHY AS SHOWN ON THE PLANS, WITHOUT EXCEPTION, HE SHALL HAVE MADE, AT HIS OWN EXPENSE, A TOPOGRAPHIC SURVEY AND SUBMIT IT TO THE OWNER FOR REVIEW. 4. CONTRACTOR IS RESPONSIBLE FOR NOTIFYING ALL UTILITIES BEFORE CONSTRUCTION AND VERIFYING LOCATION OF ALL UTILITIES SHOWN OR NOT SHOWN. 5. CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATION AND COSI' OF THE RELOCATION OF ALL UTILITIES �' ITIES ALC?NG THE RIGHT OF WAY AND ON SITE ASSOCIATED WITH THE CONSTRUCTION OF THIS PROJECT, SUCH AS, BUT NOT LIMITED TO; SIGNAL POLES, SIGNAL w..,, - ' ....... TRAFFIC SIGNS, CONTROLS, DRAINAGE STRUCTURES, T S>TILITY U POLES, GUY WIRES, ETC. S. CONTRACTOR IS RESPONSIBLE FOR REPAIRS t F DAMAGE T4 ANY EXISTING IMPROVEMENTS DURING CONSTRUCTION, SUCH AS, BUT NOT LIMITED TO, DRAINAGE, UTILITIES, PAVEMENT, STRIPING, CURBS, ETC. REPAIRS SHALL BE EQUAL TO OR BETTER THAN EXISTING CONDITIONS. 7. ALL SLOPES AND DISTURBED AREAS NOT COVERED BY BUILDING OR PAVEMENT SMALL BE GRADED SMOOTH AND RECEIVE 4 INCHES OF TOPSOIL. CONTRACTOR TO PROVIDE TOPSOIL IF NOT AVAILABLY Ofd x` ~ jf i j fi SITE. THE AREAS Si -TALL BE GRASSED AND MULCHED, F'ERT'ILIZED AND WATERED TO PROVIDE A HEARTY MOWABLE STAND OF GRASS. SMALL ROCKS MUST BE REMOVED. ANY AREAS DISTURBED FOR ANY REASON PRIOR TO FINAL ACCEPTANCE OF THE PROJECT SHALL BE 1323<EX P CORRECTED BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE f ` OWNER. t 8. CONTRACTOR SHALL PROVIDE POSITIVE DRAINAGE AWAY FROM THE BUILDINGS. 9 MAXIMUM CUT OR FILL SLOPES IS 2H:4V. VMS fi `� /000, t i1 14.0 t\ 1 * `Y 'IM(E( S 14.0 14:a4T1p3 1411{EX S i3 4wNI�' , • gyp.. ,� • ~ • 14. a. w ' t �+~ of r 1. ' t _..,._.. 14AAEX S , 14.73 _.~ namEX J� 65NX LEVEL 11 CE12T, NO 10875 V[�fli.7i#Vv LtkaL U: PROPOSED ELEVATION EXISTING ELEVATION PROPOSED CONTOURS EXISTING C13NT13URS ......._ ................. 930 ................... .... ........ ... ..... . SLOPE - a BM - BACK OF CUPD, FOC - FACE OF CURB 10' 5' 0 10, 1"=10' 20, 30' A .W EXPA00N .!OOT (Typ) C)ETAL5 65WCC LEVEL It CERT. NO 07.5 Fm OR CXE GROLipa INC. S TF9 qLOCATED NQ.27 P E to. L A PORTION OF LOT I AND INLET AVENUE, WARD 5 TYBEE 15LAND, CHATHAM COUNTY,GEORGIA N SCALE, N.T.S. JOB No.. 616c? DATE 04-24-18 PS All Associates ENGINEERS - LAND 5URVEYOR5 1608 r/WE LANE, &ALVIN& A 5UITE 00, 5NELLV114E, &A. 30076 Utilities Protection Center, Inc. fit 5HEET 4 Know what's below. Call before you dig. Si Tn N FI& ASPHALT PAVING W - I -o.—PAINT QTY YMOW Et #8 10AR—"I IIEEIEE O�F_GA5T GNM. MgLLTOP NT5 /-DUMMY JOINTS 0 5' O.C., UNLESS NOTED OTHERWISE CONCRETE SIDEWALK ,r -DUMMY JOINTS 0 12! O.C., UNLESS N07ED OTHERWISE REGULAR DUTY CONCRETE PAVEMENT WA ;114* MADE PHIECTS WHY WAUSAU MAN s. 14-4 M. R How- � PWXA�C px4w, F9013 v. Mv. NWARM, SWAPE: TF3125 j=n) :f3fwmvmn A1XX1K,tW. FOUUWES: 'A, sombty PaNFORUW*nffi,; RACF TV�; T F3128 MATEMAL SHAR�� ,Ks rt PE: UMBREUA 0 [A 0 e, "x AWIM / /9i✓' /� / / ,sum'„/H/�/ � / / s' ” W1 NO 0 Al Uanne 41 9 Aq x permo*wf .er Aruualire'� 4'?,,'X F iS a ver�,xilite paver featitrirg not only tn.e. en-vironmentall't 'rit�n,:Ry henaf,4�� pe, mtaNle paw. Wt at -,D appen, kw; --- r--41-ilerancc ired prover, 6urabifify Aqaaiinc's versa',tle pittcrr i angp for f�:r­tle deslor- option's"miking