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PLANNING 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 July 16, 2018 — 7:00 p.m. For City Council Meeting August 9, 2018 — 7: 00 p.m. B. Consideration of Minutes: 1. Minutes of June 18, 2018 C. Disclosures/Recusals: D. Old Business: E. New Business: CITY ATTORNEY Edward M. Hughes 1. Zoning Variance: Sec.3-090. I (D)(2), Sec.3-190(B) and Sec.3-190(E). For the placement of a swimming pool and decks along south side of residence partially within the marsh buffer. -21 Teresa Ln. -4-0022-01-372 — Barry Weiner. 2. Site Plan Approval with Variance: Tear down existing structure on property and rebuild new structure. Three foot front variance -4 Silver Ave. — 4-0008-06-015 — Walter Freeman. Text Amendment to Land Development code: Sec. 4-050 Zoning Districts (0) South End Business Overlay District. F. Standing Agenda Item: MPIC Update Adjournment: Lisa L. Schaaf Individuals with disabilities who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons. PLANNING COMMISSION Demery Bishop Ron Bossick Marianne Bramble Tina Gann Charles Matlock David McNaughton Alan Robertson CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw Planning Commission Meeting MINUTES June 18, 2018 CITY ATTORNEY Edward M. Hughes Chair Bishop called the June 18, 2018 Tybee Island Planning Commission meeting to order. Commissioners present were Charles Matlock, Ron Bossick, Marianne Bramble, n Robertson, Tina Gann and David McNaughton. A& Consideration of Minutes: Chair Bishop asked for considfrationof the y 21, 2018 meeting minutes. Commissioner Robertson made a motion to approve. Commissioner Matlock seconded, the vote to approve was unanimous. Disclosures/Recusals: Chair Bishop asked if th er disclosures or recusals. There was none. Old Business: Zone R -2/C-2 -Carrie Efird. I ' Mr. Shaw approached the Planning Cission and stated that the applicant Ms. Efird has come back to the Planning Commission with a site plan and parking variance for three spaces. Commissioner McNaughton asked if the building was smaller this time. Mr. Shaw stated no the footprint is smaller, they removed a large stairway on the back of the building and put in a spiral staircase from the third to the second floor. Ms. Efird approached the Planning Commission and stated she is the owner and petitioner of the property and she wanted to give answers to some of their questions, she stated that they are still finishing up the site plan and there will be three apartments and Tybee requires two spaces per dwelling verses as an example the City of Savannah is one point two five spaces. Two of the units are roughly 500sgft. In addition, they would not be set up for families that would have excess vehicles, and they would be in control of that as the managers. She stated they pulled the western staircase off the design. The Fire Inspector requires a staircase from the third to the second floors. The primary entrance for the apartments will be the rear stairs, and the spiral one on the front is for the second egress. The employees will utilize the front entrance. Ms. Efird also stated that this building will only service our company, employees, and full time residents in the apartments and will not have an abundance of cars. Commissioner Gann asked if the apartments would be short-term rentals. Ms. Efird stated they would be for full time renters not short-term. Commissioner McNaughton asked what is the square footage in the current and new building. Ms. Efird stated the current one is 990sgft. In the new building, we are doubling that space. Each floor is 1,9080sgft the bottom floor will be storage and parking. Commissioner Bishop asked if the three spaces could be designated and be on the other parcel without a site and drainage plan. Mr. Shaw stated he thinks that could be done with a text easement saying they would be on that parcel but he would have to check with the Attorney. Commissioner Bossick stated there is no access for pedestrians to get to that location there is only a vehicle traffic area. Commissioner Robertson made a motion to approve. Commissioner Matlock seconded. Voting in favor were Commissioner Robertson, Commissioner Gann, Commissioner Bramble & Commissioner Matlock. Voting against were Commissioner McNaughton and Commissioner Bossick. Motion to approve carried, 4-2. New Business: Chair Bishop asked if there was any new Business. There was none. Standing Agenda Item: Chair Bishop asked if there were any standing agenda items. Commissioner Robertson stated there was none for this meeting. Commissioner Gann made a motion to Adjourn. Commissioner Matlock seconded, the vote was unanimous. Meeting adjourned 8:00pm Lisa L. 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F e e A m o u n t $ C h e c k N u m b e r _ D a t e C i t y O f f i c i a l CITY OF TYBEE ISLAND CONFLICT OF INTEREST IN ZONING ACTIONS DISCLOSURE OF CAMPAIGN CONTRIBUTIONS 1 lave you within the past two (2) years made campaign contributions or gave gifts having an aggregate value of $250.00 or more to a member of the City of Tybee Island Planning Commission, or Mayor and Council or any local government official who will be considering the rezoning application? YES NO IF YES, PLEASE COMPLETE THE FOLLOWING SECTION: NAME OF GOVERNMENT OFFICIAL CONTRIBUTIONS OF $250.00 OR MORE GIFTS DATE OF OF $250.00 CONTRIBUTION 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 $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE PLANNING COMMISSION QR MAY -QR AND COUNCIL. i Signature Printed Name A k-2`1 V\f E�-- t "b_�, Date �����k$ 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) Narrative describing the hardship and the reason for the variance request, Explain the hardship: S ,,A 4 MU L-r�lrl-r- ./rz«r14S rCze cP,-}I-V::> 'T— ( AC FE aA r+ Ot= W E vm M -.a � o D c.. S 4( (`rf i i A tft. L.RT v 5 5-040 (D) (3) A survey of the property signed and stamped by a State of Georgia certified land surveyor. 5-090 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including: .2�— irregularity; narrowness; or, shallowness of the lot shape; or, exceptional topographical or other physical circumstances, conditions, or considerations related to the environment, or the safety, or to historical significance, that is peculiar to the particular property; and; 5-090 (A) (2) because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property. NOTE: Provide attachments illustrating conditions on surrounding properties and on the subject or��rt indicating uniqueness. etc. 5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the petitioner shall be required to: ` Add two feet to each side yard setback for each one foot above 35 feet in height, and, Have safeguards consisting of sprinkler systems, smoke detectors and other fire protection equipment deemed necessary at the time by the Mayor and Council, and, Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each Foot above 35 feet height. The Applicant certifies that he/she has read the requirements for Variances and has provided the required information to t"st pf his/her 4bQty in a truthful and honest manner. &, ttl Is Signature ofLA�plicant Date 5-090(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. Attachment to Zoning Variance Application 21 Teresa Lane Narrative describing reason for variance request We are requesting variances for Section 3-090.1(D)(2), Section 3-190(B), and Section 3-190(E). The variances are related to the placement of a swimming pool and associated decks along the south side of the residence and partially within the marsh buffer. Section 3-090.1(D)(2) describes the requirement for a 25' buffer along coastal marshlands. This buffer is depicted on the attached drawings. Note that the southeast corner of the residence and a portion of an impervious driveway currently extend into the required 25' buffer. Our intention is to remove a portion of the impervious driveway and construct a swimming pool with a new impervious deck within the same area. Note that this impervious construction will not extend beyond the footprint of the existing impervious driveway that we intend to remove. Therefore, no additional imperviousness will be added to the site and marsh buffer as a result of the placement of the pool and impervious deck area. We also intend to construct a new raised deck that will extend into the marsh buffer. The deck construction will be raised such that no horizontal framing will be in contact with the ground. The only disturbance within the marsh buffer will be the placement of wood posts. The decking will be placed with gaps between the deck boards to maintain perviousness within the marsh buffer area. Section 3-109(E) requires swimming pools to be placed atleast 5' away from marsh buffers. Once again, we intend to construct the swimming pool wholly within an area of previously developed land that is currently impervious. This is obviously in a portion of the required buffer zone that is already compromised. Note from the attached survey and drawings that this site includes many limitations due to proximity to both the river and the marsh. The proximity of the dunes and the designated Shore Protection Act Line to the north allow for no additional development on that side of the residence. The presence of the marsh and the associated buffer allow for no additional development on the south side. Note that the space in between the Shore Protection Act Line and the Marsh buffer leaves a very narrow area for the placement of a residence. In fact, our residence already extends into the marsh buffer. Strict enforcement of these limits would make it extremely difficult to develop this property. The residence had to be long and skinny in footprint o fit on the site in the first place. Section 3-109(6) requires swimming pools to be placed in side or rear yards. The initial observation by the Planning and Zoning Manager is that the south side of the residence is the front yard and that a variance is needed for placement of a swimming pool within the front yard of the facility. We request a variance on this issue and refute the opinion that this is the front yard. We argue that the property does not have a front yard due to the uniqueness of the adjacent features. This parcel is unique in that there is no direct access from the two long sides of the property. The north side faces the Savannah River while the south side faces the Marsh. Access is from a causeway bridge that extends over the marsh and joins back up with land on the property of the neighbor to our west. Our driveway cuts through a portion of the neighbor's property as it extends to this bridge. The approach to our residence is from the Southwest corner. The residence is raised with he front door underneath. The front door actually faces west (not south). Therefore, we refute the claim that the south yard is the front yard. Note from the drawings that the pool is intended to be placed within an existing niche. Our intention is to create a screened courtyard around the pool and to separate the pool from the yard. STAFF REPORT PLANNING COMMISSION MEETING: July 16, 2018 CITY COUNCIL MEETING: August 9, 2018 LOCATION: 21 Teresa Lane (PIN 4-0022-01-372) APPLICANT: Barry Weiner EXISTING USE: Single family home ZONING: R-2 OWNER: Barry Weiner PROPOSED USE: Same USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: North Beach Neighborhood APPLICATION: Zoning Variance (5-090) from Section 3-090.1 (Streams, Lakes, Coastal Marshlands, Freshwater Wetlands Buffer/Setback). PROPOSAL: The applicant is requesting a marsh buffer variance for construction of a pool and deck in the 25' marsh buffer. ANALYSIS: The general character of the area surrounding this lot is residential. The requested variance does meet the "hardship" test outlined in Land Development Code Section 5-090 (A): (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. As stated in Sec. 3-090.1 A buffer shall be maintained for a minimum of 25 feet along all coastal marshlands, measured horizontally from the estuarine area. All land disturbing activity is prohibited within the 25 -foot buffer unless a variance or buffer encroachment permit is granted. The proposed pool will displace existing impervious concrete. While this is within the marsh buffer it does not increase impervious surface in the marsh buffer. The proposed new wood deck and screen wall extend further into the marsh buffer to within 5' of the marsh line. The marsh is delineated by an existing bulkhead on the west side of the parcel. This lot is already developed and therefore does not meet the "hardship test". The Comprehensive Plan describes the North Beach Neighborhood as follows: This area contains a significant amount of natural, cultural, and historic resources. The broad collection of land uses also includes new larger -scale residential developments, traditional cottage -style homes, townhomes, condominiums, restaurants, and other public uses. Two of the City's most notable historic sites are located in this area including the Tybee Lighthouse and Fort Screven Museum/Battery. Other characteristics include narrow streets, street trees, public and private beach access, public parking, pedestrian and bicycle traffic, and public parks. The proposed single-family dwelling meets the only applicable Recommended Development Strategy outlined in the Comprehensive Plan, Section 1.2.9, North Beach Neighborhood. The other seven strategies are more appropriate for historic structures or municipal projects and are not reflective of the consistency of this project with the Comprehensive Plan. Comprehensive Plan — Community Character Area North Beach Neighborhood Section 1. 2.9 Recommended Development Strategies Meets Strategy Y/Ar or N/A I . New development, redevelopment and restoration should be consistent with existing character of the area in terms of mass, scale, use and density. Y 2. Establish standards and design guidelines for signage. Develop a "theme" for signage to ensure that it is consistent and fits with the character of the area and the Island as a whole. NIA 3. Provide signage for landmarks and commercial businesses in this area. N/A 4. Historic structures should be preserved whenever possible. N/A 5. The City should provide appropriate incentives for historic restoration pnojects. N/A 6. Pursue historic district/historic structure designations for appropriate areas within this district. N/A 7. Ensure continued preservation of old growth trees, parks and greenspace. N/A 8. Support the continued development of the Tybee Island bikeway including bike lanes and multi -use trails. N/A STAFF FINDING This lot is developed with a large home with a driveway that currently encroaches into the marsh buffer. There is no hardship as a pool is a luxury amenity. Pools beside or in buffers have the possibility of losing chlorinated or otherwise treated water into the marsh. Additionally the wooden deck would almost reach the marsh. While the decking would be pervious, it would most likely kill all vegetation underneath thus removing the filtration ability of the buffer in this area. Staff recommends denial. ATTACHMENTS A. Variance application (5 pages) B. Survey Q page) C. Site Plan (1 page) D. SAGIS map (1 page) 2 This Staff Report was prepared by George Shaw, Chatham County Board of Assessors: 2018 Properly Record Card 4-... http://boa.chathamcounty.org/DesktopModules/ClhathanCounty/Boar 2018 Chatham County Board of Assessors Property Record Card APPRAISER ALCUMMIN LOT 21A-1 RECOMBINATION OF LOTS 21A & & 23A NORTHWAVE SUB LAST INSP 01/23/2016 SMB 41S 79 1.14 AC APPR 000008 ZONE SALES BOOK/ INS VI OU RSN PRICE PAGE 18 Mar 359R 308 QC I U UR GRANTOR:OFF LOU & SUSAN T TRUSTEES' GRANTEE:OFF LOUIS S & SUSAN T 18 Mar 359R 311 WD 1 Q 1,750,000 2010 GRANTOR:OFF LOUIS S & SUSAN T GRANTEE:WEWER BARRY 21 Jan 2820 0247 QC I U UX GRANTOR:OFF LOUIS S GRANTEE:OFF LOU & SUSAN TAS TRST PERMITS TYPE DATE AMOUNT 160885 RN 23 Jan 2018 Comp 20,000 160885 RF 23 Jan 2018 Comp 685 150448 EL 12 Jan 2016 Comp 20,000 130367 RN 29 Oct 2013 Camp 100,000 130367 RN 29 Oct 2013 Comp 122,000 10-0251 PO 13 Dec 2012 Comp 19,500 120292 RN 13 Dec 2012 Comp 70,000 120423 GM 13 Dec 2012 Comp 15,000 050368 CO 25 Jan 2007 Comp 050368 AD 25 Jan 2007 Comp 150,000 COMMENTS: CAMA 24 Jan 2018 RENOVATIONS COMPLETE 22 Feb 2017 HURRICAINE DAMAGE; PER GANER RC DOES NOT ALLOW FOR fi72,200 299CREM 14 Mar 2016 TY16 RETURN VAL ENTERED 12 May 2015 TY16 RECD RESP/TAXPAYER 35,700 OBXF 2 STILL LIVE AT ADDRESS 09 Apr 2015 TY15 HS LTR MAIL OUT ON 2015 04/17/15 29 Oct 2013 UPDATE MASTER BATH 29 Aug 2013 TY2014 LEGAL CHG PER 2013 SMB 41S 79 06 Jun 2013 TY13 E & R TO ADD TYBEE 1,181,000 550,500 EXEMPT 17 Apr 2013 TY 13 10S ENT FOR BARRY 03 Aug 2012 PER TP THE MAILING 2012 ADDRESS IS WHERE HIS 1,731,500 Over BILLS GO TO BE PAID 03 Aug 2012 TP MAILING ADDRESS FOR 1,068,200 MAV HIS HOME AT TYBEE IS PO 503,900 BOX 2991, TYBEE ISLAND, 1,068,200 Cama GA 31328-2991 21 Oct 2010 COA LTR RCVD 19 Jul 2010 TY11 REF QC DEED 359R/305 504,000 & CORR DEED 360G/266 19 Jul 2010 TY11 10S REM PER 359R/311 19 Jul 2010 TY11 REF CORR DEED 1,368,500 Cama 360G1268 TO 359RI311 09 Jun 2006 ADD CNG PER PHONE CALL 1,265,000 Cama 6/9!06 12 Sep 2005 2006 NEW PIN SPLIT FROM 4-22-1 344, 345 & 346 SMB 33S 5 9112/ 05 OAA )f 3 4-0022-01-372 21 TERESA LN TYBEE ISLAND WEINER BARRY CAMA ASMT CIO GANER GROSSBACH & 455,000 455,000 LAND i GANER 757 700 fi72,200 1995 BROADWAY 16TH 1,162,900 Over BLDG 1 FLOOR 35,400 35,700 OBXF 2 NEW YORK NY 10023 1,248,100 1,162,900 OVERRIDE'! SAG! CODES IMPR PROPERTY 0006 RESIDENTIAL USE 942,900 UTA 0004 Tybee Island NBHD 020253.00 T253 TYBEE 1,162,900 Over NORTHWAVE EXEMPTIONS L1 S1 L9 L8 HISTORY LAND IMPR TOTAL 2017 455,000 942,900 1,397,900 Over 2017 455,000 707,900 1,162,900 Over 2016 455,000 1,018,500 1,473,500 Cama 2016 455,000 942,900 1,397,900 Over 2015 462,000 1,333,700 1,795,700 Cama 2014 1,181,000 550,500 1,731,500 Over 2013 1,181,000 550,500 1,731,500 Over 2013 1,181,000 550,500 1,731,500 Over 2012 520,800 1,210,700 1,731,500 Cama 2012 1,181,000 550,500 1,731,500 Over 2011 503,900 564,300 1,068,200 MAV 2010 503,900 564,300 1,068,200 Cama 2009 504,000 864,500 1,368,500 Over 2008 504,000 864,500 1,368,500 Cama 2007 504,000 864,500 1,368,500 Cama 2006 490,000 775,000 1,265,000 Cama 07/0?