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Home My Public Portal About20190520_PC_PACKET.pdfPLANNING COMMISSION Demery Bishop Ron Bossick Marianne Bramble Tina Gann Charles Matlock David McNaughton Alan Robertson A. Call to order: E- , CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw Planning Commission Meeting AGENDA May 20, 2019 — 7:00 p.m. For Citv Council Meeting June 13, 2019 — 7: 00 p. n2. B. Consideration of Minutes: 1. Minutes of April 15, 2019 C. Disclosures/Recusals: D. Old Business: CITY ATTORNEY Edward M. Hughes E. New Business: 1. Special review: Zoning letter approval for building crossover — 212 Butler Avenue — Desoto Beach Hotel - 4-0004-07-002 — Zone C-1 — Greg Stoeffler. F. Discussion only: 1. Allowing multifamily development in C-2 Zoning — Jeffrey A. Cramer. 2. Home Base Business and Home Occupation Business — City of Tybee Island 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. •' -? f} M. LU 9r�I CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw Planning Commission Meeting AGENDA May 20, 2019 — 7:00 p.m. For Citv Council Meeting June 13, 2019 — 7: 00 p. n2. B. Consideration of Minutes: 1. Minutes of April 15, 2019 C. Disclosures/Recusals: D. Old Business: CITY ATTORNEY Edward M. Hughes E. New Business: 1. Special review: Zoning letter approval for building crossover — 212 Butler Avenue — Desoto Beach Hotel - 4-0004-07-002 — Zone C-1 — Greg Stoeffler. F. Discussion only: 1. Allowing multifamily development in C-2 Zoning — Jeffrey A. Cramer. 2. Home Base Business and Home Occupation Business — City of Tybee Island 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 E- , Planning Commission Meeting MINUTES April 15, 2019 CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw CITY ATTORNEY Edward M. Hughes Chair Bishop called the April 15, 2019, Tybee Island Planning Commission meeting to order. Commissioners present were Marianne Bramble, Ron Bossick, David McNaughton and Alan Robertson. Commissioners Charles Matlock and Tina Gann were absent. Consideration of Minutes: Chair Bishop asked for consideration of the March 11, 2019, meeting minutes. Vice Chair Bossick made a motion to approve. Commissioner McNaughton seconded. The vote to approve was unanimous. Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. There were none. Old Business: Chair Bishop asked if there was any old business. There was none. New Business: Text Amendment: Sec. 4-050. Zoning Districts (A)(1) Uses permitted by right. To allow for municipal uses in the R-1 district. Mr. Shaw stated the applicant for this Text Amendment and the Site Plan approval has withdrawn both items for this agenda. Site Plan approval: 75 Van Horn Street — Zone R-1— 4-0021-03-005 — New Recycling Center — City of Tybee. Adjournment: Commissioner McNaughton made a motion to adjourn. Vice Chair Bossick seconded. The motion to adjourn was unanimous. 7:05pm Lisa L. Schaaf •' -? f} M. LU 9r�I Planning Commission Meeting MINUTES April 15, 2019 CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw CITY ATTORNEY Edward M. Hughes Chair Bishop called the April 15, 2019, Tybee Island Planning Commission meeting to order. Commissioners present were Marianne Bramble, Ron Bossick, David McNaughton and Alan Robertson. Commissioners Charles Matlock and Tina Gann were absent. Consideration of Minutes: Chair Bishop asked for consideration of the March 11, 2019, meeting minutes. Vice Chair Bossick made a motion to approve. Commissioner McNaughton seconded. The vote to approve was unanimous. Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. There were none. Old Business: Chair Bishop asked if there was any old business. There was none. New Business: Text Amendment: Sec. 4-050. Zoning Districts (A)(1) Uses permitted by right. To allow for municipal uses in the R-1 district. Mr. Shaw stated the applicant for this Text Amendment and the Site Plan approval has withdrawn both items for this agenda. Site Plan approval: 75 Van Horn Street — Zone R-1— 4-0021-03-005 — New Recycling Center — City of Tybee. Adjournment: Commissioner McNaughton made a motion to adjourn. Vice Chair Bossick seconded. The motion to adjourn was unanimous. 7:05pm Lisa L. Schaaf I STAFF REPORT } PLANNING COMMISSION MEETING: May 20, 2019 CITY COUNCIL MEETING: June 13, 2019 LOCATION: 212 Butler Ave. PIN: 4-0004-07-002 APPLICANT: DeSoto Beach Hotel EXISTING USE: Hotel ZONING: C-1 OWNER: DeSoto Beach Hotel Assoc. PROPOSED USE: Hotel USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Inland Cottage Neighborhood APPLICATION: Special review Section 3-100 Beach, dune, or vegetation disturbance/crossover maintenance and construction. PROPOSAL: The applicant is requesting to construct a new crossover from the hotel to the beach. ANALYSIS: In anticipation of the new dune construction the applicant intends to build a crossover from their business to the beach. The hotel guests are currently able to walk straight to the beach over a very low dune. The Comprehensive Plan describes the Commercial Gateway in which it lies as follows: This area functions as an activity center and serves as the commercial gateway for the City. Zoning classifications are C-1, C-2, R-1, R -IB, R -T, and R-2. The mix of neighborhood