[1. Call to Order]
[00:00:10]
PEOPLE JUST AS WELL. THANK YOU SO AND ALSO A MOTION TO AMEND THE AGENDA AND MOVE PUBLIC COMMENT TO C33BI GUESS SO RIGHT UNDER THREE YOU YEAH SO MOVED ALL IN FAVOR AND WITH THAT IF THERE'S ANYONE WHO IS HERE WHO WOULD LIKE TO SPEAK ON ANY NON AGENDA ITEMS NOW IS YOUR OPPORTUNITY I REALIZE YOUR TIME IS VALUABLE AND SOME WOULD LIKE TO HEAR FROM YOU AND THEREFORE YOU WOULD BE ABLE TO MOVE ON WITH THE REST OF YOUR DAY.
MR. WAS THERE ANY PARDON ME? MR. WILLIAMS THE ONLY ONE THAT SIGNED UP FOR NON AGENDA ITEMS ? ALL RIGHT. MOVING ON WE HAVE AN APPROVAL OF THE MINUTES FROM THE SPECIAL OH OKAY. CAN WE PROBABLY HAVE DONE THAT?
[3. Adoption of the Agenda]
THANK YOU. I'M READY TO MOVE ON. WE HAVE A MOTION TO ADOPT THE[4. Approval of the Minutes]
AGENDA THEN MOVE SECOND ALL IN FAVOR RAISE YOUR HAND. THANK YOU.AND APPROVAL OF THE MINUTES THE SPECIAL MEETING MAY 12TH A SPECIAL MEETING MINUTES OF MAY 13TH AND THE REGULAR MEETING MINUTES MAY 19TH IN THE SPECIAL MEETING MINUTES OF MAY EIGHT IS THERE A MOTION A MOVE ON HEARING OH AND MOVE WITH TO 12 1328 AND OH I'M TO SECOND THE THE MOTION I RECOGNIZE THAT ONE OF OUR COMMITTEE MEMBERS COUNCILMAN ASHFORD MISSED ONE OF THOSE MEETINGS FOR A FAMILY TRIP AND IF WE CAN ALL IN FAVOR OF APPROVING MINUTES AS THE MOTION STATES ABSTAIN ON 19 FINANCING THERE WE GO NUMBER FIVE IS OUR NEW BUSINESS AND
[5.a. Consideration of an Ordinance of the Town of Hilton Head Island to Amend Chapter 16 of the Municipal Code, the Land Management Ordinance, to amend the current regulations for Tree Protection to include sections: 16-5-115, 16-6-104 and Appendix C for the Town of Hilton Head Island, South Carolina and Providing for Severability and an Effective Date - Missy Luick, Director of Planning]
IT'S A CONSIDERATION OF AN ORDINANCE OF THE TOWN OF HILTON HEAD ISLAND TO AMEND CHAPTER OF THE MUNICIPAL CODE THE LAND MANAGEMENT ORDINANCE TO AMEND THE CURRENT REGULATIONS OF TREE PROTECTION TO INCLUDE SECTION 16 521 1516 6104 AND APPENDIX C OF THE TOWN OF HILTON ISLAND, SOUTH CAROLINA AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE AND THANK YOU MR. LUECK, OUR DIRECTOR PLANNING. WELCOME.THANK YOU. OKAY. SO THE FIRST AMENDMENT BEFORE YOU TODAY IS THE TREE AMENDMENT THAT IS PART OF OUR PRIORITY AMENDMENTS PROCESS IN ALAMO AMENDMENTS PLAN THE AMENDMENTS AS YOU ARE WELL AWARE ARE PART OF OUR STRATEGIC ACTION PLAN AND ARE PART OF THE NUMBER ONE PRIORITY IN THE STRATEGIC PLAN THE GROWTH MANAGEMENT AS YOU ALSO ARE AWARE THAT PRIORITY AMENDMENTS ARE TO ADDRESS PRESSING ITEMS THAT CANNOT WAIT FOR THE FULL CODE OVERHAUL WE WENT COUNCIL IN SEPTEMBER AND PREVIEWED ALL OF THE PRIORITY AMENDMENTS AND THE POLICY DIRECTION WAS GIVEN AT THAT WORKSHOP IS IS LISTED HERE ON THE MEMO AS IT RELATES TO THE TREE PROTECTION WHAT WAS DISCUSSED AND WHAT IS PUT TOGETHER THIS PARTICULAR AMENDMENT IS TO INCREASE PROTECTIONS FOR LIVE OAKS AND LAUREL OAKS BY REDUCING THAT DIAMETER AT REST HEIGHT IN WHICH THEY ARE PROTECTED ALSO TO UPDATE MITIGATION REQUIREMENTS BY INCREASING THE PLANT BACK TREE SIZE.
WHEN WE HAVE MITIGATION REQUIREMENTS IT MEANS THAT LARGER TREES ARE BEING PLANTED BACK TO UPDATE OUR LIST OF NATIVE PLANTS AND THEN ALSO TO REMOVE THE EXCEPTION OF SPECIMEN TREES ON SINGLE FAMILY LOTS WHICH WOULD REDUCE THE UNNECESSARY REMOVAL OF SPECIMEN TREES. THE PLANNING COMMISSION HELD A PUBLIC HEARING IN MAY AND UNANIMOUSLY RECOMMENDED THIS TO COUNCIL OR APPROVAL SO LARGELY THE AMENDMENT DOES PROVIDE ALL OF THE DIRECTION THAT WAS ■SET BY COUNCIL AND A LITTLE BIT OF THE PURPOSE AGAIN IS TO STRENGTHEN OUR TREE PROTECTION REQUIREMENTS AS A TOWN TO MAKE SURE THAT OUR TREE PROTECTION IS IN LINE WITH OUR ENVIRONMENTAL VALUES AND THAT WE'RE PROMOTING TREE PRESERVATION AND SUSTAINABLE DEVELOPMENT. THE MEMO BOTH INCLUDES IN TEXT
[00:05:10]
AND IN A TABLE SUMMARY OF THE PROPOSED AMENDMENT FIRST GO THROUGH HOW IT'S DESCRIBED IN WORDS AND THEN WE'LL ALSO GO THROUGH THE SAME INFORMATION IN THE TABLE.SO THE FIRST UPDATE THAT IS PART OF THIS AMENDMENT SET IS TO PRESERVE LIVE OAK AND LAUREL OAK TREES BOTH THE SPECIMEN AND THE SIGNIFICANT SPECIFICATIONS ARE HAVE CHANGES THAT ARE PROPOSED IN THIS AMENDMENT AND FOR THE SPECIMEN LIVE OAK IN LAUREL OAKS THE DIAMETER AT PRESS HEIGHT FOR PRESERVATION IS REDUCED SO YOU'RE INCREASING PROTECTION BY REDUCING THE SIZE AT WHICH THEY'RE CONSIDERED TO BE PROTECTED AND THAT REDUCTION IS FIVE INCHES FOR THE SPECIMEN SIZE LIVE OAKS AND LAUREL OAKS AND THEN THE SIGNIFICANT LIVE OAKS IN LAUREL OAKS SIZE AT WHICH THEY'RE PROTECTED IS REDUCED TO FOUR INCHES FOR SINGLE TRUNK LIVE OAKS IN LAUREL OAKS AND SEVEN INCHES FOR MULTI TRUNKS AND THEN AGAIN THE SECOND ITEM THAT IS IN THIS AMENDMENT SAID IS UPDATING PLANT BACK OR MITIGATION REQUIREMENTS FOR REPLACEMENT.
AND THERE ARE FOUR DIFFERENT CATEGORIES OF MITIGATION AND BOTH THE MINIMUM INSTALLATION HEIGHT IS INCREASED BY TWO FEET AND THEN IN ALL OF THE CATEGORIES MINIMUM DIAMETER OF THAT TREE THAT SIZE OF TREE IS INCREASED IT'S INCREASED BY TWO INCHES FOR CATEGORIES ONE AND TWO AND IT'S INCREASED BY ONE INCH FOR CATEGORIES THREE AND FOUR IN THIS AMENDMENT SET INCLUDES A LENGTHY LIST OF APPROVED NATIVE PLANT SPECIES AND THOSE ARE INCLUDED IN AMENDMENT SET. AND THEN FINALLY THERE IS A CHANGE TO ELIMINATE THAT EXEMPTION OF SINGLE FAMILY IN OUR TREE PROTECTION. THIS TABLE GOES THROUGH EXACTLY WHAT I JUST SAID BUT THEN YOU CAN SEE THE NUMBERS AND THE CHANGES WITH THE STRIKEOUT.
UNDERLINE SO AGAIN YOU CAN SEE THE SPECIMEN CLASSIFICATION AND SIGNIFICANT CLASSIFICATION HERE YOU CAN SEE THE CURRENT REGULATIONS LIVE OAKS IN LAUREL OAKS FOR THE SPECIMEN CLASSIFICATION HERE GOING 35 TO 30 6 TO 55 FOR THE MULTILATERAL AND AGAIN FOR THE SIGNIFICANT SIZE YOU'RE GOING FROM 28 TO 24 AND 48 TO 41 AND FOR LAUREL YOU'RE SEEING THAT THAT THAT SIZE CHANGES HERE AND THEN HERE YOU CAN SEE WHERE THE MITIGATION TREES IN THOSE CLASSIFICATIONS ARE CHANGED BOTH WITH THE MINIMUM HEIGHT INCREASING TWO FEET AND THEN THE MINIMUM DIAMETER OF TRUNK SIZE CHANGING FROM 2 TO 4 AND 1 TO 2.
THIS IS WHERE YOU CAN SEE THAT STRIKEOUT OF WHERE THE SINGLE FAMILY IS BEING STRUCK IN THE CODE SO THAT SINGLE FAMILY EXEMPTION IS NO LONGER INCLUDED IN IN THE TREE CODE .
THIS AMENDMENT WILL NOT CREATE ANY NON-CONFORMITY IN OUR CODE AND ALSO THE TEXT AMENDMENT REQUIREMENTS REFLECT THAT THERE ARE SOME STANDARDS THAT HAVE TO BE REVIEWED WHEN CONSIDERING A TEXT AMENDMENT TO THE LAND MANAGEMENT ORDINANCE AND AND THOSE CRITERIA ARE LISTED HERE. STAFF HAS REVIEWED THOSE TEXT AMENDMENT CRITERIA AND RECOMMEND THAT IT DOES ALIGN WITH THE TEXT AMENDMENT CRITERIA AS IT SUPPORTS THE COMPREHENSIVE PLANS GOALS REGARDING NATURAL RESOURCE PRESERVATION AND TREE PROTECTION IT'S REQUIRED DUE TO CONTINUING CONCERNS WITH TREE AND THE LOSS OF SPECIMEN AND SIGNIFICANT TREES. IT ADDRESSES A DEMONSTRATED AND COMMUNITY NEED TO STRENGTHEN TREE PRESERVATION AND PROMOTE OUR ECOLOGIC HEALTH AND MAINTAIN THE ESTHETIC AND ENVIRONMENTAL CHARACTER OF THE AREA. IT'S CONSISTENT WITH THE INTENT OF THE ORDINANCE AND THE TOWN'S EFFORTS TO PRESERVE TREE AND HABITAT AND RESULTS IN A MORE ATTRACTIVE AND SUSTAINABLE DEVELOPMENT ENSURING LOGICAL AND ORDERLY DEVELOPMENT PATTERN AND MINIMIZES IMPACT OF DEVELOPMENT ON THE NATURAL ENVIRONMENT BY PROTECTING TREES AND STRENGTHENING MITIGATION AND FOR THE REMOVAL OF TREES. AND WITH THAT ARE THERE ANY QUESTIONS ABOUT THE TREE AMENDMENT ONE WHAT'S THE LIFE EXPECTANCY DIFFERENT? IT'S AN ORAL AND I'LL ADD A A A LONG TERM LIFE EXPECTANCY OF A LAUREL BACILLI.
I DO NOT KNOW THE ANSWER TO THAT. IF ANYONE IN THE ROOM KNOWS IT WOULD BE SOMETHING THAT OUR NATURAL RESOURCE PLANNER HAS A GOOD INDICATION LAUREL OAKS ARE SHORT LIVED. I WE'RE ALLOWING THEM TO PUT BACK LOGS AND REPLACEMENT YES SO FOR MITIGATION YES WE HAVE A WHOLE LIST OF MITIGATION TREES BOTH TREES AND SHRUBS THAT ARE PART OF BOTH THE OVERSTORY AND UNDERSTORY. YEAH.
[00:10:02]
YES. I THINK WE GOT AN ANSWER COMING COMING THIS MORNING.GOOD MORNING MADAM CHAIR MEMBERS OF THE COMMITTEE SHARMA AND HER ASSISTANT TOWN MANAGER.
SO I DIDN'T KNOW ANSWER BUT I GOOGLED THE ANSWER I GUESS TO YOUR POINT COUNCILMAN LIVE OAKS LIVE FOR 400 OR 500 YEARS OF THEIR SPECIMEN LAURELS TYPICALLY WERE 50 TO 70 YEARS AGO AND THAT'S IT'S JUST BASED ON A GOOGLE SEARCH YEAR, A PROFESSIONAL AND YOU'RE NOT FROM INSIDE OUT. SO WHY WHY WHY ARE WE PUTTING THOSE BACK WHY WE'RE NOT JUST REPLANTING REVIVALS. SO PART OF IT IS IS WE DON'T WANT TO PLANT THE SAME SPECIES.
YOU WANT TO HAVE SOME DIVERSITY IN THE SPECIES MINUS RED OAKS VI BOOKS AND WE ALLOW THERE'S A THERE'S A VARIETY OF TREES THAT ARE ALLOWED TO BE PLANTED BACK AS AS I UNDERSTAND IT'S NOT JUST ORAL OR LIVE OAKS BUT THERE'S THERE'S A WHOLE LIST OF NATIVE SPECIES THAT WE'VE IDENTIFIED THAT CAN BE COUNTED AS PLANT BACK. SO WE HAVE PREFERENCES FOR FOR LIVE OAKS BUT DOES IT WOULD THE APPLICANT HAVE TO PUT BACK A LAUREL OAK OR COULD THEY CHOOSE TO PUT SOMETHING BACK THAT WOULD LAST LONGER? SO IS IT IS IT MANDATORY OR BY CHOICE? NO, THE THERE'S THERE'S A CERTAIN THRESHOLD UNDERSTORY AND OVERSTORY IN THE REQUIREMENTS AND I DON'T HAVE THE FULL TREE CODE THIS AMENDMENT AND AND WE'LL JUST HAVE TO PULL THAT UP TO GO THROUGH THE THE REQUIREMENTS FOR TREE PLANTING BUT MITIGATION THERE THOSE FOUR CATEGORIES OF TREES BUT THEN THERE ALSO ARE TREE REQUIREMENTS OR BUFFER REGULATIONS AND THOSE ARE BOTH UNDERSTORY AND TREES AND SHRUBS AND AND AND SOME OF THOSE SECTIONS AREN'T IN FRONT OF ME ON THE PAGE RIGHT NOW BUT COULD I COULD GET THAT FOR YOU IF I JUST HAVE A MINUTE TO LOOK SOME OF UP I GUESS MY QUESTION WOULD BE YOU KNOW IF I DID IT MY PROPERTY I'D RATHER PUT A LIVE OAK IN I WOULDN'T WANT YOU SAY NO YOU HAVE TO PUT A LOG AND IT'S GOING TO DIE IN 30 YEARS ASK YOU A QUESTION. SURE. AND IF YOU CONSIDER A LIVE OAK AN UPGRADE, I DON'T KNOW. WELL, THERE ARE ON THE PROTECTED TREE LIST THE SPECIMEN INSIGNIFICANT TREE ORNAMENTS. SO HERE YOU CAN SEE AGAIN THE CHANGES WERE ONLY FOR THE OAKS AND LAUREL OAKS BUT HERE ARE THE SPECIMEN INSIGNIFICANT TREES ARE LISTED IN THE EXISTING CODE WE'RE ONLY FOCUSING ON BETTER PROTECTION OR STRONGER PROTECTION OF THE LIVE OAKS AND OAKS. BUT HERE ARE THE TWO CLASSIFICATION SYSTEMS AND THE TREE TYPES THAT ARE PROTECTED WHEN THEY'RE OF THESE SIZES THAT ARE CONSIDERED SPECIMEN INSIGNIFICANT AND AND THEN THE TWO HAVE OTHERS OH YOU'RE GOING TO PULL UP FOR YOU KNOW I DON'T SEE WHERE I'M JUST LOOKING FOR THE BEST POSSIBLE OUTCOME SO IF YOU REMOVE A LIVE OAK OR REMOVE A LAUREL OVER ANY TREE THAT'S A SPECIMEN TREE BY OUR ORDINANCE DON'T THERE IS NOT A REQUIREMENT TO REPLACE IT WITH THAT SAME SPECIMEN BACK THERE IS THE EQUIVALENT EQUIVALENCY THERE'S A TABLE THERE IS A THERE'S TABLES WITHIN THE CODE SAY HERE IS AN EQUIVALENT TO AND THAT'S FAIR AND THAT'S WHAT I WAS ASKING REALLY YOU KNOW WHY WOULD I WANT I WAS GOING TO PUT ON YOUR DEVELOPMENT AND THAT YOU TO PLANT A SPECIFIC PLANT WHICH IS A RANGE OF PLANTS TO CHOOSE FROM.
IT'S CORRECT RIGHT. SO AND THEN THERE'S VARIOUS CATEGORIES OF THOSE MITIGATION TREE TYPES AND YOU HAVE TO IF IF A TYPE ONE A CATEGORY ONE WAS REMOVED CATEGORY ONE WOULD HAVE TO GO BACK. BUT THERE'S A LIST OF TYPES WITHIN THAT CATEGORY AND I CAN I CAN MAKE SURE WHEN THIS GOES TO COUNCIL WE REVIEW THAT WITH OUR NATURAL RESOURCE PLANNER AND HAVE A MORE THOROUGH RESPONSE AT THAT TIME YOU THANK YOU.
I DO HAVE A QUESTION YOU'VE MADE SOME CHANGES WITH REGARD TO SINGLE FAMILY RESIDENCES AND I DO UNDERSTAND THAT THAT BETTER SINCE ONE OF THE FAVORITES BOARDS THAT I'VE NOTICED ON THE ISLAND IS PEOPLE TRIMMING BACK TREES OR REMOVING THEM AND TILING JUST TO GET A BETTER VIEW. HOW DOES THIS CHANGE AFFECT THAT ACTION BEHIND THE GATES
[00:15:05]
AND NOT BEHIND THE GATES? SURE. ACTUALLY THIS PROVIDES PROTECTION TREES ON SINGLE FAMILY ISLAND WIDE. CURRENTLY THERE ARE MORE PROTECTIONS IN OUR PLAN DEVELOPMENT AREAS BECAUSE THEY HAVE PRIVATE REGULATIONS THAT HAVE BEEN REQUIRING TREE PROTECTION FOR FOR MANY YEARS AND THE SINGLE FAMILY EXEMPTION IS APPLIED MOSTLY OUTSIDE THE GATES WHERE THEN THOSE TREES ARE NOT PROTECTED ONCE IT'S A SINGLE FAMILY LAW WITHIN OUR CURRENT CODE THERE ARE ALLOWANCES WITHIN THE CODE FOR VIEWS THERE ARE ALLOWANCES IN THE CODE FOR PRUNING, THERE ARE ALLOWANCES IN THE CODE TO REMOVE A HAZARDOUS TREE. ALL OF THOSE REQUIREMENT REMAIN .THE ONLY CHANGE IS THAT THAT EXEMPTION OF SINGLE FAMILY THEN IS IS UNIFIED NOW THE ISLAND THERE'S THERE STILL IS A PROVISION IN THE CODE THAT IF THERE WAS A HARDSHIP THAT AN APPLICANT GO TO THE BOARD OF ZONING APPEALS TO REMOVE A SPECIMEN OR SIGNIFICANT TREE AND THERE'S NO CHANGE TO THAT REQUIREMENT THAT STILL IS THE RELIEF WELL THANK YOU SO IS TRIMMING PRUNING OF A TREE IN ORDER TO PLACE HOUSE ON A LOT IS THAT ACCEPTABLE AND DOES THAT CHANGE WITH WITH THIS NEW CODE THERE THERE ARE NO CHANGES TO HOW TRIMMING AND PRUNING ARE REGULATED IN THE PROPOSED AMENDMENT. THERE ARE CURRENT REGULATIONS THAT ALLOW FOR CERTAIN AMOUNT OF DEVELOPMENT WITHIN THE DRIP LINE.
THERE ARE NO CHANGES TO ANY OF THOSE REGULATIONS SO THOSE ARE STAYING THE SAME WITH THIS PRIORITY AMENDMENT AND WHEN WHEN IN THE DEVELOPMENT WHETHER IT'S PART OF A DEVELOPMENT PLAN REVIEW OR AN INDIVIDUAL BUILDING PERMIT OUR NATURAL RESOURCES PLANNER DOES LOOK ALL OF THOSE PLANS AND MAKE SURE THAT IT MEETS ALL OF THE TREE REGULATIONS THAT WE DO HAVE.
AND SO EVEN THOUGH PREVIOUSLY YOU DIDN'T NEED A PERMIT ON A SINGLE FAMILY LOT TO BUILD DURING THE REVIEW PROCESS FOR THAT PERMIT TREE'S A TREE AND HOBO IS STILL SUBMITTED.
TREES ARE STILL EVALUATED. WHAT CHANGES THAT NOW THAT WE NO LONGER NOW THAT WE NO LONGER EXEMPT SINGLE SPECIMEN TREES FROM A SINGLE FAMILY LOT? I'M JUST CONFUSED A LITTLE BIT ON THAT ONE. OKAY SO IF THERE WAS SAY A SUBDIVISION OR THERE WAS A DEVELOPMENT PLAN TURNED IN FOR A COMMERCIAL NEW DEVELOPMENT OR REDEVELOPMENT IN THAT PROCESS IF THERE WERE TREES THAT ARE IMPACTED THEY'RE REVIEWED AS PART OF THAT DEVELOPMENT PLAN REVIEW AND THAT'S NOTED IN THE SIGN TREE TREE REGULATIONS THAT THAT THAT'S HOW THOSE ARE HANDLED AND NOT WITH A SEPARATE NATURAL RESOURCES PERMIT ANY ANY TREES THAT WOULD BE IMPACTED BECAUSE YOU'RE REVIEWING THEM HOLISTICALLY WITH THAT DEVELOPMENT PLAN SO THERE'S NO CHANGE IN IN THAT COMPONENT OF OUR REVIEW PROCESS .