/?n1S2 R•17 Ane :hatham County Board of Assessors: 2018 Property Record Card 4-... http://boa.chathamcounty.org/DesktopModules/ChathamCounty/Boar... EXTRA FEATURES ' -- ID# BLDG # SYSTEM DESC DIM 1 DIM 2 UNITS WL UNIT PRICE RCN AYB EYB DT ECON FUNC SP SP% RCNLD MKT VALUE 142812 87413 RESIDENTIAL ELEV 48" 0 0 1.00 E 26,250.00 26,250 2006 2006 7R 24,675 24,700 142813 87413 Slab wlwalls Under 319.00 E 35.00 11,165 1 2006 2006 60 10,718 0,700 LAND ID# USE DESC FRONT DEPTH UNITS! TYPE PRICE ZONING LCTN TOPO OTHER ADJ1 ADJ2 ADJ3 ADJ4 MKT VALUE 112404 ATLANTIC OCEAN FRONT 105 80 1.00 -LT 200000.00 R2 V75 SZ30 455000 _117 z 07/02/2018, 8:12 AM Chatham County Board of Assessors: 2018 Property Record Card 4, 2018 Chatham County Board of Assessors Property Record Card http:/iboa.chathameounty.org/DesktopModules/CtiathamCounty/Boar... 4-0022-01-372 21 TERESA LN TYBEE ISLAND BUILDING SECTION CONSTRUCTION TYPE RCN AYB EYB DEP TYPE PHYS ECON FUNC OBSV 1 k TOTAL DEP % RCNLD U.FACTOR MKT VAL 87413-1-2018 Residential 733,961 2001 MS 13.00 0.00 0.00 OC 63-00 271,566 1-50 757,700 .747 ■ Qo4 SAL Porch xi,i Rwf 147 ---------------------------------------------- --------------- [Click for larger picture] COMPONENTS Units R1 iso R2 208 Composition Shingle R3 352 Heat Pump 7. ' Y ■ 9f] ■ IM ' R6 - 1-00 R6 622 Raised Subfloor (% or SF) �d aK ftf R7 ■ in 735.00 R7 721 Carport, Flat Roof (SF) 9 .RO ■i`� ■ Ipl reguV R11 lAb w-T'iR�hYdrr Owe van .. _ 903 Wood Deck (SF) 446.00 R11 904 Slab Porch (SF) with Roof 147.00 R11 14 ueda. g go ■ �� Igo21 "WSWY IN wXa r, 2 .747 ■ Qo4 SAL Porch xi,i Rwf 147 ---------------------------------------------- --------------- [Click for larger picture] COMPONENTS Units R1 109 Frame, Stucco R2 208 Composition Shingle R3 352 Heat Pump R4 402 Automatic Floor Cover Allowance R6 601 Plumbing Fixtures (#) 20.00 R6 602 Plumbing Rough -ins (#) 1-00 R6 622 Raised Subfloor (% or SF) R6 642 Single 2 -Story Fireplace (#) 1.00 R7 721 Carport, Flat Roof (SF) 735.00 R7 721 Carport, Flat Roof (SF) 616.00 R11 903 Wood Deck (SF) 75.00 R11 903 Wood Deck (SF) 73.00 R11 903 Wood Deck (SF) 446.00 R11 904 Slab Porch (SF) with Roof 147.00 R11 907 Enclosed Porch (SF), Screened Walls 147.00 of 3 07/C)?/'Jn 1 R 2-11 Ann 1 Howard Holdings, LLC i PIN. 4-0022-01-381 j i/2• Lot 1-A G'ri S 25'17'36" E �. IRF�40 92' 487.63' Total d'vo� �«7%«« «««...^� «.�« «�«« -_ coo r th I -+<� Trene e 259.80' IRF To Corner Qhe 9'o fos 1.°<0 00 oro i Nq p83t �i 1d p- 0o }} v t a o �� Existing 10' BSL N I I n o o t Residence l 1 Lot 19 xl o� North Wave Subdivision z NV) i t S I Phase 1 ••oo D/f m 0) O m Existing Wooden--� 0 g1 r Walkway U1 ; on�Gi S/j I a 1 o o I a Lot 21A-1 Exison�rQ .. ResidenceDr rVwoY (f} DNR Shore } 1 1 Pine Q Protection Act Line Trees 1 t 1 �10' BSL T Lot 1 Q ti S 25'117 E 177.fi9' I« i North Wave Subdivision � t r� IRS ` - - - « - Phase 1 � _ _ _ ! 32.0 1 ' 10' BSL S 25'17'36" E 304,51' Total i IR5 i --- - W I } !N 04 o o'M `o � F •'�Concrete Bride I }° 00 1 CD I }CD . 0 Lot 23A-1 C7 a in I A I l ���Do a � ko Line Data Table t ;—F+, 777 1 1,11.\ `� \r 1 —10' BSL -1 St ! \ LINE BEARING DISTANCE L1 N 45'50'08" E 21.82- L2 N 65'46'52" E 25.86' L3 N 48'39'08" E 27.00' L4 N 67'43'23" E 20.71' L5 N 36'44'03" E 13.41' To the best of my knowledge ate of Georgia PIN! 4-0022-01-340 1 Wooden Walkway Wooden Bulkhead Dune Crossing S , 0' 30' 60' 90 and belief, this plot is a correct 0/1 representation of the land platted, has in Reference' t Surveyors Notes Q''s and been prepared conformity with the minimum 1. Plat recorded at SMB 41-S, Pg. 79 /j Graphic Scale P technical standards and requirements 1. Shore Protection Act Line as shown was delineated by an official of the Georgia Shore Protection Act Line of low. Legend Department of Natural Resources (DNR) on October 17, 2012. Dole E. Yawn, R.L.S. J Q "v ` Abbreviations 2. The field data upon which this plot is based has a closure precision of 1 foot in Lot 21A-1 of a Recombination of Georgia Registered DB Pg. Deed Book / Page 14,321 feet: an angular error of 5 seconds per station, and was adjusted with the Lots 21A and 23A, Northwave Subdivision Land Surveyor No. 2510 R G / G PRB P Plat Record Book Pae g• / g compass rule. The plat was checked for closure, and was found to have a closure Phase 2, Located in the 5th G.M. District est 6 SMB Pg. Subdivision Map Book / Page precision of 1 foot in 20,000 feet or better. A 10 second total station instrument was IRS 1/2"X18" Iron Rebar Set used to determine the angular and linear measurements that form the basis of this Tybee Island, Chatham 9 County, Georgia Yawn Land Surveys, LLC * S * BSL Building Setback Line Plot Prepared For: 24 Island Creek Lone IRF Iron Rebar Found 3. Bearings shown are based on the Georgia State Plane Coordinate S tem, East 9 g System, Barry Weiner Savannah, Go. 31410 O Linetypes Zone, NAD83, and were taken from a plot of record. (See reference No. 1). The line 912-897-6307 SU E. -< -- ---�--Property Line between the 1/2" iron rebar and 3/4" iron pipe along the easterly boundary was held Scale:1 30' Plat Date: October 25, 2012 yown25100bellsouth.net -_ —Building Setback Line as the basis of bearings. Field Date: June 23, 2010/October 23, 2012 G R 6 E N® A A C W I F F C T U R 28 E 35TH 51 SAV"NNAH. ;A"4" 7 912.447.5565 F 912.447.8381 W W W.GREENLIN EARCH.COM LU U z Lli0 LU LU 0 U LU z ED r I 0 0 U Z w cn 0 CL0 V) Z W W 0 ry f>- 0 0 Z I Q U Z Q z Q 0 0 w�I1 ELI V za J Z �a LLAN Q:f LLJ LULU I- m z Q 7z z 00 o t� z12o 4 X w 0 EL U n NOT FOR CONSTRUCTION PROGRESS PRINT JOB No- 18.029 WUE DAIE'. 06.29.2018 DRAWN: DMR Al.l 1 ` 11• .� y 1• '\ 25'-0" MARSH SUFFER •� 1' � — ^ 10' BSL _ ^ 1 NEl^i 12x20 POOL EXIST DNR 51HORE ' EXTENDING PARTIALLY WOODEN PROTECTION EX15TI146 ! UNDER RAI5EP RESIDENCE i 1 WALKWAY ACT LINE RESIDENCE t 1` NEW POOL AND IMPERVIOUS 1 + DECK WITHIN FOOTPRINT OF by 1 1{ PREVI0U5LY PAVED AREA 1 111 LIMITS OF PREVIOUSLY ' PAVED AREA � 1 1 1 FRO11T ' NEW RAISED, PERVIOU5 D 1NUpP DECK EXTENDING y 1 INTO MARSH BUFFER l 4 NEW COURTYARD 5CREEN SALT MARS m WALL I O ii •� �\ � 1 i 1 e s o MARSH SUFFER r I WOODEN BULKHEAD S' y 1�� ' G47NGR CITY OF 7Y13EE ISLAND j EX151 IIv� P+Y1NC7 , • BUILPING SETBACK LIN RESIDENCE • ' T �' e 10' BSL _ — 1— — -- -- - __ -- -- -- -- --- 10, B51- 1 ,1 1 • \ s -i -A Za � � � ' • � v. av a q� a Vv y p b GOriGRETE BRIDGE v o a 5 10' 20' 40' 60' NORTH GRAPHIC S,—ALE PROPOSED SITE LAYOUT 1.2 SCALE: 1" = 20'-0" GR6III� LA R C M I T G L T 11 26 E 35TK Si SAVANNAH. GA 31401 T 912.447.5665 1 91 2.447,9381 W W W,GREENLINEARCK.C:0M NOT FOR CONSTRUCTION PROGRESS PRINT Job NO: 18.029 1560E II 06,29,2018 DRAWN', OMR A1.2 w ui 0 0° QL CL W ! !1 zLu Z rrrR� 0 t� �1 Z LLJ NCL cl�Lu Q V) Q L11 U u' 7-z Lu ° Q¢z a L1� J¢� Zo�w1u U -J N W QL, Lu m IL Q F, FE NOT FOR CONSTRUCTION PROGRESS PRINT Job NO: 18.029 1560E II 06,29,2018 DRAWN', OMR A1.2 Applicant's Name CITY OF TYBEE ISLAND SITE PLAN APPROVAL WITH VARIANCE APPLICATION If, r Pti1101VN Address and location of subject property PIN l tu�©� Applicant's Mailing Address Brief description of the land 7 rRf`1A-, �itVII ' Explain the requested variance Nt Explain the hardship r 1\1 Property Owner's Name Property Owner's Address Is Applicant the Property Owner? - 43 lue r Applica is Telephone Nu ber \%.5 ve- T% Site Plan Fee Commercial $500 Residential $250 Variance Fee Carnmercial $500 Residential $200 activity and use of the land thereafter to take place °p thproperty: ? VM1E -e,Cu �Y`Pf �'�v re. ► rL W%lJ r efA R ov Yes No If Applicant is the Property Owner, Proof of Ownership is attached: �4V Number Yes 0 If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such landdevelopment is attached hereto. Yes y1 Current Zoning of PropertL A,, I I Current Use Names and addresses of all a jacent pr perty 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 Iocal 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 descri each gift having a value of $250 or more made by the Applicant to the local govern o ficial the (2) years immediately preceding the filing of the application for this zoning Fee Amount $ City Official -� /9 Date NOTE: Other specific data is required for each type of Site Plan Approval with Variance. Check Number Date NOTE: This application must be accompanied by additional documentation, including drawings that includ_c or illustrate the information outlined below. 3 copies, no smaller than 24 x 36, of the engineered drainage and infrastructure plan. 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 hear' be scheduled.") The Applicant�fio he/she as read t requirements for Site Plan Approval with Variance and has provided the required ' rmabes his/her ity in a truthful and honest manner. --7 W/Z Sig rcant Date 1 copy, no smaller than 11 x 17, of the existing tree survey and the tree removal and landscaping plan. Disclosure of Campaign Contributions 5-040 (D)(1) Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions. I copy, no smaller than 11 x17, of the proposed site plan and architectural - enderings. 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 subject property, indicating uniqueness, etc. 5-090 $ 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 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 hear' be scheduled.") The Applicant�fio he/she as read t requirements for Site Plan Approval with Variance and has provided the required ' rmabes his/her ity in a truthful and honest manner. --7 W/Z Sig rcant 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 OFFICIAL CONTRIBUTIONS OF $250.00 OR MORE GIFTS OF $250.00 OR MORE DATE OF CONTRIBUTIO -i 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 $25.0.00 HAVE BEEN--. MAI)E-- TQ ANY MEMBER OF THE PLANNING C MMI,SSION OR M R AND COUNCIL. —� Signature , l% Printed Name W G i +t Date by l b STAFF REPORT PLANNING COMMISSION MEETING: July 16, 2018 CITY COUNCIL MEETING: August 9, 2018 LOCATION: 4 Silver Ave. Parcel # 4-0008-06-015 APPLICANT: Walt Freeman EXISTING USE: Private pool ZONING: Cl/SE USE PERMITTED BY RIGHT: Yes OWNER: Walt Freeman PROPOSED USE: Private pool PROPOSED ZONING: C-1/SE COMMUNITY CHARACTER MAP: The Strand/Historic Downtown District APPLICATION: Site plan review with variance PROPOSAL: The applicant requests site plan approval to renovate an existing private pool. This will also entail removing two existing nonconforming structures and adding one structure. The applicant requests that the new structure be allowed to encroach three feet into the front setback. ANALYSIS: This site has been unused for many years. The pool is in serious need of repair. The existing buildings are also in need of repair. The proposed building would encroach three feet into the required eight foot front setback. It will also cover the only greenspace on the property. If ADA access is required the ramp would further encroach into the setback. The entire site is nonconforming currently. The pool is planned to be used by customers of the owner's short term rental business and not be opened to the public. 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 Meets Recommended Development Strategies Strategy YIN or NIA 1. Future development and redevelopment should be very pedestrian oriented with safe y connections to adjacent nei hborhoods and commercial areas 2. Promote mixed densities of residential development, including upstairs residential over Y commercial. 3. Encourage mixed uses to provide for the daily needs of residents and tourists. Y 4. Commercial uses should be low intensity and consistent with the existing character. Y 5. Encourage development/redevelopment of existing vacant properties and underutilized Y structures 6. Encourage the preservation, restoration and adaptive reuse of historic structures through NIA incentives 7. Beautification and fayade improvement projects should be implemented to improve area aesthetics 8. Preserve/retain buildings that can house small businesses. STAFF FINDING NIA Y The use is allowed in this district but with the changing lodging market, this will essentially be a "hotel" pool for several remote sites. This site is in definite need of upgrade. This is a small lot with a large pool. The existing pool and deck makes it difficult to develop this site without a variance to allow for a place for a bathroom and pool equipment. No additional details are given for the building so we do not know if other options are available to avoid the variance request. While sympathetic staff cannot support this request without more details on the building and a better understanding of how stormwater will be handled. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Site plan review application B. Site plans C. Property card D. SAGIS map A. U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SETTLEMENT STATEMENT Bouhan Falligant LLP One West Park Avenue Savannah, Georgia 31401 (912)232-7000 fax:(912)233-0811 B. TYPE OF LOAN 1, FNA 7. FMHA 1. E] CONY. UNINS. 4. VA S. ❑CONV.INS. d, FIe N.W.; 7. Lo.n Numbar: 1. Mannas Ins. Cue No,: C, NOTE: 77ris form is furnished to give you a slalemenl ofacrual selllemen! cows. Amounts paid to and by the selriement agent are Shown. hems MAW (poc) werr paid ou/iide rhe closing They an shown here for informmliawI pu+poses and are not included in the totals, Tybee Pool, LLC, a Georgia limited liability company D. Borrower: 331 Tattnall Street 800.00 Savannah Georgia 31401 215,000,00 James Eldo Hartz E, Seller: 204 7th Street D91.50403. Tybee Island Georgia 31328 F,Lender: _ 4 Silver Avenue Tybee Island, Chatham County, Georgia 31328 G Pro Eastern 20 feet of Lot Number 1 and the Western 40 feet of Lot Number 2 of a Resubdivision of Beach Lot No. 407, County / Parish Taxes Jun 15, 2018 thru Jun 30, 2018 101, Ward 5, Tybee Island, Chatham County Georgia _ H. Settlement Agent: Bouhan Falligant LLP Place ofSettlement: One West Park Avenue, Savannah, Georgia 31401 Chatham County 1. Settlement Date: June 15, 2018 J. Summary of Borrower's Transaction 107 County / Parish Taxes Jun is 2018 108, Assessments 120, Gross Amount Due from 200. Amounts Paid by or in Bt 303. Cash From Borrower: Borrower Initials: AP' Walter J. Freeman Sellcr Initials' d4 James Eldo Hartz HUD -1 May 2007 June 14, 2018 5:54 PM $52,255.86 1603. Cash To Seller: $34,301.87 K. Summary of Seller's Transaction 400. Gross Amount Due To Seller: 800.00 401, Contract Sales Price 215,000,00 402. Personal Property D91.50403. Adjustments for Items Paid by Seller in Advance: 406. Ci / Town "faxes 174.36 407, County / Parish Taxes Jun 15, 2018 thru Jun 30, 2018 174,36 408. Assessments 155.86 420. Gross Amount Due to Seller: 215,174,36 500. Reductions in Amount Due to Seller: 000.00 501, Excess Deposit (see Instructions) 1,000.00 000.00 502. Settlement Charges to Seller Line 1400 14,872.49 503. Existing Loan(s) 504. Payoffof First Mortgage 505. PiioffofSecondMortgage _ 506. Purchase Money Mortgage 165,000.00 Adjustments for items Unpaid by Seller: 510. Ci l Town Taxes 511. County/ Parish Taxes 512. Assessments 100.00 320. Tota] Reductions in Amount Due Seller: 180.872.49 $52,255.86 1603. Cash To Seller: $34,301.87 Settlement Date:June 15, 2018 File Number: 19446-0006 L Settlement Charges _ 700. Total Sales / Broker's Commission: Paid from Paid from Based on Price $215,000.00 Q 6.00% = $12,900.00 Borrower's Seller's Division of Commission as follows Funds at Funds at ,n, 6 nen Fin, nl—A;— P-1 eoror� r,-- r r r Settlement Settlement In 1000. nsurance 1100. 