CITY GOVERNMENT

OFFICIAL PROCEEDINGS OF CITY COUNCIL

SAVANNAH, GEORGIA

PRESENT: Mayor Eddie W. DeLoach, Presiding

Aldermen Carol Bell, Julian Miller, Brian Foster, Bill Durrence ,Van Johnson, II, Tony Thomas, John Hall and Estella E. Shabazz

Rob Hernandez, City Manager

Bret Bell, Assistant to the City Manager

Jennifer Herman, Interim City Attorney

William Shearouse, Assistant City Attorney

The regular meeting of Council was held this date at 2:00 p.m. in the Council Chambers of City Hall. The Pledge of Allegiance was recited in unison followed by the Invocation by Reverend David H. Messner, of Unitarian Universalist Church of Savannah.

A RESOLUTION OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH AUTHORIZING THE MAYOR TO SIGN AFFIDAVIT OF EXECUTIVE SESSION.

BE IT RESOLVED by the Mayor and Aldermen of the City of Savannah as follows:

At the meeting held on the 14^th day of February, 2019 the Council entered into a closed session for the purpose of discussing Real Estate, Litigation and Personnel. At the close of the discussions upon this subject, the Council reentered into open session and herewith takes the following action in open session:

1. The actions of Council and the discussions of the same regarding the matter set forth for the closed session purposes are hereby ratified;
2. Each member of this body does hereby confirms that to the best of his or her knowledge, the subject matter of the closed session was devoted to matters within the specific relevant exception(s) as set forth above;
3. The presiding officer is hereby authorized and directed to execute an affidavit, with full support of the Council in order to comply with O.C.G.A. §50-14-4(b); 17
4. The affidavit shall be included and filed with the official minutes of the meeting and shall be in a form as required by the statute.

ADOPTED AND APPROVED: FEBRUARY 14, 2019 upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried.

Approved upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried. 

Approved upon motion of Alderwoman Bell, seconded by Alderwoman Shabazz, and unanimously carried. 

Michelle Gavin, SCAD representative, introduced Storm Janse van Rensburg, Head Curator of the SCAD Museum of Art on Martin Luther King, Jr. Boulevard, to discuss SCAD’s deFINE ART annual event.  Mr. van Rensburg announced that deFINE ART is a time for us to engage in what is local and to bring national voices to Savannah including over thirty artists.  On Thursday, February 26^th at 6:00 p.m. there will be an exhibition reception and block party including an illustration battle.  On Wednesday, February 27^th alumni Bosco will do a live performance, and on February 28^th there will be a lecture at the Lucas Theatre.  Mrs. Gavin reminded everyone the museum is open to the public and the deFINE ART exhibitions will be on display through the spring.  Mr. van Rensburg said they also welcome school groups throughout the year.

On behalf of City Council, Alderman Thomas sent well wishes to Barry Johnson, half of the Bucky and Barry act that sings around town, now recovering from surgery.

A public hearing was held. No persons came forward to speak either for or against the item.

Hearing closed upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried.

Approved upon motion of Alderman Thomas, seconded by Alderman Johnson, and unanimously carried.

Alderman Thomas: I just want to put on the record, Captain Halford from the south side precinct and I, along with Manny Dominguez, met at the precinct last week about concerns that we have over crime, litter, blighting and other issues at the Walmart on Abercorn across from Savannah Mall. Well the Murphy's Express is connected to that Walmart and those concerns are equal. There have been some incidents of violence that have occurred at that gas station and I just asked that we closely monitor this location to make sure that this is something that doesn't continue and that they understand that the residents in that area along with the City expect that it's to be kept in a clean manner and run professionally without that type of activity occurring in that parking lot.

Alderman Johnson: Do you want to hold it up?

Alderman Thomas: I don’t want to hold it up but I just want to make sure we put that in the record and that we waste no time if the situation changes over there.

Alderman Johnson: I'd like to thank the City Manager and staff, I like this format a lot better it's easier to read. Thank you very much.

A public hearing was held. No persons came forward to speak either for or against the item.

Hearing closed upon motion of Alderman Johnson, seconded by Alderman Thomas, and unanimously carried.

Approved upon motion of Alderman Thomas, seconded by Alderman Johnson, and unanimously carried.

City Manager Hernandez:  Mr. Mayor, members of City Council, staff is recommending that this rezoning petition be referred back to the Planning Commission and readvertised, reheard by the MPC before it is brought back to City Council for consideration. We just got some concerns about whether proper public notice was provided and so just out of the abundance of caution we recommend that we send it back to the MPC.

Alderwoman Shabazz: We were talking about this just for a brief moment. I don't think we did this at the last City Council meeting. Just for understanding exactly what is going on with this, I see that Mr. Lotson is here and my question is with the Tricentennial Comprehensive Plan Future Land Use Map, I really want to know more about that. And with the zoning change from I believe it's a BG-I zoning designation that it is now and wanting to be an R-I-P zoning designation. Can you just give us an explanation for our information on what is actually going on with this.

Marcus Lotson, Metropolitan Planning Commission: In terms of what the zoning petitioner is requesting?

Alderwoman Shabazz: Yes.

Mr. Lotson: The current zoning of the property, which is BG-1 is a general business classification. It is a classification that permits a number of commercial type uses. The district that the petitioner is asking for is R-I-P, which is residential institutional professional. It's a district that's a mixed use district, but it's primarily residential. That's the primary difference between what's there now and what the petitioner is requesting.

Alderwoman Shabazz: And with the, and this was the thing for me because it's the Tricentennial Comprehensive Future Land Use Map. That's a new acronym designation for me. If you could just explain that.