WHAT WOULD CHANGE THEN IS THAT WE WOULD WE RECEIVE AN APPLICATION THEN NOW ON SINGLE FAMILY LOTS FOR TREE REMOVALS AND THEN YOU KNOW IF THERE WAS A SPECIMEN ARE SIGNIFICANT TREE THAT WAS CONSIDERED TO BE HAZARDOUS WE WOULD REQUIRE THAT LEVEL INFORMATION IN OUR REPORT TO BE SUBMITTED AND THEN ISSUE A NATURAL RESOURCE PERMIT IF IT MET THE CRITERIA FOR ITS REMOVAL AND SINGLE FAMILY. LET'S OKAY OKAY. THANK YOU.
SO DO WE HAVE A MOTION FOR THIS RECOMMENDATION AND WHAT IS YOUR MOTION TO RECOMMEND TO COUNSEL THE ADOPTION THE CHANGES WITH RESPECT TREES THAT HAS BEEN PROVIDED US OKAY MR. SECOND ALL IN FAVOR LOOK UP YOU'RE RIGHT PUBLIC COMMENT BASED MOSBACHER YES EVEN THOUGH I SAW EVEN THOUGH I SAW THREE HANDS GO UP ALREADY I'M GOING I'LL BE OUT MY HAND UNTIL I'VE HEARD PUBLIC COMMENT. IT'S MY MISTAKE. I APOLOGIZE.
YES. I DIDN'T HEAR THAT MOTION. OH, I'M SORRY I COULDN'T HEAR YOU. COULD YOU REPEAT MOTION FOR THE FUNCTION? I'M SORRY THE MOTION IS TO FORWARD TO COUNSEL WITH A RECOMMENDATION FOR APPROVAL TO
[00:20:03]
AMEND THE CURRENT REGULATIONS FOR TREE PROTECTION FOR THE SECTIONS REFERENCED AND THANK YOU PUBLIC COMMENT CHAIRMAN CHESTER WILLIAMS YEAH, I DON'T HAVE MUCH OF AN ARGUMENT WITH MOST OF THE PROPOSED AMENDMENTS . I MEAN THAT'S THEIR JUDGMENT CALLS, YOU KNOW, FOUR FEET HIGH AS OPPOSED TO TWO FEET HIGH, YOU KNOW SIX INCHES AS OPPOSED TO FOUR INCHES. WHAT I DO HAVE A PROBLEM WITH THOUGH IS REMOVING THE EXEMPTION ON FOR SPECIMEN TREES ON SINGLE FAMILY LOTS BECAUSE THIS IS GOING TO FALL ALMOST EXCLUSIVELY THE NATIVE ISLAND COMMUNITY THAT EXEMPTION BECAUSE THEY'RE BECAUSE LARGELY BECAUSE THEY'RE ON THE NATIVE ISLAND COMMUNITY OH THAT EXEMPTION WAS PUT INTO THE CODE IN MAY OF 2016 AND EVER SINCE THEN TOWN STAFF'S AND THIS DOESN'T REALLY COME UP THE CONTEXT OF A DEVELOPMENT PERMIT APPLICATION IT COMES UP IN THE CONTEXT OF A SUBDIVISION APPLICATION. BUT THE TOWN STAFF'S PRACTICE HAS BEEN EXAMPLE THE SILVER MOSS SUBDIVISION ON SPANISH WELLS ROAD WHEN THAT APPLICATION WAS SUBMITTED THEY WOULD APPROVE THE SUBDIVISION IF THERE WAS A SPECIMEN ON ANY OF THE DESIGNATED LOTS IT HAD TO BE AN OPEN SPACE AND SO THIS REMOVING THIS EXEMPTION IS GOING TO HAVE A MATERIAL ADVERSE EFFECT ON A LOT LAWS THAT WERE APPROVED PRIOR TO 2016 BECAUSE THAT'S REALLY THE ONLY TIME WE'RE BEFORE THAT EXEMPTION WAS PUT IN SO I WOULD I WOULD SUGGEST THAT YOU WANT TO TREAD HERE BECAUSE THE LAST THING THE TOWN COUNCIL WANTS BE SEEN AS DOING WITH THESE AMENDMENTS IS UNDERCUTTING ABILITY OF THE NATIVE ISLANDERS TO UTILIZE THEIR IN AN ECONOMICALLY VIABLE MANNER. THANK YOU. THANK YOU FOR THE COMMENT.SO THERE ARE APPEAL THERE ARE METHODS TO APPEAL A DECISION MADE WITH REGARD TO A TREE ON A SINGLE FAMILY LOT DID I YOU SAY THAT? THAT'S CORRECT AND IT ACTUALLY CAN SHOW YOU THAT SECTION IS RIGHT HERE IF THERE IS AN UNNECESSARY HARDSHIP AN APPLICANT CAN APPLY FOR A VARIANCE AND THEN THAT IS HOW IF THERE IS A FROM A SPECIMEN OR SIGNIFICANT TREE THEY COULD SEEK A VARIANCE FOR ITS REMOVAL THAT'S CURRENTLY IN OUR CODE CHARACTERS NO THAT IS CURRENTLY IN THE CODE IS WHAT I THOUGHT I GUESS.
AND ARE THERE ANY OTHER PEOPLE WHO WOULD LIKE TO MAKE A COMMENT ON THIS PARTICULAR ITEM TODAY? WAS THERE ANYONE ELSE WHO HAD SIGNED THEM? NO. OKAY. SO WE HAVE A MOTION AND A SECOND ALL IN FAVOR PROPOSED. ALL RIGHT. THANK YOU.
[5.b. Consideration of an Ordinance of the Town of Hilton Head Island to Amend Chapter 16 of the Municipal Code, the Land Management Ordinance, to amend current regulations for Sign Standards to include sections: 16-5-114 and 16-10-105 for the Town of Hilton Head Island, South Carolina and providing for severability and an effective date - Missy Luick, Director of Planning]
ALL RIGHT. SO CONSIDERATION OF AN ORDINANCE OF THE TOWN OF HILTON HEAD ISLAND TO AMEND CHAPTER OF THE MUNICIPAL CODE THE LAND MANAGEMENT ORDINANCE TO AMEND CURRENT REGULATIONS FOR SIGNS STANDARDS TO INCLUDE SECTION 16 FIVE 114 AND 1610 105 FOR THE TOWN OF HILTON HYLAND, SOUTH CAROLINA AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE AND THIS IS THE WAY OUR DIRECTOR OF PLANNING IS WITH US AGAIN.THANK YOU. ALL RIGHT. SO THIS AMENDMENT RELATED TO OUR SIGN CODE AGAIN THIS IS RELATED TO OUR GROWTH MANAGEMENT STRATEGY AS DIRECTED WITHIN THE STRATEGIC ACTION PLAN WE DID REVIEW WITH COUNCIL THAT SEPTEMBER 2024 WORKSHOP THE SIGN CODE REGULATION POLICY ONE THAT OUR CURRENT SCIENCE STANDARDS ARE NOT CONTENT NEUTRAL AS REQUIRED BY THIS READ VERSUS TOWN OF GILBERT SUPREME COURT DECISION AND THEN AMENDING OUR SIGN CODE TO BE COMPLIANT WITH THIS DECISION WOULD REDUCE OUR ABILITY TO REGULATE CERTAIN TYPE OF SIGN TYPES. THE THE PURPOSE IN OF THIS AMENDMENT IN THE PRIORITY AMENDMENT FORM IS JUST TO MAKE OUR SIGN CODE CONTENT NEUTRAL MEETING THE REQUIREMENTS OF THAT SUPREME COURT DECISION FROM 2015 THAT DECISION INVALIDATED DESIGN REGULATIONS FOR DISTINGUISHING BETWEEN DIFFERENT OF NONCOMMERCIAL MESSAGES SUCH AS POLITICAL OR EVENT RELATED SIGNS. THE COURT'S DECISION MADE IT CLEAR THAT REGULATIONS BASED ON CONTENT OF SIGNS HAS TO BE AVOIDED AS CONTENT BASE RULES ARE SUBJECT TO STRICT SCRUTINY REQUIRING A COMPELLING GOVERNMENTAL INTEREST IN NARROWLY TAILORED MEASURES. SO IN ESSENCE THE SIGN CODE HAS TO BE CONTENT NEUTRAL AND YOU CAN'T READ A SIGN TO KNOW HOW TO REGULATE A SIGN IS PROBABLY THE SIMPLEST WAY TO PUT IT AND
[00:25:05]
SO THE AMENDMENTS THAT ARE WITHIN THIS AMENDMENT SET ARE TO MEET THAT PURPOSE NOT TO BRING OUR FULL SIGN CODE TO AN OVERHAUL OF THE WHOLE SIGN CODE BUT JUST TO MAKE IT IN CONFORMANCE WITH CONTENT NEUTRALITY. SO SO AND WITH THAT WE STILL CAN REGULATE SIZE, HEIGHT, LOCATION DESIGN AND THE PERMITTING OF SIGNS AND THEN THERE'S SOME MINOR MINOR HOUSEKEEPING ITEMS THAT ARE IN THIS AMENDMENT THAT'S BEFORE YOU BUT REALLY IT IS FOR CONTENT NEUTRALITY SO I'LL GO THROUGH AND OVER JUST LIKE THE OTHER MEMOS THAT ARE PART OF THIS PROCESS WE DESCRIBE IT BOTH IN WORDS AND THEN THERE'S A TABLE THAT DESCRIBES THE AMENDMENTS I'LL GO THROUGH BOTH THERE IS SO THE PROPOSED AMENDMENT MAKES SOME CHANGES TO THE NONCOMMERCIAL MESSAGE SUBSTITUTION THERE WAS EXISTING LANGUAGE THAT WAS REPLACED THE PURPOSE OF THAT SUBSTITUTION CLAUSE IS TO ASSURE THAT IF A SIGN CODE ALLOWS A SIGN CONTAINING COMMERCIAL COPY THAT IT ALSO ALLOWS NONCOMMERCIAL SIGN TO THE SAME EXTENT AND THAT IT APPLIES TO EVERY POSSIBLE DIMENSION OF THE SIGN INCLUDING LOCATION DURATION OF POSTING AREA MATERIALS OR DESIGN REQUIREMENTS AND REQUIREMENT OF A PERMIT. THERE ARE SOME CHANGES REGARDING FLAG THEY'VE BEEN UPDATED TO REFLECT CASE AND FEDERAL LAW. FLAGS ON TOWN PROPERTY CAN INCLUDE UNITED STATES FLAGS, SOUTH CAROLINA FLAGS, TOWN FLAGS AND LESS TOWN COUNCIL APPROVED SOMETHING ELSE ON PRIVATE PROPERTY THERE IS AN ALLOWANCE FOR TWO FLAGS PER PARCEL BUT THEY CANNOT BE IN STREET EASEMENTS OR RIGHTS OF WAY ON PUBLIC LAND OR LARGER THAN 24 SQUARE FEET UNLESS THE DESIGN REVIEW BOARD AND TOWN COUNCIL APPROVE A LARGER ONE PERHAPS ON A TELECOMMUTING OCCASIONS TOWER AS AN EXAMPLE JUST NOTE THAT THESE RULES THAT APPLY TO FLAGS MUST STILL FOLLOW ALL STATE AND FEDERAL LAWS ABOUT THE US OR SOUTH CAROLINA FLAGS. THERE ARE CHANGES TO INTERIOR SITE SIGNS THE ORDINANCE INCLUDES SEVERAL SIGN TYPES THAT ARE FOUND INTERNAL TO SITES AND IN PARKING LOTS LIKE MENU BOARDS, PARKING SIGNS, SHOPPING CART RETURN SIGNS ETC. THESE SIGNS ARE NOW GROUPED TOGETHER AS INTERIOR SITE SIGNS AND THEY'RE PROPOSED TO BE EXEMPT FROM PERMITTING AND SUBJECT TO REQUIREMENTS THAT ARE LISTED IN THE AMENDMENT TEMPORARY YARD SIGNS TOTALING NINE SQUARE FEET OR LESS DURING ELECTION SEASONS ARE PROPOSED TO BE EXEMPT FROM PERMITTING BASED ON LEGAL REVIEW IN CASE LAW THE TOWN REGULATE WHAT MESSAGE IS DISPLAYED ON THESE SIGNS DURING THIS TIME FRAME EVEN IF IT WAS NOT RELATED TO AN ELECTION OR REFERENDUM TEMPORARY YARD SIGNS SECTION STANDARDIZES ALL TEMPORARY SIGNS THAT ARE CURRENTLY REGULATED BY THEIR CONTENT SUCH AS REAL ESTATE SIGNS OR CONSTRUCTION IT INCLUDES GENERAL REQUIREMENTS FOR THE SIGN DURABILITY ILLUMINATION SHAPE NUMBER SIZE AND TIME FRAME. THEY'RE NOT EXEMPT FROM PERMITTING ONE TEMPORARY SIGN YARD SIGN IS ALLOWED PER PARCEL . THERE ARE OTHER CIRCUMSTANCES AND TIMEFRAMES WHERE ADDITIONAL TEMPORARY ARE PERMITTED AND THOSE ARE DURING CONSTRUCTION PROJECTS WHEN THE BUILDING OR PROPERTY IS LISTED FOR SALE AND THAT TIME FRAME BEFORE AND AFTER AN ELECTION AND THEN CONCERNING TEMPORARY YARD SIGNS 90 DAYS OF 4 TO 7 DAYS AFTER AN ELECTION OR REFERENDUM A PERMIT IS ONLY REQUIRED IF THE TOTAL SIZE OF THE SIGN EXCEEDS NINE SQUARE FEET. OTHERWISE THEY'RE EXEMPT FROM PERMITTING IF THEY MEET THE REQUIREMENTS WITHIN THE SIGN CODE DRIVEWAY POINT SIGNS THEY'RE SIMILAR TO INTERIOR SIGHT SIGNS AND THEY'RE ORIENTED MORE TOWARDS TRAFFIC CONTROL AT DRIVEWAY INTERSECTION AND THEY DO REQUIRE A PERMIT AND SIGNS AT DRIVEWAY ENTRANCES FOR NONRESIDENTIAL ARE ALLOWED BUT MUST BE NO LARGER THAN FOUR SQUARE FEET AND NO TALLER THAN THREE FEET TALL AND TWO SIGNS ALLOWED ACCESS INTERIOR SIGHT SIGNS THAT FALL WITHIN THE SETBACK ARE REQUIRED TO HAVE A PERMIT OTHERWISE RULES FOR SQUARE FEET IN HEIGHT THREE FEET APPLIES TO THESE SIGNS. WE ANTICIPATE THAT THERE WOULD BE FURTHER AMENDMENTS THE SIGN CODE DURING FULL CODE OVERHAUL . THE TABLE ALSO DESCRIBES WHAT WAS WHAT WAS IN WRITING. HERE YOU CAN SEE THE FULL CHANGE OF THE SUBSTITUTION OF NONCOMMERCIAL MESSAGE BOTH WHAT THE WORDING WAS PRIOR TO AND THE PROPOSED NEW WORDING.IN ADDITION YOU CAN THE CHANGES AS FAR AS FLAGS ARE CONCERNED HERE IN THE CODE FLAGS IN THE IN THE CURRENT CODE ARE CONSIDERED TO BE SIGNS FLAGS AS THEY ARE STILL CONSIDERED SIGNS
[00:30:06]
IN THE NEW CODE . BUT WE CANNOT READ THEM TO REGULATE THEM WHICH IS WHAT NECESSITATED THE THE CHANGES AS DRAFTED HERE AND AND YOU CAN SEE THE VERBIAGE IN THE NEW CODE THAT'S IN THE TABLE AGAIN NO MORE THAN TWO FLAGS ARE ALLOWED PER PARCEL CANNOT BE IN EASEMENTS RIGHT OF WAYS NOT ON PUBLIC PROPERTY. THE FLAG SHALL NOT EXCEED 24 SQUARE FEET UNLESS THERE ARE OTHER APPROVALS GRANTED AND IN NO WAY ARE THESE REGULATIONS SUPPOSED TO BE IN CONFLICT. ANY U.S. OR OTHER LAWS FEDERAL LAWS RELATED TO FLAGS AS AGAIN WE DESCRIBED THE INTERIOR SITE SIGNS WHICH USED TO BE REFERRED TO AS INCIDENTAL SIGNS AND AND YOU CAN SEE THE NEW LANGUAGE HERE. THE CURRENT ORDINANCE AS I MENTIONED, HAD SEVERAL SIGN TYPES SUCH AS MENU BOARDS, PARKING SIGNS, SHOPPING CART RETURNS AGAIN REGULATE THOSE. YOU WOULD HAVE TO READ THE SIGNS SO THEY'RE ALL UNDER INTERIOR SIGHT SIGNS NOW AND THERE ARE REQUIREMENTS THAT THEY ARE LOCATED AT IF THEY'RE AT THE END OF A PARKING SPACE AND WITHIN FIVE FEET OF A PARKING SPACE THEY'RE LIMITED TO 1.5 SQUARE FEET NO MORE THAN THREE PER PARCEL AND THEN THERE IS A NEW DEFINITION THAT'S PROPOSED FOR INTO YOUR SITE SIGN THAT'S HERE. IT'S A PERMANENT INTERIOR INTERNALLY SIGN ON A NONRESIDENT RESIDENTIAL PARCEL THAT'S NOT READILY VISIBLE AND LEGIBLE BEYOND THE BOUNDARIES OF THE PARCEL ON WHICH IT'S LOCATED INTENDED FOR VIEWING FROM THE INTERIOR OF THE SUBJECT PARCEL THAT WE GET INTO THE TEMPORARY YARD SIGNS AND THERE'S BOTH KIND OF TWO GROUPS OF TEMPORARY YARD SIGNS AND AGAIN WE WALK THROUGH IT AT A HIGHER LEVEL BUT WHEN YOU GO THROUGH THE CODE CHANGES HERE I'LL JUST WALK THROUGH AGAIN.THE PROPOSED LANGUAGE ALLOWS UP TO NINE SQUARE FEET OF TEMPORARY SIGNS 90 DAYS PRIOR TO AN ELECTION AND UP TO SEVEN DAYS AFTER WITH SOME REQUIREMENTS THAT THERE IS NO LIMIT OF THE QUANTITY OF SIGNS ON A PARCEL AS LONG AS IT DOESN'T EXCEED NINE SQUARE FEET OF SIGN AND THEY THERE ARE SOME MATERIAL REQUIREMENTS THAT IT CAN MADE FROM LIGHTWEIGHT MATERIALS LIKE CORRUGATED PLASTIC OR CARDBOARD WOOD SIMILAR MATERIALS IT CAN BE AFFIXED TO THE GROUND WITH METAL WIRE STAKES WOOD STAKES OR PLASTIC STAKES AGAIN THEY CAN'T BE PLACED EASEMENTS OR RIGHTS AWAY AND NOT ON PUBLIC PROPERTY PERMISSION AND THEN THE STANDARDS FOR THE SIGNS THEY'RE TEMPORARY YARD SIGNS HAVE AGAIN THOSE SAME REQUIREMENTS I'M SORRY THESE ARE TEMPORARY YARD SIGNS THAT THESE ONES REGULATE FOR OR ARE IN PLACE OF A PERMANENT SIGN WHEN. YOU'RE PUTTING IN A TEMPORARY SIGN WHEN YOU'RE WAITING FOR YOUR PERMANENT SIGN. THESE DO HAVE TO BE MEDIUM DENSITY OVERLAY PANEL MDO OR A MATERIAL THAT'S OF EQUAL DURABILITY.
ONE ONE YARD SIGN IS ALLOWED PER PARCEL. THEY CAN'T BE ILLUMINATED.
THEY HAVE TO BE SQUARE RECTANGULAR IN SHAPE NOT ON A RIGHT OF WAY AN EASEMENT AND CANNOT EXCEED THREE SQUARE FEET AND HAVE TO BE REMOVED WITHIN 90 DAYS OF ITS PERMIT UNLESS APPROVED SO TEMPORARY SIGNS ARE A 90 DAY APPROVAL THERE ALSO ARE ONE ADDITIONAL TEMPORARY YARD SIGNS ARE ALLOWED WITH CRITERIA OR UNDER CERTAIN AND AN ADDITIONAL YARD SIGN CAN EXCEED FOUR SQUARE FEET OR SIX FEET IN HEIGHT FROM THE EXISTING GRADE AND THERE ARE REQUIREMENTS FOR THOSE SO ONE IS ALLOWED PER STREET FRONTAGE OF A PARCEL WHEN IT'S LISTED RENT OR FOR SALE TO THE TIME OF TWO DAYS AFTER THE EXECUTION OF A RENTAL CONTRACT OR CLOSING THE SALE AND THEY CANNOT EXCEED FOUR SQUARE FEET IN SIZE AND PARCELS WITH NONRESIDENTIAL USES THE ADDITIONAL TEMPORARY SIGNS NOT EXCEED 20 SQUARE FEET IN SIZE AND WHEN PLACEMENT ON THE GROUND IS NOT FEASIBLE IT CAN BE PLACED ON THE FACADE OF THE BUILDING AND THEN THERE IS HERE THE ADDITIONAL TEMPORARY YARD SIGNS ARE ALLOWED 90 DAYS PRIOR TO AN ELECTION OR REFERENDUM AND THEN PERMITS ARE REQUIRED AND. THERE ARE SOME REQUIREMENTS FOR THAT SO. PERMITS ARE REQUIRED IF THE SIGN EXCEEDS NINE SQUARE FEET.