1 l07 Attorney Fees to Douhan Falliganl LLP 3,300.00 includes above item numbers: 1108, Title Insurance to First American Title Insurance Company 500.00 (includes above item numbers: 1110. Owner's Coverage 215,000.00 D r,,,;,7 $500.00 1305, Pitmenu Re: Option Termination to Natalie Gordon )uu.uu 1400. Total Settlement Charges (Enter on line 103, Section J and line 502, Section K) 55,081.50 $14,872.49 I have carefully reviewed the HUD -1 Settlement Sintemenl and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by mein this transnclion. 1 further certify that 1 have received a copy of HUD -1 Settlement Statement. Ty P C, n Georgia lira ara a o pn Borrower; Stlkr: az� Welter J. Freeman, Mannger V Eldo Hartz The HUD -I Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with the instructions of flue parties hereto. Settlement Agent: VAME Date: June l5, 2018 Harrarlin WARNING: It is a crime to knowingly slake false statements to the United Stales on this or any otter similar fonn. Penalties upon conviction can include a fine and imprisonment. For details see Tide 18 U.S. Code Section 1001 and Section 1010. HUD -1 May 2007 June 14, 2018 5:54 PM OPERATING AGREEMENT OF TYBEE POOL, LLC THIS OPERATING AGREEMENT (the "Agreement') of TYBEE POOL, LLC, a Georgia limited liability company (the "Company") is made and entered into as of June 12, 2018, by and among: Walter J. Freeman (Said individuals are sometimes referred to collectively as the "Members" and singularly as a "Member".) RECITALS A. The Members desire to form a limited liability company under the Georgia Limited Liability Company Act as the same may be amended from time to time or any future statute of similar import (the "Act'). B. The Members desire to make provision for the harmonious operation of the Company and for the obligations of each of the Members with respect to the Company upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual benefits and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Members hereby agree as follows: ARTICLE ONE DEFINITION$ 1.1 "Agreement" means this Operating Agreement, as amended from time to time. 1.2 "Code" means the Internal Revenue Code of 1986, as the same may be amended from time to time or any future statute of similar import, and "Regulation" means a regulation promulgated under the Code. 1.3 "Company" means the limited liability company formed by the Members pursuant to this Agreement. 1.4 "Manager" or "Managers" means and includes those persons appointed pursuant to Section 4 hereof. 1.5 "Member" or "Members" means and includes those persons listed on Exhibit "A,', attached hereto and made a part hereof by this reference, or any future member admitted to the Company under Section 8.3 hereof. 1.6 "Percentage Interest" means a Member's interest in the capital and profits and losses of the Company as shown on Exhibit "A". "Percentage Interests" means the total interests of all Members in the capital and profits and losses of the Company. 1.7 "Person" or "Persons" means and includes an individual or any entity legally recognizable as such under the laws of the State of Georgia. 1.8 "Property" means all personal property, real property and improvements that the Company may own from time to time. ARTICLE TWO ESTABLISHMENT OF COMPANY 2.1 Formation of Company. The Members hereby form the Company for the purposes set forth herein. The Company shall be a limited liability company and shall be governed by the Act. 2.2 Term. The existence of the Company shall commence upon the date the Articles of Organization are filed with the Secretary of State of Georgia and shall continue in perpetuity unless sooner terminated in accordance with Article Nine hereof. 2.3 Principal Office. The principal office of the Company shall be such place as the Managers may designate from time to time. 2.4 Registered Office and Agent. The Company will designate a registered agent and registered office for service of legal process, and these designations are to be filed with the Georgia Secretary of State as required by the Act. These designations may be changed at any time. In the event the Company fails to make a designation, or a registered agent resigns without a new designation of a registered agent and office, then the Manager (or one of the Managers, as the case may be) and that officer's business address, are to be filed with the Georgia Secretary of State as the registered agent and office of the Company until the Company makes some affirmative designation. 2.5 Purposes of the Company. The purpose of the Company is to engage in any business or activity permitted under the Act; and to engage in such other activities as may be necessary, advisable or convenient to the promotion or conduct of the business of the Company, including but not limited to the ownership and management of the Property and, in connection therewith (but not in limitation thereof): (a) to acquire, hold, manage, improve, operate, maintain, sell, mortgage, exchange, lease or otherwise dispose of the Property, any real or personal property or other assets from time to time; (b) to borrow money without limitation as to amount and to secure the payment of any obligation of the Company by mortgage, hypothecation, pledge or other security assignment or arrangement covering all or part of the Property or other assets of the Company; and (c) to do and perform all things necessary for, incident to, connected with or arising out of the foregoing purposes. 2.6 Members and Their Percentage Interests. The name, address, capital contribution and Percentage Interest of each Member shall be as set forth on Exhibit "A" attached hereto and made a part hereof, as shall be revised from time to time as circumstances require. ARTICLE THREE CAPITAL CONTRIBUTIONS 3.1 Initial Capital Contributions. (a) Amount of Contribution. Upon the execution of this Agreement, each Member shall contribute the property specified in Exhibit "A" to the capital of the Company. (b) Duty to Contribute. Each Member's obligation to make a capital contribution is expressly conditioned upon the other Members having made their respective capital contributions in accordance with Section 3.1(a) above. 3.2 Capital Accounts. (a) Capital Accounts, Separate capital accounts shall be maintained for each Member and shall consist of the sum of such Member's contributions of cash to the capital of the Company, plus the agreed upon fair market value of any property contributed by such Member to the capital of the Company, plus the share of net profits and gains of the Company allocated to such Member for tax accounting purposes (except for net profits and gain allocated pursuant to Section 6.1(c)(ii)), less the debt encumbering any property contributed by such Member to the capital of the Company, less such Member's share of the net losses of the Company allocated to such Member for tax accounting purposes (except for net losses allocated pursuant to Section 6.1(c)(ii)) and less the sum of all distributions of cash and the fair market value of all distributions of property made to such Member by the Company. All capital accounts shall be determined and maintained at all times in strict accordance with all the provisions of Regulation Section 1.704-1(b)(2)(iv) or any future regulation of similar import. (b) Adjustments to Capital Accounts; Changes in Percentage Interests. Upon the contribution to or distribution from the Company of property in connection with the admission to or withdrawal from the Company of a Member or a change in the interest of a Member, the assets of the Company shall be revalued on the books of the Company to reflect the 3 fair market value of such assets at the time of the occurrence of such event, and the capital accounts of the Members shall be adjusted in the manner provided in Regulation Section 1.704- 1 (b)(2)(iv)(f)&(g) or any future regulation of similar import. 3.3 Interest on and Return of Capital. No Member shall be entitled to interest on his capital account or on his contributions to the capital of the Company; and, except as otherwise provided in Article Nine hereof, no Member shall have the right to demand or to receive the return of all or any part of his capital account or of his contributions to the capital of the Company. 3.4 Waiver of Right of Partition. Each of the Members hereby waives any right he might have to cause any property or other assets of the Company to be partitioned, or to file a complaint or to institute any proceeding at law or in equity to cause any property or other assets of the Company to be partitioned. 3.5 Contributions and Loans from Members. Subject to the provisions of this Agreement: (a) Manager Determination of Potential Insolvency. Whenever a majority of the Managers in good faith believe that the Company is, or at any time within the following (90) days will be, in the position of having payment obligations in excess of cash or equivalent resources with which to fund such obligations, including: (i) anticipated funds available through calls for additional contributions, and (ii) available borrowed funds (although Managers are not obligated to borrow such funds or to become personally liable for their repayment), then the Managers will make a determination of a potential insolvency. (b) Notification to Members of Potential Insolvency. When the Managers determine that a potential insolvency situation exists, as defined in this Section, they will notify the Members. (c) Managers and Mempers Not Obligated to Contribute Where Potential Insolvency. Whenever a potential insolvency situation exists, as defined in this Section, neither Managers nor the Members are obligated to purchase additional interests in the Company beyond those expressly required pursuant to this Agreement. The Members may, however, purchase in proportionate amounts such additional interests as the Managers deem necessary for the operation of the Company, provided that in the event any Member declines, refuses or fails to purchase that Member's proportionate share of any or all of the additional interests, this Agreement is to be amended pursuant to the procedures in this Agreement to reflect that Member's proportionate decrease in Member interests, and to reflect the proportionate increase in Member interests of those Members who pay their proportionate share, or who, individually or collectively, elect to pay the share of those Members declining, refiising or failing to pay the additional interests. (d) Members Not Obligated to Make Loans Where Potential Insolvency. Whenever a potential insolvency situation exists, the Members have the right, but no duty, to lend funds to the Company, in such proportions and amounts as the Members may then agree upon. (i) Treatment of Loan Offers from Members in Excess of Amounts Needed. If some or all of the Members collectively desire to lend more funds than are necessary to cover the potential insolvency situation, the Company will accept loans from Members in proportion to the Member's respective Percentage Interests. (ii) Member Loan Repayment by Company. All funds lent by Members to the Company to deal with the potential insolvency situation are to be repaid by the Company, together with debt interest on the amounts lent, computed at the prime interest rate as quoted by the "Wall Street Journal, Southeastern edition", during the period these loans remain outstanding, but not more than the maximum rate permitted to be charged individuals under Georgia law as applicable to the circumstances, compounded quarterly. In all events, no Manager, officer, agent or Member of the Company is personally liable for repayment of such loans by the Company. (iii) Priority of Loan Repayments over Distributions to Members. Repayment by the Company of any loans made by Members under this Section are to be treated as a priority over any distribution from the Company to any Member. ARTICLE FOUR MANAGEMENT OF THE COMPANY 4.1 Powers and Duties of the Manners. Management of the Company is reserved to the Managers, who shall be elected by the Members. Subject to the provisions of Section 4.2 below, the Managers shall have the exclusive power, authority and discretion to take such action for and on behalf of and in the Company as they shall deem necessary or appropriate to carry out the purposes for which the Company is organized. Every contract or agreement in the ordinary course of business entered into by the Company shall be in writing and shall be duty authorized and executed by at least one (1) Manager. Every instrument purporting to be the action of the Company and duly authorized and executed by at least one (1) Manager shall be conclusive evidence in favor of every person relying thereon or claiming thereunder that, at the time of delivery thereof, this Agreement was in full force and effect and that the execution and delivery of such instrument was duly authorized by the Company. Without limiting the generality of the foregoing, each Manager shall have full and complete power, authority and discretion: (a) to acquire, hold, manage, improve, operate, maintain, sell, mortgage, exchange, lease or otherwise dispose of real or personal property or other assets from time to time; (b) to acquire interests in partnerships, joint ventures, corporations or other entities, provided that such interests bear some necessary or advisable relationship to the purposes for which the Company is organized; (c) to make application for all governmental licenses and permits required in connection with the Company's business and the acquisition, operation, rental and sale of all or any portion of the assets of the Company; (d) to grant, declare or establish easements for, or otherwise enter into agreements respecting, the use of any roadway, driveway, parking area, common area, recreational facility or amenity now or hereafter constructed upon any real property or owned by the Company or utility distribution lines crossing or serving such real property or other assets of the Company; (e) to perform all acts and duties relating to the payment of all indebtedness, taxes and assessments due or to become due for real property or other assets or business of the Company; (f) to make application and to maintain in force all insurance which is necessary or advisable to protect the business or other assets of the Company; (g) to collect all monies due to the Company and to disburse Company funds for Company purposes to those persons entitled to receive them as set forth in this Agreement; (h) to establish, maintain and supervise the deposits and withdrawals of funds into bank accounts of the Company; (i) to employ accountants, attorneys and other persons to provide services which are necessary or advisable in connection with the purposes for which the Company is organized; (j) to conduct the affairs of the Company with the general objective of financial gain; (k) to prosecute, defend and appeal such actions at law or in equity as may be necessary to enforce or protect the interests of the Company in any matter and to cause the Company to respond to any final decree, judgment or decision of any court, board or authority; and (1) to execute and deliver for and on behalf of the Company any contract, agreement, note, deed, lease, security agreement, affidavit or other document which is necessary 6 or advisable to effectuate the aforementioned powers in this Section or which is in furtherance of the purposes for which the Company is organized. 