commercial uses include shopping, crafts, restaurants, and eco -tourism Comprehensive Plan — Community Character Area Commercial Gateway Meets Recommended Development Strategies Strategy YIN or N/A 1. Encourage commercial and mixed use development and redevelopment along the US 80 Y commercial corridor 2. Discourage down -zoning within the US 80 commercial corridor N/A 3. Establish standards for a maximum percentage of residential use on a per parcel basis to N/A encourage mixed us 4. Enhance pedestrian movements with streetsca e improvements N/A 5. Allow for the appropriate mix of retail, residential, and tourism related uses consistent with Y the Plan vision 6. Implement traffic calming measures and parking improvements N/A 7. Establish noise and sight buffers between commercial uses and adjacent residential area N/A 8. Review parking requirements to ensure they are not prohibitive to future commercial N/A development 1 STAFF FINDING The applicant met with staff to discuss their options in planning for the new dune construction. Staff is impressed with the applicant's proactive efforts to find an alternative to having folks walk across the dunes. Staff recommends approval.. ATTACHMENTS A. Special Review application (5 pages) B. Description (I page) C. Construction drawings (1 page) D. SAGIS map (1 page) PA This Staff Report was prepared by George Shaw. CITY OF TYBEE ISLAND Fee $540 SPECIAL REVIEW APPLICATION Y Applicant's.N7 ame 2 5C5—)t> h L aC 1.4 14a T L Address and location of subject property 1'2— )3 v AeA Ave .&1 o C, PINApplicant's Telephone Number q 1 S�U 500 Applicants Mailing Address �D 1 c� x 13 q (� j e S A.v�# G 3) 3 Z �j Brief description of the land development activity and use of the land thereafter to 401 ke place on the property: w'. %k �*, Ptil 5ptt R`ca/A4 o,,,r ow -1 $V ee.f- �Zrv& ReIvit"Mp,,, i'-eNWr�r Property Owner's Name �1 t`e , S4ze44A Telephone Number '9)2- S76' -2-s-.7 o Property Owner's Address _Ce -L4-41 .41A- tb. r ,Je be 30Z 6' Is Applicant the Property Owner? o" Yes No If Applicant is the Property Owner, Proof of Ownership is attached: ✓ Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current zoning of Property C 1 Current Use r! , too J,, - Se. J 444 y w; I Cne�ne � Names and addresses of all adjacent property owners are attached: Yes Look VP owtie't S If within two (2) years immediately preceding the ding 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. -s 7 000 _1 Signature of Applicant Date NOTE: Other specific data is required for each type of Special Review. Fee Amount $ C ck Number 69/, Date City Official AIJ �f� elJ) NOTE: This application must be accompanied by following information: A detailed description of the proposed activities, hours of operation, or number of units. 8 copies, no smaller than 11 x 17, of the proposed site plan and architectural renderings. Disclosure of Campaign Contributions form The Applicant certifies that he/she has read the requirements for Site Plan Approval and;has provided the required information to the best of his/her ability in a truthful and honest manner. Signature of Date /Z/9 H H Section 1-A-LYonoWde Sechim l --B - Deck Secfion I -G -Seaside Ttrii lAmensfonyories Depending on ` 7' ds Afinetslon Ynries Ms Dimensim Vta►rfes � 0ropoff Rehi'nd Dune Aeperdinq on Width Dependirr on Drropoff1/7 1 of f. me , Frr�nt tiff vae Crest w CS) N U) M fVo f . place steps on beach We fu leve! of Maik yam beach rr►cession during asevere sJvrrn or fropvavl hurricane TYPICAL SECTION No. I 11F w 51 SLOP 6" caa-f �`��►� R S i Typltx�l4 u1 a a m Ln Cj td Beach Storm Proffle / (Afaxlmum Expe'dled Recesslw) a- � Jam•' R � el��s,.!{ � ' / _ �• 1 r . ��1 1 �. 1, T; T. A 1 ► /'-0 f —PiN to pisa m a ODI u ID I OD u w CS) N U) M fVo f . place steps on beach We fu leve! of Maik yam beach rr►cession during asevere sJvrrn or fropvavl hurricane TYPICAL SECTION No. I 11F w 51 SLOP 6" caa-f �`��►� R S i Typltx�l4 u1 a a m Ln Cj td Beach Storm Proffle / (Afaxlmum Expe'dled Recesslw) a- 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: 0' CONTRIBUTION C I NAME OF GOVERNMENT CONTRIBUTIONS -GIFTS-(YF- -$250.60 DATE OF OFFICIAL GOVERNMENT $250.00 R OR MORE CONTRIBUTION IF YOU WISH TO SPEAK CONCERNING THE ATTACHED REZONING APPLICATION, THIS FORM MUST BE FILED WITH THE ZONING ADMINISTRATOR FIVE (5) DAYS PRIOR TO PLANNING COMMISSION MEETING IF CAMPAIGN CONTRIBUTIONS OR GIFTS IN EXCESS OF $250.00 HAVE BEEN MADE TO ANY MEMBER OF THE PLANNING COMMISSION OR MAYOR AND COUNCIL. Sig -nature Printed Name Date Sec. 5-070. - Standards for special review. Land uses listed in Article 4 of this Land Development Code that are permitted after special review must follow an administrative procedure prior to the issuance of any land development permit. (A) Review criteria. The planning commission shall hear and make recommendation upon such uses in a district that are permitted after special review. The application to establish such use shall be approved by the mayor and council on a finding that: (1) The proposed use will not be cont to the purpose of this Land Development Code; (2) The proposed use will not be contrlary to the findings and recommendations of the master plan; (3) The proposed use will not be detr