it �m exafflon, chcica Inr vehicula,r msp I 41\ ADA cump5nt 1pdauAtiov PATIO FENCE DETAIL NTS NEW RAILING TO BE PREFINISHED DARK BRONZE ALUMINUM 1- X 1 1/8- TOP RAIL 2" X .060" PRE—PUNCHED ALUMINUM POST ,.590" SQ. X .0625 PICKETS CORE DRILL FOOTING INTO CONC. SLAB STAMPED PATIO CONCRETE SLAB 12" DIA. CONC. FOOTING FENCE POST (SEE PATIO FENCE DETAIL) STONE JONTNG MATERIAL BETWEEN PAVERS (ASTM D448 SIZE NO. 8, 89. OR 9) CONCRETE PAVEMENT EDGE PERMEABLE PERMEABLE PAVERS (REGULAR DUTY CONCRETE (BELGARD AQUALINE 4.5'x9')A SPEC) 12... ......... . .. . ..... ... .... . PERMEABLE PAVEMENT DETAIL N.T.S. I DA -M I NO. I PEV151ON 1 BY 1 Me. FXUARPO CARCACkS QW4EWMVELOPER .. .. .. .... CX15 C NZOLF, INC. 15500 NEW 15ARN ROAD 51.11TE 106 MIAMI �M,, FLORIDA 33014 (305) 24 C)ETAL5 65WCC LEVEL It CERT. NO 07.5 Fm OR CXE GROLipa INC. S TF9 qLOCATED NQ.27 P E to. L A PORTION OF LOT I AND INLET AVENUE, WARD 5 TYBEE 15LAND, CHATHAM COUNTY,GEORGIA N SCALE, N.T.S. JOB No.. 616c? DATE 04-24-18 PS Harkleroad and Associates ENGINEERS - LAND 5URVEYOR5 1608 r/WE LANE, &ALVIN& A 5UITE 00, 5NELLV114E, &A. 30076 Utilities Protection Center, Inc. PNONE (770) 982-1996 / FAX (770) 982-1998 5HEET 4 Know what's below. Call before you dig. ARSY'S RESTAURANT GROUP, INC. PERIMETER CENTER WEST ATL AT1�q NTA, GA 30338 Date: 5-14-18 To: George Shaw, Community Development Director City of Tybee Island, GA From: Bob Skinner, Arby's Construction Manager RE: Arby's #506S 1601 Butler Street Tybee Island, GA I have attached the survey of the above referenced site (depicting existing conditions) and the proposed modifications to our site layout depicting an outdoor patio and lighting, (2) on-site parking spaces for the Store Managers, and (4) new parking spaces in the right-of-way of Inlet Avenue and Butler Avenue. Arby's would like to request exclusive use of the (4) new parking spaces in the ROW in order to improve access to public parking for their employees. Arby's is willing to negotiate with the City of Tybee Island a mutually acceptable amount for the exclusive use of these (4) spaces each day from 8am-8pm. Arby's would install signage for these spaces indicating exclusive use for Arby's employees, Your thoughtful consideration of our request is appreciated. INSPIRING :_-_-THROUGH EXPERIENCES® GP / / Z"NG 1000, / \ LPA / / / 0 -- ole --/ DUMP — — — / SrER �E- — — — — —E- Z,\ \ BENCHMARK R'r Oo Fr SITE NOTES: 1. ALL DIMENSIONS SHOWN ARE MEASURED TO THE FACE OF CURB AND FACE OF BUILDING, UNLESS OTHERWISE NOTED. REFER TO ARCHITECTURAL DRAWINGS FOR BUILDING DIMENSIONS. 2. THE CONTRACTOR IS TO FIELD VERIFY DIMENSIONS FOR ACCURACY PRIOR TO BEGINNING CONSTRUCTION. IF DISCREPANCIES EXIST, CALL ENGINEER IMMEDIATELY. 3. DEVIATIONS FROM THESE PLANS AND SPECIFICATIONS WITHOUT THE PRIOR CONSENT OF THE ENGINEER MAY BE CAUSE FOR THE WORK TO BE UNACCEPTABLE TO THE ENGINEER. 4. REFER TO SHEET C6.0 FOR PAVING SPECIFICATIONS. 5. PARKING SPACE CALCULATIONS: SFj 9�� REQUIRED SPACES 1 SPACE PER 100 SF OF SEATING AREA OF BLDG +1 SPACE PER 4 EMPLOYEES (1500 SF SEATING AREA BUILDING X 1 SPACE/100SF) + (12 EMPLOYEES X 1 �'�•��� £�.`."• .