4.2 Limitations on Power of the Managers. Anything contained in Section 4.1 or elsewhere in this Agreement to the contrary notwithstanding, without having first obtained the written consent of all of the Members, a Manager shall not: (a) cause the Company to sell, convey, exchange, transfer or otherwise dispose of all or substantially all of the assets of the Company other than in the course of the liquidation of the Company under Article Nine hereof; (b) borrow money on behalf of the Company in any one transaction or series of related transactions; (c) cause the Company to acquire, by purchase, lease or otherwise, any real property or interest therein; (d) cause or permit the Company to extend credit or to make any loans or become a surety, guarantor, endorser or accommodation endorser for any person; (e) release, compromise, assign or transfer any claims, rights or benefits of the Company other than in the normal course of business; (f) confess or agree to confess to a judgment against the Company or submit or agree to submit a Company claim to arbitration; (g) distribute any cash or other assets of the Company other than as provided in this Agreement, or establish any reserve other than for the reasonable needs of the Company's business; or (h) dissolve or liquidate the Company; (i) admit additional Members; 0) amend this Operating Agreement or the Articles; (k) institute proceedings to have the Company adjudicated bankrupt or insolvent; (1) consent to the institution of bankruptcy or insolvency proceedings against the Company; (m) file a petition seeking or consenting to reorganization or relief of any applicable federal or state law relating to bankruptcy; (n) consent to the appointment of a receiver, liquidator, assignee, trustee, sequestrator (other similar official) of the Company or a substantial part of the Property or assets of the Company; (o) make any assignment for the benefit of creditors; (p) admit in writing the inability of the Company to pay its debts generally as they become due; (q) do any act in contravention of this Agreement or which would make it impossible or unreasonably burdensome to carry on the business of the Company. 4.3 Election and Tenure. Each Manager initially elected holds office until the first annual meeting of Members and until that Manager's successor is elected and qualified, or until that Manager's earlier resignation, removal from office, or death. At the first annual meeting of the Members and at each annual meeting thereafter, Managers are elected, and each will hold office until the next annual meeting of Managers when their successors are elected and qualified, or until their earlier resignation, removal from office, or death. Each Manager must receive an affirmative vote of the holders of more than fifty percent (50%) of the Percentage Interests of the Members. 4.4 Removal. Any one or more of the Managers or all of the Managers may be removed from office, with or without cause, by the affirmative vote of more than fifty percent (501/o) of the Percentage Interests of the Members. Notice of a proposal to remove one or more Managers must be included in the notice of the meeting of Members. 4.5 Vacancies. Any vacancy occurring among the Managers shall be filled by a successor appointee who receives the affirmative vote of more than fifty percent (50%) of the Percentage Interests of the Members. Any Manager appointed under this section shall serve for the unexpired term of the Manager to whose place the successor appointee succeeds. 4.6 Compensation of Managers. The Managers shall be entitled to reimbursement for all reasonable expenses incurred for and on behalf of the Company upon making application for same. Such application shall be supported by the type of documentary proof which would be reasonably required to substantiate a deduction for tax purposes. The Managers shall not be entitled to any management fee or other for undertaking the duties set forth in Section 4.1 hereof unless such fees are approved unanimously by the Members at a meeting called for that purpose. 4.7 Reasonable Business Judgment; indemnification. The Managers shall exercise reasonable business judgment and prudence in managing the affairs and business of the Company. To the extent of its assets, the Company shall indemnify and hold harmless the Managers from and against any claim or liability incurred by or imposed upon the Managers in connection with the good -faith performance of their duties and obligations under and in conformity with the provisions of this Agreement. 4.8 Partnership Representative. The Members shall designate a "Partnership Representative" of the Company, as that term is defined in the Code. The duties and obligations of the Partnership Representative shall be as set forth in the Code. The Partnership Representative may resign from his duties and obligations or may be relieved of his duties and obligations, and a new Partnership Representative may be designated, at a meeting called for that purpose upon the affirmative vote of Members holding seventy-five percent (75%) of the total Percentage Interests of the Company. 4.9 Banking. The funds of the Company shall be kept in a separate account or accounts in the Company in such bank, banks or other federally insured depositories as may be designated by the Manager. All withdrawals therefrom shall be made on such signature or signatures as may be designated by the Manager. 4.10 Limitations on the Authority of Members. No Member shall have the authority to enter into contracts on behalf of the Company, to convey any interest in the assets of the Company, to incur debts or obligations on behalf of the Company or to take any other action in contravention of the authority granted to the Managers under Section 4.1 and 4.2 hereof. ARTICLE FIVE MEETINGS 5.1 Annual Meeting. The annual meeting of the Members will be held the first Tuesday in the month of January in each year, at the hour of 10:00 a.m., for the purpose of electing Managers and for the transaction of such business as may come before the meeting, unless the Members are notified of a different meeting date and time by the Manager as provided herein. If the day fixed for the annual meeting is a legal holiday, the meeting will be held on the next succeeding business day. If the election is not held on the day designated in this Agreement for the annual meeting of the Members, or at any adjournment of the meeting, the Members will cause the election to be held at a special meeting of the Members as soon afterward as it may conveniently be held. 5.2 Regular Meetings. The Members may prescribe the time and place for the holding of regular meetings and may provide that the adoption of the resolution will constitute notice of the regular meetings. If the Members do not prescribe the time and place for the holding of regular meetings, regular meetings will be held at the time and place specified by the Manager(s) in the notice of each regular meeting. 5.3 Special Meetings. Special meetings of the Members, for any purpose or purposes, unless otherwise prescribed by statute, may be called by the Manager(s) or by any two Members. 5.4 Notice of Meeting. Written or telephonic notice stating the place, day and hour of the meeting and, in case of a special meeting, the purposes for which the meeting is called, must be delivered not less than two (2) days nor more than thirty (30) days before the date of the 9 meeting, either personally or by certified mail, return receipt requested, by or at the direction of the Manager(s), to each Member of record entitled to vote at the meeting. If mailed, the notice will be deemed to be delivered when deposited in the United States mail, addressed to the Member at the address as it appears on the books of the Company, with postage prepaid. When all the Members of the Company are present at any meeting, or if those not present sign in writing a waiver of notice of the meeting, or subsequently ratify all the proceedings of the meeting, the transactions of the meeting are as valid as if a meeting were formally called and notice bad been given. 5.5 Quorum. At any meeting of the Members, a majority of the equity interests, as determined from the capital contribution of each Member as reflected by the books of the Company, represented in person or by proxy, will constitute a quorum at a meeting of Members. If less than a majority of the equity interests are represented at a meeting, a majority of the interests so represented may adjourn the meeting from time to time without fi.trther notice. At an adjourned meeting at which a quorum is present or represented, any business may be transacted which might have been transacted at the meeting as originally notified. The Members present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of enough Members to leave less than a quorum. 5.6 Proxies. At all meetings of Members, a Member may vote by proxy executed in writing by the Member or by his duly authorized attorney-in-fact. The proxy must be filed with the Manager(s) of the Company before or at the time of the meeting. No proxy may be valid after three months from the date of execution, unless otherwise provided in the proxy. 5.7 Manner of Acting. (a) Formal action by Members. Ordinarily, the act of a majority of the Members present at a meeting at which a quorum is present will be the act of the Members. On demand of any Member, voting on a particular issue may be in accordance with Percentage Interest in the Company. (b) Procedure. The Manager(s) of the Company will preside at meetings of the Members. A record must be maintained of the meetings of the Members. The Members may adopt their own rules of procedure which may not be inconsistent with this Operating Agreement. (c) Presumption of Assent. A Member of the Company who is present at a meeting of the Members at which action on any matter is taken will be presumed to have assented to the action taken, unless his dissent is entered in the minutes of the meeting or unless he files his written dissent to the action with the person acting as the Records Manager of the meeting before the adjournment of the meeting or forwards his dissent by certified mail to the Records Manager of the meeting immediately after the adjournment of the meeting. The right to dissent will not apply to a Member who voted in favor of the action. (d) Informal Action of Members. Unless otherwise provided by law, any action required to be taken at a meeting of the Members, or any other action which may be taken 10 at a meeting of the Members, may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed by all the Members entitled to vote with respect to the subject matter thereof. 5.8 Telephonic Meeting. Members of the Company may participate in any meeting of the Members by means of conference telephone or similar communication if all persons participating in the meeting can hear one another for the entire discussion of the matters to be voted on. Participating in a meeting pursuant to this Section will constitute presence in person at the meeting. ARTICLE SIX ALLOCATIONS AND DISTRIBUTIONS 6.1 Allocation of Profits and Losses for Income Tax Purposes. (a) Allocation of Profit or Loss from Operations. Except as otherwise provided in Sections 6.1(b) and 6.1(c), the Company's income, gain, loss, deduction or credit, and all items thereof, from the business of the Company, as determined for federal income tax purposes, shall be allocated to the Members for book purposes and for tax purposes proportionately to the Members' respective Percentage Interests in the Company. (b) Allocation of Profit or Loss Upon An Event Resulting in Capital Proceeds or Dissolution and Winding Up. Except as otherwise provided in Section 6.1(c), the Company's income, gain, loss, deduction or credit, and all items thereof, from an event resulting in Capital Proceeds or dissolution and winding up of the Company as provided in Sections 9.1 or 9.2, for book purposes and federal income tax purposes, shall be allocated as follows: (i) first, to the extent any Member has a deficit in his capital account, income and/or gain shall be allocated among such Members in proportion to the ratio of their respective deficits until no Member has a deficit in his capital account; and (ii) second, all other items of income, gain, loss, deduction or credit shall be allocated to the Members proportionately to the Members' respective Percentage Interests in the Company. (c) Overriding Allocation Rules, Anything contained in any other provision of Section 6.1 to the contrary notwithstanding, the following provisions shall control: (i) Cost Recovery Recapture. if income or gain allocated pursuant to Sections 6.1(a) or 6.1(b) includes income treated as ordinary income for income tax purposes because it is attributable to the recapture of depreciation or cost recovery deductions, then, except as otherwise required by this Section 6.1(c), so much of such gain as is treated as ordinary income shall, to the extent possible, be allocated to and reported by the Members in proportion to the amount of 11 depreciation or cost recover deductions that have been allocated to the Members through the period of such allocation. (ii) Variations in Value between the Property and Other Assets of the Company for Book and Tax Purposes. The Company's income, gain, loss, deduction or credit, and all items thereof, with respect to real property or other assets of the Company that had an adjusted tax basis which varied from its value for book purposes at the time such real property or other assets were contributed to the Company, shall, solely for tax purposes, be allocated among the Members so as to take account of any such variation in accordance with Code Sections 704(b) and 704(c) and the Regulation Section 1.704-1(b)(4)(i) promulgated thereunder. Allocations pursuant to this Section 6.1(c)(ii) are solely for federal, state and local income tax purposes and shall not affect, or in any way be taken into account, in computing any Member's capital account. (iii) Minimum Gain Chargeback. If there is a net decrease in the Minimum Gain (as defined below) of the Company during any fiscal year of the Company, each Member who would otherwise have a deficit in his capital account at the end of such year shall be specially allocated items of the Company's income and gain for such year (and, if necessary, subsequent years) in an amount and manner sufficient to eliminate such deficit as quickly as possible. The items to be so allocated shall be determined in accordance with Regulation Section 1.704-2. For purposes of this Section 6.1(c)(iii), the term "Minimum Gain" means the amount determined by computing, with respect to each non-recourse liability of the Company, the amount of gain, if any, that would be realized by the Company if it disposed of (in a taxable transaction) the real property or other assets subject to such liability in full satisfaction of such liability, and by then aggregating the amounts so computed. Such computations shall be made in a manner consistent with Regulation Section 1.704-2. This Section 6.1(c)(iii) is intended to comply with the Minimum Gain Chargeback requirement in Regulation Section 1.704-2(f) and shall be interpreted consistently therewith. (iv) Special Allocations: Items in the Nature of Income or Gain. In the event any Members unexpectedly receive any adjustments, allocations or distributions described in Regulation Sections I.704-1(b)(2)(ii)(d)(4), 1.704-1(b)(2)(ii)(d)(5) or 1.7044(b)(2)(ii)(d)(6), items of the Company's income and gain shall be specially allocated to such Members in an amount and manner sufficient to eliminate the deficit balances in their capital accounts created by such adjustments, allocations or distributions as quickly as possible. Any special allocations of items of income or gain pursuant to this Section 6.1(c)(iv) shall be taken into account in computing subsequent allocations of profits pursuant to this Section 6.1 so that the net amount of any items so allocated and the profits, losses and all other items allocated to each Member pursuant to this Section 6.1 shall, to the extent possible, be equal to the net amount that would have been allocated to each such Member pursuant to the provisions of this Section 6.1 if such unexpected adjustments, allocations or distributions had not occurred. 