[00:35:05]
WE ALREADY WENT THROUGH WHERE A PERMIT WAS NOT REQUIRED IF IT'S LESS THAN NINE SQUARE FEET SO BETWEEN NINE AND THE MAXIMUM AMOUNT OF SIGNAGE IS 32 FOR THIS TEMPORARY YARD WITHIN 90 DAYS OF AN ELECTION A PERMITS REQUIRED BETWEEN AND 32 SQUARE FEET AND THAT'S WHAT THIS SECTION IS COVERING AND THEN IT HAS SIMILAR CRITERIA FOR THE WHERE THE MATERIAL REQUIREMENTS ARE MORE RELAXED FROM THAT MORE DURABLE SIGN TYPE AGAIN CORRUGATED PLASTIC CARDBOARD WOOD THEY'RE NOT ALLOWED IN STREET OR RIGHTS OF WAY CANNOT BE ON PUBLIC PROPERTY WITHOUT OWNER PERMISSION. HERE ARE THE REQUIREMENTS AGAIN FOR DRIVEWAY POINT SIGNS IT'S LIMITED TO FOUR SQUARE FEET MAXIMUM OF TWO PER ACCESS POINT AND THE MAXIMUM HEIGHT IS THREE FEET. THERE ARE INTERIOR SIGHT SIGNS WITHIN SET BACK AREAS THAT ARE NOT EXEMPT FROM PERMITTING OTHERWISE THE SAME HEIGHT REQUIREMENTS ARE THE SAME FOR INTERIOR SIGHT SIGNS. THE APPROVAL OF THIS TEXT AMENDMENT WILL NOT CREATE NONCONFORMITY AS THERE ARE SEVERAL SIGN TYPES THAT WERE GROUPED INTO THE INTERIOR SITE SIGN CLASSIFICATION BUT THE SAME DIMENSIONAL REQUIREMENTS. ADDITIONALLY TEMPORARY YARD SIGNS CANNOT BENEFIT FROM ANY RIGHTS AGAIN TEXT AMENDMENTS ARE REQUIRED TO MEET CERTAIN CRITERIA WITHIN OUR CODE THAT ARE LISTED HERE WHEN REVIEWING STAFF REVIEWED THOSE REQUIREMENTS AND SUGGEST THAT IT IS IN ALIGNMENT WITH THE TEXT EVENT AMENDMENT REVIEW CRITERIA AS IT SUPPORTS THE COMPREHENSIVE PLAN MINIMIZING THE IMPACT OF SIGNS AND ENSURING HIGH QUALITY SIGNAGE IS REQUIRED DUE TO A US COURT DECISION ADDRESSES A COMMUNITY NEED TO HOLD SIGNAGE TO HIGH STANDARDS FOR ESTHETICS AND REDUCE VISUAL CLUTTER.IT'S CONSISTENT WITH THE ZONING DISTRICTS IN THIS ORDINANCE BY ENSURING HIGH QUALITY AND UNOBTRUSIVE SIGNAGE IT RESULT IN A MORE ATTRACTIVE THREE CORRIDORS AND PROPERTIES AND HAVE NO IMPACT ON THE NATURAL BUYER MAP. ARE THERE ANY QUESTIONS ABOUT THE SIGN CODE ? I'LL JUST ADD TO THAT. I UNDERSTAND THERE MAY BE SOME QUESTIONS ABOUT, YOU KNOW, THESE CHANGES OVERALL AND THE IMPACT IN COMPARISON TO WHAT OUR ZONING CODE CURRENTLY ALLOWS US TO REGULATE AND THE IMPACT OF NOT BEING ABLE TO REDESIGN TO REGULATE THERE'S NO QUESTION THAT SOME OF THESE CHANGES DO IMPACT THE WAY THAT COMMUNITIES CAN REGULATE SIGNS AND THERE ARE SOME DIFFICULTIES THAT ARE PRESENTED WHEN YOU CAN'T READ THE SIGN TO KNOW HOW TO REGULATE IT. SO I JUST WANTED TO ACKNOWLEDGE THAT THAT THESE CHANGES WHILE THEY BRING US INTO CONFORMANCE WITH THAT US SUPREME COURT CASE THEY THEY DO PRESENT SOME SOME CHALLENGES IN IMPLEMENTATION DOCUMENTS DO WE HAVE A MOTION OR ON A LIGHT SIDE. OKAY BUT WHEN INVERSION WE USUALLY ASK QUESTIONS AFTER WE GET A MOTION SO IF WE CAN GET A MOTION MOVE THAT WE RECOMMEND TO COUNSEL FOR A FAVORABLE CONSIDERATION THE AMENDMENTS TO THE ONE ORDINANCE CURRENT REGULATIONS FOR DESIGN STANDARDS ACTIONS REFERENCED OKAY AND NOW I DO HAVE SOME QUESTIONS FOR MISSY AGAIN I WAS GOING TO SAY THERE'S THERE ARE AN AWFUL LOT OF ALMA SIGNS FLYING AROUND ON SATURDAY MORNINGS DURING GAME TIMES AND I SUSPECT OR ILLEGAL BASED ON THIS CORRECT THEY'RE JUST NOT BEING ENFORCED WHICH IS OKAY UNLESS UNIVERSITY OF LOUISVILLE OR TENNESSEE OF COURSE YOU CAN YOU CAN ENFORCE THOSE BUT THEY'RE NOT MENTIONED AND YOU KNOW, THEY'RE EVERYWHERE SO WE'RE JUST OKAY WITH THEM WITH WITH FLAGS IN PARTICULAR THE FLAGS CURRENTLY ARE CONSIDERED SIGNS IN OUR CURRENT CODE AND GOING FORWARD ARE AS WELL THIS HAS SOME REQUIREMENTS THAT THERE BE NO MORE THAN TWO PER PARCEL AND IT HAS SOME CRITERIA FOR THOSE THOSE FLAGS AND IN IN THEM I GUESS THE LANGUAGE IS TO THAT YOU STATE EITHER YOU KNOW A U.S. FLAG OR A SOUTH CAROLINA FLAG AND I'M SURE THAT DOESN'T MEAN GAMECOCK. ALL RIGHT.
IT DOES NOT SO THOSE ARE THE FLAGS THAT ARE ON PUBLIC PROPERTY.
[00:40:03]
YOU HAVE TO BE A U.S. OR STATE OF SOUTH CAROLINA OR A TOWN FLAG FLAGS GENERALLY IS THE WHAT ALL OTHER FLAGS WOULD BE REGULATED ON NON PUBLIC PROPERTY IT'S NO MORE THAN TWO FLAGS IT IT HAS SIZE BUT IT DOES NOT DESIGNATE WHAT THOSE FLAGS WHAT IS ON THOSE FLAGS OKAY ANY OTHER QUESTIONS I SEEM TO HAVE A RECOLLECTION OF A RECENT INCIDENT INVOLVING SIGNS ON 278 AND THE TOWN WAS INSTRUCTED TO REMOVE THEM BY BUILDING THE A BELL SO SIGNS CURRENTLY WHETHER IT'S A TEMPORARY SIGN CANNOT BE A RIGHT OF WAY WITHOUT PERMISSION OF WHOEVER OWNS THAT CORRIDOR OR ON PUBLIC PROPERTY WITHOUT I CAN'T SPEAK TO THAT PARTICULAR BUT IT MAY BE THAT SO REGARDING THAT PARTICULAR INCIDENT SO THESE WERE SIGNS RELATED TO THE DIFFERENT NEIGHBORHOODS LONG COVE HEALTH AND PLANTATION THEY HAD THE GREEN SIGNS ALONG THE ROADWAY THE STATE HAS RULES THAT DICTATE WHAT IS ALLOWED AS FAR AS WAYFINDING SIGNAGE WITHIN THE STATE RIGHTS AWAY OVER TIME THOSE RULES HAVE CHANGED AND SO IN PARTICULAR CASE THE STATE HAD ADVISED THAT THEY DON'T ALLOW THAT TYPE OF WAYFINDING SIGNAGE TO IDENTIFY A NEIGHBORHOOD WITHIN THE STATES RIGHT AWAY THEY ALLOW YOU TO IDENTIFY PUBLIC PUBLIC AMENITIES LIKE A PUBLIC GOLF THOSE ARE OKAY BUT THAT THAT IS SEPARATE IT APART FROM A SIGNED ORDINANCE THAT IS THOSE ARE STATE RULES THAT THAT ARE ELIMINATING SOME OF THOSE SIGNS THAT WE SEE ON U.S. TWO SEVEN GATEWAY MIDLAND PARKWAY. I MEAN IT WAS OKAY TO HAVE THE TOWN HALL SIGNS AND NOT THE LONG COASTLINE. IT'S OKAY HAVE A TOWN HALL SIGN BECAUSE THAT'S A PUBLIC FACILITY. IT'S NOT OKAY TO HAVE ONE COVE UNLESS LONG COVER TO HAVE A PUBLIC GOLF COURSE. THEN THEY COULD ADVERTISE THE PUBLIC GOLF IN WOULD IT BE OF ANY BENEFIT TO MAKE REFERENCE TO THE FACT THAT THERE ARE OTHER RULES THAT APPLY HERE THERE ALSO HAVE TO BE PAID ATTENTION TO WELL GENERALLY SAYING ACKNOWLEDGE THE FACT THAT THERE ARE REGULATORY SIGNS THAT WHETHER IT'S THE TOWN WHETHER IT'S THE STATE OR THE FEDERAL GOVERNMENT HAVE THE ABILITY TO TO PLACE REGULATORY SIGNS WITHIN THE RIGHT AWAY. THIS IS STATING THAT ONLY THOSE TYPES OF SIGNS ARE IN THE RIGHT AWAY ANY OTHER THAT'S NOT THAT IS NOT ALLOWED.SO IF IT'S IF IT'S NOT A TOWN IT'S NOT A STATE SIGN'S NOT A FEDERAL SIGN IT'S NOT ALLOWED WITHIN THE RIGHT OF WAY OR GENERALLY ON PUBLIC PROPERTY. I THANK YOU AND I ALSO WANT TO THANK MISSY AND SHAWN FOR SPENDING SOME TIME WITH ME RECENTLY GOING OVER THIS PARTICULAR ORDINANCE I HAVE QUITE A FEW CONCERNS MOST OF WHICH WE'VE DISCUSSED AND SOME OF WHICH I'M TO HIGHLIGHT HERE FOR INSTANCE THE LAST WHEREAS OF THE ORDINANCE ITSELF ON PAGE TWO SAYS WHEREAS THE TOWN COUNCIL FINDS THE BEST INTEREST OF THE TOWN AND THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS PROPERTY OWNERS ,RESIDENTS AND VISITORS SHALL BE FURTHERED BY THESE AMENDMENTS TO THE TOWN SIGNED ORDINANCE AND THEN IT GOES ON.
THIS IS THE IMPORTANT PART WHICH WILL PROMOTE AND PRESERVE THE ESTHETIC OF THE TOWN REDUCE VISUAL CLUTTER, REDUCE DISTRACTIONS ALONG RISE ROADWAYS AND ENSURE ADEQUATE SEPARATION BETWEEN SIGNS AND AID AND PROVIDING THE ADEQUATE LIGHT AIR AND OPEN SPACE AND FACILITATE THE CREATION OF A CONVENIENT ATTRACTIVE AND HARMONIOUS COMMUNITY.
SIGNS AS A RULE DON'T DO ANY OF THAT. AND WITHIN THIS ORDINANCE WHAT I SEE IS AN OPENING OF A DOOR TO MAKE THAT VISUAL CLUTTER AND ALL THOSE THINGS I JUST READ THAT THE TOWN IS THINKING IS IN BEST INTEREST ARE NOT ARE FURTHERED BY THIS ORDINANCE ONE ONE EXAMPLE IS ON PAGE THREE OF 11 AND IT DISCUSSES THE TEMPORARY YOUR YARD SIGNS AND THESE TEMPORARY YARD SIGNS IN PARTICULAR AS IT RELATES TO ELECTIONS AND REFERENDUMS IT SAYS CONCERNING TEMPORARY YARD SIGNS DAYS BEFORE 2 TO 7 DAYS AFTER AN ELECTION OR REFERENDUM AND THAT THE PERMIT IS ONLY REQUIRED IN THE TOTAL SIZE OF THE SIGNS THAT EXCEED SIX AND I THINK SOMEONE ELSE HAD SAID SO I THINK THERE WAS A CONFLICT THERE SQUARED THE
[00:45:01]
OTHER WAY SIGNS EXEMPT FROM PERMITTING AND ARE ALLOWABLE IS COMPLIANT WITH ANOTHER SECTION WHEN I ASKED THE QUESTION ON THIS I ASKED WHOSE ELECTION WHAT ELECTION WHAT REFERENDUM WHOSE REFERENDUM? AND THIS DOESN'T SPECIFY SO IT'S OPEN ENDED SO FROM 90 DAYS IF WE WERE TO APPROVE THIS FROM 90 DAYS FROM SOME ELECTION OR SOME REFERENDUM SO WHERE ON THIS GLOBE SOMEONE CAN GO OUT AND UP A SIGN OR MULTIPLE SIGNS TO WHICH WE CAN'T READ THE CONTENT OF SO THEREFORE IT MAY NOT BE RELATED TO THAT ELECTION OR REFERENDUM IN PARTICULAR.SO THAT'S A PROBLEM AS. I SEE IT PEOPLE CAN PUT UP ANY CONTENT FOR THREE PLUS MONTHS ANYWHERE AROUND ISLAND AS THEY SEE FIT AND THEN SAY IT WAS RELATED AN ELECTION OR A REFERENDUM SOMEWHERE HILTON HEAD THOSE OF US WHO HAVE HERE FOR A LONG TIME KNOW AND THOSE WHO HAVE COME I HOPE KNOW IS KNOWN WELL KNOWN FOR LIMITING SIGNS AND THE ADVERTISEMENT ALONG OUR ROADWAYS AND IN TURN INSTEAD PROMOTE THE TREES AND THE ENVIRONMENT AND THE NATURAL BEAUTY OF OUR ROADWAYS OF WHICH IF THAT LAST WHEREAS WERE TRUE THIS ORDINANCE WOULD RELATE TO SO THAT'S A PROBLEM THAT I HAVE AND I'M GOING TO SUGGEST I CAN EITHER GO OVER MANY OF THESE TYPES OF PROBLEMS THAT SIZE IS ANOTHER ONE WE HAVE ON PAGE 311 THE SIZE OF THE FLAG SHALL NOT EXCEED FOUR SQUARE FEET 24 SQUARE FEET. YOU CAN ENVISION IT BEING IN ANY SIZE OR ANY SHAPE INCLUDING A TWO BY 12 TWO FEET WIDE BY 12 FOOT TALL HIGH FLAG THAT'S INCONSISTENT WITH ISLAND CHARACTER AND THAT'S INCONSISTENT WITH WHAT I BELIEVE HILTON HEAD HAS ALWAYS VALUED AND SO THEREFORE THAT ONE TOO SHOULD NOT BE IN OUR SIGNS AND FLAG REGULATIONS THERE ARE OTHER PLACES WHERE WHEN WE TALK ABOUT INITIALLY THE SIZE OF A SIGN CAN BE LIMITED TO SAY THREE BY THREE BUT THEN FURTHER DOWN WHEN IT SPEAKS TO MULTIPLE IN THE SAME IN THE SAME AREA THAT NOT FLAGS BUT SIGNS PERHAPS FLAGS TOO.
BUT I'M THINKING SPECIFICALLY OF SIGNS THAT IT DOES RELATE TO SIGNS PLURAL.
SO BEING ABLE TO BE I BELIEVE 32 SQUARE FEET SO DOES THAT MEAN IF THERE WERE HOWEVER MANY SIGNS THERE NEED TO BE THAT TOTAL OF THAT SIGNS CAN EXCEED 32 FEET AND WHO'S OUT REGULATING ALL OF THIS AND AND THEN FOUR ENFORCING IT IT SOUNDS LIKE A NIGHTMARE TO ME TO OUR CODE ENFORCERS AND THE NUANCES BETWEEN A VARIETY OF THESE STIPULATIONS ON SIZE WHEN AND ALL OF THESE OTHER CHARACTERISTICS I BELIEVE OVERLY BURDENSOME SO I'M TO RECOMMEND THAT WE CHANGE OUR MOTION I'M GOING TO ASK FOR SUPPORT TO SEND THIS BACK OR TABLE IT IN TABLING IT. WHAT I WOULD LIKE TO SEE IS FOR STAFF TO LOOK AT SOME OF THESE ISSUES THAT I'VE IDENTIFIED AND I BELIEVE THERE ARE OTHERS THAT NEED TO BE LISTED AND REWORKED DRIVEWAY ACCESS POINTS IS IN FRONT OF ME ON THE SCREEN SO AT THAT ONE AS WE DISCUSS DRIVEWAY ACCESS POINTS THEN YOU CAN HAVE TWO SIGNS PER ACCESS POINT HOW DOES THAT SET UP ACTUALLY IF YOU HAVE AN INN AND OUT TWO SEPARATE ACCESS POINTS DOES THAT MEAN YOU'RE GOING TO HAVE TWO SIGNS TO DIRECT PEOPLE IN AND THEN TO SIGNS TO DIRECT PEOPLE OUT AND IS THAT CONSISTENT WHAT I READ IN TERMS OF WHAT HILTON HEAD SHOULD IT'S SIX TO BE THE BEST INTERESTS OF THE TOWN AND SO NONE OF THIS I BELIEVE IS HAS THOROUGHLY THOUGHT OUT CERTAINLY NOT CLEAR TO MY UNDERSTANDING AND THE WAY IT'S BEEN WRITTEN PROVIDING DIFFICULTIES FOR ENFORCEMENT EVEN PERMITTING WHERE NECESSARY AND SO I'M NOT SURE THE PROPER PROCEDURE CURTIS BUT I WOULD LIKE TO OUR MOTION AND I'LL DO AT THE PROPER TIME I REALIZE WE HAVEN'T HEARD PUBLIC COMMENT
[00:50:03]
OKAY STEVE I'M SORRY TO JUMP IN SOME THIS BE EASILY CLEARED UP BUT THE ILLUSTRATION AND AND PICKING THE SIZE THAT'S 32 SQUARE FEET OR 24 SQUARE FEET AND DO AN ILLUSTRATION CAN EITHER ONLY BE THIS OR THIS IF WITHIN 24 SQUARE FEET EITHER BE THIS OR THIS AND MAKE IT MUCH EASIER FOR PEOPLE FROM AS IN WITH OUR SYSTEM. YES THERE COULD BE ADDITIONAL ILLUSTRATIONS. I THINK THE EXAMPLE A TWO BY 12 FLAG AND TWO TO HAVE DIMENSIONS THAT SHOW WHAT'S ACCEPTABLE YOU KNOW FLAGS THE SHAPE OF THE FLAG.I MEAN A TWO BY 12 IS STILL A RECTANGLE BUT YOU CAN REGULATE SIZE REQUIREMENTS, SHAPES, DIMENSION AND ALL COMPONENTS. AGAIN THOSE THE THINGS THAT WE CAN STILL REGULATE TO STILL REMAIN READ COMPLIANT. I THINK THERE COULD BE IF THIS DOES GET SENT BACK TO STAFF THAT THERE COULD BE SOME ADDITIONAL THAT ARE ADDED I THINK TO CLARIFY YOU KNOW AND DOUBLE SIGNS COULD BE TWO SIDES COULD BE ONE ON EACH SIDE OF ONE SIGN KIND OF THING FOR AN ENTRANCE. I MEAN A LOT OF THINGS LOOK AT LIKE YOU SAID BUT A PICTURE IS WORTH A LOT AND DIAGRAM DOWN AND THEY KNOW THAT'S THE BOX THEY HAVE TO FILL OUT.
SO I APPRECIATE THAT AS A SUGGESTION AND SO THAT WOULD BE ONE THING TO ADD TO HOW COULD REEVALUATE THIS AND THEN BRING IT BACK IF IF THERE IS AGREEMENT WITH THIS COMMITTEE TO DO TO DO THAT I DO STILL HAVE THE LOGIC WITH REGARD TO THE TEMPORARY SIGNS AND THAT 90 DAY PLUS WINDOW AND EVEN IF IT WERE A WINDOW THE SAME PROBLEM STILL EXISTS.
WE CAN'T READ THE SIGN AND. THAT'S THE BIGGER CONCERN WE HAVE THE SIGN AND IT SAYS I'M GOING TO REPEAT MYSELF AND I HATE DOING THAT SO I'M NOT GOING TO THINK IT'S ON THE RECORD. SO CURTIS, BACK TO MY QUESTION TO YOU.
HOW I CAN I WELL GET THROUGH THIS FIRST WE'VE HAD THIS CONVERSATION ONCE BEFORE ABOUT WHAT THE COMMITTEES ARE TO DO WHEN EVALUATE A MATTER THAT GOES TO COUNCIL AND THAT IS THE COMMITTEE IS TO FORWARD THE COUNCIL WITH A RECOMMENDATION FOR APPROVAL DENIAL OR NO RECOMMENDATION BECAUSE THE POLICY DECISION WHICH IS WHAT YOU'RE TALKING ABOUT HERE IS ONE THAT GETS MADE BY THE FULL NOT BY A MINORITY OF COUNCIL SO SO I APPRECIATE THAT POINT AND SO CORRESPONDS TO THE LET ME TAKE THAT WELL WAIT A MINUTE. I JUST WANT TO TAKE ONE POINT AT A TIME. OKAY. SO LET ME FINISH WHAT I'M SAYING. YES, SIR, I WILL. THANK YOU SO AND YOU'LL RECALL THAT IN RESPONSE TO THE LAST TIME COUNCIL NOW HAS A PROPOSED CODE AMENDMENTS ON ITS AGENDA TOMORROW THAT MAKES THAT EXPRESS CORRECT AND THAT'S NOT TODAY BUT THANK YOU FOR THAT UNDERSTOOD. SO OKAY NOW IS WE MAKE A MOTION TO AMEND YOU HAVE TO RELINQUISH THE GAVEL MAKE A MOTION TO AMEND THE MOTION THAT IS ON THE FLOOR TO THE PROPOSED AMENDMENTS TO COUNCIL WITH THE RECOMMENDATION FOR APPROVAL. SO I'M GOING TO PASS MY GAVEL SO THAT I CAN MAKE MOTION TO AMEND THE MOTION TO AMEND THE MOTION ON THE FLOOR TO SEND THIS BACK TO STAFF FOR REVISIONS AND FOR IT TO THEN COME BACK TO THE COMMITTEE TO FURTHER SET THIS PARTICULAR ITEM TO I GET A SECOND SECOND ANY CONVERSATION ANY DISCUSSION I VIEW IS THAT A NUMBER OF THESE CERTAINLY DESMOND MENTIONED ILLUSTRATIONS COULD BE THAT COULD BE AND BEFORE THE MATTER GETS TO COUNCIL WITHOUT HAVING TO GO BACK THERE WERE SEVERAL POINTS THAT WERE RAISED THAT I DON'T REALLY COMPREHEND SUCH AS WHAT ELECTIONS ARE YOU'RE REFERRING TO. OH IT'S HARD FOR ME TO SAY THAT THAT'S A SIGNIFICANT MATTER BECAUSE I DON'T GRASP THAT. OKAY, MAYBE I CAN HELP WITH THAT IF WE CAN TAKE THAT ONE.
SO IT SAYS IN THE ORDINANCE THAT 90 DAYS PRIOR TO AN ELECTION OR A REFERENDUM IT DOES NOT SPECIFY WHERE THAT ELECTION OR THAT REFERENDUM IS TAKING PLACE.