- S5A3E/48EMPLOYEES) PROPOSED SPACES = 27 SPACES ` ' 1 VAN ACCESSIBLE H/C SPACE 2y �\ 1 REGULAR H/C SPACE r 25 - REGULAR SPACES /N \ RSD SFr \ � \ \ SSMH REQUIRED - 18 SPACES W Wv TOP: 13.56 PROVIDED - 27 SPACES Os 6. PARKING LOTS SHALL BE MAINTAINED IN GOOD CONDITION, FREE OF POTHOLES, WEEDS, DUST, TRASH AND DEBRIS. P 7. GC TO CONTACT WENDY'S ENGINEER PRIOR TO INSTALLATION OF MENU BOARD AND ORDERING STATION TO CONFIRM LOCATION. 3 ADA NOTES: `.�.`.•.•.•.•.•.�.`.•.•.j /6 1. ACCESSIBLE ROUTES AND GENERAL SITE ELEMENTS SHALL ��""""•••" , "'"'••,'"'• • COMPLY WITH THE STANDARDS OUTLINED IN THE D.O.J. "2010 \` 3 ADA STANDARDS FOR ACCESSIBLE DESIGN" AND "1997 GEORGIA �,� �� W`".•.".•.•.+. / ACCESSIBILITY CODE. / W / v / / A/1/ -E _ _ L _E - C 10' 2. WALKING SURFACES MUST HAVE A RUNNING SLOPE NO J / STEEPER THAN 1:20 (5.00%), AND A CROSS SLOPE NO STEEPER THAN 1:48 (2.08%). %8 3. RAMPS MUST HAVE A RUNNING SLOPE NO STEEPER THAN 1:12 (8.33%), AND A CROSS SLOPE NO STEEPER THAN 1:48 (2.08%). / 4. RAMPS WITH A RISE GREATER THAN 6" (0.5') SHALL HAVE PROPOSED HANDRAILS. THE MAXIMUM RAMP RISE SHALL BE NO GREATER 1'=10' THAN 30" (25). / BOLLARD 5. LANDINGS SHALL BE AT LEAST AS WIDE AS THE ASSOCIATED / RAMP AND/OR CURB RAMP, AND HAVE A SLOPE NO GREATER / THAN 1:48 (2.08%) IN ALL DIRECTIONS. EXCEPTION: LANDINGS THAT CHANGE DIRECTION SHALL BE AT LEAST 60" (5.0') WIDE. / 6. A MINIMUM 60" (5.0') LONG LANDING SHALL BE PROVIDED AT THE 3 TOP AND BOTTOM OF A RAMP. EXCEPTION: A MINIMUM 36" (3.0') / LAND LANDING SHALL BE PROVIDED AT THE TOP OF A CURB RAMP, AND NO LANDING IS REQUIRED AT THE BOTTOM. / 7. PARKING SPACES AND THE ASSOCIATED ACCESS AISLE(S) SHALL HAVE A SLOPE NO GREATER THAN 1:48 (2.08%) IN ALL DIRECTIONS. 8. GROUND SURFACES ARE TO BE STABLE, FIRM, AND SLIP / RESISTANT. 9. DETECTABLE WARNINGS SHALL BE INSTALLED ON WALKING / SURFACES TO WARN OF HAZARDS ON WALKS, RAMPS, AND / LANDINGS. PAVING LEGEND -- BIKE RACK PAVERS GRAVEL 0 IMPERVIOUS PAVEMENT REPLACED WITH LANDSCAPING LANDSCAPE AREA PROPOSED PATH Utilities Protection Center, Inc. Know what's below. Cali before you dig. 0 5' 10' 10' 20' 30' 1'=10' Q LO 0 0 0 0 0 m ,I LO `t- 0 0 I 0 W m Q W ti m 0 I 0 O ti ot Q LO `- 0 0 I (10 Q3 0 N 0 62 =0 VICINITY MAP NOT TO SCALE ATLANTIC . . . . . . . . . X13:17 OCEAN m LEGEND SURVEY NOTES /pUMOSTER _N Lo Q EMC PROPERTY BOUNDARY -- ADJACENT PROPERTY LINE - - CONCRETE MONUMENT FOUND ®CMF CLEAN OUT 0 CO ELECTRIC OUTLET BOX ®E03 GUY WIRE ANCHOR oGWA POWER POLE O PP LIGHT POLE -,(:� / 0 MAIL BOX MB Q LP TELECOMMUNICATION PEDESTAL ® TP SIGN -� WATER MANHOLE O WMH FIRE DEPARTMENT CONNECTION O FDC X1283. r �. ......... I 1 x12.7 . 14( i LP I. SURVEY NOTES /pUMOSTER _N Lo Q EMC 1. Horizontal Datum is Georgia State Plane BLR East Zone Coordinate System, North BLR American Datum of 1983 (NAD83) 2. Vertical Datum is North American Vertical FOUND Datum of 1988 (NAVD88) 3. All deed book references shown hereon are N: 726881.52 recorded in the Clerk of Superior Court's E. 1064340.71 office of Chatham County, Georgia. 4. Structures visible on the date of survey are Q shown hereon. 5. Locations are accurate only where \I dimensioned. 6. The entirety of this property is located in (D Zone AE BFE 13.0 a Special Flood Hazard I Area per the Federal Emergency w Management Agency's Flood Insurance LU> Q Rate Map No. 13051C0326F; Effective Date: September 26, 2008. 