12 6.2 Definition of Cash Flow. The Cash Flow (as hereinafter defined) of the Company shall be determined at the end of each fiscal year of the Company. The term "Cash Flow" shall mean an amount equal to gross cash revenues received by the Company from the operation of its business affairs plus Capital Proceeds (as defined in Section 6.4) and the amount of any decrease(s) in any reserves (described below), less the following: (a) amounts disbursed in payment of operating expenses; (b) amounts designated by the Managers as cash reserves in compliance with financing arrangements or for (i) aggregate authorized expenditures, (ii) anticipated working capital requirements or (iii) anticipated capital improvements and replacements; (c) debt service payments on any authorized loans or borrowings of the Company excluding any loans or advances from the Members; and (d) payments for capital improvements and replacements. 6.3 Distribution of Cash Flow. The Cash Flow (exclusive of Capital Proceeds) of the Company for each fiscal year shall be distributed to the Members in such amounts and at such times as determined by the Managers, but not later than on or before the seventy-fifth (75th) day of the succeeding fiscal year, in the same order and priority as profits are allocated under Section 6.1(a) hereof. 6.4 Distribution of Capital Proceeds. The term "Capital Proceeds" means proceeds received by the Company by reason of any sale of the real property or other assets, any refinancing of any permanent loan on the real property or other assets, any insurance payment or damage recovery with respect to the real property or other assets to the extent that such proceeds are not required to repair or restore the real property or other assets and any condemnation, or sale in lieu of condemnation, of all or any portion of the real property or other assets of the Company. All non -liquidating distributions of Capital Proceeds shall be distributed in such amounts and at such times as determined by the Manager to the Members in proportion to their respective capital accounts in the Company. 6.5 Liquidatina Distributions. All distributions made to the Members upon or in connection with the dissolution and liquidation of the Company shall be governed by the provisions of Article Nine. ARTICLE SEVEN ACCOUNTING 7.1 Fiscal Year. The fiscal year ("Fiscal Year") of the Company shall be the calendar year, unless otherwise agreed by the Members. 13 7.2 Method of Accounting. The Company's books of account shall be maintained, and its income, gains, losses, deductions and credits shall be determined and accounted for, in accordance with the cash method of accounting unless otherwise agreed by the Members. Except as otherwise provided in this Agreement, the Company shalt account for each and every item of its income, gain, loss, deduction and credit for financial accounting purposes in the same manner as it accounts for each such item for income tax purposes. The Company will affirmatively opt out of the provisions of the Bipartisan Budget Act of 2015 by making a timely election with the Internal Revenue Service each year. 7.3 Financial and Operating Statements. Within seventy-five (75) days after the end of each Fiscal Year, the Managers, at the expense of the Company, shall cause the Company's federal and state income tax returns, schedules K-1 for each Member and unaudited financial statements to be prepared and distributed to each Member. Such financial statements shall reflect the results of the operations of the Company for such year, the unpaid balance due on all obligations of the Company, each Member's share of the net profit or net loss of the Company for both financial accounting and income tax purposes, each Member's distributive share of all of the items of income, gain, loss, deduction or credit of the Company for income tax purposes and all other information customarily reflected in financial statements prepared in accordance with the Company's method of accounting. 7.4 Location of and Access to Books of Account. The Company's books of account shall be maintained at the principal office of the Company or such other place as the Manager may determine. The Company's books shall be opened to examination and copying by any Member or his authorized representatives (at the expense of such Member) at any reasonable time during normal business hours. 7.5 Adjustment to Basis. In the event of the sale or exchange of an interest in the Company permitted by the terms of this Agreement or upon the death, dissolution or liquidation of any Member, or in the event of the distribution of property to any Member, at the option of any Member standing to benefit thereby, the Company shall file an election under Code Section 754 to cause the basis of the Company's assets to be adjusted for income tax purposes as provided by Code Sections 734 and 743. ARTICLE EIGHT TRANSFER OF INTEREST• ADMISSION AND WITHDRAWAL OF MEMBERS 8.1 Restriction Against Transfer of Interest. No Member shall transfer, sell, assign, pledge as security, encumber, give or in any way alienate his Percentage Interest, or any right or interest therein, to any person, except as provided in this Agreement or otherwise agreed to by the unanimous vote of all the Members. Any purported transfer in violation of any provision of this Agreement shall be void and ineffectual and shall not operate to transfer any interest or title in the purported transferee. 8.2 _Right of First Refusal and Option. 14 (a) Proposed Sate of Percentage Interest. (i) First Refusal Notice. In the event any Member desires to sell all or any portion of his Percentage Interest, or any interest therein, and receives from a prospective purchaser a bona fide offer for such interest, such Member (the "Selling Member") shall give to the other Members written notice of such offer setting forth the prospective purchaser, purchase price and terms and conditions of the proposed sale (the "First Refusal Notice"). (ii) Buy Notice. Upon receipt of the First Refusal Notice, each of the other Members shall have thirty (30) days to elect to purchase all (but not less than all) of the Selling Member's interest which is offered for sale at the purchase price set forth in the First Refusal Notice by giving written notice (the "Buy Notice") to the Selling Member. If more than one Member gives a Buy Notice, they shall be entitled to purchase all (but not less than all) of such interest in proportion to their Percentage Interests or as they may agree. (iii) Sale of Interest. Any sale by the Selling Member to the other Member(s) (the "Purchasing Members)") shall be (i) at the purchase price set forth in the First Refusal Notice, (ii) upon the terms and conditions set forth in the First Refusal Notice and (iii) shall take place within thirty (30) days after the Selling Member's receipt of the Buy Notice in the manner described in Section 8.2(c)(iii) below. In the event that a Buy Notice is not given within the thirty (30) day period after the receipt of the First Refusal Notice, the Selling Member shall have the right to consummate the transfer of such interest to the prospective purchaser at the purchase price and on the terms and conditions set forth in the First Refusal Notice, subject to the provisions of section 8.3 below; provided, however, that such purchaser agrees to become a party to this Agreement, and provided, further, that in the event such interest is not transferred pursuant to the offer described in the First Refusal Notice within ninety (90) days from the date the First Refusal Notice respecting the transfer was given or there is any change in the identity of the prospective purchaser, purchase price or terms and conditions of the proposed sale, then the Selling Member shall not transfer such interest without first having given the other Members a new First Refusal Notice in accordance with the provisions of this Section. (b) Proposed Gift, Incapacity, Involuntary Transfer of Percentage Interest, or Death. (i) Option Notice. In the event a Member (i) desires to give all or any portion of his Percentage Interest or any interest therein to any party other than an Immediate Family Member, as defined below, (ii) makes any assignment for the benefit of creditors, (iii) files a voluntary petition under any applicable bankruptcy, insolvency or similar law, (iv) has a petition filed against the Member under any applicable bankruptcy, insolvency or similar law which remains 15 undismissed for a period of thirty (30) days, (v) has a receiver or trustee appointed for all or any part of the Member's property and assets, (vi) has a judgment, writ or warrant of attachment entered or filed against the Member which remains undischarged, unbonded or unstayed for a period of thirty (30) days, (vii) becomes permanently. incapacitated so that the Member is (or will be) unable to understand the Company's business affairs for a period of more than six (6) months; (viii) dies, resulting in the transfer of the Percentage Interest to any parties other than Immediate Family Members; or (ix) attempts to withdraw from the Company in violation of Section 8.4 hereof (any event under subparagraphs (ii) through (ix) being hereinafter referred to as an "Event'), such Member or such Member's legal representative (the "Transferor Member") shall immediately give the other Members written notice of such proposed gift or Event, setting forth (i) in the case of a gift, the proposed donee and the amount of his Percentage Interest which will be gifted and (ii) in the case of an Event, the particulars concerning such Event, including, if applicable, the claimant (if any), the applicable court (if any) and the amount of the Percentage Interest that will or may be transferred to a third party as a result of such Event (such notice also is hereinafter referred to as the "Option Notice"). For purposes of this article, "Immediate Family Member(s)" shall refer to any individual or individuals related to the Member as a parent, spouse, child, or grandchild, or to any trust established exclusively for the benefit of any of said parties, but shall not include corporations, partnerships or limited liability companies owned in whole or in part by any such parties. (ii) Buy Notice. Upon receipt of such Option Notice, the other Members shall have thirty (30) days to elect to purchase all (but not less than all) of the Percentage Interest identified in the Option Notice at the Purchase Price and upon the terms of payment set forth in Section 8.2(c) below. Each of the other Members desiring to purchase all (but not less than all) of such interest shall immediately give written notice (such notice also being hereinafter referred to as the "Buy Notice") to the Transferor Member. If more than one Member gives a Buy Notice, they shall be entitled to purchase such interest in proportion to their Percentage Interests or as they may agree. (iii) Sale or Transfer of Percentage Interest. Any sale by the Transferor Member (also hereinafter referred to as the "Selling Member") to the other Member(s) (also hereinafter referred to as the "Purchasing Member(s)") shall be closed within thirty (30) days after the Selling Member's receipt of the Buy Notice in the manner described in Section 8.2(c)(iii) below. In the event that a Buy Notice is not given within the thirty (30) day period after the receipt of the Option Notice, the Selling Member shall have the right to transfer such interest to the prospective third party, subject to the provisions of Section 8.3 below; provided, however, that such third party agrees to become a party to this Agreement if not already a Member. (c) Purchase Price and Payment Terms. 16 (i) Purchase Price. Unless otherwise provided in this Agreement, the purchase price to be paid for the Percentage Interest of a Selling Member (the "Purchase Price") shall be equal to the product of the Percentage Interest to be transferred multiplied by the Value of the Company, (as hereinafter defined). The "Value of the Company" shall mean fair market value (said fair market value being the price which an arm's length buyer would pay to acquire all of the Percentage Interests of the Company), and shall be the amount equal to the amount of the Company's assets less the amount of its liabilities as of the end of the month preceding the Closing, as hereinafter defined, as shown on the Company's books and records, as determined by the Company's certified public accountant then regularly servicing the Company or engaged by the Company for this purpose, on an accrual basis, adjusted to reflect the fair market value of all real property and tangible assets of the Company on that date, but not including the value of the proceeds from any life insurance policies or goodwill, all as determined in accordance with generally accepted accounting principles, consistently applied. In the event the Selling Member or the Purchasing Member believes that the Value of the Company, as determined above, does not accurately reflect the fair market value of the Company, be may notify the other party that he desires the Value of the Company to be determined by appraisal. In such case, the determination of the Value of the Company shall be made by an independent investment banking firm or experienced licensed appraiser (the "Appraiser") mutually acceptable to the parties, at the sole cost and expense of the party requesting said appraisal. In the event the parties are unable to reasonably agree upon an Appraiser, the Selling Members and the Purchasing Members shall each select an appraiser, and the two appraisers shall select a third appraiser who shall make a determination of the Value of the Company which shall be binding upon the parties. The cost of the third appraiser shall be borne equally by the Selling Members and the Purchasing Members. (ii) Method of Payment. If the Event giving rise to the Option Notice in Section 8.2(b) is the death of the Member, the Purchase Price shall be payable in immediately available funds no later than ninety (90) days after the date of death. In the case of all other Events described in Section 8.2(b), the Purchase Price shall be payable as follows: Fifty percent (50%) in immediately available funds at Closing (as hereinafter defined) with the balance in thirty-six (36) equal monthly installments of principal and simple interest at a rate equal to one percent (1%) over the prime rate set forth in the "Wall Street Journal, Southeastern edition" on the day immediately preceding the date of Closing. (iii) Closing. The closing ("Closing") shall be held on the last day of the time frame set forth in the applicable provision of the agreement under which the sale occurs at the principal place of business of the Company unless a different time or place is otherwise agreed to by the parties. At Closing, the Selling Member shall transfer the applicable Percentage Interest free and clear of all liens, claims and encumbrances of any kind or nature. At Closing, unless otherwise provided in 17 this Agreement, the Purchasing Member(s) shall make the payment in immediately available funds required under Section 8.2(c)(ii) and shall execute and deliver a promissory note or notes to evidence his(their) obligations for deferred payments hereunder. Such note(s) shall be secured by a non-voting and non -participating (except in the case of and during a continuing default under such promissory note(s)), possessory security interest in the Percentage Interest so purchased. Further, such note(s) shall provide for prepayment at any time and from time to time without premium or penalty. 8.3 ,Admission of Members. Notwithstanding anything to the contrary contained in Section 8.2 hereof, no Members may be admitted to the Company without the unanimous approval of all the present Members, which approval shall not be unreasonably withheld or delayed, and which approval shall be deemed granted with respect to transfers by gift or death to Immediate Family Members. If a transfer or assignment is made pursuant to Section 8.2 hereof and the other Members fail to approve the transfer or assignment by unanimous written consent, the transferee or assignee will have no right to participate in the management of the business and affairs of the Company or to become a Member, provided that this Agreement may not be amended without said transferee or assignee's consent. The transferee or assignee will only be entitled to receive the share of the profit or other compensation in the form of distributions of Cash Flow or Capital Proceeds and the return of contributions to which that Member would otherwise be entitled. 