ental to the use or development of adjacent properties or the general neighborhood or adversely affect the health and safety of residents and workers; (4) The proposed use will not constitute a nuisance or hazard because of the number of persons who will attend or use such facility, vehicular mov ment associated with the use, noise or fumes generated by or as a result of the use, or type of physical act'bity associated with the land use; (5) The proposed use will not be affec�ed adversely by the existing uses of adjacent properties; (6) The proposed use will be placed ori a lot which is of sufficient size to satisfy the space requirements of said use; (7) The parking and all development standards set forth for each particular use for which a permit may be granted will be met. (B) Additional mitigation requirements. The planning commission may suggest and the mayor and council may impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.): (1) As may be necessary to protect thel health and safety of workers and residents in the community; and (2) To protect the value and use of property in the general neighborhood. (C)Adherence to requirements. Provided that wherever the mayor and council shall find in the case of any permit granted pursuant to the provisions of these regulations, noncompliance of any term, condition, or restrictions upon which such permit was granted, the mayor and council shall rescind and revoke such permit after giving due notice to ail parties concerned and granting full opportunity for a public hearing. (D) Permit longevity. If a building permit or other preparations or conditions are required prior to implementing special review approval granted by the mayor and council such permitting or other preparations or conditions must occur within 12 months from the date of special review 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 planning commission and mayor and council. In the event of a hardship or other extenuating circumstance the permit holder may apply to the designated city official for a one-time extension of permit approval. Permit extensions may not be approved in extenuating circumstances for a period of no more than 180 days. Should the permit not be exercised in the extension period it will expire. (Ord. No. 05-2013, 1-10-2013) Secretary -of State Corporations Division Suite 315, West Tower 2 Martin Luther King Jr Dr. Atlanta, Georgia 30334-1530 ARDEN J. HADWIN P.O. BOX 13279 SAVANNAH, GA 31416 CONTROL NUMBER EFFECTIVE DATE COUNTY REFERENCE PRINT DATE FORM NUMBER : 9846809 : 12/29/1998 CHATHAM 0070 12/29/1998 327 CERTIFICATE OF LIMITED PARTNERSHIP FILING I, Lewis A. Massey, the Secretary of State of the State of Georgia, do hereby certify under the seal of my office that the domestic limited partnership DESOTO BEACH HOTEL ASSOCIATES, LP A DOMESTIC LIMITED PARTNERSHIP has filed, as of the effective date stated above, its Certificate of Limited Partnership with the Secretary of State and has paid all fees as required by Title 14 of the official Code of Georgia Annotated. WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on the date set forth above. Lewis A. Massey Secretary of State CERT111FICATE OF LIMITED PARTNERSHIP The undersigned desires to form a partnership, pursuant to the Georgia Revised Uniform Limited Partnership Act, and certifies as follows: 1. The name of the partnership is DESOTO BEACH HOTEL ASSOCIATES, LR .2. (a) The initial registered agent of the partnership for service of process is JAMES R. STOEFFLER, and the address of the registered agent and of the initial registered office of the partnership in Georgia is 1201 B Bay Street, Tybee Island, Georgia 31328. (b) The location of the principal place of business is to be at 1201 B Bay Street, Tybee Island, Georgia 31328. 3. The name of the one and only general partner is ISLANDS DEVELOPMENT CORPORATION and the address of said general partner is 1201 B Bay Street, Tybee Island, Georgia 31328. 4. This partnership shall exist front the date and time of the filing of this Certificate of Limited Partnership in the Office of the Secretary of State of the State of Georgia and this partnership shall exist for an Indefinite term. IN WITNESS WHEREOF, the undersigned has executed this certificate on this 2 U k - day of December, 1998. ISLANDS DEVELOPMENT CORPORATION, General Pnriner STATE OF GEORGIA COUNTY OF CHATHAM The above certificate Naas subscribed and sworn to before me on the December, 1998. �4t Notary Public ARDEN J. HADWIN Notary Public, Chatham County, GA My Commisstcn Expires August 19, 2.001 'F ,;*.: d"f CORI,/WTLP AGREEMENT OF LIMITED PARTNERWIP 4 AGREEMENT OFLIMITED PARTNERSHIP 4 Article 1 5 FORiMiA71ON OF THE PARTNERSHIP 5 1.01 Agreement to Form a Limited Partnership. 5 1.02 Name ofPartnerslip 5 1.03 Business of Partnership. 5 1.04 Place of Business. 5 1.05 ' Name and Addresses of General and Limited Partners. 5 1.06 Term of Partnership. 6 . 1,07 Partnership Certificates. 6 y 1.08 Agent for Service Process. 7 krtihle 17 7 Definitions 7 2.01 Assignee. 7 2.02 Capital Account (s). 7 2.03 Cash from Operations 7 2.04 Code. 7 2.05 Distributable Cash . 7 2.06 Distributions. 8 2.07 General Partner or General Partner(s). 8 2.08 LinritcdPartncrs. 