Mr. Lotson: Sure, the future land use map is a part of the City's comprehensive plan. What it is, is it attaches a land use category to each parcel. So, similar to zoning how each parcel has a zoning classification it also has a land use designation, which is a broader category generally. So, it's really a guiding sort of document that you look to as it relates to zoning changes when people request them. So, you would consider the existing land use classification as part of the rezoning request.

Alderwoman Shabazz: And now with the NewZO coming forward soon, and I know it is going back to MPC, I’m just asking that you all look at what is going on with this for the petitioner and for the other…

Mr. Lotson: We are doing that. Looking at it in terms of the City at large, is that where you were going?

Alderwoman Shabazz: Exactly, that’s where I was going.

Alderman Miller: Mr. Lotson, what if you know are the intentions of the property owner? What are we trying to do here?

Mr. Lotson: What I can tell you only is what we've been told, which is that under the current zoning the residential use is nonconforming from the standpoint of the use being permitted in the district, it existed prior to zoning. The zoning that they requesting will bring it into conformity. Also, we understand that there was issues with financing properties that are nonconforming from a mortgage standpoint. So, the banks are less likely to allow you to take loans to improve properties that are not conforming from a zoning standpoint.

Alderman Miller: Is there anything under the R-I-P that can be done with this property that cannot be done under the BG-1?

Mr. Lotson: Yes, because the BG-1 is not a residential classification. There's a lot of residential uses that are permitted in R-I-P that are not permitted in BG-1. The R-I-P is a significant down zoning in terms of intensity from the BG-1.

Alderman Miller: So, what would be the expanse of what you can do under R-I-P? I mean what will it allow?

Mr. Lotson: Primarily residential uses. A lot of the uses that are permitted now under the BG-1 would go away for that property. There is a list of really in both the districts where uses that are permitted, but in R-I-P, it's very similar to the districts you find downtown that allow a mix of retail and residential.

Alderman Miller: Does it affect the barriers of the land? I'm not saying this well, but the capacity of the property that under R-I-P could you put a bigger building on the property than under BG?

Mr. Lotson: No, you can definitely put more intense uses on a BG-1 property than you can on an R-I-P property.

Alderman Miller: So, this appears the purpose here is to line up the financing of it.

Mr. Lotson: That's our understanding in terms of the petitioner's request. That's not something that we really considered in terms of a zoning recommendation, but that's what we were told by the petitioner that that's her interests.

Alderman Miller: This is actually in District Five but it's across the street.

Mr. Lotson: It's right on the border.

Alderman Miller: So, of course there's some concern what are they going to do out there? It looks innocuous but I just wanted to ask those kinds of questions. I take it the property owner is not here.

Mr. Lotson: I believe the applicant is here today.

Mayor DeLoach: This is going to come up again.

Mr. Lotson: Based on the Manager's recommendation, we would take it back to the Planning Commission to rehear it, allow the public notice procedures to take place and then once the MPC acts on it again, we'll bring it back to you for a public hearing.

Alderman Miller: I understand that. My issue is it is now in front of the public and folks in my district would like to know what the intentions are in there and that's part of the reason for this time period. If we could find out what the intentions are of the owner it might help us in that time period.

Upon motion of Alderwoman Shabazz, seconded by Alderman Foster, and unanimously carried the item was sent back to the Metropolitan Planning Commission.

Alderman Durrence: Mr. City Manager, are we sure about the ownership of where we want to put that?

City Manager Hernandez: It is my understanding that one of those locations is a City easement.

Jen Herman, Interim City Attorney: The City Surveyor is here prepared to speak. I think he's examined that question.

City Manager Hernandez: Mr. Mayor, if you would give us just one moment I'm going to have Mr. Joe Shearouse go to the podium and show you on the board, the locations for these for markers.

Joe Shearouse, Municipal Operations: So, this petition is for four locations. One location is on West Back Road, which is adjacent to the Carmelite Monastery. If you see on the image you have here in front of you this was done by Greg Harris, City Surveyor, who has assessed this location multiple times and has deemed the location to be on the public right of way. Let me move forward to one more image.

Alderman Miller: It's on the public right of way but on property that is owned by someone else. Is that what I understand?

Mr. Shearouse: No sir, so let me explain. If you look at this image here, the Carmelite Monastery property line is here. They own these two properties here. The petition is to place the marker on the location you see there. This is an aerial view and now you have a street view of where the marker will be placed.

Alderman Miller: Where's the Monastery in relation to that picture?

Mr. Shearouse: The Monastery is actually to the right and to the left. This area here is actually an easement that was granted by the Monastery to the City of Savannah. However, it's only an ingress and egress easement, so we can't build any structures on it or place anything on that particular property.

Alderman Miller: So, where are we going to put the monument?

Mr. Shearouse: The monument will be located right in this area right here.

Alderman Miller: So, we can't put any signs there but we can put this monument there.

Mr. Shearouse: We could place signs there, we cannot place any signs or structures on the easement located along this driveway here.

Alderman Thomas: Let’s be clear it’s not a monument it’s a sign.

Mr. Shearouse: So, let me give you some context. It's a historical marker sign that measures three and a half feet wide and seven feet tall from the ground to the top of the sign.

Alderman Thomas: That's with the poll and the sign attached to it.

Alderman Hall: About the height of a stop sign or something like that.

Mr. Shearouse: Yes sir, I believe so. I believe it’s actually slightly shorter than a stop sign.

Alderman Durrence: These signs aren't like the normal historical markers that I'm used to seeing. Are we using these in other places because it looks different from what we're used to.