7. No person may copy, reproduce, distribute or alter this plat in whole or in part without Z the written permission of EMC Engineering U Services Inc. 8. The certification, as shown hereon, is purely J Z a statement of professional opinion based o on knowledge, information and belief, and I. based on existing field evidence and documentary evidence available. The Q certification is not an expressed or implied Q U warranty or guarantee. 9. This survey is valid only if print has the Q original signature of the surveyor. 10. Boundary information shown taken from referenced plat by brewer land surveying for Arc Vision, INC. and dated 7-19-2017. X1283. r �. ......... I 1 x12.7 . 14( i LP I. THIS TOPOGRAPHIC SURVEY WAS PREPARED IN CONFORMITY WITH THE TECHNICAL STANDARDS FOR SURVEYS IN GEORGIA AS SET FORTH IN THE RULES OF THE GEORGIA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND AS DEFINED IN RULE 180-07-.07. THE CERTIFICATION EXTENDS ONLY TO THE TOPOGRAPHIC ASPECTS OF THIS SURVEY. THIS TOPOGRAPHIC SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY AND IS NOT TO BE RECORDED. METAL SHED W eW f � \ I / 07 .13.73 j I �1 SIGN w / I POM . . . . SPEAKER / GRAVEL AREA 6 5� POM 61 . 0.221 ACRES 4-0008-18-004 1601 BUTLER A VENUE A PORTION OF LOT 1 AND A PORTION OF INLET A VENUE o D. B. 285R PG 599 CO PM ? . 0 Y 0 COM�RETE SIDEWALK` ONE-STORY BUILDING FORMER "ARBY'S" RESTUARANT FFE.• 14.13' N71 *J6'1 1 "W X X1 13.71 ' NOW OR FORMERL Y CHRISTINE MCCARTHY 4-0008-18-001 LOT 2 WARD 5 1603 BUTLER AVE CONCRETE PAD I � I j X14 / x13.6 IRON ROD SET J L1.65 3 51 . . PM 0 10"" WM PM 0 T.B.M. 1 N: 726843.70 E.• 7064449.84 ELEV.- 15.96 10' PALM 19. 70I'll PALM J w WV WV 5 1, -� 65 . . . . . X.13 70 3.54 3.41. 3.25 13 a2 /pUMOSTER _N Lo Q EMC 99 �� 13 15 � BLR 4-11-2018 BLR BLR IRON ROD Q FOUND a -17-9n1 R T.B.M. 1 N: 726881.52 E. 1064340.71 THIS TOPOGRAPHIC SURVEY WAS PREPARED IN CONFORMITY WITH THE TECHNICAL STANDARDS FOR SURVEYS IN GEORGIA AS SET FORTH IN THE RULES OF THE GEORGIA BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS AND AS DEFINED IN RULE 180-07-.07. THE CERTIFICATION EXTENDS ONLY TO THE TOPOGRAPHIC ASPECTS OF THIS SURVEY. THIS TOPOGRAPHIC SURVEY DOES NOT CONSTITUTE A BOUNDARY SURVEY AND IS NOT TO BE RECORDED. METAL SHED W eW f � \ I / 07 .13.73 j I �1 SIGN w / I POM . . . . SPEAKER / GRAVEL AREA 6 5� POM 61 . 0.221 ACRES 4-0008-18-004 1601 BUTLER A VENUE A PORTION OF LOT 1 AND A PORTION OF INLET A VENUE o D. B. 285R PG 599 CO PM ? . 0 Y 0 COM�RETE SIDEWALK` ONE-STORY BUILDING FORMER "ARBY'S" RESTUARANT FFE.• 14.13' N71 *J6'1 1 "W X X1 13.71 ' NOW OR FORMERL Y CHRISTINE MCCARTHY 4-0008-18-001 LOT 2 WARD 5 1603 BUTLER AVE CONCRETE PAD I � I j X14 / x13.6 IRON ROD SET J L1.65 3 51 . . PM 0 10"" WM PM 0 T.B.M. 1 N: 726843.70 E.• 7064449.84 ELEV.- 15.96 10' PALM 19. 70I'll PALM J w WV WV 5 1, -� 65 . . . . . X.13 70 3.54 3.41. 3.25 x13.35 NO. BY DATE COA #000051 0 R ♦w� �G\STEREO No.002468 PROFESSIONAL \SURN�yO����� �hqs W.N�%/ 10' 5' 0' GRAPHIC SCALE: 1" = 10' 10' 1 V Z 0 0 Z W - , �0 w C cn �n o Z 0 0 � a Z W �M� � E �> '^ ! 