8 2.09 Limited Partnership :Unit. Partnership Unit, or Unit/interest. 8 2.10 Majority Vote. 8 2.11 Net Income or Net Loss. 8 2.12 Net Proceeds from Refinancing. 8 2.13 Net Proceeds for the Sale of Property or Assets. 8 2.14 Operation Revenues. 8 2.15 Original Invested Capital. 9 2.16 Partners. 9 2.17 Partnership, 9 2.18 Partnership Property or Property. 9 2.19 Taxable Income or Taxable Loss. 9 Article Ill 9 Capital Contributions 9 3.01 Original Capital Contributions of tinited Var[IlCrS. 9 3.02 Limitation on Liability for Additional Capilat 9 3.03 Return of Capital. 9 3.04 Withdrawals of Capital. 10 3.05 Original Capital Contributions of General f Jrtllir 10 3.06 Discretionary Loans to Partnership. 10 3.07 Distribution of Cash. 10 Article 1V 10 Accounting 10 4.01 Calculations of Profits and Losses. io 4.02 Distributions, 10 .4.03 Profits and Losses 11 4,04 Minimum Gann, 11 4.05 Qualified Income Offset. 11 4.06 Restoration of Deficit Capital Accounts. 12 4.07 Banking 12 4A8 Books and Records 12 Article V 13 Management of tate Partnership 13 5.01 Rights of the General Partner 13 5.02 Duties of Gcncrat Partner, 15 5.03 Limitation in Authority of General Partner, 16 5.04 Rights of Limited Partners. 16 5.05 Sale or Exchange of Partnership Assets. 17 5.06 Removal or Retirement of the General Partner. 17 5.07 Meetings of the Partnership. 18 5.08 Compensation and Expenses of General Parw%:f 19 5.09 Conveyance, 19 5.10 Potters of Attorney. 19 5.11 Indemnification. 20 5.12 Otho Business Ventures_ 20 5.13 Investment Opportunities. 20 Article VI 21 Assignment or Transfer of Partnership Interests 21 6.01 Assignment of Interest. 2€ 6,02 Transfer. 21 6.03 Costs of Assignment of Transfer. 22 6.04 Assignments or Transfers to Fancily Met bcrs. 22 6.05 Effective Date of Transfer, 22 Article VII 22 Dissolution 22 7.01 Events for Dissolution. 22 7.02 Procedure. 22 7.03 Right of Purchase Upon Dissolution, 23 Article VIII 24 Miscellaneous 24 8.01 Notices. 24 8.02 Amcndutent. 24 8,03 Binding on Successors and Assigns. 24 8.04 Entire Agreement. 24 8.05 Governing Law. 25 8.06 Legends 25 8.07 Attorney's Fees, 25 8.08 Tax Audit. 25 8.09 Severability. 25 8.10 Captions. 25 8.11 Gender. 25 8.12 Cumulative Remedies. 25 8.13 Tax Matters Partner. 25 8.14 Financial Suitability, Access to Infor [11,1 t i ui k and Counsel. 26 AGREEMENT OF LIMITED PARTNERSHIP THE UNITS OF LIMITED PARTNERSHIP INTERESTS REPRESENTED HEREBY WERE ACQUIRED WITHOUT REGISTRATION WITH THE SECURITIES AND EXCHANGE COMMISSION UNDER THE SECURITIES ACT OF 1933 AS AMENDED M -IE "1933 ACT") AND THE GEORGIA SEC URITIES ACT OF 1973 (AS AMENDED), (THE "GEORGIA ACT") ON THE BASIS T THE SALE AND ISSUANCE OF SAID UNITS DID NOT INVOLVE APUBLIC OFFERT 4G, THAT SUCH UNITS WILL BE ISSUED ONLY TO ACCREDITED INVESTORS WM q THE MEANING OF SECTION 4 (6) OF THE "1933 ACT," AND THAT SUCH I NITS WERE BEING ACQUIRED FOR INVESTMENT. NO TRANSFER OF THESE UNITS OR ANY INTERESTS THEREIN MAY BE MADE EXCEPT PURSUANT TO THE EkFECTiVE REGISTRATION STATEMENT UNDER THE GEORGIA ACT OR PERMIT URPDER THE GEORGIA ACT UNLESS THE ISSUER HAS RECEIVED AN OPINION OF qOUNSEL SATISFACTORY TO IT THAT SUCH TRANSFER DOES NOT REQUIRE REGISTRATION UNDER THE GEORGIA ACT OR QULIFICATION UNDER THE GEORGIA A"T. THE TRANSFER OF ANY INTEREST HEREkN IS FURTHER RESTRICTED BY THE PROVISIONS OF ARTICLE VI HEREOF. AGREEMENT OF LIMITED PARTNERSHIP OFI DESOTO BEACH HOTEL ASSOCIATES A GEORGIA LIMITED PARTNERSHIP THIS AGREEMENT OF LIMITED PARTNE.RSIIIP ("Partnership Agreement"} is entered into as of December 14, 1998 by and between Islands Development Corporation (hereinafter referred to as "General Partner") and those persons who are admitted to the Partnership as Limited Partners pursuant to the provisions hereof and have signed and acknowledged this agreement (hereinafter referred to a "Limited Partners"). In consideration of the mutual covenants and conditions contained herein, it is hereby agreed by and between the parties hereto as follows: Article FORMATION OF THE PARTNERSHIP 1.01 Aarreement to Fornr a Limited i'arlrwrship. The parties hereto hereby agree to form a LirniUd Partnership pursuant to the Georgia Revised Uniform Limited Partnership Act, ("etre Act) as codified at Code 1981, Sections 14-9-100 et. Seq. Of the Official Code of Georgia Annotated (herein referred to as the "Georgia Code") enacted by GA 1988,p. 1016 Section I (as amended) cin the terms and conditions herein specified, which limited partnership shall hereinafter be referred to as the "Partnership 1.02 Nante of Partnersitirr The name of this Partnership is Desoto heath Hotel Associates a Georgia Limited Partnership. 1.03 131151nesa of Partnersltin. Desoto Beach Hotel Associates (the "P:rrtriershrn") will buy, sell and develop commercial property known as "Desoto Beach Hotel" in the City of Tybee, Chatham County, Georgia, and such other properties as agreed upon by the General Partners. 1.04 Place of Bitcitress. The principal place of business of die Partnership shall be 1201 B Bay Street, Tybee Island, Georgia 31328, or shall he at such other place or places as the General Partner may from time to time determine after giving written notice of anY such change to the Limited Partners. 