8.4 Withdrawal of a Member. It is the intent of the Members upon execution of this agreement to continue as Members and to carry out the duties and obligations hereunder and enjoy the benefits of this Company; therefore, except as otherwise provided in this Agreement, no Member shall withdraw from the Company or demand or receive a return of his Capital Contribution or dissolve the Company without the unanimous consent of the Members. 8.5 Violations. If any Member ("Violating Member") attempts to withdraw from or dissolve the Company in violation of Section 8.4 of this Agreement ("Act of Violation'), on an affirmative vote of Members owning a majority of the Percentage Interests (excluding the interest of the Violating Member) taken within sixty (60) days after the Act of Violation has been made known to the Members, such Violating Member shall: (i) cease to be a Member; (ii) be treated as an Assignee of a Percentage Interest in the Company who has not been admitted to the Company; (iii) continue to be liable for any Capital Contributions with respect to his Percentage Interest in the Company; and (iv) be subject to the provisions of Section 8.2(b) of this Agreement. ARTICLE NINE DISSOLUTION AND WINDING UP 9.1 Dissolution. The Company shall be dissolved upon the first to occur of: (i) the sale by the Company of all or substantially all of its Property or other assets and the collection of all amounts derived from any such sale or sales; (ii) the unanimous vote of the Members; or (iii) 18 an event triggering dissolution under Section 14-11-602 of the Georgia Limited Liability Company Act. Upon the occurrence of a statutory event of termination, the remaining Members of the Company have the right to continue the Company within ninety (90) days of such event by the written consent of all Members. Upon dissolution, the Company's business shall be wound up as set forth in Section 9.2 below unless the Members cause the business of the Company to be continued. 9.2 Winding Un. (a) Upon the dissolution of the Company (provided that the business of the Company is not continued), the affairs of the Company shall be wound up by the Manager. If for any reason there is no Manager then serving, the Members may appoint or designate a trustee -in -liquidation who shall serve to wind up the affairs of the Company. The trustee -in -liquidation need not be a commercial or corporate trustee, need not be bonded, and may be a Member. (b) Upon the winding up of the Company, the real property and assets of the Company shall be sold, to the extent possible, as set forth in Section 9.3 below and, after deducting all expenses of sale, the net proceeds shall be applied first to the payment of all outstanding liabilities of the Company. Additionally, an appropriate reserve may be established in an amount determined by the person in charge of liquidating the Company for any contingent liability until such contingent liability is satisfied. The balance of such reserve, if any, shall be distributed, together with any other sum remaining after payment of the outstanding liabilities of the Company, to the Members in accordance with their respective capital accounts. To the extent not sold pursuant to Section 9.3 below, each Member shall receive as part of his distribution any property which such Member originally contributed to the Company, using the property's fair market value as of the time of distribution as a basis for making such distribution. (c) Any provision of this Agreement to the contrary notwithstanding, in connection with any dissolution and winding up of the Company and after all asset sales and collection of all income due to the Company, any Member having a deficit in his capital account must restore the amount thereof to the Company. (d) Nothing contained in this Agreement shall defeat the right of a Member to require and to have a court -supervised dissolution and winding up of the Company. 9.3 Appraisal and Sale of Assets. Upon the winding up of the Company, the real property and other assets of the Company shall be sold, to the extent there are any buyers of such assets, at a price and upon such terms and conditions as the Members shall unanimously agree. If the Members cannot agree on a sales price or the terms and conditions of such sale or sales on or before the date that is thirty (30) days after the event giving rise to the dissolution of the Company, the Manager shall promptly appoint an appraiser to determine the fair market value of the real property and other assets of the Company and the terms and conditions under which such fair market value is most likely to be realized by the Company. Any Member may bid for and purchase all or any part of the real property or other assets of the Company at such sale or sales. 19 ARTICLE TEN GENERAL PROVISIONS 10.1 Binding Effect,• Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Members, their respective successors, heirs, permitted assigns, administrators, executors and personal representatives. Each Member agrees, on behalf of himself, and his permitted assigns, heirs, executors, administrators and personal representatives, to execute any and all instruments which may be necessary or appropriate to transfer his Percentage Interest to the Company or a permitted assignee, as the case may be. Each successor -in -interest to any Member shall hold his or her Percentage Interest subject to all the terms and provisions of this Agreement. It is the intention of the Members that, during the term of this Agreement, the rights of the Members and their successors -in -interest, as among themselves, shall be governed by the terms of this Agreement, and that the right of any Member or successor -in -interest to assign, transfer, sell or otherwise dispose of or deal with his Percentage Interest in the Company shall be subject to the limitations and restrictions of this Agreement. Parties holding interests as joint tenants with right of survivorship shall be deemed a single Member for purposes hereof. 10.2 Further Assurances. Each Member agrees to perform such acts and to execute and deliver such documents as may be reasonably required in order to carry out the provisions of this Agreement. 10.3 Amendments, Waiver. This Agreement may not be amended without the unanimous consent of all Members. The provisions of this Agreement may be waived only by a written instrument, executed by the Member waiving compliance. The failure of any Member at any time or from time to time to require performance of any provision of this Agreement shall in no manner affect the right at a later date to enforce the same. No waiver by any Member of any provision contained in this Agreement shall operate or be construed as a waiver of any subsequent breach or violation thereof. 10.4 Notices. Any notice, request, instruction, demand or other document to be given hereunder by any Member shall be in writing and shall be deemed to have been given on delivery in person to such other Member, or if mailed, on the expiration of five (5) days after being deposited in the United States Mail, registered or certified mail, postage prepaid, to the address of such Member as set forth in Exhibit "A" or at such other address as a Member theretofore may have furnished to the other Members. 10.5 Entire Agreement. This Agreement supersedes all prior agreements, written or oral, among the Members concerning the subject matter hereof and contains the sole and entire agreement between and among the Members with respect thereto. 10.6 Applicable Law. This Agreement is a Georgia contract and shall be interpreted and construed in accordance with the laws of the State of Georgia. 20 10.7 Enforceability. Each and every provision of this Agreement is intended to be enforceable. However, in the event any competent authority should determine that any word, clause or other portion of this Agreement is unenforceable, the words, clauses or other portions which are enforceable shall remain valid and binding and of full force and effect, and this Agreement shall be construed as if it originally had been drafted without the uncnforcee6le portion. In the ever., that the construction or interpretation of this Agreement or any part hereof, without the unenforceable portion, would produce an illogical result or a resuft which substantially frustrates the iegitimate objectives and intent of the Membe:a, the iViembers agree and consent that such competen=t authority may construe and interpret the remaining portions of .h-s Agreement in such fashior as such competent Eu''hority shall detcrmi�e appropriate it girder to achiwe a just and fair resp:`-; which is reasonably consistent with the legitimate objec.i`,,es and Yxtent of the Members. 10.8 Time. Time is of the essence with respect to each and every provision of this Agreement. 10.9 _Member Representations and Agreements. Notwithstanding anything contained in this Agreement to the contrary, each Member hereby represents and warrants to the Company and to each other that: (a) the Percentage Interests are not "securities" for purposes of federal and state securities laws, (b) the Membership Interest of such Member is acquired for investment purposes only, for the Member's own account, and not with a view to or in connection with any distribution, re -offer, resale or other disposition not in compliance with the Securities Act of 1933, as amended, and the rules and regulations thereunder (the "1933 Act") and applicable state securities laws; (c) such Member, alone or together with the Member's representatives, possesses such expertise, knowledge and sophistication in financial and business matters generally, and in the type of transactions in which the Company proposes to engage in particular, that the Member is capable of evaluating the merits and economic risks of acquiring and holding the Membership Interest and the Member is able to bear all such economic risks now and in the future; (d) such Member has had access to all of the information with respect to the Membership Interest acquired by the Member under this Agreement that the Member deems necessary to make a complete evaluation thereof and has had the opportunity to question the other Members concerning such Membership Interest; (e) such Member's decision to acquire the Membership Interest for investment has been based solely upon the evaluation made by the Member; (f) such Member is aware that the Member must bear the economic risk of an investment in the Company for an indefinite period of time because Percentage Interests have not been registered under the 1933 Act or under the securities laws of various states and, therefore, cannot be sold unless such Percentage Interests are subsequently registered under the 1933 Act and any applicable state securities laws, or unless an exemption from registration is available; (g) such Member is aware that only the Company can take action to register Percentage Interests and the Company is under no such obligation and does not propose to attempt to do so; (h) such Member is aware that this Agreement provides restrictions on the ability of a Member to sell, transfer, assign, mortgage, hypothecate or otherwise encumber the Member's Membership Interest; (i) such Member agrees that the Member will truthfully and completely answer all questions, and make all covenants, that the Company may, contemporaneously or hereafter, ask o: demand for the purpose of establishing compliance with the 1933 Act and applicable state securities laws; and 0) if such Member is an organization, that it is duly organized, validly 21 existing, and in good standing under the laws of its state of organization and that it has full organizational power and authority to execute and agree to this Agreement and to perform its obligations hereunder. 10.10 Headings: Gender. The headings of the Articles and sections of this Agreement are for convenience of reference only and shall not be interpreted or construed as a part of this Agreement. Whenever the context so requires, the masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others. 22 M IN WITNESS WHEREOF, the Members have set their hands and seals to this Operating Agreement, all as of the day and year first above written. MX ERS: alter J. Freeman 23 EXHIBIT "A" Member Interest Percentages The individual members have purchased or will purchase, pursuant to separate agreements between any of them and the Company, and the Company will issue, if not already issued to such person, the following Percentage Interests in the capital of the Company. Member/Address Percentage Interest Contributed Amount Walter J. Freeman 100% $100.00 331 Tattnall Street Savannah, Georgia 31401 24 CONSENT ACTION OF THE MEMBERS OF TYBEE POOL, LLC IN LIEU OF ORGANIZATIONAL MEETING The undersigned, being the members of TYBEE POOL, LLC (the "Company"), do hereby unanimously waive notice of the time and place of the organizational meeting of the Company pursuant to Section 14-11-309 of the Georgia Limited Liability Company Act, do hereby without a meeting unanimously consent to the adoption of, and do hereby adopt, the following actions which would otherwise have been taken by the members at the organizational meeting: 1. The actions taken on behalf of the Company by the Organizer hereof are hereby ratified and approved; 2. The Articles of Organization of the Company certified by the Secretary of the State of Georgia and attached hereto are accepted, ratified and approved, and the members of the Company are directed to insert a copy thereof in the minute book of the Company together with the Certificate of Organization of the Secretary of State of the State of Georgia; 3. The Operating Agreement attached hereto is hereby adopted as the Operating Agreement of the Company; 4, The following persons are elected to serve at the pleasure of the members as managers in the capacities set out below until the first annual meeting of the Company (or a special meeting in lieu thereof) or until their successors are elected and shall qualify, whichever is later: Walter J. Freeman 5. The Company shall elect to be classified for federal and state income tax purposes as a partnership. 6. The fiscal year of the Company shall end on December 31; 7. The contributions of capital by the members in exchange for their respective percentage interests as set forth on Exhibit "A" to the Operating Agreement are accepted and approved. The subscription prices having been tendered by the members and accepted by the Company, the Company is authorized to commence business. 8. The manager(s) of the Company is/are directed to file this Consent, together with the documents described herein, in the Minute Book of the Company. IN WITNESS WHEREOF, the undersigned have caused this consent -action to be executed as of June 12, 2018. alter J. Freeman CERTIFICATE OF SOLE MEMBER IN CONSIDERATION of the sum of Ten and No/100ths Dollars ($10.00) and other good and valuable consideration, WALTER J. FREEMAN (hereinafter referred to as "Member") does hereby certify unto James Eldo Hartz, Bouhan Falligant LLP, and First American Title Insurance Company the following: 1. That he or she is the sole Member of Tybee Pool, LLC, a Georgia limited liability company (hereinafter referred to as the "Company"). 2. That the undersigned Member has personal knowledge of the facts certified in this Certificate. 3. That, Walter J. Freeman, as Manager, has full power and authority, without the consent or approval of any other party or entity to execute and deliver on behalf of the Company any deeds, affidavits, settlement statements, promissory notes, security deeds, security agreements, assignments of rents and leases, guaranties, and all other documents and instruments as he or she may deem necessary or advisable (i) to enable the Company to fulfill all obligations described in that Purchase and Sale Agreement, dated April 24, 2018, as amended, between Walter J. Freeman and James Eldo Hartz, as assigned to the Company as Buyer by that Assignment of Contract of even date herewith, with respect to that real property located in Chatham County, Georgia, and more particularly described on Exhibit "A", attached hereto and incorporated herein by reference (hereinafter referred to as the "Property") and (ii) to enable the Company to obtain a loan from James Eldo Hartz in the principal amount of $165,000.00 to be secured by the Property, all on such terms and conditions as he or she shall deem necessary or desirable. 