[00:55:04]
THEREFORE IT'S AN OPEN DOOR IF THERE IS AN ELECTION IN UTAH WE CAN PUT SIGNS OF HELMAND WELL THAT'S WHAT IF YOU TAKE THE LANGUAGE LITERALLY THAT IS EXACTLY WHAT IT'S OPENING THE DOOR FOR I'M NOT CONCERNED ABOUT THAT. WELL I WOULD BE IF THAT IS NOT A LITERAL STATEMENT IN IN THE TEXT OF THIS BECAUSE SOMEONE THEN COULD DO THAT ALSO THEY CONCERN WITH REGARD TO THOSE TEMPORARY SIGNS WITHIN THIS ELECTION OR REFERENDUM TO SIX SEVEN DAYS AFTERWARDS SINCE WE CAN'T READ THE SIGNS DOESN'T NECESSARILY HAVE TO PERTAIN TO OUR OR ANY ELECTION OR REFERENDUM. CAN YOU HELP ME UNDERSTAND WHAT YOU MEAN BY SIGNS YOU CAN'T READ? WE ARE NOT UNDER THE SUPREME COURT. THAT'S WHY WE'RE DOING THIS UNDER THE SUPREME COURT DECISION. WE ARE NOT ABLE AS A POLITICAL BODY TO READ A SIGN TO DETERMINE WHETHER OR NOT IT'S PERMISSIBLE OR NOT. IS THAT CORRECT? IS CORRECT AND IN THIS CASE IF THERE WAS A TEMPORARY SIGN WITHIN THIS 90 DAY ELECTION WINDOW, IT MAY NOT BE AN ELECTION SIGN. IT COULD BE BOB'S PLUMBING AND IF IT GOES UP WITHIN THAT WINDOW MEETING THESE REQUIREMENTS, IT'S ALLOWABLE AND ONE ELECTION CYCLE CAN LEAD INTO ANOTHER ELECTION. SO YOUR 90 DAYS AND SEVEN DAYS TIME FRAME IS REALLY IRRELEVANT BECAUSE YOU CAN POINT TO ANY NUMBER ELECTIONS THAT OVERLAP AND CONTINUE THROUGHOUT THE YEAR 365 DAYS. I WOULD ADD THAT INTERPRETATIONS ARE MADE ON CODE REGULARLY AND THE MEMO OFFICIAL CAN MAKE AN INTERPRETATION WHAT THAT MEANS AND ALL INTERPRETATIONS ARE KEPT ON FILE.THE PLANNING DEPARTMENT IF I WERE TO READ THAT LANGUAGE I WOULD I WOULD INTERPRET THAT TO BE AN ELECTION, A REFERENDUM THAT IMPACTS OUR ELECTORATE ON HILTON HEAD SO A COUNTY INITIATIVE, STATE INITIATIVE, FEDERAL LOCAL INITIATIVE THAT OUR RESIDENTS WOULD BE VOTING ON ON A BALLOT THAT IS SOMEONE CAN TAKE THAT OFFICIAL AS WE WELL THOUGHT OUT AS IT MIGHT AND BECAUSE THE LANGUAGE DOES NOT SAY THAT CLEARLY AND BECAUSE WE CAN'T READ THE SIGNS SO IT DOESN'T NECESSARILY HAVE TO PERTAIN TO THAT ELECTION THEY CAN CHALLENGE IT TO THE BCA AND I WOULD IMAGINE THAT WITHOUT THAT SPECIFIC LANGUAGE AND WITHOUT BEING ABLE TO READ WHAT THAT SIGN WOULD PERTAIN TO THE BCA WOULD OVERTURN THE OFFICIAL AND THEN WE WOULD BE RIGHT BACK WHERE IT WAS AND LOCAL TO THE VERBIAGE AND WE JUST PUT BEFORE COUNTY THE VERBIAGE ELIMINATE THAT THERE COULD BE CLARIFICATION THAT'S ADDED TO THAT YES WHICH I THINK IS WHAT THE SPEAKER IS REQUESTING THAT CLARIFIES THAT SO THAT IT IS NOT OPEN FOR INTERPRETATION I THINK IS WHAT HER REQUEST IS. YES.
AND HOW DO WE ELIMINATE BOB FROM ADVERTISE IN HIS PLUMBING COMPANY DURING ELECTION? WELL THIS RELAXES THE REQUIREMENT FOR PERMIT FOR THOSE TEMPORARY SIGNS WITHIN THE WINDOW ELECTIONS AND RIGHT NOW THERE'S NO PERMIT REQUIRED IF WE'RE NINE SQUARE FEET OR LESS OF THAT SIGNAGE YOU COULD WELL THERE'S NO WAY TO ELIMINATE IF YOU'RE GOING TO ALLOW RELIEF OF THE SIGN CODE WITHIN THAT WINDOW AND CANNOT READ THE SIGN REGULATE IT. YES BOB'S PLUMBING PUT UP A SIGN BUT IF THERE WAS A DESIRE TO CHANGE THE WAY WAS DRAFTED TO SAY REQUIRE ALL TEMPORARY SIGNS REQUIRE A PERMIT IT'S LESS LIKELY THAT YOU WOULD HAVE ADDITIONAL SIGNS BUT BUT YES THERE ARE DIFFICULTIES THAT ARE THAT WE'RE TALKING ABOUT NOW THAT ARE A RESULT OF THE CASE AND IF YOU WERE TO APPROVE A PERMIT FOR A SIGN YOU CAN'T READ THE SIGN FIRST TO EVALUATE IT FOR PERMITTING YOU CAN ONLY READ IT YOU CAN ONLY MAKE THAT DECISION BASED ON SIZE AND MATERIALS CORRECT THAT YES THAT'S MY LOCATION AND YES AND IF WE'RE TRULY GOING TO STICK TO THE TO WHAT HILTON HEAD HAS TRADITIONALLY DONE AND HAS BEEN THE CHARACTER AND THE VALUES OF THE COMMUNITY AND WHAT OUR OWN WHEREAS ON PAGE SECOND OF THIS ORDINANCE STATES THIS NEEDS TO IN MY HUMBLE OPINION TO BE REMOVED. I'M WILLING TO ASK THAT TO BE SENT BACK AND BE THROUGH FOR
[01:00:04]
FURTHER DETAIL BUT IT COULD BE SIMPLE AS BOB'S PLUMBING OR IT COULD BE SOMETHING FAR MORE NEFARIOUS AND IT'S IT OPENS UP THE DOOR AND I'M JUST POINTING THAT OUT AND I'M HOPING THAT THE MAJORITY OF THIS COUNCIL NOT ONLY THIS COMMITTEE SEES AND UNDERSTANDS IF IT'S NOT WRITTEN WE HAVE PLENTY OF HISTORY GOING THROUGH THE TOWN WITH OFFICIAL DECISIONS ETC. BECAUSE OF THE LANGUAGE WITHIN THE ORDINANCES THAT WERE AND THE LISTS THAT WERE APPROVED THE THE OFFICIAL WAS OVERTURNED BECAUSE THE WINDOW WAS O THAT PERSON WHO WAS APPEALING TO GET THEY WANTED WHICH WAS OUTSIDE OF THE INTENT OF WHAT MEANT SO THE LANGUAGE IN THE WORDING AND THAT IS VERY, VERY IMPORTANT THAT WE'RE AS SPECIFIC AND WE'VE THOUGHT THROUGH THE CONSEQUENCES WHAT WE'RE DOING AND SO WE HAVE A MOTION ON THE TABLE AND I HAVE SECOND I'M GOING TO CALL THE QUESTION AND I'M SORRY YES WE DO NEED PUBLIC COMMENT. OH MR. WILLIAMS YES. YES AND FOR ME IT'S FINE EVEN IF YOU HAVEN'T SIGNED UP IF YOU'D LIKE TO COMMENT ON THIS TOPIC WITH MADAM CHAIRMAN.THANK YOU. THANK YOU SO AND I'D POINT OUT THAT FREE SPEECH CAN BE A THORNY ISSUE AND THE SUPREME COURT HAS RECOGNIZED THAT ONE. BUT I WOULD SUGGEST ALSO THAT THE BETTER PROCEDURE Y'ALL SHOULD TAKE RATHER THAN SEND BACK TO THE STAFF IS SUGGEST SUGGEST AMENDMENTS HERE ELECTIONS AND REFERENDUM IN WHICH CITIZENS THE TOWN AND ISLAND ARE ENTITLED TO VOTE THAT NARROWS IT DOWN. BUT IF YOU'RE GOING TO ALLOW POLITICAL SIGNS DURING THAT PERIOD, HOW THEN DO YOU GO ABOUT PROHIBITING NON POLITICAL TEMPORARY YARD SIGNS? AND I WOULD POSIT TO YOU THAT IT CAN'T BE DONE LEGALLY BECAUSE THAT'S A CONTENT BASED REGULATION. I WOULD ALSO AND I HARPED ON THIS BEFORE AND I'M GOING TO HARP ON IT AGAIN IF YOU LOOK ON THE PROHIBITED SECTION I OR NUMBER 14 SIGNS THAT ARE NOT LOCATED ON THE PARCEL OF THE BUSINESS OR DEVELOPMENT IT IDENTIFIES EXCEPT SIGNS THAT ARE SPECIFICALLY ALLOWED UNDER THIS SECTION ARE EXEMPT.
HOW DO YOU TELL IF A SIGN IS LOCATED THE PARCEL OF THE BUSINESS OR DEVELOPMENT IT IDENTIFIES WITHOUT READING THE SIGN, WITHOUT JUDGING THE CONTENT OF IT THAT IS A CONTENT BASED REGULATION AND YOU'RE PURPORTING TO BE ABLE TO PROHIBIT THAT HERE WHEN THIS EXERCISE IS ALL ABOUT OH WE HAVE TO GET AROUND, GET AWAY FROM CONTENT BASED REGULATION, IT'S GOT TO BE CONTENT NEUTRAL THAT'S THAT'S A CLASSIC DEFINITION OF AN OFF PREMISE ON AND OFF PREMISES SIGNS ARE BY THEIR VERY NATURE CONTENT REGULATION.
AND I WOULD AGAIN POSIT TO YOU THAT THAT IS NOT ALLOWED. YOU CAN REGULATE THE TIME, PLACE AND MANNER THE SIZE 24 SQUARE FEET YOU COULD YOU COULD FIX THAT EASILY BY SAYING 24 SQUARE FEET PROVIDED THAT ONE DIMENSION IS NO LESS THAN FOUR FEET BECAUSE THEN YOU GET A FOUR BY SIX FLAG OR A FIVE BY WHATEVER IT IS DIVIDED 24 SO THEY'RE EASY WAYS I THINK TO FIX OR TRY TO FIX THE ISSUES THAT YOU'RE CONCERNED ABOUT WITHOUT PROLONGING THE PROCESS BY SENDING IT BACK TO THE TOWN STAFF AND THEN HAVING THEM COME UP WITH SOMETHING AND BRINGING IT BACK TO YOU TO SEE IF THAT YOU'RE HAPPY WITH THAT JUST THE STAFF RIGHT NOW WHAT YOU'RE HAPPY WITH MAKE THOSE RECOMMENDATIONS IN IN YOUR MOTION TO THE TOWN COUNCIL AND MOVE IT ON TO THE COUNCIL WITH A RECOMMENDATION FOR AMENDING IT.
I THINK THAT'S THE BETTER PRACTICE ACCORDING ACCORDING TO IF I'M NOT MISTAKEN ACCORDING TO CURTIS WE HAVE THREE OPTIONS RIGHT? YOU DO MORALS AS OF TOMORROW BUT DON'T KNOW THAT THERE'S ANYTHING THAT WOULD PROHIBIT A RECOMMENDATION FOR APPROVAL ONE ,TWO AND THREE GET DONE EITHER FOR CORRECT AND I AND I RESPECTFULLY DISAGREE IF THAT
[01:05:01]
WERE TO BE GET APPROVED TOMORROW AND THAT'S A QUESTION MARK IT'S AN AGENDA ITEM AND THERE'S MUCH DISCUSSION TO BE HAD ABOUT THAT THAT DOESN'T LIMIT US TODAY.AND I DO HEAR WHAT YOU'RE SAYING TERMS OF BEING ABLE TO IDENTIFY ALL OF THOSE POINTS AND GIVE THEM TO STAFF OR TO PUT IT INTO THE MOTION BEFORE MOVING IT ON AND ASKING THAT THOSE ARE AT THE PROBLEM WE RUN INTO HERE IS THAT WE AS A COMMITTEE ARE JUST NOW HEARING AND DEBATING THAT SO WE'RE SMART, WE'RE THINKERS ON OUR FEET BUT WE MAY NOT GET IT QUITE RIGHT. SO I THINK THE TIME ALLOWANCE FOR US TO CONSIDER THAT TO HEAR FROM OTHER PEOPLE IS IS VALUABLE TO NOT MAKING MISTAKES OR TRYING TO LIMIT THE AMOUNT OF MISTAKES WE MAKE FOR THE FUTURE. SO PERHAPS WHAT WE SHOULD BE DOING IS TABLING IT FOR NOW UNTIL WE HAVE THAT OPPORTUNITY TO THINK THROUGH THOSE DETAILS THAT YOU'VE SUGGESTED WHICH I HEARD I HEAR YOU CLEARLY ON IT MAKES SENSE SO SO HERE WE ARE AND THAT'S WHAT I YOU KNOW I THINK THAT'S WHAT OUGHT TO DO. I THINK WE OUGHT TO TABLE THIS AND I THINK WE OUGHT TO THINK ABOUT IT CAREFULLY. I THINK THE OTHER COUNCIL MEMBERS OUGHT TO THINK ABOUT IT AND THE OTHER CONVERSATION THEIR THOUGHTS TO OUR TO OURS AND WHEN WE COME BACK AGAIN BE ABLE TO DISCUSS IT FURTHER. I DON'T LIKE DELAYING THINGS AT ALL WHEN THEY'RE IMPORTANT LIKE THESE ARE BUT I ALSO DON'T WANT TO MAKE MISTAKES.
THE ONLY PROBLEM I HAVE WITH ALL DUE RESPECT OBVIOUSLY WITH THAT IS WE COULD TABLE EVERYTHING BECAUSE WE NEVER AGREE ON EVERYTHING. WELL ALL YOU WANT TO SO I HAVE ANOTHER QUESTION BUT. YEAH BUT WE CAN ALSO MOVE IT FORWARD YOUR CONCERNS AND THEN I KNOW WHEN IT GETS TO COUNCIL IT'S GOING TO GET AMENDED AGAIN BECAUSE THAT JUST SEEMS HOW THIS COUNCIL WORKS AND THAT'S THE POSITION THAT ESSENTIALLY I AM IN FAVOR OF AS MENTIONED BEFORE AND AS MR. WILLIAMS INDICATED AS WELL MOVING FORWARD SAME ADDRESS THESE A, B AND C HAVE A QUESTION MISSING ARE OR AND I SEE THAT YOU'RE TRYING TO THANK YOU I APPRECIATE YOUR THOUGHTFUL COMMENTS. ARE BANNERS CONSIDERED SIGNS OR FLAGS AND HOW ARE BANNERS CONSIDERED FIVE FLAGS SIGN OR SOMETHING ELSE? HOW DO THEY FIT IN BANNERS ARE AND CORRECT ME IF I'M WRONG BANNERS ARE EXPLICITLY PROHIBITED BY OUR CODE THEY'RE NOT CONSIDERED THEY ARE THEY HAVE A SEPARATE DEFINITION ARE NOT CONSIDERED A FLAG SO HERE WE HAVE A SITUATION I THINK I MAY HAVE MENTIONED IT EARLIER SOMEWHERE IN MY TRAVELS THIS WEEKEND AND I DIDN'T GO FAR. WE HAD A VERY DEAR FRIEND WHO IS IN THE ICU. I WAS FROM IN THE HOUSE TO THE HOSPITAL AND SO IT'S SOMEWHERE IN THAT LITTLE TRIANGLE OF TRAVEL THERE WAS A BANNER SUBSTANTIAL SIGN AND OR SUBSTANTIALLY SIZED BANNER OUTSIDE OF A BUSINESS THAT IS THAT WAS HANGING OUT ALL WEEKEND I DRIVE UP DOWN AND AROUND THE ISLAND FOR A COUPLE OF YEARS NOW AND I SEE SIGNS AND BANNERS AND FLAGS AND OUT OF COMPLIANCE SEE INCREASING NUMBERS OF LITTLE YARD SIGNS THAT SAY PARKING HERE YOU KNOW THIS THAT AND THE OTHER THING THEY'RE OPENING GRAND OPENING NONE OF THOSE ARE ACCEPTABLE WITHIN OUR CODE THEY'RE JUST NOT AND SO IS ENFORCEMENT HAD NOTHING TO DO BUT AROUND AFTER SIGNS ALL DAY AND THEY DON'T THEY'VE GOT LOTS OF THINGS TO DO AND FRANKLY MY OPINION NOT ENOUGH PEOPLE TO DO THEM ALL WE WOULD WE WOULD NOT SEE ANY OF THOSE THINGS BECAUSE THEY WOULD BE DOWN AND NOW WE'RE SEEING THIS WHICH OPENS THE FURTHER I THINK THAT AS I'VE SAID I HATE TO BE THE HORSE THAT HORSE BUT ELEANOR HAS VALUES AND CHARACTERISTICS THAT HAVE BEEN INCORPORATED OR AT LEAST PART OF THE EXPECTED VISION FROM THE BEGINNING AND THESE AND SIGNS LIMITATION ON SIGNS IS ONE OF THEM.
IT GOES AGAINST WHAT'S PROBABLY IN ONE RESPECT OR ANOTHER NOT GOOD FOR ME OR ANYONE OF US WHO ARE ELECTED OFFICIALS BUT I DON'T THINK WE SHOULD HAVE ELECTION SIGNS PERIOD THEY ARE NEVER PUT IN A PLACE WHERE THEY DO US ANY OF US ANY VALUE ANYWAY AND THEN SECONDLY TOO THAT THESE RULE REGULATIONS ARE ONLY FOR OUTSIDE OF THE GATES INSIDE OF THE GATES YOU DON'T HAVE TO WORRY ABOUT THESE THINGS. SO IF YOU DON'T READ THE ORDINANCE AND IT DOESN'T SAY THAT IT HAS CLEAR LANGUAGE IN AND IT'S NOT GOING TO IMPACT
[01:10:03]
YOU THE TWO THINGS ARE RESIDENTIAL NEIGHBORS ACROSS ISLAND OUTSIDE OF THE GATES ARE IMPACTED AND THEN THE SECOND PART TO THAT IS THE VALUE OF THE LAND FOR THIS ENTIRE ISLAND AS A WHOLE IMPACTS EACH AND EVERY ONE OF US INSIDE AND OUTSIDE THE GATES AND IF WE START DEGRADING THE VALUE OF THAT LAND BY BEGINNING TO IMPACT THE VISUAL CLUTTER AND ALL OF THOSE THINGS THAT I READ BEFORE IN A NEGATIVE WAY THEN WE'VE DEVALUED THE PROPERTY AND THE TOWN ITSELF AND SO I FEEL STRONGLY THAT THIS IS SOMETHING THAT WE CAN GIVE A LIST TO YOU HERE TODAY AND ASK AND APPROVE IT AND SEND OFF TO TOWN COUNCIL FOR FURTHER DISCUSSION.I FEEL STRONGLY THAT THIS IS SOMETHING THAT TO BE SENT BACK AND CONTINUE TO BE REVIEWED SIMPLIFY AND AND PROTECT OUR ISLAND WHILE WE WHILE WE COMPLY WITH THE SUPREME COURT RULING.
AND SO IF WE'RE ALL DONE TALKING WE HAVE A QUESTION, A MOTION AND A SECOND ON THE TABLE ON THE CALL THE OH NO OH I'M SORRY PUBLIC COMMENT. YES MA'AM I KNOW.
SO LIKE IT'S JUST GOING ON AND ON AND ON. PUBLIC COMMENT PLEASE.
DO YOU HAVE SOMETHING YOU NEEDED AFTER GOING THROUGH PUBLIC OKAY MAKE SURE WE WHEN WE WALK AWAY FROM THE PODIUM TODAY THAT WE HAVE THE CLARITY WE NEED WHETHER IT'S IT'S SOMETHING MOVING ON THE TOWN COUNCIL OR WHETHER IT'S SOMETHING WE'RE GOING TO GO BACK AND LOOK AT. I WOULD MAKE SURE WE HAVE DECLARED HIS WE HAVE SOME NOTES I JUST WANT TO RUN THROUGH. WELCOME. THANK YOU.
KATIE HENDERSON HILTON HEAD PLANTATION I'M GOING TO READ THIS TO YOU BECAUSE IT JUST I WANT IT ALL IN THERE AND I'LL FORGET IT. SO HERE GO.
SORRY. OKAY. HAVING WORKED ON A LOCAL CAMPAIGN THIS PAST FALL I ENCOUNTERED AN ENTIRELY NEW LEVEL OF ELECTION SIGN RELATED CHAOS UNLIKE ANYTHING EXPERIENCED IN MORE THAN DECADES OF CAMPAIGNING WITH 12 TO 15 CAMPAIGNS UNDER MY IN ANOTHER STATE I'M NO STRANGER TO THE UPS AND DOWNS OF LOCAL ELECTIONS BUT WHAT WE FACED HERE WAS DIFFERENT BOTH CANDIDATES HAD LIVED ON THE ISLAND FOR OVER 40 YEARS AND NATURALLY THEY SHARED MANY PERSONAL AND PROFESSIONAL RELATIONSHIPS ACROSS THE COMMUNITY. THAT'S WHY THIS SITUATION WITH CAMPAIGN SIGNAGE WAS SO SURPRISING AND DEEPLY CONCERNING START GUYS REPEATEDLY REPLACED THE SIGNS ONLY AFTER OBTAINING CLEAR PERMISSION FROM PROPERTY OWNERS BOTH RESIDENTIAL AND COMMERCIAL YET WITHIN A DAY OR TWO THOSE SIGNS WERE REMOVED AND REPLACED BY SIGNS FOR THE OPPOSING CANDIDATE. WHEN WE UP THE EXPLANATIONS WERE RECEIVED VARIED WIDELY. SOME SOME SAID THAT THEY HAD CHANGED THEIR MINDS.
OTHERS CITED PRESSURE. BUT A COMMON THREAD EMERGED. PEOPLE WERE BEING BULLIED IN RESIDENTIAL CASES. LANDLORDS REPORTED THREATENED TENANTS WITH THE LOSS OF THEIR LEASES IF THEY ALLOWED SIGNS. COMMERCIALLY, BUSINESS OWNERS SHARED THAT THEY WERE BOMBARDED WITH RESIDENTS THAT SAID THEY WOULD NO LONGER SHOP THERE. OPPOSING SIGNS REMAINED UP THE PRESSURE TACTICS, INTIMIDATION AND FEAR RELATED TO SOMETHING AS SIMPLE AS A CAMPAIGN SIGN.
THESE ARE ANYTHING I HAVE EVER WITNESSED BEFORE. I HAD A LITTLE TINY ISLAND.
I WAS SHOCKED AT THE HEART OF DEMOCRACY IS FAIRNESS THE FREEDOM TO CHOOSE TO EXPRESS AND TO ENGAGE IN CIVIL DISCOURSE. IF SIGNS ARE ALLOWED THEY SHOULD BE ALLOWED FOR EVERYONE AND IF THEY ARE NOT THEN THE RULES SHOULD APPLY EQUALLY TO EVERYONE. THAT'S THE ONLY WAY TO REMOVE THE BURDEN FROM RESIDENTS AND BUSINESS OWNERS AND TO A SENSE OF INTEGRITY AND FAIRNESS TO OUR ELECTIONS.