1.05 Narne and Addresses ofGreneral and Linrited Partners A. General Partner. The name and principle place of business of the General Partner is: Islands Development Corporation 1201 B Bay Street Tybee Island, Georgia 31328-2844 BIN The General Partner owns four (401o) of the Paztncrship. B. Limited Partners. The name and principal place of residence of the Limited Partners are: Name Place of Residence % of Share Stoeffler Trust 1201 B Bay Street 76.0 % UMA Dtd 419192 Tybee Island Georgia 31328-2844 57-6143046 Gregory James Stoeffler 1201 B Bay Street Tybee Island, Georgia 31328-2844 SS#249 43 5314 10.0% Sandra Lee Stoeffier 1105 Harney Strect Omaha, Nebraska 6 S 102 SS# 249 43 5250 10.0% Total of Limited Partners 76.0% General Partner 4.0% Total Percentage of Shares 100.0% C. Substitute Limited Partners, Substitute Limited Partners may be admitted hereto from time to time upon the approval of the General Parwer and the affirmative vote of a majority of Limited partners, as set forth in Article IV hereof. •106 Terrn ofParinenhip. The Partnership shall come into being upon the completion of the filing and recording of all certificates and other instruments in respect to the formation of the Partnership as required by the laws ofthe State of State of Georgia and shall remain in being until the date ofthe first ofthe following: A. Sixty (60) days following retirement, removal, bankruptcy, insolvency or incapacity of the voluntary or involuntary dissolution of any General Partner(s), and unless, if there is a retraining General Partner or Partners, thr remaining General Partner or Partners, i£any, unanimously elect to continue the business ofthe Partnership; B. Upon the sale, disposition or dep ietion of all ofthe Partnership's assets; C. Upon the dissolution by Uro election of Limited Partners having a sixty-seven percent (67%) share ofthe total Limited Partnership Units; D At die election ofthe General Palmer giving thirty (30) days written notice to dissolve; E. On December 3I, 2020 or, F. On such other date as the Partnership may be otherwise dissolved by operation of law or judicial decree. L07 Parinership Certificates, A. Concurrently with the adoption hereof, the General Partner will cause to be executed a Certificate of Limited Partnership. The General Partner shall record said Certificate in accordance with the Act in Georgia and in each state in which the Partnership may Ix mailer establish a place of business or own real property. I -DQ 50 -I --o 9C -Ac -IJ 1416e- -b,j ) c Ccass � ver Matham County Board of Assessors: 2018 Property Record Card ... 2018 Chatham County Board of Assessors Prnnarfu Pacnrrl Caryl http://boa.chathamcounty.org/DesktopModules/ChathamCounty/B... 4-0004-07-002 212 BUTLER AVE TYBEE ISLAND (APPRAISER VMMCCUENi PARCEL A RECOMBINATION OF LOTS 21,22&23 WARD 1 TYBEE DESOTO BEACH HOTEL ICAMA ASMT jLAST INSP 01/03/2018 hSLAND PRB 16P 9.50 ac ASSOCIATES LP 11,413,900 1,413,900 LAND 1! i BOX 2844 IAPPR 000008 ; TYBEE ISLAND GA031328-2844 1,442,400 3,388,000 BLDG 2 (ZONE 40,000 OBXF 7i { I 2,896,300 4,801,900 INCOME; PAGE 131 Dec 199P 0576 WD V Q QW 1,052,8( 1998 GRANTOR:DAVIS&SUTLIVE VEBTURE PAR GRANTEE:DESOTO BEACH HOTEL ASSOCI 126 Jun 179R 654 QC I U UQ 11996 GRANTOR: DAV/ S&SUTLIVE,ALVIN&WILL/ .PERMITS TYPE DATE AMOUNT' 1180141 AD 23 Feb 2018 Issued 2,000 150541 PO 02 Feb 2016 Comp 35,000 1150644 BR 02 Feb 2016 Comp 15,000 .140812 GM 02 Feb 2015 Comp 697 '120603 PO 02 Jan 2013 Comp 5,393 08-0012 RN 08 Apr 2010 Comp 7,300 ;070479 04 Feb 2008 Comp 8,000 106-0630 RN 04 Feb 2008 Comp 6,000 100-4 AD 01 Jan 2001 Comp 351,000 96-00041 NC 01 Jan 1997 Comp 427,500 2009 3,168,000 3,168,000 Over I i COMMENTS: 1,957,500 2,496,500 3,168,118 Incm i O8 Apr 2015 REVALUATION 06 Feb 2008 2008, PROPERTY REVIEWED 2006 FOR PERMIT ACTIVITY, NVC, 2005 LAL '22 May 2003 2003, LAND REVIEW. :09 Mar 2001 2001, HCC, NEW BUILDING 12002 ADDED. VALUE BY COST '2001 APPROACH UNTIL INCOME 2000 BECOMES STABLE. 20 Apr 2000 4-20-00 BOE held new hearing. Storage/Utility avg Appr.Rec. change to 506.00 $1,193,000 Owner agrees with 4,979 1996 1996 40 change. HCC 104 Apr 2000 1999 New PIN; split out of PIN 128 Mar 2000 4-4-7-1 PRB 16P-9 01/11/1999. ADD COR PER KATHY 1/3/00 SSB. 03/28/2000 BOE 1999 Affirmed a value of Comm porch good $1,444,500.00. SWC. [Click for larger picture] �'C71 CODES i PROPERTY 0002 COMMERCIAL I USE 12015 UTA 0004 Tybee Island NBHD 020500.00 T500 TYBEE TO 4,663,100 4,663,100 Incm BULL R EXEMPTIONS 2013 COMMCATEG 343 Motel 3,236,400 3,236,400 Incm 2011 HISTORY LAND IMPR TOTAL 12017 1,435,700 2,150,300 3,586,000 Over 12016 1,435,700 2,150,300 3,586,000 Over 12015 1,435,700 2,150,300 3,586,000 Incm 12015 1,435,700 2,150,300 3,586,000 Over 12014 4,663,100 4,663,100 Incm 12014 3,851,780 3,851,780 Over 2013 3,236,400 3,236,400 Incm 2012 3,236,400 3,236,400 Incm 2011 3,168,000 3,168,000 MAV •2010 3,168,000 3,168,000 MAV 2009 3,168,000 3,168,000 Over I 2008 1,957,500 2,496,500 3,168,118 Incm i 2008 3,168,000 A/C 2007 1,957,500 2,495,500 3,168,118 Incm 2006 1,957,500 1,120,000 3,168,118 Incm i 2005 1,305,000 1,120,000 2,520,271 Incm 2004 i 870,000 1,001,500 2,520,271 Incm 12003 , 870,000 1,001,500 2,520,271 Incm 12002 2,520,500 A/C i '2001 476,500 979,500 1,456,000 Cama 2000 