4. The Member hereby agrees, consents and resolves that Walter J. Freeman, as Manager, shall have full power and authority to execute and deliver on behalf of the Company all documents and instruments as he or she may deem necessary or desirable to effectuate the transactions contemplated by Section 3 above. 5. The Member hereby ratifies and affirms any and all actions taken by Walter J. Freeman, as Manager, prior to the date hereof for the purpose of effectuating any of the transactions contemplated by Section 3 above. This Certificate is executed for the purpose of inducing James Eldo Hartz to sell the Property and to make a loan secured by the Property, First American Title Insurance Company to issue its standard ALTA owner's and/or lender's title insurance policy for the Property, and the attorneys certifying title to the Property and giving opinions with respect to the Property so to certify. IN WITNESS WHEREOF, the undersigned has caused this Certificate of Sole Member to be signed, sealed and delivered as of this L4— day of r'u KP— 201 Walter J. Freeman EXHIBIT "A" All that certain lot, tract, or parcel of land situate, lying, and being in the town of Tybee Island (formerly Savannah Beach), Tybee Island, Chatham County, Georgia, known and designated as the eastern twenty (20) feet of Lot Number One (1) and the western forty (40) feet of Lot Number Two (2) of a resubdivision of Beach Lot No. 101, Ward 5, as shown on a map as recorded in Plat Record Book "A," Page 308, in the public records of Chatham County, Georgia, said portions of said lots lying contiguous and together having a frontage of sixty (60) feet on the southern side of Silver Avenue with a rectangular depth southwardly of seventy (70) feet and being bounded as follows; on the north by Silver Avenue; on the east by the remaining twenty (20) feet of Lot Number Two (2), said subdivision and ward; on the south by a portion of Beach Lot No. 102, said ward; and on the West by the remaining eighty (80) feet of Lot Number One (1), said resubdivision and ward. Said property being a portion of the same property conveyed from James E. Chaffin and Barbara D, Chaffin to James Eldo Hartz, pursuant to that certain Warranty Deed, dated August 7, 2001, and recorded in Deed Book 225-1, page 509, Chatham County, Georgia, records. ASSIGNMENT OF CONTRACT FOR AND IN CONSIDERATION of the sum of TEN AND NO/100THS DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, WALTER J. FREEMAN ("Assignor"), transfers, sets over, assigns and conveys unto TYBEE POOL, LLC, a Georgia limited liability company ("Assignee"), all of Assignor's rights, privileges, duties and obligations as Buyer in, to and under that certain Purchase and Sale Agreement, dated April 24, 2018, by and between James Eldo Hartz, as Seller, and Walter J. Freeman (a/k/a Walt Freeman), as Buyer, (herein referred to as the "Contract") for the purchase of real property located in Chatham County, Georgia, and more particularly described in the Contract (the "Property"), together with all of Assignor's right, title and interest in and to the Contract and in and to the "Earnest Money" (as that term is defined in the Contract) tendered under the Contract, and all rights, powers, and privileges confirmed by the Contract upon Assignor, and Assignor hereby authorizes Assignee to exercise said rights, powers and privileges in as full a manner as Assignor is authorized to exercise the same. Assignee hereby accepts the within and foregoing Assignment and hereby assumes all of the duties, obligations and liabilities of the Assignor under the Contract. This Assignment shall be binding upon Assignor and its successors and assigns, and shall inure to the benefit of Assignee and its successors and assigns. IN WITNESS WHEREOF, Assi or and Assignee have caused this Assignment of Contract to be duly executed on�h, 2018. ASSIG Walter J. Freeman ASSIGNEE: Tybce Pool, LLC, a Georgia li 't liability co pany By: r . Freeman, its Manager _ „_• .. .- IIT ".� If'�,�L�♦A♦a♦�♦A. i III 1. . • ,�. �� i ��- , 1 " �� �� 1 , , ��. ���� _ = . r t e t i l A u J \ O N % ; I y T'"� M• 1 9 �[ y • tri. r r.J�7 I'� �. �++.. yvr: Ih I � _-.� r4 t; xj I . ��� �, Y • ,;t. ,�!- ``� •fir �.•> `!4. ,l'4^. � ffixj;��r r���."ty _ "`'+'tir'*�ytyy' �y 'r 'rY '1' � ♦Y�. r. Y, � ,� c s • 4 r,R �. r:,^.'�A �y,. r3 w -rr T � � t.�:+A��i' y�. _ '� ✓ i 1 ' ,s�:n _ � � y;;"'-, .3�r:+1?IK,�,`�::W��11*s"�.�'^_:.�'..a.; 'i!+�i• y�".1.4M.+�: �+ '?�'Yg; r i� .r:''r'-�� 1 M f V • 1p r r {40 w '•'fir ,� � i s 7 Tq A AID d I 4 STATE OF GEOMA. 7r6— jle—a, and 42 , All A4 56-10 �, 77'� 74 •:pF 4 STATE OF GEOMA. 7r6— jle—a, and 42 , All A4 56-10 �, 77'� 74 ABOVE SPACE FOR RECORDING INFORMATION ONLY Prepared by: BOUHAN IFALLIGANT ATTORNEYS &COUNSELORS AT LAW One West Park Avenue Savannah, Georgia 31401 AT -IN: Harris G. Martin (912) 644-5744 File No.: 19446-6 LIMITED WARRANTY DEED THIS INDENTURE, made and entered into as of June 15, 2018, by and between JAMES ELDO HARTZ (hereinafter referred to as the "Grantor"), and TYBEE POOL, LLC, a Georgia limited liability company (hereinafter referred to as "Grantee") (the words "Grantor" and "Grantee" to include their respective heirs, legal representatives, successors and assigns where the context requires or permits); WITNESSETH,THAT: GRANTOR, for and in consideration of the sum of TEN AND NO/ 100 DOLLARS ($10.00) and other good and valuable consideration, in hand paid at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened, conveyed and confirmed, and by these presents does grant, bargain, sell, alien, convey and confirm unto said Grantee, all those tracts or parcels of land lying and being located in Chatham County, Georgia, and being known as Eastern 20 Feet of Lot 1 and Western 40 Feet of Lot 2, Resubdivision of Beach Lot No. 101, Ward 5, Tybee Island, Chatham County, Georgia, and more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (hereinafter referred to as the "Property"). THIS CONVEYANCE and the warranties contained herein are expressly made subject to all liens, encumbrances, restrictions and other matters of record. TO HAVE AND TO HOLD the said described Property to the said Grantee, so that neither the said Grantor nor any person or persons claiming under the said Grantor, shall at any time, by any means or ways, have, claim or demand any right or title to the said described Property or appurtenances, or any rights thereof. AND THE SAID GRANTOR will warrant and forever defend the right and title to the above described Property unto the said Grantee against the claims of all persons and entities owning, holding or claiming by, through or under Grantor, but not otherwise. IN WITNESS WHEREOF, the Grantor has signed and sealed this Limited Warranty Deed on the day and year first above written. Signed, sealed and delivered GRANTOR: in the presence of. Unofficial Witness Notary Public My Commission Expires: [NOTARY SEAL] James Eldo Hartz (SEAL) EXHIBIT "A" All that certain lot, tract, or parcel of land situate, lying, and being in the town of Tybee Island (formerly Savannah Beach), Tybee Island, Chatham County, Georgia, known and designated as the eastern twenty (20) feet of Lot Number One (1) and the western forty (40) feet of Lot Number Two (2) of a resubdivision of Beach Lot No. 101, Ward 5, as shown on a map as recorded in Plat Record Book "A," Page 308, in the public records of Chatham County, Georgia, said portions of said lots lying contiguous and together having a frontage of sixty (60) feet on the southern side of Silver Avenue with a rectangular depth southwardly of seventy (70) feet and being bounded as follows: on the north by Silver Avenue; on the east by the remaining twenty (20) feet of Lot Number Two (2), said subdivision and ward; on the south by a portion of Beach Lot No. 102, said ward; and on the West by the remaining eighty (80) feet of Lot Number One (1), said resubdivision and ward. Said property being a portion of the same property conveyed from James E. Chaffin and Barbara D. Chaffin to James Eldo Hartz, pursuant to that certain Warranty Deed, dated August 7, 2001, and recorded in Deed .Book 225-J, page 509, Chatham County, Georgia, records. m o ✓�n jm n ,ON „j ,b7 i ,A05 Applicant's Name CITY OF TYBEE ISLAND LAND DEVELOPMENT CODE TEXT AMENDMENT APPLICATION Page 1 of 3 Fee $500 Applicant's Telephone Number6d� Applicant's Mailing Address Y, D • bi16 ;-7 s 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: Signature�5f Applica Yes Date NOTE: Other specific data is required for each proposed Text Amendment. City Official tDate � - ;-q—t 9 Page 2 of 3 NOTE: This application must be accompanied by additional documentation, including drawings and/or text that include or illustrate the information outlined below. Indicate in the spaces provided whether or not the required information is provided. YES or NO REFERENCE DESCRIPTION 5-020 (E) An amendment to the text of the Land Development Code requires a hearing by the Planning Commission and approval by the Mayor and Council at a The Applicant certifies that he/she has read the requirements for Land Development Code Text Amendments and has provided the required information to the best of his/her ability in a truthful and honest manner. Signature of Applicant Date scheduled public hearing. 5-040 (E) (1) In the case of a text amendment, the application shall set forth the new text to be added and the existing text to be deleted. 5-110 Section 5-110, Standards for Land Development Code or Zoning Map Amendment Approval, identifies standards and other factors to be considered by the Mayor and Council in making any zoning decision. The Applicant should provide written data addressing each of the below listed standards and factors to assure consideration of applicable information. 5-110 (A) The existing land use pattern; 5-110 (B) The possible creation of an isolated district unrelated to adjacent and nearby districts; 5-110 (C) The existing population density pattern and the possible increase or overtaxing of the load on public facilities; 5-110 (D) Whether changed or changing conditions make the passage of the proposed amendment reasonable; 5-110 (E) Whether the proposed change will adversely influence existing conditions in the neighborhood or the city at large; 5-110 (F) Potential impact on the environment, including but not limited to drainage, soil erosion and sedimentation, flooding, air quality, and water quality and quantity; 5-110 (G) The reasonableness of the costs required of the public in providing, improving, increasing or maintaining public utilities, schools, streets and public safety necessities when considering the proposed changes; 5-110 (H) Whether the proposed change will be detrimental to the value or improvement or development of adjacent or nearby property in accordance with existing requirements; 5-110(1) Whether the proposed change is out of scale with the needs of the neighborhood or entire city; 5-110 (J) Whether the proposed change will constitute a grant of special privilege to the individual owner as contrasted with the adjacent or nearby neighborhood or with the general public; and, 5-110 (K) The extent to which the zoning decision is consistent with the current city master plan or other local planning efforts, if any, of the city. The Applicant certifies that he/she has read the requirements for Land Development Code Text Amendments and has provided the required information to the best of his/her ability in a truthful and honest manner. Signature of Applicant Date LOCATION: NIA STAFF REPORT PLANNING COMMISSION MEETING. July 16, 2018 CITY COUNCIL MEETING: August 9, 2018 APPLICANT: City of Tybee Island EXISTING USE: NIA ZONING: N/A COMMUNITY CHARACTER MAP: NIA PROPOSED USE: NIA USE PERMITTED BY RIGHT: NIA APPLICATION: Amendment to Sec. 4-040 (0) South End business overlay district. PROPOSAL: To create design guidelines that will promote the welfare and vitality of the City's original commercial and resort district, preserve historic character and provide standards for compatible new development. ANALYSIS: The City currently has no design guidelines for properties in this district. These guidelines are designed to control some aspects of exterior design for alteration of existing building or future buildings to maintain an historical context to our most recognizable district. City Council passed a moratorium on demolition of historic buildings in this district specifically so that the ordinance could be reviewed for inclusion of guidelines. STAFF FINDING Staff recommends approval ATTACHMENTS A. Amendment 1 This Staff Report was prepared by George Shaw. 10/28/2016 Tybee Island, GA Code of Ordinances made comments, and the mayor and council has granted site plan approval at a schedU led meeting. a. Boat launching facilities; b. Bait shops; and c. Retail sale of boating provisions; d. Aquaculture projects; e. Assembly hall, club, or lodge; f. Boat building and repair facilities; g. Commercial charter or sightseeing watercraft facilities; h. Commercial fishing and crabbing; i. Government buildings; j. Marina; k. Recreational activities carried on wholly within a building including theaters, dance halls, and activities of a similar nature; I. Passenger cruise lines; m. Private or community dock; n. Public utility structures; o. Wholesale/retail seafood/sales/warehouses; p. Restaurant — (no alcohol) — limited to sit down facility with no drive through; q. Restaurant, sit down facility which serves alcoholic beverages (must have council approval for liquor, beer, wine, and Sunday sales) and no drive through; r. Watercraft rentals. (2) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a policy pertaining to special use of designated off-street parking areas in the maritime district so as to allow a commercial business to use its private off-street parking area for an outdoor event when all of the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning department. The policy may be changed from time to time by the mayor and council in accordance with this code. Existing structures. Site plan approval is not required for interior changes to existing structures. Site plan approval is required for exterior changes to existing structures. (M) Reserved. L (N) Reserved. 