AND AS A SIDE NOTE, I SENT AN EMAIL TO THE MAYOR AND TO TOWN MANAGER.
TO NO AVAIL. ALSO TO THE. AND I THOUGHT AT LEAST HERE MAYBE WE COULD HAVE A CONVERSATION ABOUT THAT. THANKS.
THANK YOU. IS THERE ANYONE WHO WOULD LIKE TO SPEAK ON THIS TOPIC? YES. I DIDN'T SIGN UP. MY NAME IS LINDA HARRINGTON AND TO GO THIS DOESN'T IMPACT ME OTHER THAN DRIVING MARSLAND ROAD AND SEEING ONE AFTER
[01:15:01]
ANOTHER AFTER ANOTHER OF THESE SIGNS TO ME IT'S VISUAL POLLUTION.IT'S THAT SIMPLE. THE THING I HAVE THE BIGGEST PROBLEM OUT OF ALL OF THESE LIMO CHANGES YOU'RE ALL COMING UP WITH NO COAT . WHY DO YOU KEEP JIGGLING THE OLD CODES? IT SEEMS ME WHEN I ATTEND THESE MEETINGS THEY ARE BIG PLANNING WHATEVER. PEOPLE ARE TRYING TO SHOEHORN AN APPLICATION INTO THE EXISTING CODE WHICH PRODUCES AMENDMENTS. I DON'T KNOW HOW ANYBODY COULD READ THAT CODE ANYMORE FRANKLY. IT'S SO CONVOLUTED AND DISJOINTED AND THE BEST POSSIBLE AND PLANNING TOOL THAT THIS TOWN HAD WAS THE. WHAT HAPPENED TO THE FLOOR AREA RATIO. WHERE DID IT GO? I DON'T AS A CITIZEN I HAVE NO CLUE WHAT HAPPENED TO THIS BUT I KNOW THAT YOU CLEARLY THREW A VERY USEFUL TOOL.
I USED IT MANY TIMES. IT WORKED. MIGHT NOT HAVE BEEN PERFECT A WE DIDN'T JIGGER THE CODE LIKE YOU ARE DOING. SO I WOULD SAY SEND IT BACK, GET IT TOGETHER AND THEN VOTE ON IT BECAUSE YOU ALL DO THIS AND SEND IT ON TO COUNCIL THEN GOING IT RIGHT THEN AND THERE. IT'S RIFE FOR ERRORS AND THAT'S ALL ELSE.
ARE THERE ANY OTHER COMMENTS? ALEX BROWN THANK YOU FOR THE OPPORTUNITY MADAM CHAIR.
I SIMPLY WANT TO ASK THAT STAFF RESPOND HOW THIS PARTICULAR WILL OR WILL NOT ADDRESSED THE RECOMMENDATION COMING OUT OF THE GALAXY TASK FORCE. AS FAR AS TEMPORARY SIGNAGE IS CONCERNED FOR NEWER MEMBERS OF COUNCIL I JUST WANT TO USE THIS SMALL OF HOW THIS A YOU CAN CURRENTLY PROVIDE A TEMPORARY SIGN ON YOUR PROPERTY IF YOU WANT TO SELL IT.
A REAL ESTATE AGENT CAN DO SO MANY YEARS AGO A GULLAH PROPERTY OWNER WAS ADDRESSED ABOUT HAVING A SIGN OUT WHEN THEY WANTED TO SELL COLLARD GREENS DURING GROWING SEASON.
SO THERE WAS A RECOMMENDATION COMING OF THE TASKFORCE THAT THERE'D BE CONSIDERATION WITHIN THE GULLAH THAT SUCH SIGNAGE BE ALLOWED AS PEOPLE WANT TO OFFER THEIR GOODS.
I USE COLLARD GREENS AS THE EXAMPLE BUT THE OTHERS SO I JUST ASKED THE RESPOND TO THIS AS WE ARE TALKING ABOUT SIGNAGE AND IF IT IS IN THIS REALM THEN AS WE GO FORWARD WITH AMENDMENTS AND THE OVERHAUL HOW WILL IT BE ADDRESSED? THANK YOU.
ARE THERE ANY OTHER. I JUST WANT TO RECOGNIZE THAT WE ALSO HAVE COUNCILWOMAN MELINDA TURNER AND THE GALLERY HERE WITH CHAMBERS HERE WITH US TOO.
GOOD MORNING. GOOD MORNING. ONE POINT OF CLARIFICATION AND THEN A COMMENT. SO BEING NEW THESE PROCESSES I'M ALWAYS WANTING TO UNDERSTAND THIS AFFECTS THE PWDS. SO IF PWDS HAVE MORE RESTRICTIVE RULES THAT'S OKAY. OR DO THEY HAVE TO BE A MINIMUM OF WHAT? THIS I'M JUST TRYING TO UNDERSTAND TYPICALLY THE MOST RESTRICTIVE RULE PREVAILS BUT ALL THAT STUFF ADDRESS A QUESTION. YES NO PROBLEM.
I'M ALWAYS WANTING TO UNDERSTAND AS WE MAKE THESE ELEMENT CHANGES WHAT IS THE IMPACT TO POUNDS. SO PWDS TYPICALLY HAVE MORE RESTRICTIVE RULES NOT ALWAYS SO IS IT OKAY IF THEY HAVE MORE RESTRICTIVE RULES? OR DO THEY NEED TO MEET THE MINIMUM OF THE RULES? I'M JUST TRYING TO UNDERSTAND HOW IT IMPACTS THOSE AREAS.
SO THAT'S A QUESTION AND THEN I HAVE A COMMENT AFTER THAT. SO AS AS RELATES TO FEUDS
[01:20:01]
DISPUTE OUR CODE IS THE STANDARD THE PARTIES CAN ALWAYS MORE RESTRICTIVE CODE .OUR CODE AS IT RELATES TO BEAUTY IS ALSO PWDS TO HAVE SOME OF THE SIGNAGE THAT YOU OFF SITE OR HAVE ID SIGN UP AT THE OTHER GATES OVER THE ENTRANCES OFF WILLIAM HILTON PARKWAY AND OTHER ROADWAYS. BUT GENERALLY OUR CODE PREVAILS.
THEY ALWAYS BE MORE RESTRICTIVE . SO TO REPHRASE THAT AS A MINIMUM THEY NEED TO THESE REQUIREMENTS BUT THEY CAN GO OVER AND ABOVE THEM BY BEING MORE RESTRICTIVE. OKAY. THANK YOU.
THAT IS HELPFUL. AND THEN LASTLY IT'S IN REGARDS TO MAKING CHANGES TO ITEMS THAT COME UP FOR A VOTE AS PEOPLE HAVE LEARNED MORE ABOUT ME, I'M A VERY THOUGHTFUL AND I LIKE TO READ MATERIALS AND READ THE CHANGES AND ALSO JUST BECAUSE OF WHAT IS BEING SAID BUT THE CONNECTION TO OTHER PARTS OF OF THE PROPOSAL. SO WHEN YOU MAKE A CHANGE IN ONE AREA THERE MAY BE A CONNECTION TO ANOTHER AREA AND I LIKE TO MAKE THOSE CONNECTIONS I THINK THAT'S IMPORTANT SO THAT YOU DON'T END UP WITH ITEMS THAT CONFLICT.
AND SO I FIND IT DIFFICULT TO GO IN MAKE MAJOR AMENDMENT CHANGES TO ITEMS AS THEY'RE BEING VOTED. AND YOU KNOW, I CAN GIVE YOU SOME EXAMPLES OF WHERE CHANGES WERE AGREED UPON BUT THEN THERE'S CONVERSATION IN THE BACK ABOUT OKAY, THIS WHAT IT LOOKS LIKE. AND I DON'T THINK THAT'S FAIR. SO I BELIEVE IF YOU HAVE MAJOR CHANGES THAT YOU WANT TO MAKE IT GETS VERY CONFUSING NOT ONLY FOR TOWN COUNCIL MEMBERS TO MAKE ALL THOSE CONNECTIONS BUT ALSO THE PUBLIC TO COMPLETELY UNDERSTAND WHAT IT IS THAT YOU'RE CHANGING. SO THAT'S JUST MY ON THAT. TO SUMMARIZE THAT IF I CAN GLENDA BEFORE YOU WALK AWAY, WHAT YOU'RE SAYING IS THAT THE WORK THAT NEEDS TO BE DONE IS AT THE COUNCIL AT COMMITTEE LEVEL AND THOSE CHANGES THEN NEED TO BE SENT OUT SO THAT EVERYONE CAN READ THOSE CHANGES ,ASSESS THEM AND THEN BE READY TO VOTE ON THEM RATHER THAN SENDING IT TO TOWN COUNCIL WHERE WE HAVE TO GO THROUGH THAT DEBATE AND THEN TRY TO QUICKLY ASSIMILATE IT AND TAKE A VOTE ON IT. IN THAT MOMENT I THINK IT WORKS FOR BOTH YOU KNOW WHEN IT'S MAJOR. YEAH.
OKAY. YEAH. I ASK A A PROCEDURAL ITEM COURTESY. SO IF IF WE VOTE ON THIS MOTION AS IT'S PRESENTED AND IT PASSES IT GOES ON THE COUNCIL IF WE VOTE ON THIS MOTION AND IT DOESN'T PASS AND THERE'S ROOM FOR ANOTHER MOTION. IS THAT CORRECT? YES.
OKAY. I MEAN IF I MIGHT ADDRESS THE COMMENTS COUNCIL PERSON JUST MADE. IF TOWN COUNCIL DETERMINES THAT THE TEXT OF THIS OR ANY OTHER MATTER THAT COMES BEFORE TOWN COUNCIL IS SOMETHING IS NOT YET READY FOR TOWN COUNCIL TO ACT ON THE TOWN COUNCIL CERTAINLY DIRECT THAT IT BE CHANGED AND WORKED ON.
THE DIFFERENCE THAT THINK IS A SIGNIFICANT DIFFERENCE IS IS THAT IN THAT INSTANCE THE DECISION IS BEING MADE BY THE TOWN COUNCIL AND THAT IS THAT IS MY POINT HERE AND I WOULD QUESTION THEN WHY DO WE HAVE COMMITTEES ALL LEVELS OF GOVERNMENT WORK THIS WAY IN THIS TOWN HAS ALWAYS IN THIS MANNER AND SO THE CHANGE THAT YOU'RE SUGGESTING IS IS NOT CONSISTENT WITH ANY OF THAT AND THEN DOES RAISE THE QUESTION WHAT ARE WE DOING? SO THERE IS A MOTION ON THE TABLE AND IF SOME DAY AT THIS POINT YOU BE SO KIND TO READ IT BACK TO US OUR OFFICE. I'VE GOT MORE. THAT'S OKAY.
THAT'S FINE. ABSOLUTE QUESTION. SURE OKAY.
SO CURRENTLY THE CURRENT SIGN CODE ALLOWS SANDWICH BOARDS AND ,CHALK BOARDS AND THERE ARE NO CHANGES THAT ARE PROPOSED TO PARTICULAR SIGN TYPE AND THE SIGN IN THE GO AND KEY TO PROJECT REPORT. SORRY IT'S ON PAGE NINE. OH ALL THE WAY UP HERE.
I GO TO IT SO YOU CAN SEE THAT IT'S NOT BEING STRUCK THESE GUYS.
[01:25:04]
SO THIS SIGN TYPE ON THE SCREEN SANDWICH BOARDS AND CHALKBOARDS IS SIMILAR TO SIGN TYPE IN THE KEY TO PROJECT PRESERVATION REPORT. AND THOSE PROTOTYPE SIGNS THAT WERE CREATED TO MEET THE RECOMMENDATION WITHIN THAT PLAN WOULD FALL WITHIN THIS SIGN TYPE AND IT IS NOT PROPOSED TO BE CHANGED IN ANY SIGNIFICANCE. SO JUST WANTED TO MAKE SURE THAT THAT WAS ANSWERED. THANK YOU. THANK YOU FOR THAT.AND THEN AS YOU WERE FLIPPING THROUGH AND I KNOW I MENTIONED IT TO YOU AND TO TOUCH ON PREVIOUSLY IN OUR CONVERSATION BUT STEVE YOU BROUGHT UP THE IDEA OF SIGNAGE, EXAMPLES OF SIGNS. AND AS YOU LOOK THROUGH OUR PACKET TODAY I'M SURE YOU NOTICED AND THAT SOME OF THOSE EXAMPLES ARE NOT FROM HILTON HEAD THEY FROM OTHER PLACES OFF HILTON HEAD AND I THINK THAT ANYTHING THAT'S WITHIN OUR CODE AND WITHIN OUR ORDINANCES THAT IDENTIFY WHAT IT IS THAT WE EXPECT HERE AND WHAT IS ALLOWED HERE ON HILTON HEAD SHOULD BE PHOTOS OR SUCH LOCATED ON HILTON HEAD AND NOT ELSEWHERE.
SO ON THE LIST OF THINGS THAT'S ONE OF THEM. THAT'S ANOTHER ONE OF THEM.
SO DID YOU HAVE A COMMENT? CAN YOU BE SURE YOU WANT TO DO THAT? SURE. THAT WOULD BE FANTASTIC. I JUST WANT TO MAKE SURE WE'RE ON THE SAME PAGE. SURE. REGARDLESS OF WHAT HAPPENS WITH THIS MOTION OR A FUTURE MOTION AND I JUST WANT TO SAY AS YOU'RE READING THAT THAT THERE ARE OTHER COMMENTS THAT PEOPLE I'M SURE ONCE THEY'VE BEGUN TO THINK ABOUT THIS THAT SHOULD BE ADDED TO THIS LIST FOR CONSIDERATION FUTURE CONSIDERATION.
AND I HAVE QUESTION ON ONE OF THOSE ITEMS SO I'LL NEED A LITTLE BIT MORE DIRECTION.
FIRST OF ALL, WHAT WE'VE HEARD AND A LOT OF THE CONVERSATION WAS WAS CENTERED ON TEMPORARY DRIVEWAY SIGNS. SO WHAT SOME OF MY NOTES AND CERTAINLY STAFF CAN CHIME IN THAT'S OVER ON THE SIDE TABLE. THEY ARE MINUTES BUT NO DEFINITION OF ELECTIONS WE NEED TO FIGURE OUT WE NEED TO EXPLORE A DEFINITION WHAT ELECTION IS TO HELP EMPOWER OR HELP AFFECT THE THE TEMPORARY SIGN ORDINANCE AS IT RELATES TO ELECTIONS THERE'S NO DIMENSIONS PROVIDED IN THE CODE FOR THIS AS IT RELATES TO TEMPORARY SIGNS AND FLAGS.
SO LET'S BE DELIBERATE AND PICK A DIMENSION. LET'S PICK A SIZE WHETHER IT'S 5000 SQUARE FEET OR NINE SQUARE FEET OR THREE SQUARE FEET PICK A SIZE WHAT WE HEARD.
BUT THEN ALSO FOR SOME OF THOSE ITEMS LET'S PICK DIMENSION SO WE CAN IN THE EXAMPLE I THINK SPECIFICALLY WAS A FLAG ALLOWED 24 SQUARE FEET. THERE ARE SIX BY FOUR FLAGS BUT THERE'S ALSO A PROBABLY 12 BY TWO FLAGS. LET'S BE DELIBERATE AND EXPLAIN WHAT WE MEAN. WE SAY THAT DIMENSION. LOOK AT THE PROVISION FOR DRIVEWAY SIGNS. WHETHER OR NOT THAT SHOULD BE TWO SIGNS OR SOMETHING LESS OR WHAT A DRIVEWAY SIGN IS AND IS NOT. AND I THINK THAT COMMENT KIND OF RAN THROUGH THE BALANCE OF THE CODE . LET'S MAKE LET'S BE VERY INTENTIONAL WHEN WE GO BACK THROUGH THE CODE TO UNDERSTAND THE IMPACTS ARE WHERE THERE MAY BE SOME CHANGES THAT ARE UNINTENDED CONSEQUENCES AS I MENTIONED PICK A SIZE AND SOME AND RENDERINGS TO HELP WITH THE EXPLANATION OF WHAT WE WANT AND DON'T WANT WHAT WE LIKE AND DON'T LIKE WHICH YOU CAN SEE SOME EXAMPLES IN THE CODE ALREADY WITH THOSE EXAMPLES THERE ARE SOME EXAMPLES THAT ARE NOT FROM HEAD WE WILL REPLACE THOSE WITH HILTON HEAD EXAMPLES IN PUBLIC COMMENT WE HEARD ABOUT PROHIBITED SIGNS BEING WHETHER OR NOT OF HOW DO WE REGULATE OFFSITE SIGNS BECAUSE WE HAVE TO WRITE WE HAVE TO READ THE SIGN TO DETERMINE IF OFFSITE SO WE NEED TO THINK THROUGH THAT MAY NOT NECESSARILY IN A CHANGE BUT MAKE SURE THAT WE ARE ON THE SAME PAGE WITH WITH LEGAL COUNSEL ABOUT THE EFFECTIVENESS OF THAT PROVISION ONE THING THAT WAS TALKED ABOUT BUT DON'T HAVE A CLEAR DIRECTION ON IS THE TIMING OF ELECTION SIGNS. SO WE TALKED ABOUT 90 DAYS. WE TALKED ABOUT MAYBE DON'T ALLOW ELECTION SIGNS. WE'VE TALKED ABOUT MAYBE A TIGHTER TIME FRAME.
I DON'T HAVE ANY SPECIFIC FEEDBACK ON ON WHAT TO DO WITH THE TIMING OF ELECTION SIGNS SO THAT'LL BE IMPORTANT. THE OTHER THING I HEARD WAS THAT STAFF TOO BASED ON ALL THESE COMMENTS THAT I JUST LAID OUT THAT WE GO WITH THE ENTIRETY OF THE CODE AND SEE HOW I BELIEVE ONE OF THE COUNCIL MEMBERS MENTIONED THAT WHAT'S WHAT'S THE TRICKLE DOWN IMPACT OF MAKING SOME OF THESE SO RUN THROUGH THE ENTIRE CODE TO MAKE SURE WE UNDERSTAND WHAT SOME OF THOSE CHANGES ARE AND I'LL END WITH JUST A COMMENT AS IT RELATES TO WHAT WE TRIED TO DO WHICH WAS TO MAKE THIS CODE COMPLIANT WITH THE CASE FROM 2015, WHICH IS TO ELIMINATE THE THE CONTENT RELATED PROVISIONS OF THE ORDINANCE VERSUS SOME OF THESE OTHER THINGS THAT WE'RE TALKING ABOUT HERE. WE WERE DIRECTED AND ESSENTIALLY WE WERE AUTHORIZED. THAT'S HOW I LOOK AT IT. WE WERE TO GO IN AND MODIFY
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THIS CODE TO ADDRESS THE CONTENT RELATED AS WE START TO MOVE BEYOND THAT START TO NOW THINK ABOUT DIMENSIONS AND OTHER ITEMS WE'RE DRIFTING AWAY FROM THAT A LITTLE BIT AND KEEP IN MIND THAT WE ARE REWRITING THE ELEMENT AS WE SPEAK. WE'RE MAKING SOME GOOD PROGRESS ON THAT AND PART OF A BIG COMPONENT THAT PROJECT IS GOING TO BE TAKING A LOOK AT COMPREHENSIVE AT OUR AT OUR SIGN CODE SO WE'RE JUST NOT TALKING ABOUT CONTENT REAL RELATED REGULATIONS. WE'RE GOING TO TALK ABOUT WHAT A FREESTANDING SIGN AND DO SOME OF THESE THINGS THAT WE'RE TALKING ABOUT TALKING ABOUT HERE.SO KEEP IN MIND THAT THAT THAT IS GOING IN THE BACKGROUND AT SOME POINT WE ALSO TALK TABLE WE CAN ALSO JUST GET THROUGH OUR ALAMO UPDATE AND THE REST OF THESE THINGS AS PART OF THE ALAMO UPDATE AS WELL. SO ALONG THAT THANK YOU SEAN. THANK YOU MISSY THANK YOU FOR LISTENING FOR ALL OF THE COMMENTS THAT WERE MADE HERE. I THINK THAT ON PAGE 11 OF 11 THE PROPOSED TESTIMONY ALIGNS WITH THE REVIEW PARTICULAR REVIEW CRITERIA AND ON NUMBER FOUR IT SAYS IT'S IT IS CONSISTENT WITH THE ZONING DISTRICTS THE ORDINANCE BY ENSURING HIGH QUALITY AND VISUAL UNOBSTRUCTED SIGNAGE. AND I THINK THAT THE QUESTIONS RAISED HAVE TO ALSO RELATE TO WHETHER OR NOT INDEED THIS REVIEW HAS BEEN MET AS ONE EXAMPLE. SO SUNDAY IF YOU WILL BE SO KIND AND READ BACK THE MOTION THAT'S UNLESS THERE'S ANY OTHER CONVERSATION WITH THE MOTION THAT IS BEFORE US AMENDED THE AMENDED YES MA'AM MOTION SORRY THE MOTION AMEND WAS TO SEND BACK TO STAFF FOR REVISIONS AND BACK TO SEE SPC FOR REVIEW AND CONSIDERATION AND THAT WAS CONTAINED AND TO CALL THE VOTE ALL IN FAVOR OPPOSED OKAY SO THAT MOTION FAILS AND DO WE HAVE ANOTHER NO NOW YOU VOTE ON THE MAIN MOTION THAT ALFORD MADE WHICH WAS TO FORWARD WITH A RECOMMENDATION FOR APPROVAL.