Mr. Shearouse: I'm not aware of us doing a monument marker before in the City of Savannah or actually embarking on that. The Georgia Historical Society typically does one. So, this is a bit of a new venture for us. However, it has followed all the procedures associated with the placement of monuments, which goes through the MPC’s Sites and Monuments Commission.

Alderman Durrence: The distinction here is that this is a historical marker that the City is doing not for the Historical Society.

Mr. Shearouse: So, this particular marker was petitioned.

Alderman Durrence: I don't mean just this one, but all four of them.

Mr. Shearouse: All four were petitioned by a citizen who's a member of a community group called the Crusaders Club. That petition was then assisted by Alderman Thomas. It's being funded by SPLOST funds and being placed on the City right of way. So, the petition generated from a citizen, however it's being cooperated with by the City because they're using public space, which is similar to what's done by the Georgia Historical Society. However, the City is actually paying for or proposed to pay for the fabrication and placement of the signs, which is different than the Georgia Historical Society process.

Alderman Durrence: It was just a little bit of a shock to me when I saw the difference in the look of the sign.

Mr. Shearouse: So, the sign will be a dark green and gold lettering, which is somewhat similar to the Georgia Historical Society design standards. The difference is the Georgia Historical Society uses a different type of metal material, much more expensive. These will be made of aluminum and pressure treated wood post.

Alderman Miller: Is this the wording of what's going on there… the descendants of freed slaves.

Mr. Shearouse: Yes sir. So, the four markers each have different text on each one. The first sentence and final sentence of each sign is the same. However, the two sentences in the middle are slightly different on each of the four locations. And each one of those sentences signifies a different action or thing that took place at those particular locations.

Alderman Miller: An example I’m looking at says, “This community thrives on fishing and agriculture” something similar to that?

Mr. Shearouse: Yes sir.

Alderman Miller: It's just historically marking the area.

Mr. Shearouse: Yes sir, and if you like more context on the historical significance of the marker, I would ask that you refer those questions to the petitioner.

Sandy Battise, Crusader Club: Thank you Mr. Mayor and Council members for this opportunity to present these historical markers for the White Bluff/Coffee Bluff Community. The White Bluff/Coffee Bluff Community was settled by freed slaves. They came from a background of slavery sharecropping so they were very familiar with using waterways. They came from the islands of Saint Catherines Island, Sapelo Island, and Ossabaw Island. The proximity to the White Bluff area made it very convenient for them to relocate to this area. What was critical to the people relocating to this area was to be able to access these public waterways to sustain not only their lives, but to generate revenue. So, they would actually use the waterways for fishing, oystering, shrimping, plus they did agriculture. They would actually use the Coffee Bluff Road that turns into White Bluff Road that turns into Bull Street with horse and wagon buggy, any means necessary to take their goods to the Old City Market. If they had to walk to do that, they would do that. Buggies and horses, they would do that. This is our attempt to just make sure that we don't have our access to waterways just totally eliminated from the history of this community. So, this is just a small portion of the history that African Americans contributed to the community and we want it to be a bridge to include everyone in the community to learn about the story.

Mayor DeLoach: Going through the gate gives you the ability to get down to the water, right?

Ms. Battise: Yes, but some of them are not used because of some of the other developments that have taken place to around it. So, it's just to identify for the community kind of past, present and future generations.

Matthew McCoy, Carmelite Monastery: I represent the Carmelite Monastery and we have inserted some objections to the proposed locations of the signs, primarily just location. I want to make it clear that the Carmelite Monastery has no objection to the project in general or the signs, that's not the issue. The issue was the location of four, which was what we saw presented by the City Surveyor. It's the corner of what is an unopened right of way, known as Falligant Street it's actually owned by the Carmelite Monastery and then Back Street it. I'm guess what I'm hearing for the first time today is that the proposed location for it is in the right of way of Back Street. If that is in fact the case, I don't believe we have any objection to that location. The application showed a location different than what we saw today and appeared to be within the right of way of Falligant Street, which is owned by the Carmelite Monastery. So, the Commission, when they approved the four signs they did so conditionally on the basis that it be located within the right of way owned by the City of Savannah. We would ask that today's motion likewise be conditioned upon that. Having not seen an actual survey and just making sure that the sign will in fact be installed within the right of way of Back Street as opposed to Falligant Street, which is owned by the Carmelite Monastery.

Alderman Thomas: Mr. McCoy, thank you we appreciate that and appreciate the fact that the Carmelites don't object that we put it on City property. I would ask a little over 19 years ago, several of the elders and I along with staff that's no longer with the City, met at the Monastery with some of the leadership there about the operations of how the gate would be operated and all. Is that gate opened every morning as agreed?

Mr. McCoy: My understanding is that it is a locked gate that is opened every day. The road to the gate is unopen Falligant Street. It's deeded by the City of Savannah to the Carmelite Monastery. The Carmelite Monastery in turn granted an easement to the City of Savannah, limited to ingress and egress. It's an easement right that's held by the City solely for ingress and egress. My understanding is the way that’s been treated historically is that the gate has been unlocked during the daytime hours and then locked at night for the safety of the Monastery.

Alderman Thomas: That was our agreement but that is currently not what is happening. There was also signage posted there that said open from sun up to sundown, that signage has disappeared. And there was also a street sign there that said Falligant Street at one point, that sign has also disappeared. I don't know what's happening to the signs and I don't know if we're not monitoring the gate to be open and closed daily. This was an agreement that was made and I hope will continue to be kept for the people of that area.