'EXIST�r'1� r0) South End business overlay district. All commercial and multi -family residential uses are permissible subject to site plan approval, or special review and site plan approval, as is required by the particular zoning classification of the property. In this district, the site plans established herein shall prevail over any setbacks in any other part of this Code, specifically including section 3-090 regardless of the use of 10/28/2016 Tybee Island, GA Code of Ordinances the property. Mixed uses of the property are permissible. Site plan approval and special revi evv is required for new construction and redevelopment of existing sites. New construction and when a project includes the redevelopment of a parcel, a development agreement with the owner/d eveloper and the city specifying the site plan, location of utilities, improvements, setbacks, driveway locations and dimensions and lot coverage may be required. Signage within the district shall be as specified herein to the extent of any inconsistency with the sign ordinance. Permissible signage shall include sandwich boards not to exceed three feet by five feet, which may be displayed during business hours on sidewalks immediately adjacent to the business adver-tised on the sandwich board. No advertising benches shall be permissible in the district. The existing advertising benches located in the Fourteenth Street parking lot may remain until such time the city provides public benches. Within the district, cafe style seating on sidewalks may be permissible provided that sidewalks in the area involved, must be at least ten feet in width. Notwithstanding any other provision of this Code, no outdoor selling of merchandise on public or private sidewalks is permissible in the district except as may be allowed in connection with authorized special events. Policies and procedures applicable in this district are on file in the offices of the planning and economic development director and are incorporated herein. (P) North end parks and public overlay district. (1) Purpose. The purpose of the north end parks and public overlay is to promote the development of properties in a manner that integrates public uses, open space, municipal uses, and recreational uses compatibly into a residential area. The north end parks and public overlay will provide for a livable environment for residents and visitors alike. (2) Applicability. The north end parks and public overlay may only be implemented within specific geographic areas as defined in exhibit A (water/sewer plant, DPW, campground, TIPD). The north end parks and public overlay shall be restricted to the redevelopment and enhancement of uses existing at the time of adoption of this subsection and to the development of uses to enhance or further support existing uses. Such uses include but are not limited to expansion of the water and sewer plant, expansion of the department of public works, expansion and/or enhancement of the River's End Campground, expansion and/or enhancement of the city's police department, the dedication of areas for parks, recreational facilities, or open space. Regulations applicable in the R-1 Zone shall not apply in the overlay district. (3) Permitted uses. The following uses, though not exclusive, are specifically permitted within the north end parks and public overlay: a. Municipal and public safety uses including but not limited to the city water and sewer department, the city department of public works, the city police department; PROPOSED TEXT AMENDMENT TO THE TYBEE ISLAND CODE OF ORDINANCES New text is underlined (0) South End Business overlay district (1) Purpose The purpose of this district is to promote the welfare and vitality of the City's original main commercial and resort area preserve its historic character and identity for future generations and provide standards for compatible new development. (2) Boundary. The South End Business Overlay District boundary is defined as the area outlined and includes all of the parcels set within the boundary line on the South End Business Overlay District Boundary Map. (3) Design Standards These standards apply to all buildings and appurtenances visible from the public right-of-way. Historic Buildings The following standards apply to all buildings within the overlay district that are SO years of age or older and identified as listed, eligible, or may be eligible for listing in the National Register of Historic Places within the 2016 City of Tybee Island Historic Resources Survey Phase 1. The Historic Preservation Commission shall review permit applications and provide recommendations to the Building Official related to the subsection on historic buildings. Demolition Demolition of historic buildings undermines the character of Tvbee Island and shall only be permitted if the following conditions are met: (a) The demolition is required to alleviate a threat to public health or public safety as determined by the Building Official based on supporting documentation from a licensed structural engineer; and/or (b) The demolition is required to avoid exceptional practical difficulty or undue hardship upon any owner of any specific property. If the difficulty or hardship claimed is economic the applicant shall submit sufficient evidence, including an appraisal property assessment amount paid for the property, past income activity, and attempts to sell the property to demonstrate that the application of the standards and regulations of this section deprives the applicant of a positive economic use or return on the sublect property. Plans for the replacement building meeting the design standards for New Construction below, must be submitted and approved by the Building Official prior to issuance of the demolition permit. Relocation Relocation of historic buildings can impact the character of Tvbee Island and should only be considered as a last resort in order to preserve the building. It shall only be permitted if all of the following conditions are met: (a) The current location and surrounding context no longer contribute to the overall character of the property (i.e. residential property now surrounded by new construction and commercial businesses). South End Business Overlay District Design Standards I Planning Commission Draft I June 27, 2018 (b) The relocation has no negative affect on the character of the surrounding context or location (i.e. the relocation of a building to a new location on the same parcel or an ad'acent parcel). (c) The relocation is on another site within the City of Tybee island. (d) Plans for the redevelopment of the lot shall meet the design standards for New Construction when applicable, and must be submitted and approved by the Building Official prior to issuance of a permit to relocate a building. 3. Preservation. A historic building, or any appurtenance related thereto, including walls fences outbuildings and operational equipment, visible from a street or public right-of-way shall only be altered or maintained in a manner that will preserve the historic character, features and materials of the building. Proposed alterations, repairs, additions and appurtenances shall be consistent with the current edition of the SecretarV of the Interior's Standards and Guidelines for Rehabilitation published by the U.S. Department of the Interior. b. Non -Historic Buildings and New Construction. The following design standards apply to all buildings within the overlay district that are less than 50 years of age or are proposed for new construction. The Main Street Design Committee shall review permit applications and provide recommendations related to the subsection on non -historic buildings and new construction. New construction shall be compatible with historic buildings in the district. Where a material change in the exterior appearance of any existing building by addition, reconstruction or alteration is proposed, such change shall be consistent with the intent statement at the beginning of each section below. Form and Placement. Building form and its placement within a block front shall provide visual interest and coherence in a manner that is consistent with area historic buildings when present. In order to convey a sense of place, buildings should be prominent in relation to vehicular structures and should be situated in a manner consistent with historic development patterns. (a) Building height and vertical elements of buildings shall be in context with historic buildings in the same or ad'acent block fronts. Where historic context is not present, the mass of a building shall be broken-down both horizontally and vertically to convey a sense of human scale and visual interest that reflects the traditional size of buildings on T bee Island. (b) The height of the first story of buildings on Principal Commercial Streets shall not be less than that of neighboring buildings and the exterior visual expression of the height of any single story above the first. (c) Building setback shall be the average setback for the buildings on the block front where the building will be placed, unless the average historic building setback on the block front where the building will be placed is greater. (d) In new construction the principal roof shall be pitched, Roof pitch shall be between 4:12 and 8:12. Pitched roofs less than 4:12 are permitted on Tybrisa South End Business Overlay District Design Standards I Planning Commission Draft I June 27, 2018 Street and Butler Avenue provided they are screened by a parapet on the front facade. Gable and hip roofs in excess of 8:12 pitch are permitted only where a similar historic building roof pitch exists within the same block front (e) Mansard and pent roofs are prohibited. (f) Block fronts on Principal Commercial Streets shall not be 'interrupted for automobile access driveways, or drop-off areas. 2. Exterior Building Walls. Exterior building walls should reflect and complement the traditional materials and construction techniques of T bee Island's historic regional architecture. Simple configuration and solid craftsmanship are favored over complexity in building form. (a) Exterior walls shall be faced with wood (clapboards, board and batten or similar configuration), fiber cement board siding, brick stucco or other materials deemed visually compatible. (b) Exterior walls shall not be faced with vinyl siding,metal sheathing, ermastone z -brick or asphalt roll to simulate brick. (c) Solid walls over one story in height shall incorporate openings (including but not limited to windows and recessed porches). (d) Fire walls shall be internal to the structure of a building whenever possible. Windows. The correct use of windows provides a sense of rh thm in architectural form and enhances the pedestrian experience. Commercial buildings with ground floor storefronts should 12rovide a high level of transparency and access to connect exterior and interior activities. (a) Placement (1) The first story of a commercial building shall be designed as a storefront on Princi al Commercial Streets. Ground floor retail storefront area glazing shall not be less than 55 qercent. Gla2ing shall be transparent. (2) Residential facades shall incorporate windows and doors over at least 30 percent of the ground floor facade. (3) For each floor above the ground floor, building walls shall incorporate openings at a minimum of 25 Percent of the wall face. (4) The centerline of window and door openings shall align vertically on the primary facade. (b) Material (1) Wood clad wood composite, and metal window frames shall be permitted. (2) Solid vinyl windows are prohibited. (3) Simulated divided light windows are permitted provided no "snap -in" or between -the -Mass muntins are used. South End Business Overlay District Design Standards j Planning Commission Draft June 27, 2018 (4) The boarding of windows and window openings shall not be permitted with an exception before, during, and immediately after an emergency situation or during construction. Emergency and temporary boarding shna 11 not exceed three months. 4. Porches. Porches are an important architectural feature of Tybee Island's building stock. They provide a transition from public to private spaces and help to break u n the mass of larger buildings. Incorporation and retention of porches helps to retain and enhance the ocean -front character of the residential and hotel uses with the historic resort area, now part of the South End Business overlay district (a) Porches are required on all entrances for new residential and hotel construction in accordance with the following: (1) Single -Family and Two -Family. A front porch a minimum of six feet in depth shall be required over a minimum of 50 percent of the building width (2) All Other Residential, Inn and Hotel uses A porch or balcony extending a minimum of six feet in depth and six feet in width shall be required for each unit facing a street. (b) Porches and balconies may be within the main roof structure or under a separate roof. (c) Porches must have columns and railings that are separate distinguishable features from the main exterior wall in material and configuration (d) Front porches shall not be enclosed in any manner. Side and rear porches may be screened with fine wire mesh lattice orshutters provided the enclosure material is set behind the porch columns and railings. 5. Fences and Walls. When used correctly, fences and walls aid in defining outdoor spaces, separate the private and public realms and add architectural interest to a_ Property. When used incorrectly, fences and walls can restrict light obstruct views and impede pedestrian activity. (a) The height of any fence or wall within the rear or side vards shall not exceed eight (8) feet. (b) Within the front yard setback, the height of any fence or wall shall not exceed three (3) feet. (c) Where buildings are setback from the street landscaping is encouraged between the building face and the street. (d) Fence and wall materials shall be compatible and consistent with the primary structure to which they are associated. (e) Barbed wire, razor wire, chain link vinyl and PVC fencing are prohibited Operational Equipment. Operational equipment visible from the street contributes to visual clutter. With the screening and placement of equipment out of view, the visual character of an area is enhanced. South End Business Overlay District Design Standards I Planning Commission Draft I lune 27, 2018 (a) Electrical vaults meter boxes and communications devices shall be located on secondary and rear facades and be minimally visible from view. (b) HVAC units shall be screened from the public right-of-way. (c) Refuse storage areas shall be located within a building or shall be screened from the Public right-of-way. (d) Pools visible from the right-of-waV shall be screened. (e) Screening required under these standards shall use materials consistent with the main building and prior sections on materials and fencing. 7. Outbuildings. Outbuildings should be located to the rear of the lot and not dominate the principal structure to which it is associated. (a) Outbuildings shall be secondary in height, scale and mass to the principal building to which it is associated. (b) Outbuildings shall correspond in material and detail to the principal building to which it is associated. (c) Prefabricated metal buildings and trailers are prohibited 3 Uses. All commercial and multi -family residential uses are permissible subject to site plan approval, or special review and site plan approval, as is required by the particular zoning classification of the property. In this district, the site plans established herein shall prevail over any setbacks in any other part of this Code, specifically including section 3-090 regardless of the use of the property. Mixed uses of the property are permissible. Site plan approval and special review is required for new construction and redevelopment of existing sites. a. New construction and Redevelopment, a*4wWhen a project includes new construction and/or the redevelopment of a parcel, a development agreement with the owner/developer and the city specifying the site plan, location of utilities, improvements, setbacks, driveway locations and dimensions and lot coverage may be required. Additionally, the following standards apply to new construction and redevelopment of prol2erties fronting Principal Commercial Streets. 1. First floors of buildings shall incorporate street facin active uses (including but not limited to retail office lobby, restaurant hotels and inns) that span the length of the facade on all facades fronting Principal Commercial Streets and maintain individual primary exterior entrances. 2. In an effort to maintain enhance and strengthen the commercial character of the City's original main commercial and resort area the following are prohibited at the round floor of a site or building within 20 feet of the right-of-way: a Dwellings or residential uses; and Swimming pools. (42 Ri ht -o -wa South End Business Overlay District Design Standards I Planning Commission Draft f June 27, 2018 I! a. Within the district, cafe style seating on sidewalks may be permissible provided that sidewalks in the area involved, must be at least ten feet in width. b. Notwithstanding any other provision of this Code, no outdoor selling of merchandise on public or private sidewalks is permissible in the district except as may be allowed in connection with authorized special events. (5) 51gn5. Signage within the district shall be as specified herein to the extent of any inconsistency with the sign ordinance. Permissible signage shall include sandwich boards not to exceed three feet by five feet, which may be displayed during business hours on sidewalks immediately adjacent to the business advertised on the sandwich board, No advertising benches shall be permissible in the district. The existing advertising benches located in the Fourteenth Street parking lot may remain until such time the city provides public benches. Policies and procedures applicable in this district are on file in the offices of the planning and economic development director and are incorporated herein. South End Business Overlay District Design Standards ! Planning Commission Draft I lune 27, 2018 Jr% % j7th Ave 0 lk" A ''4 v. )K,' 6th Ave PA fVi RP 5th Ave 4A Ll ,Kill �e r A v 0 L a 0 t fz,-Pl ti (D J6ries Ave am 44' 0 f IV IF A Ave 1A Q Im'. ILI 'Viol 'jt�� 'A J% %MLAA'� .1 M W Mms BuVer Ave - , -. a t aft Jim Aw �--; IILy CD' jm, jk(Di C:6P74 0 f4L , 1�0 01AV I) W— 'M MOW 7P - Es ,t7-