1,108,500 A/C j 11999 1,193,000 A/C EXTRA FEATURES : ID# BLDG # SYSTEM DESC DIM 1 DIM 2 UNITS QL UNIT PRICE RCN AYB EYB DT ECON FUNC SP SP% RCNLD MKT VALUE ; 137200 84734 Comm porch avg 0 0 196200 3 11.68 22,916 1996 1996 40 15,583 14,000 PORCHES 137201 84734 Comm porch good 0 0 192.00 3 19.12 3,671 1996 1996 40 2,496 2,200 BALCONIES 137202 84734 Storage/Utility avg 0 0 506.00 3 9.84 4,979 1996 1996 40 3,386 3,000 GROUND FLOOR STORAGE AREA 137204 84735 Comm porch good 0 0 1134.00 3 19.12 21,682 2000 2000 40 16,478 14,800 BALCONIES 1137205 84735 CONCRETE SLAB 4" 0 0 378.00 3 2.43 919 2000 2000 15 184 200 CONC SLAB UNDER BALCONIES ,137206 ASPHALT PAVE TO 500 100 40 4000.00 3 1.46 5,840 2000 2000 15 1,168 1,100 ASPHALT PAVING 137207 COMM POOL 30 12 360.00 3 54.15 19,494 2000 2000 20 5,263 4,700 COMMERCIAL SWIMMING POOL LAND ID# USE DESC FRONT DEPTH UNITS/TYPE PRICE ZONING LCTN TOPO OTHER ADJ1 ADJ2 ADJ3 ADJ4 MKT VALUE 108959 General Commercial 1 0 0 21,752.50 -SF 65.00 C1 1413900 J 1 of 3 05/10/2019,1:03 PM Chatham County Board of Assessors: 2018 Property Record Card ... http://boa.chathamcounty.org/DesktopModules/ChathainCounty/B... 2018 Chatham County Board of Assessors 4-0004-07-002 Property Record Card 212 BUTLER AVE TYBEE ISLAND SECTION CONSTRUCTION TYPE RCN AYB EYB DEP TYPE PHYS ECON FUNC OBSV / % TOTAL DEP % RCNLD U.FACTOR MKT VAL jBUILDING 84734-1-2018 �Commeraal 1,082,834 1996 MS 32.00 0.00 0.00 0.00 32.00 736,327 736,327 --------------------------------•-------- ------------------------------------------------------------- AREA 9126 STORIES 3.0 PERIMETER / SHAPE 1626 OCCUPANCIES AREA % CLASS HEIGHT QUAL 343 Motel 672 7.36 C 8.00 2.00 343 Motel 672 7.36 C 8.00 2.00 343 Motel 672 7.36 C 8.00 2.00 r 343 Motel 296 3.24 C 8.00 2.00 IN 343 Motel 296 3.24 C 8.00 2.00 - 343 Motel 296 3.24 C 8.00 2.00 343 Motel 210 2.30 C 8.00 2.00 j 343 Motel 210 2.30 C 8.00 2.00 343 Motel 210 2.30 C 8.00 2.00 343 Motel 1864 20.43 C 8.00 2.00 343 Motel 1864 20.43 C 8.00 2.00 343 Motel 1864 20.44 C 8.00 2.00 -------•-----------------------------:---------------•-:•-------------------- [Click for larger picture] COMPONENTS Units % QUAL C2 616 Ind Thu -Wall Heat Pump 100.00 "DESOTO BEACH HOTEL"; THREE STORY MOTEL OVER OPEN AREA(BSMT) C4 683 Wet Sprinklers 100.00 PORCH AREA 90% GLASSED FOR "THE SHIP WATCH LOUNGE"; ROOMS C7 751 Balcony 192.00 HAVE VINYL TILE & CARPET FLOORS WITH STANDARD COUNTER TOPS. C5 759 Mezzanines 1864.00 C5 759 Mezzanines 430.00 C1 812 Concrete Block 100.00 2 of 3 05/10/2019,1:03 PM Chatham County Board of Assessors: 2018 Property Record Card ... 2018 Chatham County Board of Assessors Property Record Card http:/iboa.chathamcounty.org/DesktopModules/ChathamCounty/B... 4-0004-07-002 212 BUTLER AVE TYBEE ISLAND BUILDING SECTION CONSTRUCTION TYPE RCN AYB EYB DEP TYPE PHYS ECON FUNC OBSV / % TOTAL DEP % RCNLD U.FACTOR MKT VAL '.. 84735-1-2018 !Commercial 929,028 2000 MS 24.00 0.00 0.00 0.00 24.00 706,061 706,061 3- is• 3, 61 i 1 AREA 7994 STORIES 3.0 PERIMETER/SHAPE 1058 i 3 of 3 05/10/2019, 1:03 PM OCCUPANCIES AREA % CLASS HEIGHT QUAL 343 Motel 80 1.00 C 8.00 2.00 i j 343 Motel 80 1.00 C 8.00 2.00 i 343 Motel 80 1.00 C 8.00 2.00 343 Motel 80 1.00 C 8.00 2.00 343 Motel 288 3.60 C 8.00 2.00 343 Motel 288 3.60 C 8.00 2.00 343 Motel 288 3.60 C 800 2.00 343 Motel 288 3.60 C 8.00 2.00 ia' J d: la' 343 Motel 2174 27.20 C 8.00 2.00 �e 343 Motel 2174 27.20 C 8.00 2.00 nEra 1343 Motel 2174 27.20 C 8.00 2.00 E., (COMPONENTS Units % QUAL ------------------------------------------------ ---------------------------------------------------' C2 616 Ind Thu -Wall Heat Pump 100.00 [Click for larger picture] i C4 683 Wet Sprinklers 100.00 THREE STORY; ENCLOSED STAIRWELL AND ELEVATOR; 80 SF AREA C7 751 Balcony 1134.00 ENCLOSED STAIRWELL. GROUND FLOOR (MEZZ) REPRESENTS DRIVE CS 759 Mezzanines 2174.00 THRU PAVED AREA; 12 ROOMS. BATHS HAVE TILE FLOORS; MARBLE SINK TOPS; EACH ROOM HAS MICROWAVE & SMALL REF. CONF ROOM HAS 2 BR C1 892 Stud -Stucco 100.00 & KITCHEN. -J 3 of 3 05/10/2019, 1:03 PM I [ Jones Avenue Tybee Island GA 31328 T 912.786.7945 F 912.786.7943 ddesi ng_s(a_bellsouth.net DIVERSIFIED DESIGNS, P.C. March 19, 2019 Honorable Mayor Jason Buelterman Members of Tybee City Council Re: Need for Expanded C-2 Zoning on Tybee Island Honorable Mayor and Council Members: I am respectfully requesting that you consider modifying the current C -2 zoning to in- clude affordable housing such as apartments for workers on Tybee Island. I have had many con- versations with local employers and businessmen who can not get or keep good workers due to the lack of affordable housing for perspective employees or workers. Under the current C-2 zon- ing "Motels" are allowed but not apartments or other multi -family structures that are included in the C-1 Zoning district. The Mayor and City council should consider changing the C-2 Zoning to include the multi -family zoning permitted in C-1 after site plan approval. In the Tybee City Code of Ordinances C-1 beach business district (1) Uses permitted by right after site approval include (a)Apartments, condominiums, townhomes, guest cottage, ho- tels, motels, time shares, tourist homes, bed and breakfast inns; plus single-family, two-family, three-family, and