Mr. McCoy: Just to be clear the easement is in favor of the City of Savannah. As far as the street sign, there is a street sign there for Falligant Street that exists there, and there are other signs there, why they're there I'm not quite sure. I don't really believe they're necessary on an unopened right of way that's been granted to a property owner, but they've been there.

Alderman Thomas: Well some of the signs have disappeared and I would just request that the gate be continued to be opened at sun up and closed at sundown.

Mr. McCoy: That's my understanding of the agreement.

Alderwoman Shabazz: I just want to make a comment that I really am in agreement with the district Alderman on this particular item, but I just want to take a personal privilege if I can. We have one of probably several over on my left hand side of the Chamber, of great representation of Windsor Forest Knights that we were back in the day when segregation had to change and we were part of that whole movement. We were the persons who were the people involved as seventh graders and we had to, I was moved from one side of town over to the Windsor Forest High School and Sandy Battise and her relatives. I'm just so happy to see her again, but even more happy to see that we are on our job, that we, most of us who, who are doing this type of work without thinking that it's labor, that we've got to uphold the history and herstory of our ancestors. I am just so elated to see her and her family and all of the citizens out of Alderman Thomas' district who are standing for what is right. The markers, you know, most of what people know are on the markers and monuments and sites that are downtown. But I am so glad that Mr. Shearouse and the City Manager are working extremely hard for an outreach of the City of Savannah to let the community know that history and herstory of those who came before us exists and we are making great efforts in putting these markers, monuments and signs in places that must be placed in order for things to move forward in the generations.

Alderman Hall: Mr. Mayor and Council, I just want to mention that my family, the Halls and Graysons migrated from White Bluff to Thunderbolt. So, every Hall that’s in White Bluff we’re related.

Alderman Thomas: I want to commend Sandy Battise and the Crusader Organization for taking this initiative. The other day at the Historic Sites and Monuments I made a comment and it's reflected today. It's that we lose our history in pieces, we don't lose it all overnight. We lose it in the passing of individuals that move on that didn't leave the story behind. This tells the story. This brings what has happened in the past together with what's going on today and gives people an idea and a foundation to know what value of community is. That coastal community, that fishing community down there is significant to the history of this City. As we were doing this project and you know the four locations that we are celebrating today and will be marking are not the only four that were there, they are the only four that still exist. All of the rest of the history got covered up, built over and forgotten in times past. If we didn't have people like Sandy Battise, like the Crusader Organization, even our own Luciana, if you didn't have people that had an admiration and love for history that we're trying to preserve it so that people a hundred years from now when we're all gone can still be somewhere and appreciate where someone stood a hundred years before and made the contribution. Where would we be? I want to say that this has been exciting for me because working with Joe Shearouse and working with Sandy and others, heck we found some other things out there that we didn't know existed. We found a whole lost town that was discovered as we're going through these records that we're going to look into. This is how things get forgotten, but good people make sure that we can still learn about it. So, I want to say thank you personally to Sandy and to the Crusaders who made this initiative. And this will not be their only initiative, this is just the beginning. So, I'm proud to work with them hand in hand. I'm proud to work with Joe and others as we continue to bring forth some really, Joe and I are working on two right now that we'll be bringing forward that are going to be extremely exciting. And it also goes to tell everyone we love our Landmark Historic District. I don't think any resident in Savannah doesn't love that, but it's not the only place in Savannah that has history, as my colleague down there says herstory. So, we must continue the effort to bring the history of other communities, of other neighborhoods, and of other subdivisions to life in other parts of the City other than just the Historic District. So, today I appreciate the time Mr. Mayor. I hope that we have unanimous consent on this as we move forward.

Approved upon motion of Alderman Thomas, seconded by Alderman Hall, and unanimously carried.

Alderman Thomas: I am so sorry. There was one thing that I did not announce. There will be an official unveiling and Sandy, would you like to do this? I would like to yield to Sandy for just a moment to make this announcement on this so we can finish that issue.

Ms. Battise: The unveiling, and this is why it's important because there's going to be homemade poundcake there. So, it's on February 22^nd 10:30 a.m. Meet at 10:15 at the Crusaders Center, which is on 81 Coffee Bluff Villa Road.

City Manager Hernandez: I just want to be sure that your approval of this item is subject to three conditions as identified in the agenda report.

Alderman Hall: Yes.

Ordinance read for the first time in Council February 14, 2019, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Hall, seconded by Alderman Bell, and unanimously carried.

AN ORDINANCE

To Be Entitled

AN ORDINANCE TO AMEND PART 8, CHAPTER 3, ZONING, PERTAINING TO THE CREATION OF A PLANNED UNIT DEVELOPMENT DISTRICT FOR COHEN’S RETREAT; AND TO REPEAL ALL OTHER ORDINANCES IN CONFLICT HEREWITH AND FOR OTHER PURPOSES.

BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled and pursuant to lawful authority thereof:

SECTION 1:  That Part 8, Chapter 3, Zoning of the Code of the City of Savannah, Georgia (2003) hereinafter referenced as "Code", be amended as follows:

Note: Text to be enacted is shown in blue, bold, and underlined.  Text to be repealed is shown in red, bold, and double strikethrough.

Article T. Cohen’s Retreat Planned Unit Development.

Sec. 8-XXXX.  Established.

The Cohen’s Retreat Planned Unit Development (“PUD”) is hereby established to master plan and to provide comprehensive standards for commercial, civic, residential and mixed-use purposes located at 5715 Skidaway Road (PIN 2-0141-05-005) (“the Property”).  The PUD will provide standards in order to maintain predictable uses and to preserve environmental, historic, and cultural resources located on the Property, while allowing for creative design and flexibility.

Sec. 8-XXXX.  Control.