1 NMco� C� 0 l;J V UQc�m�. - Z Z> E N N v y F- a " t�rn0 U� COco aw Z F- < z J W J LU J U) F- >ZW � a >:m Z Z °aZ) W J CO O Z a U 18-0045 DRAWN BY: Lo Q EMC SURVEYED BY: 13 15 � O 4-11-2018 L .� . SCALE: Q DATE: a -17-9n1 R W. Q Ca . �I \I i I (D I x13.35 NO. BY DATE COA #000051 0 R ♦w� �G\STEREO No.002468 PROFESSIONAL \SURN�yO����� �hqs W.N�%/ 10' 5' 0' GRAPHIC SCALE: 1" = 10' 10' 1 V Z 0 0 Z W - , �0 w C cn �n o Z 0 0 � a Z W �M� � E �> '^ ! 1 NMco� C� 0 l;J V UQc�m�. - Z Z> E N N v y F- a " t�rn0 U� COco aw Z F- < z J W J LU J U) F- >ZW � a >:m Z Z °aZ) W J CO O Z a U � W \ i W 0- CO I F - PROJECT NO.: 18-0045 DRAWN BY: Lo Q EMC SURVEYED BY: JH SURVEY DATE: 4-11-2018 CHECKED BY: TWH SCALE: 1" = 10' DATE: a -17-9n1 R Q O LU (D w U LU> Q w Z U 11. U) .. 0- J Z O U o Q U I. U = 0 Z Q 0 a) Q U Q O a Q W - O U LL O D Z 0 W �. O J rn � W \ i W 0- CO I F - PROJECT NO.: 18-0045 DRAWN BY: WCS DESIGNED BY: EMC SURVEYED BY: JH SURVEY DATE: 4-11-2018 CHECKED BY: TWH SCALE: 1" = 10' DATE: a -17-9n1 R SHEET 1 OF 2 ORDINANCE NO. 06-2018 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, REGARDING SECTION 8-080 REGARDING THE BASIS FOR AREA OF SPECIAL FLOOD HAZARD WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, in the event of emergencies, expenses are frequently required or incurred which are unanticipated under normal circumstances and expenditures must be paid rapidly in order to benefit the city, its residents and tourists; and WHEREAS, the Federal Emergency Management Agency has completed a review of the Flood Insurance Rate Map (FIRM) which is to be effective August 16, 2018 and therefore the City is in need of amending its ordinance to incorporate the revised flood map and to update any other provisions, including the flood insurance study as may be applicable. NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of Tybee Island that The Code of the City of Tybee Island, Georgia, Section 8-080 shall be amended regarding the Basis for area of special flood hazard. SECTION I Section 8-080 shall be amended so that hereafter it shall read as follows: The areas of special flood hazard identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) dated August 16, 2018 with accompanying maps and other supporting data and any revisions thereto, are adopted by reference and declared a part of this article. For those land areas acquired by a municipality through annexation, the current effective FIS, supporting data and any revisions thereto for Chatham County, Georgia, dated August 16, 2018 are hereby adopted by reference. 1657048.1 Areas of special flood hazard may also include those areas known to have flooded historically or defined through standard engineering analysis by governmental agencies or private parties but not yet incorporated in a FIS. The repository for public inspection of the Flood Insurance Study (FIS), accompanying maps and other supporting data is located: Building and Zoning Department, 403 Butler Avenue, Tybee Island, Georgia 31328. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. ADOPTED THIS DAY OF .2018. 