I WOULD LIKE TO AMEND THAT MOTION IF I MAY TO INCLUDE A REQUEST AND STAFF ADDRESSED THE ISSUES WHICH SHAWN RAISED PRIOR TO THE MATTER GOING TO COUNCIL IS THERE A SECTION FOR THAT AMENDMENT AS ONE DOES THE SECOND OF THE FIRST MOTION AGREE AGREE AND SO THE THE ANY CONVERSATION ON THAT SO I'LL MAKE POINT OR TRY TO MAKE A POINT AND THAT POINT IS THAT WE HAVE ALL SAT ON THIS TOWN COUNCIL GUYS DURING TOWN COUNCIL MEETINGS WHEN THINGS NOT BEEN PROPERLY VETTED AS TRADITION AND CUSTOM HAVE HAVE BEEN IN THE PAST HAVING GONE THROUGH COMMITTEE UNTIL IT WAS TO A POINT THAT WE WANTED TO MOVE IT FORWARD IN AN EASY UNDERSTANDABLE WAY FOR A VOTE AND NOW INSTEAD PRACTICE HAS BECOME THAT WE BRING SOMETHING THAT HASN'T BEEN THOROUGHLY VETTED THROUGH THE COMMITTEE AND WE SIT UP HERE FOR HOURS AND PUBLICLY DEBATE IT AND WORK IS DONE IN THE WRONG PLACE AT THE WRONG TIME AND CREATES MORE DRAMA AND MORE CONFUSION FOR THE RESIDENTS AND FOR US AS WELL BECAUSE WHILE WE ARE SMART AND WE QUICK THINKERS THERE DOES TAKE SOME TO BE ABLE TO ANALYZE AS COUNCILWOMAN TURNER HAS MENTIONED, THE IMPACT OF ONE SECTION ON ANOTHER SECTION IN THAT IMMEDIATE TIME FRAME. AND SO THAT'S MY COMMENT AS YOU ALL THINKING ABOUT THIS PARTICULAR MOTION AND WITH THAT THERE'S A FIRST AND A SECOND ALL IN FAVOR AND OPPOSE IT AND IT PASSES PASSES AND THEY GO ON TO THE NEXT ITEM ON OUR AGENDA IS A CONSIDERATION OF AN
[5.c. Consideration of an Ordinance of the Town of Hilton Head Island, to Amend Chapter 16 of the Municipal Code, the Land Management Ordinance, to amend the Current Regulations for the Measure of Height and Setback Encroachments for Residential and Nonresidential Development to Include Land Management Ordinance Sections 16-3-106, 16-5-102 and 16-10-102, and Providing for Severability and an Effective Date - Missy Luick, Director of Planning]
ORDINANCE OF THE TOWN OF HEAD ISLAND TO AMEND CHAPTER 16 OF THE MUNICIPAL CODE LAND MANAGEMENT ORDINANCE TO AMEND THE CURRENT FOR THE MEASUREMENT OF HEIGHT AND SET BACK ENCROACHMENTS FOR RESIDENTIAL NON RESIDENTIAL DEVELOPMENT AND TO INCLUDE LAND MANAGEMENT[01:35:06]
ORDINANCE SECTION 16 310 616 5122 1610 102 AND PROVIDING FOR SEVERABILITY AN EFFECTIVE DATE AND MITZI LEWIN DIRECTOR OF PLANNING IS WITH US THANK YOU.THANK YOU MR. CAN . ALL RIGHT.
SO WE'RE BACK FOR SO WE'RE BACK WE'RE BACK IN ORDER HERE FOR OUR LAST ORDINANCE IT'S A CONSIDERATION OF AN ORDINANCE OF THE TOWN OF HILTON HEAD ISLAND TO AMEND 16 CHAPTER 16 OF THE MUNICIPAL CODE THE LAND MANAGEMENT ORDINANCE TO AMEND THE CURRENT REGULATIONS FOR MEASUREMENT OF AND SETBACK ENCROACHMENTS FOR RESIDENTIAL NONRESIDENTIAL TO INCLUDE LAND MANAGEMENT ORDINANCE SIX SECTIONS 1630 106 16 FIVE ONE OR TWO 1610 102 AND PROVIDING FOR SEVERABILITY INFECTED DATE THANK YOU MESSAGE THANK YOU AS STATED THIS AMENDMENT COVERS CHANGES THE MEASUREMENT OF HEIGHT AS WELL AS SET BACK ENCROACHMENT.
AGAIN THIS IS ALL PART OF THAT GROWTH MANAGEMENT STRATEGY PRIORITY OF TOWN COUNCIL AND IS PART OF OUR PRIORITY AMENDMENTS SET IN SEPTEMBER WE REVIEWED THIS INFORMATION IN A TOWN COUNCIL WORKSHOP AND THESE CHANGES WERE DISCUSSED AS IN TWO PARTS ONE WAS RELATED TO RESIDENTIAL MASS AND SCALE AND THE OTHER WAS RELATED TO COMMERCIAL OR NONRESIDENTIAL MASS AND SCALE WITH. SOME SIMILARITIES IN THE DIRECTION THAT WE RECEIVED FROM COUNCIL BUT BUT HERE IT IS SO FIRST FOR RESIDENTIAL THAT THE CHANGES NEED TO APPLY TO EXISTING SUBDIVISIONS WHERE POSSIBLE CURRENT BUILDING HEIGHTS ARE TOO HIGH.
THERE NEEDS TO BE MORE LIGHT AIR SEPARATION BETWEEN UNITS NEED TO INCREASE SETBACKS AND ITEM FOUR NEED TO ESTABLISH MINIMUM LOT SIZES THAT BE COVERED DURING THE FULL CODE OVERHAUL THE THE DIRECTION RECEIVE FROM COUNCIL RELATED TO NON RESIDENTIAL OR COMMERCIAL MASS AND SCALE WAS THAT CURRENT BUILDING HEIGHTS ARE TOO HIGH THERE NEEDS TO BE MORE LIGHT AIR AND SEPARATION BETWEEN UNITS NEED TO INCREASE SETBACKS, NEED TO ESTABLISH MINIMUM LOT SIZES AND THAT THERE SHOULD BE A RELATIONSHIP BETWEEN HEIGHT AND TO THE STREET AND BOUNDARIES LIKE CLOSER TO THE STREET FOR EXAMPLE THE PLANNING COMMISSION HEARD THE AMENDMENT THAT'S BEFORE YOU TODAY IN MAY AT A PUBLIC HEARING AND VOTED UNANIMOUSLY TO AFFORD THIS TWO TOWN COUNCIL. AS YOU ARE AWARE, MASS AND SCALE OF RECENT DEVELOPMENTS HAS BEEN A CONCERN FOR BOTH RESIDENTIAL AND NONRESIDENTIAL DEVELOPMENT ON OUR ISLAND AND NEW NEW BUILDINGS OR DEVELOPMENT WHEN THEY GO UP OR OUT OF CHARACTER WITH THE EXISTING CONTEXT OF THE NEIGHBORHOOD WITH WITHIN THEIR BUILT THIS AMENDMENT DOES ADJUST HOW HEIGHT IS MEASURED AND IT REDUCES THOSE ALLOWABLE SET BACK ENCROACHMENTS CURRENT REGULATIONS REQUIRE BUILDING HEIGHTS ARE MEASURED RELATED TO FLOOD ZONE ELEVATIONS WHICH EFFECTIVELY CAN THE ALLOWABLE HEIGHT OF A BUILDING DEPENDING ON WHERE YOU'RE MEASURING FROM ESPECIALLY WHEN THAT IS NOT MEASURED FROM.
SO THIS AMENDMENT CHANGES WHERE WE ARE MEASURING AND IT'S NO LONGER FROM EITHER 13 OR 11 RELATED TO THAT FLOOD ZONE DESIGNATION 13 FOR 13 FEET FOR RESIDENTIAL OR 11 FOR COMMERCIAL BUT CHANGES IT TO MEASURE FROM PRE-DEVELOPMENT THIS PROVIDES A MORE ACCURATE REPRESENTATION THE BUILDING SCALE RELATIVE TO THE SURROUNDING LANDSCAPE AND THERE ARE NO CHANGES TO ANY OF OUR BUILDING HEIGHT DIMENSION REQUIREMENTS.
IT'S JUST HOW WE MEASURE HEIGHT IS WHAT IS PROPOSED IN THE CHANGE.
ADDITIONALLY THERE ARE OUR CURRENT REGULATIONS ALLOW PROJECTIONS AND ENCROACHMENTS OF SETBACKS AND THIS AMENDMENT PROVIDES MORE SEPARATION BETWEEN BUILDINGS AS MANY OF THOSE ALLOWABLE SETBACK ENCROACHMENTS ARE ELIMINATED OR REDUCED AND SOMETIMES THE EXTENT IS REDUCED. SO THE AMOUNT THE MEMO GO THROUGH HOW WE ANALYZE THESE CHANGES TO MAKE SURE THAT THERE IS AWARENESS OF THESE CHANGES AND HOW THEY WILL IMPACT DEVELOPMENT. SO BECAUSE YOU'RE MEASURING HEIGHT DIFFERENTLY IT AFFECTS BOTH THE OVERALL BUILDING HEIGHT AND THEN WHERE WE MEASURE SETBACK ANGLE IT DOESN'T CHANGE THAT THAT ANGLE OF THE SETBACK ANGLE THAT'S REQUIRED JUST WHERE MEASURING
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WHERE THAT SETBACK ANGLE BEGINS. SO AGAIN IT CHANGES THE ELEVATION ABOVE THE GROUND WHICH THE SETBACK GOAL IS MEANT IS MEASURED AND THIS DIAGRAM SHOWS AN EXAMPLE OF OF OF SOME OF THE CHANGES WHERE CURRENTLY IF WE ARE MEASURING BUILDING HEIGHT AND THE SETBACK ANGLE IF IT WAS AT 13 FEET SO THE BLUE LINE THE SETBACK ANGLE WOULD START ANGLING RIGHT HERE AT 20 FEET ABOVE 13 WITH THE CHANGE WE'RE GOING TO MEASURE FROM GRADE. SO YOU'RE GOING TO START THIS RED LINE AND YOU CAN SEE THAT THAT 20 FEET IS WHERE THAT SETBACK ANGLE PICKS UP AND THAT THERE WOULD BE A PORTION OF A STRUCTURE THAT WOULD NO BE ALLOWABLE BECAUSE IT'S WITHIN THAT SETBACK ANGLE.SO THIS MEASUREMENT OF HEIGHT BOTH POTENTIALLY THE OVERALL HEIGHT OF THE STRUCTURE BUT ALSO THAT SETBACK ANGLE REQUIREMENT HERE AND SO AGAIN RIGHT NOW IT'S 13 FEET FOR RESIDENTIAL PROPERTIES. IT'S 11 FEET FOR COMMERCIAL PROPERTIES, NONRESIDENTIAL DEVELOPMENT AND SO BANK ANGLES ARE MEASURED FROM 20 FEET AND THEN WHICHEVER PRESCRIBED ANGLES AND THOSE ANGLES CHANGE DEPENDING ON THE ADJACENT USES OR THE ADJACENT STREET THAT THAT IT IS NEAR. BUT THAT'S HOW SETBACK ANGLES WORK.
THAT'S HOW THIS CHANGE COULD AFFECT THE SETBACK AND GO REQUIREMENTS AND ADDITIONALLY THERE ARE A NUMBER OF ALLOWABLE ENCROACHMENTS WITHIN OUR SETBACK ENCROACHMENT AND WHILE THE CLOSEST POINT OF A BUILDING IS SUBJECT TO THE MINIMUM SETBACK FROM THE PROPERTY LINE AND THE SETBACK ANGLE THERE ARE CERTAIN ARCHITECTURAL ELEMENTS CAN CURRENTLY EXTEND INTO THE SETBACK WITH LIMITATIONS. SO IF A SIDEWALL OF A HOME IS BUILT TO THE SETBACK LINE BAY WINDOW MAY EXTEND UP TO TWO FEET IN A SETBACK IF NOT MORE THAN NINE FEET WIDE.
THERE ARE ALSO OTHER ENCROACHMENTS SUCH AS OPEN BALCONIES, UNCOVERED DECKS AND PORCHES WHICH ARE PROPOSED TO BE STRUCK FROM THE CODE AND THOSE WOULD REDUCE ALLOWABLE ENCROACHMENTS ITEMS LIKE EAVES AND BAY WINDOWS AND AWNINGS ARE PROPOSED TO BE RETAINED IN THE TABLE WITH A REDUCED EXTENT AND AND THEN OTHER ARCHITECTURAL ELEMENTS ARE PROPOSED TO BE REMOVED SO THEY CAN NO LONGER ENCROACH INTO THE MAXIMUM HEIGHT LIMITATION SETBACK ANGLE OR MINIMUM SETBACK. THERE ALSO IS A FURTHER RESTRICTION ALLOWED OR THAT'S INCLUDED TO PREVENT ENCROACHMENTS FROM BEING ANY CLOSER THAN FIVE FEET FROM A PROPERTY LINE. SO THERE ARE THERE MAY BE A LIKELIHOOD OF RESULTING LEGAL NONCONFORMITY IS RELATED TO ARCHITECTURAL ELEMENTS THAT ARE PROPOSED TO BE AND IN SOME OF THESE WE WE ARE ALLOWING EAVES TO STILL ENCROACH THIS EVE HERE IN THE SETBACK ANGLE COULD STILL ENCROACH UP TO TWO FEET AS PROPOSED BUT A A PORCH WITHIN THE SETBACK AREA COULD NO LONGER ENCROACH WITHIN THAT SETBACK AREA SO THAT IS ILLUSTRATION THAT SHOWS THE SETBACK ENCROACHMENT REDUCTIONS AND THEN AND THIS IS MEANT TO SHOW THE CHANGES IN HOW YOU MEASURE HEIGHT SO BUILDING HEIGHT IS PROPOSED TO BE MEASURED FROM PRE-DEVELOPMENT GRADE RATHER THAN THE ELEVATION OF PRE-DEVELOPMENT GRADE OR 13 OR 11 FEET ABOVE SEA LEVEL DEPENDING WHETHER AGAIN THAT WAS RESIDENTIAL OR NONRESIDENTIAL.
SO THAT MEANS THAT IF A BUILDING SITE IS LOWER THAN 13 FEET OF FOUR RESIDENTIAL OR 11 FEET DEPENDING ON THAT BUILDING TYPE THEN YOU WOULD MEASURE NOW FROM PRE-DEVELOPMENT GRADE TO THE HIGHEST POINT OF THE ROOF. AND SO RIGHT NOW SAY THAT 13 FEET WAS HERE PREVIOUSLY YOU WOULD BE ABLE TO MEASURE ZERO IS FROM THIS POINT ON THE STRUCTURE UP TO THE PEAK OF THE ROOF AND THE BUILDING HEIGHT WOULD BE MEASURED TO HERE PRE-DEVELOPMENT GRADE THE HEIGHT MEASUREMENT IS MEASURED FROM THE GROUND AND THE BUILDING HEIGHT IS THE PEAK OF THE ROOF. HERE'S AN EXAMPLE FROM AN ACTUAL RENDERING OF OF A PROJECT YOU CAN SEE BOTH HOW THE MEASUREMENT OF THE SETBACK ANGLE COMES INTO PLAY HERE.
SO THE BLUE LINE IS THE CURRENT REGULATIONS WHERE THE 13 FEET IS RIGHT HERE YOU CAN WHERE 20 FEET IS HERE WHERE THEN THE SETBACK ANGLE PICKS UP THEN THE RED LINE SHOWS THAT WE WOULD
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STILL MEASURE WE WOULD MEASURE NOW FROM PRE-DEVELOPMENT GRADE THE 20 FOOT ANGLE STARTS RIGHT AND YOU CAN SEE THAT A SMALL PORTION HERE OF THE MAIN SIDEWALL OF THE HOME WOULD NOW BE ENCROACHING INTO THAT SETBACK ANGLE AND THEN THE THERE'S LIMITATIONS IN HOW MANY FEET OF ROOF YOU CAN EXTEND WITHIN THAT SETBACK ANGLE MASKING QUESTION ON THAT DIAGRAM SO FROM WHERE THE LINES ARE BEING TO THE SIDE OF THE HOUSE WHAT IS THE DISTANCE THAT YOU HAVE IT SO THAT HERE IS THAT FIVE FEET TEN FEET OH WE WERE MEASURING THAT WAS NOT I DON'T BELIEVE THAT THAT WAS PART OF WHAT WAS BEING SO AS AND CORRECT ME IF I'M NOT GETTING THIS CORRECT BUT DOESN'T IN OF A DIAGRAM TO PROVIDE AN EXAMPLE OF THE IMPACT OF THE SETBACK ANGLE ISN'T THAT IMPORTANT YEAH I, I BELIEVE THIS IS FROM IT IS MEASURED FROM THE SETBACK ALL RIGHT WAS THAT A DISTANCE FOR IN THIS INSTANCE I DO NOT KNOW SO I ACCEPT THAT CASE FOR QUICK FOLLOW THEN BECAUSE IF IT'S FIVE FEET IT'S ONE THING IF IT'S TEN FEET IT'S ANOTHER THREE FEET YOU KNOW THAT WOULD LOOK DIFFERENT.IT WOULD YES. BUT THE THE WHAT WE'RE ILLUSTRATING WITHIN THIS DIAGRAM IS THAT THE THE CURRENT MEASUREMENT IS SHOWN IN BLUE AND THEN WE'RE JUST SHOWING WHAT THAT BUT I WHEN SOMEONE IS LOOKING AT IT WITHOUT THAT WITHOUT THAT MEASUREMENT IN THERE THEY COULD POSSIBLY THINK THAT APPLIES AT THAT THAT THAT DESCRIPTION THAT THE PICTURE SHOWS WOULD APPLY TO ANY DEVELOPMENT IT WOULD BE DIFFERENT BASED ON THE BECAUSE THE LINES THE BLUE AND THE RED LINES OR ON THE SETBACK LINE I'M ASSUMING CURRENT FROM THE HOUSE I BELIEVE THEY ARE IT'S A FIVE FOOT SETBACK IT'S THOSE LINES WOULD TWO PICTURE DIFFERENTLY THAN IF IT WERE ON A THREE FOOT SETBACK VERSUS A TEN FOOT SETBACK, CORRECT? CORRECT. SO I DON'T KNOW WHAT THIS WAS REALLY TELLING ME THIS IS I MEAN I UNDERSTAND WHAT YOU'RE DOING. THIS IS JUST TO DO A DEPICTION HERE JUST RELYING ON A PICTURE TO GIVE YOU AN IMPRESSION ABOUT THE IMPACT WHAT THIS CHANGE MEANS. YEAH, I UNDERSTAND THIS BUT IT'S IRRELEVANT AS TO WHAT SHE'S TRYING TO EXPLAIN THIS IS NOT IS NOT SPECIFICALLY SUPPOSED TO BE IT IS KNOW THE LINE IS SET WHERE IT'S SUPPOSED TO BE. SO WHETHER IT'S A FIVE FOOT SETBACK, TEN FOOT SETBACK, THREE FOOT SETBACK, THAT AREA WHERE THAT IS SET THAT IS WHERE IT'S SUPPOSED TO BE SET. SO THIS THIS AN ACCURATE EXAMPLE OR ACCURATE DEPICTION OF WHERE SETBACK ANGLE BEGINS BASED ON ITS HORIZONTAL MEASUREMENT AND THEN IT'S A VERTICAL MEASUREMENT FOR WHEN IT STARTS AT THE 20 FEET. SO THEN IF IT WERE A TEN FOOT SETBACK WITH THAT AND LET'S SAY THIS IS A FIVE FOOT SETBACK AND THEN SAID IT WAS A TEN FOOT SETBACK. YOU TELLING ME THAT THAT SAME ANGLE AND WE WOULD HIT THE EAVE THERE THE SAME PLACE OH IT MISSED IT. IT WOULD MISS IT.
THAT'S MY POINT AND THAT'S MY POINT IN THIS PARTICULAR EXAMPLE THIS IS WHERE FOR THIS HOUSE THIS IS WHERE THAT SETBACK ANGLE IS MEASURED FROM. SO THIS AN ACCURATE DEPICTION OF HOW IT IMPACTS THIS PARTICULAR HOUSE AND SO ON BE ABLE TO UNDERSTAND THIS PARTICULAR HOUSE AND HOW THOSE SETBACK ANGLES ARE IMPACTING IT.
I NEED TO KNOW WHAT THE SETBACK IS UNTIL YEAH AND IN JUST THE EXISTING IN HERE DOES THAT SO IT SHOWS WHERE THE MINIMUM SETBACK DISTANCE IS SO HERE'S OLD EXHIBIT THAT WE'RE WORKING FROM THAT ILLUSTRATES THE ANGLE AND AGAIN THIS IS PROPOSED TO BE STRUCK BECAUSE WE'RE NO LONGER MEASURING BUILDING HEIGHT FROM THAT MEASUREMENT HERE WE'RE GOING TO MEASURE IT FROM PRE-DEVELOPMENT AND THEN GET TO THAT 28 FEET MARK AND THEN THE ANGLE PICKS IN THIS SHOWS YOU WHERE THAT'S MEASURED FROM SO IT GIVES YOU THAT MINIMUM SETBACK DISTANCES WHERE THAT THAT VERTICAL LINE STARTS AND THEN THAT'S ALSO HERE WHERE THAT THIS NEW GRAPHIC IS SHOWING THAT THAT ANGLE KICKS IN SO WHAT WAS INCLUDED IN THE MEMO IS JUST AN EXAMPLE FROM AN EXISTING PERMIT THAT WAS UNDER REVIEW BUT THAT IS THE MINIMUM SETBACK WHERE THAT VERTICAL LINE IS AND THE MINIMUM SETBACK IS VARIES IS VARIABLE. SO ANYWAY IT DOES TAKE TIME TO
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CORRECT. IT CAN CHANGE IS A GOOD QUESTION AND HERE THIS JUST ILLUSTRATES THE DIFFERENCE IN THAT SPECIFICALLY BY JUST CALLING OUT YOU KNOW AGAIN THIS ISN'T MEANT TO BE TO SCALE OR ANYTHING BUT JUST SHOWING THAT YOU KNOW, YOU'RE GOING TO HAVE A DIFFERENCE IN POTENTIALLY IF THE PROPERTY IS BELOW 13 FOR RESIDENTIAL OR BELOW 11 FOR NONRESIDENTIAL, IT DOES MEAN THAT THERE COULD BE A CHANGE THERE IS A CHANGE IN THAT HEIGHT MEASUREMENT BOTH FROM THE SETBACK ANGLE AND FROM FROM PRE-DEVELOPMENT GRADE TO THE TOP OF THE ROOF. SO THAT'S WHAT THIS IS. THIS IS SHOWING.AND THEN WE WENT THROUGH AND LOOKED AT YOU KNOW SOME MAPS THAT SHOW BOTH RESIDENTIAL AND NONRESIDENTIAL PROPERTIES THAT MAY BE AFFECTED BY THE PROPOSED CHANGE.
AND AND I'LL JUST SHOW THOSE THE FIRST FIGURES SHOWS 18,000 PROPERTIES THAT REDUCE THAT SIZE THAT ARE RESIDENTIAL PROPERTIES OVERALL AND THAT 11,394 ARE BELOW 13 MEAN SEA LEVEL. THAT DOESN'T MEAN THAT THOSE THAT WE KNOW WHAT THE HEIGHT OF THOSE STRUCTURES OR WHAT THE SETBACK ANGLES OF ALL OF THOSE STRUCTURES BUT WE ARE POINTING OUT THAT THAT THESE REGULATIONS COULD HAVE SOME IMPACTS THAT AFFECT THOSE PARTICULAR PARCELS. LIKEWISE A SIMILAR MAP WAS DONE FOR NONRESIDENTIAL PARCELS AND IT SHOWS THAT THERE'S 895 NONRESIDENTIAL PROPERTIES AND THEN 380 OF THOSE ARE BELOW 11 MEAN SEA LEVEL. SO SO THAT'S WHAT THOSE DIAGRAMS ARE MEANT TO DEPICT.