The Property owner, HTIMS, LLC (“HTIMS”), shall be the master developer for the PUD.  HTIMS, or any subsequent owner, may transfer or assign the role of master developer to another entity.  Should HTIMS or any subsequent master developer transfer or assign its role as master developer to another entity, then such party shall provide the City of Savannah and the Metropolitan Planning Commission (Planning Commission or MPC staff) with notice of such transfer or assignment, and evidence of such transfer shall be recorded in the land records for Chatham County, Georgia.

The Master Plan refers to Exhibit A “Cohen’s Retreat Master Plan” dated July 30, 2018 and revised February 8, 2019.

Sec 8-XXXX.  General Provisions.

1. Conflicts.  In the case of any conflict between a specific regulation set forth in this Section and any regulation set forth elsewhere in this Chapter or this Code, the regulation in this Section shall apply unless expressly prohibited.
2. References.  All references to Code Sections in this PUD refer to the City of Savannah Zoning Ordinance in existence as of the effective date of this Section.  Amendments to the City of Savannah Zoning Ordinance referenced herein shall not amend this ordinance unless specifically so amended.
3. Measurements.  All measurements shall follow the standards required by this Chapter.
4. This PUD repeals and replaces the conditions that were approved under Z-031029-51725-2 on January 22, 2004; 13-003286-ZA on September 5, 2013; 15-005142-ZA on December 10, 2015; 18-001339-ZA on May 10, 2018; and 18-004741-ZA on November 20, 2018.

Sec. 8-XXXX.  Development Plan / Master Plan; Requests for Modification.

1. Development  Plan / Master Plan.  Because the general development standards for the PUD are contained in the approved development plan / master plan, as shown below, all development shall conform with the general development standards shown on the site development plan / master plan or as specified in this Article.
2. Requests for Modification to the Development Plan / Master Plan.  Modifications requested to the development plan / master plan shall be classified as either a major or minor modification.
   1. Major Modification.  Major modifications to the development plan / master plan shall require approval of the Mayor and Aldermen.  Notification of such modification shall follow the notification procedure in Article M of the Zoning Ordinance.  The Planning Commission shall make a recommendation to the Mayor and Aldermen.  Major modifications shall include any proposed modification that does not qualify as a minor modification.
   2. Minor Modification.  Minor modifications to the development plan / master plan shall require review and approval by the Planning Commission.  In the event that a minor modification is denied by the Planning Commission, the matter may be appealed to the Mayor and Aldermen.

Minor modifications are limited to the following: Any general development standard that is specific to this PUD where the minimum requirement, if any, is met or is proposed to be reduced by  less  than  ten  percent (10%),  or  where  the  maximum  requirement,  if  any,  is proposed to be exceeded by less than ten percent (10%).

Sec. 8-XXXX.  Administration and Enforcement.

Administration and enforcement of this Section by the City of Savannah shall follow the process described in Article G (Administration and Enforcement) of this Zoning Ordinance. 

Sec. 8-XXXX.  Permitted and Prohibited Uses.

1. Permitted Uses and Use Conditions.  The uses that are permitted within the PUD are listed below.  Any use not specifically listed is expressly prohibited unless the City Manager or his/her designee determines that the use is similar to a permitted use.  Permitted uses listed below may include use conditions that were previously placed by the Planning Commission and/or Mayor and Aldermen, and may be amended by the Mayor and Aldermen.
   1. Restaurant (with or without alcohol sales)
      1. Hours of operation shall be limited to 7:00 am until 11:00 pm.
      2. Commercial deliveries shall be limited to 8:00 am to 6:00 pm, Monday through Friday.  Delivery Trucks shall only access the facility through Bacon Park Drive.
   2. Assembly Hall
      1. The Assembly Hall, Artists Studio, and/or Gallery uses shall be limited to a combined maximum occupancy of 200 guests.
      2. Hours of operation shall be limited to 8:00 am until 11:00 pm.
      3. Staff and vendors may be onsite before 8:00 am and remain onsite after 11:00 pm for setup and breakdown of events.
   3. Catering Services
      1. Hours of operation shall be limited to 8:00 am until 11:00 pm.
      2. Commercial deliveries shall be limited to 8:00 am to 6:00 pm, Monday through Friday.  Delivery Trucks shall only access the facility through Bacon Park Drive.
   4. Office
   5. Artist Studio and/or Gallery
      1. The Assembly Hall, Artists Studio, and/or Gallery uses shall be limited to a combined maximum occupancy of 200 guests.
      2. Hours of operation shall be limited to 8:00 am until 11:00 pm.
   6. Cultural Facilities
      1. Illuminated cultural facilities shall be permitted, currently limited to:
         1. Twenty-foot by thirty-foot (20’ x 30’) pavilion housing a portion of the Blarney Castle.
   7. Residential and Lodging
      1. Limited to eight (8) duplexes with a total of sixteen (16) units.  Each unit may contain no more than one (1) bedroom.
      2. One (1) unit shall be utilized as a caretaker’s quarters for an onsite manager.
      3. Up to twelve (12) units may be used for transient guests (short-term rentals).
      4. Up to four (4) units may be used as live-work units and offices.
      5. Up to fifteen (15) units may be used for non-transient guests (long-term rentals).
      6. “The Clubhouse” (Unit 17), formerly a residential duplex structure, may be used by the residents and/or guests for recreational and other purposes.
   8. Ancillary Storage
      1. Two storage units shall be permitted along the western edge of the Property.
   1. Temporary Uses
      1. The following events shall be permitted on a temporary basis and shall not require additional approval from the City of Savannah:
         1. Recreational activities;
         2. Religious services; and
         3. The sale of seasonal plants and produce. 