four family dwellings;. The same language could be added to the current C-2 Zoning to improve our situation with workforce housing. Keep in mind that the C-2 District is not a large zoning district like the R-2 and other Residential Districts on Tybee. The affordable housing component added to C-2 will not have much impact on the Island. Most of the C-2 District abuts Residential Districts. If the affordable housing in C-2 is allowed, such a change would result in Residential next to Residential Zoning, and not Commercial next to Residential Zoning(which does not mix together well). Additionally there are only a few building lots left in the C-2 District so the impact will necessarily be mini- mal. Without the text amendment to C-2 Tybee could face a housing crisis like many other ar- eas such as Hilton Head Island and Kansas City are currently facing and studying. I am attach- ing a few articles that will help explain the effects of lack of affordable housing for workers. The February 15, 2019, Island Packet put out on Hilton Head contained an informative article.(msn.com/en-us/travel/news/expert-Hilton Head needs 200 new housing). One of the key findings of Sturtevant Consultants hired by Hilton Head was that, "Employers agree "a lack of lower-cost housing on the island is a significant impediment to employers and a challenge to the quality of life and of service" on Hilton Head. The conclusion of the study was that Hilton Head "should build 200 affordable housing units a year." The target of 200 units a year is for rental units specifically designed to house the workforce." The study found that "The lack of work- force housing and the inability to attract workers can lead to declines in quality of service on the Island. There is a need for a broad range of workforce housing options. A copy of the presentation made to the Hilton Head Island Town Council by Lisa Sturtevant & Associates, LLC., can be found online.(HiltonHeadIslandSC.gov/projects/workforcehousing). Tybee can use the information and prevent a similar housing crisis on Tybee. Expanding C-2 zoning to in- clude rental apartments for workers is a proactive measure that will benefit our community. Other research by the Kansas City Fed shows that "stable, affordable housing benefits the broader economy." Cris White, CEO of the Colorado Housing and Finance Authority states, "An apartment building gives people individuals, or a family a safe environment and a way to be housed economically so they aren't rent -burdened. What that gives to a community is stable ten- ants who are buying groceries, going out to eat and who are involved in their community. When housing is created, construction and other jobs are created. People who are housed affordable have more money to spend on other essential, food and health care." For owners and renters, housing is often the most expensive part of a household budget. Areas that lack affordable hous- ing also have trouble attracting a workforce. See the article, "The housing effect: Studying the impact on communities, income, jobs" by Sarah Pope on April 25, 2018, found in the Kansas City Federal publication, Ten magazine. Tybee should act now and expand C-2 zoning so that affordable housing can be created for people who would like to work and live on Tybee. Employers, workers, and the other resi- dents would all benefit from the foresight of doing this now as these articles explain. We can use the information and lessons garnered by other communities across the nation to keep our com- munity vital. Sincerely, Jeffrey A. Cramer https://www.kansascityfed.org/publications/tenlarticles/2018/springlthehousingeffect https://www.islandpacket.cominewslbusinesslreal-estate-newslarticle226272880.html http://www.hiltonheadislandsc.gov/projects/workforcehousing/ Lisa Schaaf From: George Shaw Sent: Friday, May 10, 2019 9:25 AM To: Demery Bishop; Charles Matlock; Marianne Bramble; Ron Bossick; Tina Gann; David McNaughton; Alan Robertson Cc: Lisa Schaaf Subject: discussion item Attachments: Home occupation -home business.docx PC members, These definitions will be on the agenda as a discussion item. Staff has issues with these definitions and CC asked us to run it by this esteemed body to discuss possible amendments. Home businesses are allowed by right in most districts Home occupations require special review which means that the PC, CC and neighbors may weigh in on the use. Some issues are: Can customers come to the home for either type business? What is produced on site? Building furniture? Making jewelry? Can a garage or out building be used? Ideally we will be able to refine the above definitions so that it is clear (most of the time) to staff whether something is a home business or home occupation. George "Home occupation" means an occupation or profession which is conducted entirely within a dwelling, which is carried on only by family members residing therein, which does not involve customers or clients coming onto the premises, and which is clearly incidental and secondary to the use of the dwelling for residential purposes. (a) Each home occupation must be approved by the zoning administrator before any activities in connection with the occupation