BUT BUT AGAIN I WANTED TO JUST SHOW THAT ANY RESULTING LEGAL NON-CONFORMITY IS THERE ARE SPECIFIC REGULATIONS ON HOW THOSE ARE HANDLED HOW THEY MAY BE CONTINUED OR CORRECTED DEPENDING ON CERTAIN CIRCUMSTANCES AND WE HAVE A SECTION ON LATER IN THE STAFF REPORT THAT WE CAN GO OVER NOW THE IN THIS TABLE SHOWS THE ACTUAL TEXT AMENDMENT CHANGES IN WRITING SO THERE IS A MEASUREMENT OF HEIGHT WITHIN EACH OF THE THREE CHARACTER OVERLAY DISTRICTS. IT SHOWS HERE THE LANGUAGE BEING STRUCK AND JUST RELYING ON PRE-DEVELOPMENT GRADE AND YOU CAN SEE THAT IS CONSISTENT WITH THE CHANGES FOR THE THREE OVERLAY DISTRICTS AND THEN IN THE ADJACENT STREET SETBACK REQUIREMENTS THERE IS ALSO A STRIKE HERE FOR THAT HORIZONTAL PLANE AT 20 HERE WHERE THEN YOU'RE GOING TO MEASURE FROM PRE-DEVELOPMENT GRADE INSTEAD THAT 13 OR 11 FEET WHICHEVER WAS HIGHER PRIOR TO THEN THIS SHOWS AGAIN WHERE WE'RE STRIKING THE OLD DIAGRAM AND INSERTING A NEW DIAGRAM TO REFLECT HOW STEP BACK ANGLE IS CALCULATED AND THEN THIS AGAIN SHOWS YOU USE STEP BACK REQUIREMENT CHANGE AGAIN TO THAT PRE-DEVELOPMENT SAME DIAGRAM IS IN THAT SECTION AS WELL THAT'S PROPOSED TO BE CHANGED AND THEN THIS TABLE HERE SHOWS THE CHANGES THAT ARE PROPOSED IN THE ALLOWABLE ENCROACHMENTS TABLE AND YOU'LL NOTICE THAT THERE ARE STRIKETHROUGH AS OF A NUMBER OF CURRENT ALLOWANCES AND AND THEN THERE'S A FOOTNOTE THAT I'LL TALK ABOUT AS WELL. SO OPEN BALCONIES, FIRE ESCAPES, EXTERIOR STAIRWAYS AS WELL AS UNCOVERED PORCHES, STOOPS DECKS, PATIOS, LIGHTING FIXTURES, SPIRES CUPOLAS SKYLIGHTS ROOFTOP ARCHITECTURAL FEATURES SOLAR COLLECTION SMALL WIND ENERGY SYSTEMS AMATEUR RADIOS OTHER ARCHITECTURAL FEATURES NOT LISTED ARE ALL PROPOSED TO BE STRUCK THE ALLOWABLE ENCROACHMENTS TABLE BECAUSE WE ARE REMOVING SOME OF THE STAIRWAYS THE BUILDING OFFICIAL REQUESTED THAT WE ADD AND ALLOWANCE FOR AN ENCROACHMENT FOR A REQUIRED MEANS OF EGRESS AND I WANT TO POINT OUT THAT THIS IS NOT JUST BECAUSE YOU WANT TO ADD MAYBE ANOTHER EXIT OFF OF A MASTER BEDROOM. IT HAS TO BE A REQUIRED MEANS OF EGRESS TO BE ABLE TO MEET THIS REQUIREMENT AND THAT IT CAN EXTEND UP TO 42 INCHES INTO ANY SETBACK MEETS THE MINIMUM REQUIREMENT BY THE BUILDING CODE AND.
ONE OF THOSE AREAS THAT WE WERE DISCUSSING IS THAT MANY MANUFACTURED HOMES HAVE
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REQUIRED MEANS OF EGRESS BOTH OF A FRONT AND A REAR REQUIRED MEANS OF EGRESS.I WANTED TO MAKE SURE THAT THE CODE ALLOWED FOR THOSE REQUIRED MEANS OF EGRESS TO BE ALLOWED AND THEN YOU'LL NOTICE THERE IS A THERE'S SOME CHANGES TO THE EXTENT OF SEVERAL OF THE ALLOWABLE ENCROACHMENTS AS. WELL AS A FOOTNOTE THAT'S OUT AND I'LL GO THROUGH BOTH SO THE CHIMNEYS AND FIREPLACES IT'S BEING CHANGED THAT INSTEAD OF ENCROACHING THREE FEET MAY ENCROACH UP TO TWO ROOF EAVES AND OVERHANGS CURRENTLY ALLOWED AT THREE FEET AND IT'S REDUCED TO TWO AWNINGS FROM FIVE FEET TO TWO BAY WINDOWS FROM THREE FEET TO TWO ROOF DORMERS FROM 5 TO 2 AND I THINK COVERS THOSE REDUCTIONS IN EXTENT. AND THEN I WANTED TO POINT OUT THAT THERE IS A FOOTNOTE THAT APPLIES TO THE ALLOWABLE ENCROACHMENTS AND AND IT READS THAT IN NO CASE SHOWING ALLOWABLE ENCROACHMENT A FEATURE EXTEND INTO A SETBACK TO A POINT THAT IS LESS THAN FIVE FEET FROM A FLAT LINE. SO THAT MEANS THAT AT FOR ANY ALLOWABLE ENCROACHMENT IT CANNOT BE ANY CLOSER THAN FIVE FEET.
SO THAT MEANS THAT IF YOU HAVE FIVE FOOT SETBACKS FOR YOUR PARTICULAR LOT EVERYTHING NEEDS TO FIT THOSE FIVE FEET. SO THE ENTIRE FOOTPRINT AND AND THAT NOTHING COULD ENCROACH WITHIN THAT FIVE FEET. SO THE MAXIMUM AS CLOSE AS YOU CAN GET TO ANOTHER IS FIVE FEET AND THEN HERE IT SHOWS THIS IS THE DEFINITION OF HOW HEIGHT IS CALCULATED AND AGAIN IT'S CONSISTENT TO INCLUDE THE PRE-DEVELOPMENT GRADE AND REMOVE THOSE COMPONENTS THAT ARE RELATED TO 13 AND 11 FEET MEAN SEA LEVEL. SO LIKE I MENTIONED THERE MAY BE LEGAL NON-CONFORMITY IS THAT ARE CREATED IF THIS AMENDMENT WERE TO GO THROUGH AND BOTH WITH THE HEIGHT CALCULATION AND THE REDUCTION IN THE ALLOWABLE ENCROACHMENTS AND WHEN WE HAVE LEGAL NON-CONFORMITY AS THEY'RE HANDLED IN CHAPTER 16 SEVEN WHICH IS THE NON-CONFORMITY CHAPTER ALSO STRUCTURES ARE ADDRESSED IN OUR DISASTER RECOVERY SECTION WHICH WE OUTLINE BOTH NON-CONFORMITY AND DISASTER RECOVERY AND THE SITUATIONS THAT WOULD APPLY SO THE NON-CONFORMITY IS PURPOSE STATEMENT LARGELY JUST READS THAT THE TOWN RECOGNIZES THAT THERE'S A CONTINUED EXISTENCE OF NON-CONFORMITY THAT ARE INCONSISTENT WITH THE PURPOSE INTENT OF THE LAND MANAGEMENT ORDINANCE BUT THAT THE ORDINANCE NEEDS TO PROVIDE SOME FLEXIBILITY TO ENCOURAGE REDEVELOPMENT OF NONCONFORMING DEVELOPMENT.
IT LESSENS THE DEGREE OF THE NON-CONFORMITY AND SO THE SECTION HAS A SECTION REGULATES THE AUTHORITY TO CONTINUE AND STATES THAT LEGAL NON-CONFORMITY ARE ALLOWED TO CONTINUE IN ACCORDANCE WITH THE PROVISIONS WITHIN THE NON-CONFORMITY CHAPTER REPAIRS IN NORMAL MAINTENANCE ARE ALLOWED TO KEEP LEGAL NONCONFORMING USES AND STRUCTURES OR SITE FEATURES. SAFE CONDITION REPAIR AND MAINTENANCE ARE PERMITTED PROVIDED THAT THOSE ALTERATIONS MAY BE MADE EXCEPT THOSE THAT ARE ALLOWED BY THE CHAPTER IN THE NONCONFORMING CHAPTERS REPAIRS AND MAINTENANCE IF A NON-CONFORMITY LEGAL NONCONFORMITY DOES DISCONTINUE OR ABANDONED WITHIN FOR 18 CONSECUTIVE MONTHS IT CANNOT REESTABLISHED THE NON-CONFORMITY IS CHAPTER USES THE TERMS EXPANSION, ENLARGEMENT OR EXTENSION AND IT REFERS TO ANY INCREASE IN THE SIZE OF A LEGAL NONCONFORMING STRUCTURE OR A SITE FEATURE AND THERE SPECIAL PROVISIONS FOR THE FOOTPRINT OF ANY EXISTING NONCONFORMING FEATURE OR STRUCTURE THE FOOTPRINT OF A NONCONFORMING SITE FEATURE OR STRUCTURE CAN BE MAINTAINED OR EXPANDED AS LONG THE APPLICANT RECEIVES APPROVAL WITHIN THE SUBSTITUTION OF NON-CONFORMITY FOR REDEVELOPMENT UNLESS ITS ASSOCIATED WITH A NONCONFORMING USE REPLACEMENT OF A NONCONFORMING SITE FEATURE WITH NONCONFORMING STRUCTURE OR THE DEMOLITION OR MODIFICATION OF AN OFFERING STRUCTURE WITH THE INTENT TO REBUILD IN ACCORDANCE WITH A ZONING MAP AMENDMENT RELATED TO A REDEVELOPMENT OVERLAY DISTRICT OR THERE'S A UNLESS IT'S A NONCONFORMING SIGN SO THE SUBSTITUTION CLAUSE AND I APOLOGIZE FOR GOING THROUGH THIS AT LENGTH BUT UNDERSTAND THAT THERE MAY BE SOME CONCERNS RELATED TO NON-CONFORMITY SUBSTITUTION NONCONFORMITY HAS CRITERIA THAT IS REQUIRED FOR THOUGH THAT REVIEW AND APPROVAL IT IT WILL NOT INCLUDE DEVELOPMENT THAT INCREASES THE
[02:00:01]
AMOUNT OF ANY ENCROACHMENT INTO ANY BUFFER SETBACK CAN NOT INCREASE THE IMPERVIOUS COVER OF COVERAGE OF THE SITE OVER THE ALLOWED FOR THE DISTRICT OR THE EXISTING IMPERVIOUS COVER WHICHEVER IS GREATER CANNOT RESULT IN A DENSITY IN EXCESS OF WHAT'S ALLOWED HAS TO LESSEN THE EXTENT OF THE NONCONFORMING SITE FEATURES AND THE NON-CONFORMITY OF THE STRUCTURE TO THE GREATEST EXTENT POSSIBLE AND CAN NOT HAVE AN ADVERSE ON PUBLIC HEALTH, SAFETY AND WELFARE SO THERE ALSO ARE NONCONFORMING STRUCTURES THAT ARE OUTLINED IN THE CODE . THEY CANNOT BE EXPANDED, ENLARGED, RELOCATED OR REDEVELOPED UNLESS IT'S MADE IN CONFORMANCE WITH THE CODE UNLESS IT'S ALLOWED BY DISASTER RECOVERY CHAPTER WHICH IS 69 AND IN THAT CASE IF THERE'S A STATE OF EMERGENCY THEN IT HAS SOME ALLOWANCES FOR THOSE THOSE STRUCTURES TO BE REBUILT AND ESTABLISHES SOME EMERGENCY PERMITTING PROCESSES AND IT ALLOWS THOSE TO BE REDEVELOPED IN THE EXISTING STATE OR CONDITION THAT EXISTED WITHOUT THE NECESSITY OF FULL PERMITTING REVIEW SO THAT'S IN OUR EXISTING CODE AND THEN IF IT'S DAMAGED OR DESTROYED BY MEANS ARE NOT COVERED BY DISASTER RECOVERY INCLUDING IF WAS INTENTIONAL DESTRUCTION LIKE DEMOLITION IT MAY BE REPAIRED OR RECONSTRUCTED PER NONCONFORMITY SECTION DAMAGE OR DESTRUCTION OF A NONCONFORMING STRUCTURE AND THIS ESTABLISHES THE REQUIREMENTS FOR LEGAL NONCONFORMING STRUCTURES THAT ARE DAMAGED OR DESTROYED NOT COVERED BY 69. SO THERE'S SINGLE FAMILY DWELLING UNITS, NON SINGLE FAMILY STRUCTURES THEN NON SINGLE FAMILY NON SINGLE FAMILY LESS THAN 50% DESTROYED AND THEN MORE THAN 50% DESTROYED ARE THE CATEGORIES.SO A SINGLE FAMILY DWELLING UNIT A LEGAL NONCONFORMING SINGLE FAMILY STRUCTURE MAY BE REBUILT, RESTORED OR REPAIRED MEETING THE BUILDING CODE AND COMPLYING TO THE DEVELOPMENT STANDARDS OF THE CODE TO THE EXTENT DEEMED REASONABLY PRACTICABLE BY THE OFFICIAL AND THEN FOR NON SINGLE FAMILY STRUCTURES LESS THAN 50% IT MAY BE REBUILT IF NOT MORE THAN 50% OF ITS APPRAISED FAIR MARKET VALUE WITHIN 18 MONTHS. SO AND THEN IF IT IS MORE THAN 50% DESTROYED FOR A NON RESIDENTIAL OR NON SINGLE FAMILY IT CANNOT BE REPAIRED OR REPLACED IN ACCORDANCE WITH THE CURRENT EXCEPT IN ACCORDANCE WITH THE CURRENT CODE AND BUT THERE IS AN EXCEPTION FOR CONDO PROPERTIES HORIZONTAL PROPERTY REGIMES THE CURRENT CODE .
SO WE GOT A COUPLE OF QUESTIONS ON THIS WHEN WENT THROUGH THE PLANNING COMMISSION AND SO WE INCLUDED SOME OF THAT HERE TO HAVE SOME EXAMPLES OF HOW THIS COULD BE APPLIED IN DIFFERENT SCENARIOS. SOME OF THE QUESTIONS THAT THEY ASKED THAT WE CONSIDER AND INCLUDE AS THIS IS MOVES FORWARD WAS CAN ANY STRUCTURE DAMAGED IN A NAMED STORM REBUILD IN ITS CURRENT CONDITION? YES IT CAN BE REPAIRED RECONSTRUCTED OR REBUILT PROVIDED IT IS DONE WITHIN THE MONTHS OF THAT DECLARED DISASTER PER THAT 69 DISASTER RECOVERY REQUIREMENT AND BE IN COMPLIANCE THE BUILDING CODE IF IT IF A SINGLE FAMILY IS SAY IT BURNS DOWN OUTSIDE OF STATE OF EMERGENCY CAN IT BE REBUILT WITH NON-CONFORMITY IT COULD IF IT'S REBUILT WITHIN 18 MONTHS AND MEETS THE REQUIREMENTS OF THE BUILDING CODE AND IS BROUGHT CONFORMANCE WITH THE CODE TO THE EXTENT DEEMED REASONABLY PRACTICAL BY THE OFFICIAL AND THAT THE APPLICANT MAKES EFFORT TO LESSEN THE NON-CONFORMITY. YES A COMMERCIAL BUILDING THAT BURNS DOWN OUTSIDE OF A STATE OF EMERGENCY CAN IT BE REBUILT WITH NON-CONFORMITY? THERE'S TWO ANSWERS AGAIN THAT'S THAT 50% IF LESS THAN 50% WERE DESTROYED, YES, IT CAN BE REBUILT WITH ITS EXISTING NON-CONFORMITY WITH AN 18 MONTHS IF MORE THAN 50% WERE DESTROYED, NO IT CANNOT BE REBUILT WITH THE NON-CONFORMITY IT WOULD HAVE TO BE REPLACED OR REPAIRED IN ACCORDANCE WITH THE STANDARDS OF THE CODE . AGAIN WITH ALL TEXT AMENDMENTS THE REQUIRED MEET STANDARD REVIEW CRITERIA STAFF HAS REVIEWED THAT CRITERIA AND RECOMMENDS THAT IT MEET THE REQUIRED TEXT AMENDMENT REVIEW CRITERIA IS IT SUPPORTS THE COMPREHENSIVE PLAN BY ENSURING NEW AND REDEVELOPED HOUSING THAT MAINTAINS AND ENHANCES THE CHARACTER OF THE ISLAND IT'S REQUIRED DUE CHANGING DUE TO CONCERNS WITH THE SCALE OF BUILDINGS AND IMPACTS ON ADJACENT. IT ADDRESSES A DEMONSTRATED COMMUNITY NEED TO CONTROL OVERALL MASS AND SCALE AND HEIGHT OF NEW BUILDINGS AND ENSURES THAT DEVELOPMENT MEETS THE INTENT OF THE TOWN ZONING DISTRICTS RESULTS IN A LOGICAL AND ORDERLY DEVELOPMENT AT THE PROPERTY SCALE AND ARE COMPATIBLE WITH NEARBY BUILDINGS STRUCTURES AND REDUCES THE OVERALL IMPACT OF TOWN WIDE DEVELOPMENT AND ADVERSE EFFECTS ON THE
[02:05:01]
ENVIRONMENT AND NATURAL RESOURCES. ARE THERE QUESTIONS AND QUESTIONS FROM THE COMMITTEE AND GO TO THOSE ARE YOU GOING TO VISIT LATER? WHAT DOES THIS DO TO THE ITEMS 1 TO 1 DOES THIS REMOVE OVERLAYS? NO WILL THEY BE REMOVED? WELL IN THE FULL CODE THEY'RE LOOKING AT HOW TO INCORPORATE ALL OF THE EXISTING CODE WHETHER THAT WILL HAVE OVERLAYS OR THEY'LL BE FOLDED INTO BASE ZONING DISTRICTS IS WHAT THE CODE PROJECT IS LOOKING AT OUGHT TO BE AT A LATER DATE, CORRECT? SO THIS JUST BECAUSE THE OVERLAYS MENTION HOW HOW THE SETBACK BACK ANGLE IS MEASURED THOSE NEEDED THOSE ADJUSTMENTS AS WELL TO BE CONSISTENT WITH THE MEASUREMENT OF HEIGHT DEFINITION IN THE FULL CODE NOW BECAUSE I LOOK AT INSTANCE BACK WHEN I WAS ON THE BCA OF AN APPLICANT THAT THEY'RE DOING THE THEY ARE DOING ENDED UP BUILDING A CAN BUILD TWO HOUSES ON A SINGLE LOT BECAUSE THEY SUBDIVIDED IT BECAUSE THEY WEREN'T ALLOWED TO GO PAST THEIR OVERLAY OF I THINK IT WAS 5000 FEET OR SOMETHING BUT THEY OWNED THEY PURCHASED IN UNDER A VERY LARGE LOT SO WITH THE PROPER SETBACKS AND IMPROPER ANGLES I DON'T THINK THAT WE SHOULD RESTRICT THOSE SQUARE FOOTAGE OTHERWISE THEY HAVE BOUGHT A SMALLER LOT. ALL RIGHT. YOU KNOW, I AND ALSO JUST A COMMENT IT'S INTERESTING TO ME THAT HERE WE ARE 11 YEARS LATER WHEN WE HAD AN ALAMO IN 2014 THAT DEVASTATED A LOT OF OUR AREAS THAT WE COULDN'T OR PAST COUNCILS COULD NOT APPROACH AND FIX RIGHT THE WRONGS BEFORE 11 YEARS. IT'S JUST LIKE MOVING THESE AGENDA ITEMS FORWARD, YOU KNOW WE'RE ALWAYS GOING TO WAKE UP TOMORROW MORNING AND GOD YOU KNOW THERE WAS ONE MORE THING I SHOULD HAVE PUT IN THERE AND NOT GOING TO WAIT TEN YEARS TO 2024 OR 25 OR WHATEVER 35 TO MAKE THAT CHANGE AGAIN. I THINK IT'S OUR OBLIGATION WHEN WE FIND A WRONG THAT WE WRITE WRONG. SO I'M JUST TAKING IT BACK THAT . IT TOOK TEN YEARS TO START TO ADDRESS THIS STUFF WAY BEFORE YOUR TIME AS WELL TO COMMENT AND STEVE I HAVE A COUPLE THINK ABOUT WHERE SHOULD I START IF I CAN SOME SENSE OF ALL MY NOTES . IT'S ONE OF THE THINGS THAT YOU JUST MENTIONED EXCUSE ME WAS THAT THIS IS PART OF THE FULL CODE PROJECT AND WITHIN THIS THERE ARE QUESTIONS AND CONCERNS AND ATTEMPTS AT RIGHTING THE WRONGS BUT.I REALLY THINK WHEN YOU LOOK COMPREHENSIVELY AT THIS PARTICULAR ITEM THE FULL CODE PROJECT WILL LIKELY INFLUENCE SOME OF THE DECISIONS THAT WE MAKE TODAY OR AT LEAST THERE'LL ANOTHER CONVERSATION WITH SOME ADDITIONAL THOUGHTS THAT WILL IMPACT THE CONVERSATIONS THAT WE'RE HAVING TODAY. SO I WANTED TO POINT THAT OUT 40 TO INCHES EVERY REQUIRED EGRESS SORRY IF YOU REQUIRE EGRESS CAN YOU DESCRIBE A LITTLE BIT MORE OF WHAT THAT IS BECAUSE ANYWAY YES THAT IS THE REQUIRED LANDING AND AFFILIATED STAIR THAT WOULD GO DOWN FROM A STRUCTURE. SO AS THE HOW IS THAT DIFFERENT THAN WHAT WE HAVE IN PLACE TODAY WHERE A STAIRCASE CAN GO INTO THE SETBACK TO GET INTO THE BUILDING WHAT'S THE DISTINCTION SO RIGHT NOW THE CURRENT CODE WHERE WE HAVE STAIRWAYS OPENED UP BALCONIES UP TO FIVE FEET THOSE MAY NOT REQUIRED MEANS OF EGRESS SO.