1. 9. 2. Mobile food service unit (food truck):
         1. Shall follow the regulations set forth in Part 6, Chapter 1, Article HH – Mobile Food Service of the Savannah Code of Ordinances.
      3. The hours of operation, including setup and breakdown, shall be limited to the hours of 7:00 am until 11:00 pm.
   10. Outdoor Events
       1. Outdoor Events, including, but not limited, to craft fairs and artists markets shall be permitted provided that HTIMS, or its designee, obtains temporary use approval from the City of Savannah.

1. 1. 2. No more than eight (8) Outdoor Events per year shall be permitted.
      3. The hours of operation, including setup and breakdown, shall be limited to the hours of 7:00 am until 11:00 pm.

Guests of the uses located on the Property may utilize facilities associated with the assembly hall, artist studio and/or gallery, restaurant, and lodging facilities. 

2. Prohibited Uses and Activities.  The following uses and activities are not permitted:
   1. The sale of firearms and adult-oriented material;
   2. Adult-oriented entertainment;
   3. Package stores. 

Any use or activity not specifically identified as a permitted use in subsection (1) shall be deemed to be a prohibited use, unless the City Manager or his/her designee determines that a proposed use is similar to a permitted use in the PUD.

Sec. 8-XXXX.  General Development Standards.

The following general development standards are specific to the PUD and are in addition to the standards provided in this Chapter:

1. Screening, Buffers, and Setbacks.
   1. Principal structures shall maintain a thirty (30) foot setback from the Skidaway Road, Bacon Park Drive, and Bona Bella Avenue rights-of-way lines and a twenty-five (25) foot setback from all other property lines.
   2. Storage units and accessory structures shall maintain a five (5) foot buffer from the property line.
   3. Refuse storage areas shall be located within a building or shall be fully screened from adjacent properties.
   4. HTIMS shall maintain a vegetative buffer along the western property line.  This buffer may be pruned and trimmed no more than two (2) times per year.  In the event the buffer is removed, HTIMS shall replace the buffer with similar vegetation or a six (6) foot tall wood, opaque privacy fence. 
2. Lighting.
   1. Outdoor lighting fixtures shall be fully shielded so as not to create a direct view of lighting from adjacent properties.
3. Signage.
   1. A freestanding principal use sign shall be permitted and limited to one sign, mounted to the existing iron fence located on-site, with a maximum sign area of seventy-two (72) square feet.  The sign shall be structurally and visually integrated into the existing fence.  MPC staff shall review and approve of a sign plan denoting sign location, design, and materials prior to the issuance of a sign permit.
   2. Directory signage shall be permitted, subject to approval by the MPC staff prior to the issuance of a sign permit.
4. Parking.
   1. Required Number of Off-Street Parking Spaces:
      1. Residential and Lodging: 1 space per unit
      2. Assembly Hall, Artists Studio, and Gallery: 1 space per 4 occupants (Combined maximum occupancy of 200 guests)
      3. Office: 1 space per 200 SF
      4. Restaurant: 1 space per 4 seats
   2. Surface Parking Materials:
      1. No new paved parking spaces shall be required unless HTIMS increases the square footage of any building located onsite or constructs new structures.
      2. The existing 23 paved parking spaces that were approved under Site Development Permit #13-10522 and Plan #13-006358 shall be sufficient for the existing square footage of the buildings located onsite.
      3. The remaining 174 parking spaces identified on the Master Plan shall be deemed overflow for the existing square footage of the buildings located onsite, which may utilize the field area and grass as the surface materials.
   3. Any new principal structure or structural addition to a principal structure must comply with the parking requirements found in Article D of the Zoning Ordinance.
5. The PUD shall not be a part of a historic district as defined in the Georgia Constitution, Article XI, or be bound by any developmental or design standards with respect to a historic district.
6. Where there are two standards for the same general development standard, the standards in this Section shall apply.
7. A Certificate of Occupancy and/or Certificate of Completion shall be required for existing uses and/or structures, and prior to any use changes affecting any and all buildings and accessory structures.
8. The construction of new structures shall require a building permit and the issuance of a Certificate of Completion and new habitable structures shall not be permitted without the approval of MPC staff or the Planning Commission.

SECTION 2: That the requirement of Section 8-3182(f) of said Code and the law in such cases made and provided has been satisfied.  That an opportunity for a public hearing was afforded anyone having an interest or property right which may have been affected by this zoning amendment, said notice being published in the Savannah Morning News on the 16^th day of January, 2019, a copy of said notice being attached hereto and made a part hereof.

            SECTION 3:  Upon the effective date of the ordinance all ordinances or parts of ordinances in conflict herewith are hereby repealed.

ADOPTED AND APPROVED: FEBRUARY 14, 2019

Ordinance read for the first time in Council February 14, 2019, then by unanimous consent of Council read a second time, placed upon its passage, adopted and approved upon a motion by Alderman Hall, seconded by Alderwoman Shabazz, and unanimously carried.

AN ORDINANCE

To Be Entitled

AN ORDINANCE TO REZONE CERTAIN PROPERTY FROM ITS PRESENT PUD-IS (PLANNED UNIT DEVELOPMENT-INSTITUTIONAL) ZONING DISTRICT TO THE COHEN’S RETREAT PUD (COHEN’S RETREAT PLANNED UNIT DEVELOPMENT) ZONING DISTRICT; TO REPEAL ALL OTHER ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES.