2 MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: 572.001.0rdin 2018 06-2018 flood map 04.16.18 Marie D. Davis Ellis, Painter, Ratterree & Adams LLP EPR A 2 East Bryan Street, 10th Floor • Post Office Box 9946 (3 1412) Ir fl r n, PAWW R{ 7=M kADAW UP Savannah , Georgia 31401 Phone: (912) 233-9700 • Fax: (912) 233-2281 • Direct: (912) 231-2729 mdavis(a)eora-law.com • Website: www.enra-law.com Legal Notices: This communication (including any attachment) is being sent by or on behalf of a lawyer and may contain confidential or legally privileged information. The sender does not intend to waive any privilege, including the attorney-client privilege, that may attach to the communication. if you are not the intended recipient, you are not authorized to intercept, read, print, retain, copy, forward, or disseminate this communication. If you have received this communication in error, please notify the sender immediately by email and delete this communication and all copies. Any offer or counteroffer contained herein is an offer in compromise only, is not a waiver or release of any right, remedy, or defense, is not an admission of any fact, and may not be used in evidence in anyway. Lisa Schaaf From: George Shaw Sent: Monday, April 16, 2018 11:41 AM To: Lisa Schaaf Subject: FW; 06-2018, Flood Map Attachments: 06-2018 Sec 8-080 flood map 04.16.18.docx Lisa, Please put this on the May PC agenda. George From: Marie D. Davis [mailto:mdavis@epra-law.com] Sent: Monday, April 16, 2018 11:39 AM To: George Shaw <gshaw@cityoftybee.org> Cc: Edward M. Hughes <bhughes@epra-law.com> Subject: 06-2018, Flood Map George: I am attaching a draft of a revised Section 8-080 of the Land Development Code regarding flood damage prevention so as to reflect the change in the map and presumably accompanying change of the Flood Insurance Study. It is my understanding that we need to adopt this before August 16 and I wanted to provide this draft to you. Technically, this ordinance is part of the Land Development Code and ordinarily text amendments thereto proceed through the Planning Commission and the Mayor and Council. It is technically not a "zoning" ordinance and therefore I don't believe public hearings and Planning Commission involvement, etc., are required under the Georgia Zoning Procedure law and I'm not aware of any other specific provision addressing this; however, I do think the better practice would be to at least advertise and have the public hearing considering the significance of the change. Please call if you have any questions or comments. EDWARD M. HUGHES Sent by Marie Davis Attachment LOCATION: N/A STAFF REPORT PLANNING COMMISSION MEETING: May 21, 2018 CITY COUNCIL MEETING: June 14, 2018 APPLICANT: City of Tybee Island EXISTING USE: NIA ZONING: NIA COMMUNITY CHARACTER MAP: NIA OWNER: NIA PROPOSED USE: NIA USE PERMITTED BY RIGHT: NIA APPLICATION: Amendment to Appendix A, Land Development Code, Section 8-080 Basis for area of special flood hazard PROPOSAL: To change the date to reflect the new flood insurance rate maps (FIRM) that will be adopted in August. ANALYSIS: This amendment updates our flood ordinance to reflect the new maps. This is required by FEMA. STAFF FINDING Staff recommends approval ATTACHMENTS A. Amendment 1 This Staff Report was prepared by George Shaw.