begin. (b) "Home occupation" shall not include the repair and/or maintenance of motor vehicles, large scale manufacturing or any use which will create noise, noxious odors, or any hazard that may endanger the health, safety, or welfare of the neighborhood. (c) A home occupation shall not create noise, dust, vibration, odor, smoke, glare, or electrical interference that would be detectable beyond the dwelling's structure. (d) A home occupation shall not allow customers or clients to come to the premises. (e) The dwelling in which a home occupation is conducted must be the bona fide residence of the principal practitioner thereof. (f) Home occupations shall be limited to no more than 25 percent of the total heated floor area of the residence or 500 square feet, whichever is less. (g) The proposed size of the home occupation shall be specified at the time of application to the zoning administrator. (h) Any additions or alterations to the residence which will be used for the home occupation must be of an architectural style in keeping with the surrounding residential and agricultural development. (i) There shall be no exterior evidence of a business being conducted on the premises. No outside storage or display, including signs, shall be allowed. Q) No more than two commercial ventures (home occupations, residential businesses, and/or rural businesses) shall be allowed in any residence at one time. (k) One business vehicle used exclusively by the resident is permitted. The vehicle shall be no larger in size than a pick-up truck, panel truck, or van and is limited in size to one -ton carrying capacity. The vehicle shall not have business identification (signs) on it when it is parked at the premises and will not have any equipment used in the business left on the vehicle in a manner that can be seen from the surrounding property. (1) Pick-ups from and deliveries to the site in regard to the business shall be restricted to vehicles having no more than two axles and shall be restricted to no more than two pick-ups or deliveries per day. "Residential business" means an occupation or profession which is conducted entirely within a dwelling, which is carried on only by family members residing therein and by no more than one employee who does not reside therein, and which is clearly incidental and secondary to the use of the dwelling for residential purposes. (a) Each residential business must be approved by the planning board before any activities in connection with the occupation begin. The planning board may place any reasonable conditions on the application deemed necessary to insure the orderly operation of the proposed business and its compatibility with the surrounding properties. The planning board shall hold a public hearing as provided in article IX of this ordinance. (b) Residential businesses shall not include the repair and/or maintenance of motor vehicles, large scale manufacturing, or any use which will create noise, noxious odors, or any hazard that may endanger the health, safety, or welfare of the neighborhood. (c) The residential business shall not involve group instruction or group assembly of people on the premises. (d) The dwelling must be the bona fide residence of the principal practitioner at the time of the application and, if approved, the residential business shall be valid only as long as the original principal practitioner resides in the dwelling, is conducting the business and has a current business license. (e) Residential businesses shall be limited to no more than 35 percent of the total heated floor area of the residence or 700 square feet, whichever is less. The proposed size of the residential business shall be specified at the time of application. (f) Any additions or alterations to the residence which will be used for the residential business must be of an architectural style in keeping with the surrounding residential and agricultural development. (g) The portion of the residence in which the business is conducted shall be completely enclosed in a manner that the business is not visible from the surrounding property. (h) No outside storage or display shall be allowed. (i) Only one nonilluminated sign not to exceed one square foot is permitted, location to be approved by the zoning administrator. Q) No more than two commercial ventures (home occupations, residential businesses, and/or rural businesses) shall be allowed in any residence at one time. (k) Property on which the residential business is proposed must have frontage on a public road. (1) No customers or clients shall be permitted at the site unless sufficient off-street parking is provided and the location thereof approved by the zoning administrator. (m) Days of operation requiring access by the public, customers, and/or clients shall be Monday through Saturday, daylight hours only. (n) The principal practitioner will be permitted to park one commercial vehicle in the approved parking area. The commercial vehicle is limited to a passenger car, a van or a light truck (up to one ton). (o) No utility trailer may be used in the operation of the business except upon approval by the zoning administrator. The request must include the proposed use and size of the trailer.