BE IT ORDAINED by the Mayor and Aldermen of the City of Savannah, Georgia, in a regular meeting of Council assembled and pursuant to lawful authority thereof:

SECTION 1:  The following described property, 5715 Skidaway Road, be rezoned from its present PUD-IS Zoning District to the Cohen’s Retreat PUD Zoning District:

Beginning at a point [X: 993700.051495 & Y: 734238.175271] located at the approximate intersection of the centerlines of Bacon Park Drive & Skidaway Road, said point being, THE POINT OF BEGINNING

Thence proceeding in a SW direction along the approximate centerline of Skidaway Road for an estimated distance of 614.146 ft. to a point, said point being located along the approximate intersection of the centerlines of Skidaway Road & Bona Bella Avenue,

Thence proceeding in a NW direction along the approximate centerline of Bona Bella Avenue for an estimated distance of 414.121 ft. to a point,

Thence proceeding in a NE direction [N 21-14-43 E] along a line for approximately 710.679 ft. to a point, said point being located on the approximate centerline of Bacon Park Drive,

Thence proceeding in a SE direction along the approximate centerline of Bacon Park Drive for an estimated distance of 392.895 ft. to a point [X: 993700.051495 & Y: 734238.175271], said point being, THE POINT OF BEGINNING

The property is further identified by the Property Identification Number(s) (PIN(s)) as follows:

PIN(s): 2-0141-05-005

SECTION 2:  That the requirements of Section 8-3182(f)(2) of said Code and the law in such cases made and provided has been satisfied.  An opportunity for a public hearing was afforded anyone having an interest or property right which may have been affected by this zoning amendment, said notice being published in the Savannah Morning News, on the 16^th day of January, 2019, a copy of said notice being attached hereto and made a part hereof.

SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.

EFFECTIVE DATE:  This ordinance shall be effective as of the date hereof.

ADOPTED AND APPROVED: FEBRUARY 14, 2019

Resolution to Designate March 15 and 16, 2019 as the Festival Days for St. Patrick’s Day 2019 and Enact the Festival Ordinance of 2013

A resolution to designate March 15^th and 16^th as the festival days for the St. Patrick’s Day Festival 2019; and to designate the area bounded by East Broad Street on the east, the Savannah River on the north, Martin Luther King, Jr. Boulevard on the west, and Broughton Lane from Martin Luther King Boulevard to the east side of Drayton Street to Bay Lane to East Broad Street as the Festival Control Zone.

WHEARAS, the Festival Ordinance of 2013, Section 6-2423, provides that on the recommendation of the City Manager, the Mayor, and Aldermen may designate and name certain community festival days, including the “St. Patrick’s Day Festival, “ and during such festival days authorize cultural and entertainment events and initiate the regulatory provision of the ordinance within the festival area.

WHEREAS, the Festival Ordinance of 2013, Section 6-2425, provides that upon recommendation of the City Manager, the Mayor, and Aldermen may designate one or more Control Zones within the Festival Area, and may authorize the City Manager to implement regulations and controls which will be specific for each designated Control Zone and the Mayor and Aldermen may designate and authorize a non-profit tax-exempt organization or similar entity to organize and manage festival activities within the Control Zone.

AND WHEREAS, the City Manager has recommended designation of the St. Patrick’s Day Festival 2019 and designation of a Festival Control Zone.

NOW, THEREFORE, BE IT RESOLVED that March 15^th through 16^th are designated as the festival days for the St. Patrick’s Day Festival 2019 and that the Savannah Waterfront Association is designated and authorized to organize and manage festival activities within the Control Zone.

AND BE IT FURTHER RESOLVED that the Control Zone area bounded by East Broad Street on the east, the Savannah River on the north, Martin Luther King, Jr. Boulevard on the west, and Broughton Lane from Martin Luther King Boulevard to the east side of Drayton Street to Bay Lane to East Broad Street as the Festival Control Zone, and that the City Manager is authorized to implement regulations and controls for the Festival Controlled Zone during the hours of  March 15^th ,10:00 a.m. – 12:00 a.m. and March 17^th, 10:00 a.m. – 12:00 a.m. and that the fee for patrons wishing to consume alcohol within the Control Zone is $10 as authorized by Section 6-2425.  Live outdoor entertainment in the Control Zone will end at the close of the festival hours on March 15^th and 16^th.

Approved upon motion of Alderwoman Bell, seconded by Alderman Foster, and unanimously carried.

Alderwoman Shabazz: This item is for a motion to approve a resolution adopting the 2019 Disadvantaged Business Enterprise annual goal. With this item it's based on the wonderful work that's being done by the office that Mr. Manny Dominguez is over and I see that he has come to the podium now. Mr. Mayor, if you don't mind.

Manny Dominguez, Office of Business Opportunity Director: The item you have before you today is to adopt our annual DBE goal for our Savannah Business Opportunity Program. As you may remember around this time last year, you adopted a goal of 18%. Essentially what that does is it sets a bar for us to meet on an annual basis as far as participation for disadvantaged businesses, minority women owned businesses, and other disadvantaged groups. Our recommendation for this year based on best practices from DOT at the State and Federal level is to adopt a goal of 20% DBE participation through the end of 2019. Also a 10% local DBE goal that would ensure that our local companies are able to participate.

Alderwoman Shabazz: Before I make that motion Mr. City Manager, can you please for even more clarity on the work that we've done so far in the first year for this pilot, can we get a breakdown on the projects with the race and gender and company and projects amount of money to see what was done in 2018 so that everyone can see what has taken place.

City Manager Hernandez: Sure, I'll make sure that Mr. Bell provides you that information within the next week or so. 

Approved upon motion of Alderwoman Shabazz, seconded by Alderman Hall, and unanimously carried. 

RESOLUTION ADOPTING THE 2019 DISADVANTAGED BUSINESS ENTERPRISE (DBE) GOAL

WHEREAS, on September 28, 2017, the City Council approved the Disadvantaged Business Enterprise (DBE) portion of the Savannah Business Opportunity (SBO) program, a two-year pilot program aimed at increasing opportunities for local small and disadvantaged businesses; and

WHEREAS, this initiative establishes a cumulative annual participation goal to increase subcontracting opportunities for DBEs certified at the state and federal level; and

WHEREAS, the City considered Department of Transportation (DOT) goal-setting guidelines in setting an annual target.

NOW, THEREFORE, BE IT RESOLVED, that the Savannah City Council establishes a twenty percent (20%) cumulative annual DBE participation goal for the total dollar value of all eligible City of Savannah contracts awarded January 1 through December 31, 2019. Be it further resolved that City Council establishes a ten percent (10%) Local DBE goal for the same period.

ADOPTED and APPROVED: FEBRUARY 14, 2019

Approved upon motion of Alderwoman Bell, seconded by Alderman Foster, and unanimously carried. 

Alderman Johnson: Mr. City Manager can you just explain the change in the scope of services.

City Manager Hernandez: Sure, Alderman Johnson, members of City Council, this particular item before you is essentially a contract amendment with Perkins + Will to essentially provide additional compensation because we changed the terms of the RFP. As we were negotiating the contract with Perkins + Will and in discussions with our insurance brokers and our attorneys, we felt that we wanted to require an additional level of insurance coverage from all subs that are working on this project, subs to Perkins + Will. So, as a result we wanted it to have all subcontractors have a minimum of $4 million of professional liability coverage and so as we went through that process they consented to that but there's a cost associated with it.

Alderman Johnson: If in terms of local small minority woman owned businesses would this change in scope of services create a situation where some of the subs that previously participated cannot now?

City Manager Hernandez: Well one of the reasons why we're doing this amendment is so that those subs that were previously identified, those that were having difficulty getting to that level can now get to that level.

Approved upon motion of Alderman Johnson, seconded by Alderwoman Shabazz, and unanimously carried.

Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Alderman Johnson: This is just another reminder that although this is a motion to renew an annual agreement with ShotSpotter we found this ShotSpotter service to be beneficial as it allows police officers to triangulate where shots are heard and it gives them the opportunity to respond quicker. From all accounts this has been a very beneficial service. It is still not in all areas of town and certainly some of the areas where we hear the most gunshots. The technology is not there and so I'm just throwing that out there to remind you that obviously as good as the service is we have to find substantive ways to expand the services to all areas of town, particularly in those areas in which we know are chronic places where gunshots are regularly heard.

Approved upon motion of Alderman Johnson, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderwoman Bell, seconded by Alderman Durrence, and unanimously carried per the City Manager’s recommendation.

Alderman Johnson: Mr. City Manager, when we look at additional cellular locations I noticed that some of the concerns about ShotSpotter and things are about technology not being in some of those areas and I don't know whether there is some synergy between cellular and fiber optic networks, but that might be an opportunity for us to engage some partners in helping us to expand technologies in some of those areas.

City Manager Hernandez: So, the industry is certainly headed in that direction. I just want to make a point on this particular issue because this is something that we are tracking as part of our legislative agenda. It’s not necessarily directly related to these 10 that you are approving, but currently your process requires that these changes come back to you for approval. As you know, the federal government has issued a new ruling through the Federal Communications Commission that essentially limits local government's ability to regulate these types of devices. I'm just bringing it to your attention that we will have to most likely eliminate the requirement that these approvals come back to City Council in order for us to meet the 60 day shot clock that the FCC and 90 days in other cases has imposed on local government. So, we're going to be submitting to you probably after legislative session once we know what's happening in Atlanta some significant revisions to our process.

Approved upon motion of Alderman Durrence, seconded by Alderwoman Bell, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderman Hall, seconded by Alderwoman Shabazz, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderwoman Shabazz, seconded by Alderman Hall, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderman Durrence, seconded by Alderman Miller, and unanimously carried per the City Manager’s recommendation.

Approved upon motion of Alderman Miller, seconded by Alderman Foster, and unanimously carried per the City Manager’s recommendation.

Announcements

Mayor Pro-Tem Carol Bell invited the public to the State of the City on Tuesday, February 19^th at 6:30 p.m. at the Coastal Georgia Center.

Alderman Thomas discussed the recent accident regarding a horse drawn carriage and the need for the City to look at whether we want to continue to have carriages on our streets. He called for future discussion on the matter. Mayor DeLoach said Council could have a workshop session on it. Alderwoman Bell mentioned this was recently discussed at the Victorian Neighborhood Association and that a member of the TAC suggested it be discussed at TAC before it came before Council. Alderman Thomas suggested there be public discussion as well.  Alderwoman Bell suggested a community workshop. Alderman Johnson suggested we seek input from our City staff that utilize horses as well. Alderman Durrence mentioned that he had received a call from someone who used to work for a carriage company who said there are measures operators can take to stop a horse very quickly and suggested the City look at updates to the ordinance. The City Manager said staff will work on scheduling a community workshop.

Mayor DeLoach wished everyone a Happy Valentine’s Day. Alderwoman Shabazz shared that sentiment and that she wished we all show love and caring throughout the year.

There being no further business, Mayor DeLoach declared this meeting of Council adjourned.

The video recording of the Council meeting can be found by copying and pasting the below link in your url:

https://savannahgovtv.viebit.com/player.php?hash=ipWGnSzvh1ZM