IT COULD BE AGAIN THAT YOU HAVE MULTIPLE INGRESS EGRESS POINTS ON YOUR OR COMMERCIAL STRUCTURE BUT. THEY MAY NOT BE REQUIRED MEANS OF EGRESS WHICH MEANS THAT
[02:10:03]
AGAIN WHAT IS STRUCK ARE ANY OPEN BALCONIES, FIRE ESCAPES OR EXTERIOR STAIRWAYS EXCEPT IF IT IS A REQUIRED MEANS OF EGRESS. IS THAT A SUBJECTIVE QUESTION? IS IT SUBJECTIVE IS THERE A SUBJECTIVE ELEMENT TO THAT IN TERMS OF WHETHER IT'S REQUIRED OR NOT? THE AND I DON'T HAVE THE THE SECTION OF THE BUILDING CODE BUT OUR BUILDING OFFICIALS THAT A REQUIRED MEANS OF EGRESS IS IS I DON'T KNOW IF IT'S A DEFINITION BUT IT IS SPELLED OUT IN THE BUILDING CODE WHAT THAT IS. SO THEN I WOULD IMAGINE AND MAYBE IT IS IN HERE SOMEWHERE THAT WE SHOULD SAY AS PART OF THE BUILDING CODE SPECIFICALLY OTHERWISE I THINK IT IS A SUBJECTIVE QUESTION TO BE SO THERE'S THAT SO I CAN CROSS DOES THIS DO THESE NEW REQUIREMENTS APPLY TO ALL AREAS OF THE ISLAND AND ARE THERE ANY EXCEPTIONS FOR THE SETBACK ENCROACHMENTS FOR ANY OF WHAT WE'VE TALKED ABOUT HERE SETBACK ENCROACHMENT MEASURE OF HEIGHT ETC.? YES IT IS THERE ISLAND WIDE.YES OKAY WITH NO EXCEPTIONS SO NO OBVIOUSLY THERE'S CHANGES DEPENDING ON RIGHT NOW THE REGULATIONS FOR RESIDENTIAL COMMERCIAL BUT THOSE ARE UNIFIED BECAUSE WE'RE MEASURING FROM PRE DEVELOPMENT GRADE REGARDLESS OF WHETHER IT'S RESIDENTIAL OR NONRESIDENTIAL.
AND WHAT ABOUT HARDSHIPS THAT YOU PUT ON AREAS BY MAKING THIS CHANGE AND YEARS LATER FOR EXAMPLE EVERYONE'S BUILT TO THE 2014 STANDARD I A LOT OF A HALF A DOZEN LOTS A DOZEN LOTS AND SUDDENLY YOU PUT THIS NEW RESTRICTION ON THOSE PROPERTIES AND THOSE PROPERTIES FOR INSTANCE ARE NOW BY TOWERS AND THEY CAN'T GET THEY CAN'T GET THEIR HEAD ABOVE THE WATER BECAUSE OF THE NEW RESTRICTION. ARE THERE OR WILL THERE BE OPPORTUNITIES FOR THOSE INDIVIDUALS TO RECTIFY THAT ISSUE THAT THEY HAVE THAT'S BEEN PUT ON THEIR LOT? WELL, AS IT RELATES SETBACK ENCROACHMENTS, THEY COULD GO TO THE BOARD OF ZONING APPEALS BOARD OF ZONING APPEALS CAN HEAR MOST SECTIONS OF THE LAND MANAGEMENT ORDINANCE BUT CANNOT HEAR CASES RELATED TO BUILDING HEIGHT OR DENSITY OR I'M SORRY OR USE AND SO SO IF IT AFFECTS THEIR HEIGHT OVERALL THEN THERE THERE IS NOT AN AVENUE TO GO TO THE BOARD OF ZONING APPEALS.
WELL IT DEFINITELY WILL BECAUSE THE NEW HEIGHT AND ANGLE MOST LIKELY WELL IT'S NOT A CHANGE TO THE HEIGHT ALLOWED IN THE DISTRICT. IT'S JUST HOW HEIGHT IS MEASURED. SO SO AGAIN ALL OF THE HEIGHT DIMENSIONS THAT ARE REQUIRED THROUGHOUT THE CODE WHETHER IT BE 35, 45, 60 ARE STILL THE SAME IT IS A CHANGE AND AGAIN WHERE YOU'RE MEASURING FROM A HEIGHT FROM RIGHT BUT IN YOUR EXAMPLE YOU SHOWED US A MOMENT AGO IT DID WHEN YOU WENT TO THE DOWN TO ORIGINAL LEVEL IT DID CHANGE THE HOUSE IT CUTS PART OF THE HOUSE OFF WHICH DOES CHANGE YOUR HEIGHT. YES WELL IT CHANGES YES.
CHANGES YOU KNOW THE ANGLE OF HOW MUCH YOU KNOW STRUCTURE CAN BE.
YES. IT WOULD CHANGE THAT MASSING SCALE.
YES. YES. AND YOU KNOW MANY DEVELOPMENTS HAVE, YOU KNOW, SUBDIVISIONS NEIGHBORHOODS VARYING STRUCTURE SIZES, SHAPES IT WOULD OR COULD RESULT IN A VARIATION IN THE BUILT ENVIRONMENT WITHIN THE ENTIRE TOWN.
YES. I THINK YOU'RE ALLUDING MAYBE TO YOU HAVE A NEIGHBORHOOD THAT IS ALMOST BUILT OUT WITH A VERY SIMILAR FORM AND THAT THE PERMITS THAT COME IN PERHAPS AFTER THE AMENDMENT MAY HAVE A DIFFERENT FORM AND AND YOU'RE CORRECT AT THAT POINT.
THAT'S A DIFFICULT THAT'S A DIFFICULT HARD DIFFICULT HARDSHIP TO PUT ON THE OWNER OF THAT PROPERTY. I KNOW YOU'RE NEITHER HERE OR BUT IT'S A YOU KNOW IF IT WERE
[02:15:05]
AN OUTSIDE LOT AN EXTERIOR I MEAN I COULD SEE IT IN A WAY WITH IT BUT IF IT'S AN INTERIOR LOT IT COULD BE IT COULD BE PROBLEM. THAT'S WHY I ASK IS IS THERE A WAY SHOULD WE BE SEARCHING OUT EXAMPLES OF THAT AND RUNNING A SCENARIO TO SEE HOW BADLY IT AFFECTS SOME OF THESE LOTS? AND IF IT DOES, DO THEY RELIEF ? YEAH, DEFINITELY THE FURTHER AWAY FROM 13 OR 11 TO PRE-DEVELOPMENT GRADE THE GREATER THE POTENTIAL IMPACT IF THEY'RE WITHIN SIX INCHES OR A FOOT IT DOESN'T RESULT IN IN A SIGNIFICANT CAN IMPACT TO THE STRUCTURE THAT THAT HAS NOT YET COME IN FOR PERMIT BUT IT MAY HAVE SOME IMPACTS THE CHANGES IN THE ALLOWABLE ENCROACHMENTS COULD SIGNIFICANT IMPACTS AS WELL LIKE DEPENDING ON IF YOU'RE LOOKING AT APPLES TO APPLES OF WHAT'S IN A PARTICULAR NEIGHBORHOOD IF A NEIGHBORHOOD HAS A LOT OF ALLOWABLE ENCROACHMENTS THAT ARE THAT ARE BUILT. SO I THINK PART OF IT FROM A POLICY QUESTION THOUGH IS TO EFFECT MASS AND SCALE IN A PRIORITY AMENDMENT SET. THIS IS A RATHER INCREMENTAL CHANGE TO TO REALLY NOT MAKE ANY CHANGES WITH BUILDING HEIGHT WHATSOEVER OR CHANGE ANY SETBACKS JUST CHANGING WHAT ALLOWABLE AS AN ENCROACHMENT WITHIN THE SETBACK AND THEN AGAIN ON HOW FAR AWAY THEY ARE FROM THAT 11 OR 13 MEAN SEA LEVEL REQUIREMENT AND WHERE PRE-DEVELOPMENT GRADE IS THAT IS LIKELY WHERE THE AREA OF IMPACT IS RELATIONSHIP TO HEIGHT AND SETBACK ANGLE SO AN EXAMPLE OF THAT IS SANDCASTLE HOUSE WAS ABOUT TO SAY THAT AND IF I REFER BACK AND I DON'T HAVE IT IN FRONT OF ME AND I DON'T THINK IT'S EASILY PULLED UP BUT I KNOW YOU KNOW AND THOSE OF YOU WHO KNOW THE ALAMO KNOW WE HAVE A PURPOSE AND INTENT SECTION AND WITHIN THE PURPOSE AND INTENT SECTION WITHOUT QUOTING IT VERBATIM IT IS HEAVILY FOCUSED ON PROVIDING LIGHT AND AIRFLOW AND ALL OF THOSE WONDERFUL THINGS THAT YOU WOULD EXPECT TO HAVE AROUND YOUR HOME AND THAT MOST PEOPLE DO.AND NOW IN SOME AREAS SAND CASTLES AS AN EXAMPLE IF YOUR HOME IS SURROUNDED BY CONCRETE ON THREE SIDES POTENTIALLY EVEN FOR THREE THREE SIDES AND YOU'RE LOWERING YOU LITERALLY HAVE NO WAY TO GET YOURSELF OUT THAT CONCRETE JUNGLE SO THAT YOU HAVE AIR AND SO YOU HAVE YOUR LIGHT IS UNOBSTRUCTED BY BUILDINGS THAT WERE A BETTER THERE AND SO YOU ARE REALLY SANDWICHING IN SOMEONE AT A HUGE DISADVANTAGE TO BE ABLE TO HAVE A QUALITY OF LIFE AND AGREEABLE TO HAVE THAT BUILDING COMPLY WITH THAT PURPOSE INTENT AND FOR TOO LONG NOW THIS ISLAND HAS ALL KINDS OF THINGS WITHOUT FIRST LOOKING AT THE PURPOSE INTENT OF THE ALAMO IT'S A CLEAR STATEMENT AND IT'S NO ONE IN PARTICULAR IS FAULT BUT IT IS CAUSED ALL SORTS OF DAMAGE ACROSS THE ISLAND TO THE BUILT ENVIRONMENT AND SO HERE WE ARE NOW TRYING TO SOLVE A PROBLEM WITH HEIGHTS THAT ARE TOO TALL ENCROACHMENTS THAT ARE THAT NEED TO BE REMOVED.
WE'VE DONE IT. THIS IS PHASE TWO FOR THOSE OF YOU DON'T KNOW WE'VE BEEN THROUGH THE REMOVAL OF ENCROACHMENTS ONCE THIS IS PHASE TWO OF REMOVING SOME MORE OF THEM AND THAT MAKES SENSE IN ITS PROPER BY THE PURPOSE AND INTENT BUT NOW ON THE OTHER SIDE OF THE ROAD WE'RE REDUCING THE HEIGHT FOR SOME WHO ARE SURROUNDED CONCRETE AND SO THEY HAVE NO LIGHT THEY HAVE NO AIR AND THEY HAVE NO QUALITY OF LIFE FOR THEM AND THAT'S AN UNFAIR PLACE TO PUT THEM. SO COULD THOSE HOMES, THOSE PROPERTIES HAVE YET BEEN DEVELOPED? TWO THINGS AND I MENTIONED THEM SEPARATELY HOMES AND REDEVELOPMENT COULD THEY BE GRANDFATHERED IN? COULD THIS BE CONSIDERED A VESTED RIGHT? THIS IS A PROPERTY RIGHT THAT'S BEEN TAKEN AWAY FROM AND IF SO, WE NEED TO FIND A WAY TO THAT CLEARLY INTO THE ORDINANCE AND THAT'S THAT'S GOING TO BE VERY IMPORTANT AND FOR BOTH THOSE WHO HAVE NOT YET FELT WHO ARE IN THAT SITUATION AND FOR THOSE
[02:20:06]
WHO MAY BE IN THAT SITUATION BUT HAVE A SMALLER HOME BUT WANT TO GET THEMSELVES TO WHAT THE CURRENT ENVIRONMENT AROUND THEM IS SO THAT THEY TOO CAN HAVE THE ADVANTAGES OF THE PURPOSE AND INTENT OF THE ALAMO IS SUPPOSED TO BE. SO I'LL LEAVE THAT FOR A SECOND. I MEAN THE PROPERTY THE PRIOR COUNCIL CREATED THE JUNGLE 2014 AND NOW THERE'S THIS NEW CHANGE JUST PILE RIGHT ON TOP OF OF THE OWNERS AGAIN IT'S IT'S SUPPOSED TO BE AND IT WILL BE GREAT FOR 98% BUT THERE'S A COUPLE OUT THERE THAT WE NEED WE NEED TO BE VERY CAREFUL ABOUT IT TURN LOTS INTO UNSELLABLE IT MAY TURN LOTS THAT ARE WORTH MILLIONS OF DOLLARS INTO NOTHING AND AND THAT'S A HARDSHIP.SO WE NEED TO WE NEED TO FIGURE THAT OUT AND AGREE WITH THAT WHOLEHEARTEDLY.
THERE ARE SOME ENCROACHMENTS THAT AREN'T LISTED ON HERE IS BEING REMOVED AND I THINK HAD A BRIEF CONVERSATION ABOUT THIS AT SOME POINT IN TIME WHEREAS WHERE EACH BACK UNITS CAN BE PUT ON TOP OF BUILDINGS AND OFTEN AS I'VE SEEN IT AROUND THIS ISLAND FOLKS DO THAT WHEN THEY'VE FORGOTTEN TO LEAVE A PIECE OF LAND CARVED OUT FOR THEIR AGE HERE AND IT'S SOMETHING NECESSARY TO THE COMPLETION OF THEIR REBUILDING THEIR HOME AND SO THEY PLACE THEM ON TOP AND THAT THAT'S NOT INCLUDED IN THE HEIGHT CALCULATIONS IN THE PAST I'VE SEEN IT EXASPERATED BY OFFICIAL DECISIONS BEING MADE WHERE AN ARCHITECTURAL DETAIL NEEDS TO BE BUILT AROUND IT TO THE THE AGE FACTOR WHICH ADDS HEIGHT AND THEN THEREFORE ADDS ADDITIONAL HEIGHT TO AND SO WHEN WE'RE TALKING ABOUT ENCROACHMENTS WE OUGHT NOT BE ALLOWING FOR FOLKS TO PUT THEIR AGE BACK UNITS AND THIS NOT JUST A COMMERCIAL SITUATION I WOULD SEE COMMERCIAL CONSTITUENTS THEY SHOULD POSSIBLY DIFFERENT BUT THIS IS HAPPENING IN RESIDENTIAL NEIGHBORHOODS AND HAS BEEN HAPPENING AND WE NEED TO CORRECT THAT AND I DON'T SEE THAT CORRECTION IN THIS DOCUMENT I WAS TO SEE THAT WHILE THE ISSUES ARE BEING REDUCED THERE'S AN I HAVE A PROBLEM WITH THE EAVES FALLING INTO THE SETBACKS BECAUSE OF THE RUNOFF SINCE WE DON'T REQUIRE I MEAN WE DO HAVE RULES AND THERE ARE LAWS ABOUT NOT SPILLING YOUR WATER FROM PROPERTY ONTO SOMEBODY ELSE'S PROPERTY AND THOSE ARE GOOD. BUT I LIKE TO EVEN FURTHER IN HERE THAT YOU HAVE TO NONE OF THIS CAN BE IF YOU'RE CAN BE WITHIN THAT FIVE FEET OF A PROPERTY SO THAT I JUST WANTED TO POINT SOMETHING OUT GOOD SO IT DOESN'T SEEM LIKE I'M JUST RIPPING EVERYTHING APART TODAY BUT IN MY OPINION THIS LIKE OTHER IS NOT READY IN YOU KNOW MAKE ANOTHER COMMENT ABOUT THAT IT'S NOT THAT THE WHOLE PACKAGE ISN'T READY THERE ARE ELEMENTS OF THIS PACKAGE JUST LIKE THERE WERE ELEMENTS OF THE SAME THAT ARE READY BUT THERE ARE OTHER ELEMENTS THAT AREN'T AND SO PERHAPS IT'S TOO MUCH WITHIN ONE DOCUMENT PERHAPS IT SHOULD BE TWO.
PERHAPS WE SHOULD HAVE A MECHANISM WHERE WE CAN MOVE SOME OF THESE THINGS BUT OTHERS NEEDS TO BE THOUGHT OUT MORE CAREFULLY SO THERE'S THAT I NOTICE ON PAGE TWO COVID 19 AND THE RESIDENTIAL COMMENTS CAME FORTH FROM THAT MEETING THAT PRIOR TO AT LEAST A COUPLE OF OUR TOWN COUNCIL BEING ELECTED AND SEATED RIGHT UNDER RESIDENTIAL NUMBER FOUR WE SAID CLEARLY THAT WE NEED TO ESTABLISH A MINIMUM LOT SIZE AND THAT THAT'S DUE TO BE ADDRESSED DURING THE FALL ALAMO UPDATE WHICH IS PART OF WHAT I WAS TRYING TO SAY BEFORE WE'VE SINGLED OUT THINGS BUT IF YOU WERE TO ASK ME I'M NOT SURE HOW THOSE DISTINCTIONS MADE BECAUSE THE NEED TO ESTABLISH A MINIMUM LOT SIZE IS CRITICAL TO ALL OF THIS SINCE WE DON'T HAVE A FLOOR AREA RATIO TO RELY IN MOST AREAS AND BECAUSE ONCE YOU START TALKING ABOUT SETBACKS AND ALL OF THESE AGAIN TALKING ABOUT PROPERTY RIGHTS WHERE YOU ARE LIMITING, WHAT SOMEONE CAN DO SIGNIFICANTLY IF YOU HAVE LOT THAT'S WHAT IS MEANT. WE HAVE SOMETHING WRITTEN SOMEWHERE IN THE ALAMO IS ABOUT MINIMUM ASSAULT. I THINK IT'S IN IN ZERO LOT
[02:25:03]
LINES OR SOMEWHERE THERE IS A MINIMUM SIZE AND ONE ASPECT TO LOTS BUT GENERALLY THERE ISN'T.SO IF YOU'RE IN AN RDNA OR HUD THOSE LOTS ARE .097 SOMETHING LIKE THAT YOU'RE NOW REALLY RESTRICTING A LOT FOR THOSE FOLKS WHO ARE BUILDING THEIR AND SO YOU KNOW I COULD I HOPE SOMEONE'S TAKING NOTES ABOUT THIS BECAUSE WHEN THIS MOTION IS MADE AND WE'RE KIND OF OUT OF ORDER I GUESS WE SHOULD HAVE MADE A MOTION FIRST. THERE ARE MANY ASPECTS TO WHAT IS IN HERE THAT NEEDS MORE TIME, MORE CAREFUL CONSIDERATION AND AND I WOULD HOPE THAT WE WOULD DO THAT BEFORE WE BRING IT TO A FULL COUNCIL WE SHOULD PROBABLY WE'RE GOING TO CONTINUE DOWN THE PATH WE'RE ON WHETHER IT'S CORRECT OR NOT ARE THERE ANY PUBLIC COMMENTS ON THIS AGENDA ITEM? MR. ROY MR. WILLIAMS THANK YOU, MR. WILLIAMS IT'S REALLY DIFFICULT TO TRY AND OUT WHAT THE EFFECT THIS IS GOING TO BE AND LET ME GIVE YOU A PERSONAL EXAMPLE. MY WIFE AND I USED TO LIVE IN FOREST AND SEA PINES AND OUR HOUSE THERE AT GRADE WAS SEVEN FEET ABOVE SEA LEVEL.
YOU KNOW, TO BUILD A NEW HOUSE THERE NOW YOU GOT TO BE 13. SO YOU'VE GOT TO YOU KNOW, TO A SIX FOOT CRAWL SPACE JUST TO START OFF WITH AND IF YOU MEASURE NOW FROM PRE-DEVELOPMENT GRADE THEN YOU LOSE THAT SIX FEET OF USABLE HEIGHT INSIDE HOUSE TO START OFF WITH WE NOW LIVE IN SPANISH WELLS AND AT GRADE IN MY HOUSE IS 26 FEET ABOVE SEA LEVEL SO YOU KNOW 13 FEET ABOVE MEAN SEA LEVEL SO THE GOOD ALREADY SO IT'S IT ALL DEPENDS ON WHOSE OX YOU WANT TO GO WITH HERE SO HOW THAT I WISH I COULD TELL YOU HOW TO DO IT BUT I CAN'T SO THANKS. THANK YOU. ARE THERE ANY OTHER COMMENTS THIS AGENDA ITEM ALEX FROM THANK YOU MADAM CHAIR. THIS IS A DIFFICULT WHEN YOU PAY ATTENTION THE SLIDE AND SPOKE TO THE AMOUNT OF NON-CONFORMITY IS IT REALLY STARTS TO OPEN YOUR EYES I JUST ASKED THAT WE TRY TO LOOK AT IT IN TWO DIFFERENT LENS ONE A RESIDENTIAL AND ONE A COMMERCIAL. I THINK WE ARE GOING TO RUN INTO SOME ISSUES FAR AS PROPERTY RIGHTS ARE CONCERNED ON A RESIDENTIAL SIDE PRETTY HEAVILY BECAUSE THERE ARE SOME UNDEVELOPED AREAS OBVIOUSLY WILL HAVE CONCERNS BUT ON THE COMMERCIAL SIDE I WANTED US TO JUST TAKE A LITTLE ANGST OUT OF IT.
I'M CURIOUS TO KNOW I CAN'T REMEMBER THE NUMBER I THINK IS 300 OR SO COMMERCIAL THAT WILL NOW BE UNCONFIRMED AS FAR AS THE NEW AMENDMENT IS CONCERNED. I'D LIKE TO UNDERSTAND A LITTLE BIT BETTER THE AGE OF THOSE COMMERCIAL SPACES AS IF THEY'RE 60 PLUS YEARS OLD THEN WHAT HAPPENS AS FAR AS REDEVELOPMENT IS CONCERNED? I THINK THAT'S IMPORTANT FOR US AS WE ARE REVIEWING THIS. AND SECONDLY, HOW MANY OF THOSE UNOCCUPIED AND NOT BEING USED AND HOW DOES THAT AFFECT US AS FAR AS REDEVELOPMENT IS CONCERNED WITH THE NEW PROPOSED ? SO I JUST OFFERED IT TO THE CONVERSATION.
THANKS. THANK YOU. COUNCILMAN TUNNELL.
SO I CONCUR COUNCILMAN BROWN'S COMMENT ABOUT THE IMPACT ANYTHING THAT IMPACTS 18,000 RESIDENTS ON THIS ISLAND NEGATIVELY SHOULD GIVE YOU PAUSE IN REGARDS TO UNDERSTAND IN COMPLETELY UNDERSTANDING WHAT THE IMPACTS ARE GOING TO BE AND WHAT THAT I DO FIND IT A LITTLE CONFUSING. WHAT I HEARD WAS IT DOESN'T IMPACT THE HEIGHT AT THIS TIME THE WAY THIS IS STRUCTURED BUT IT IS MORE ABOUT MAKING IT SMALLER TO FIT INTO THE ANGLES
[02:30:06]
SO YOU CAN STILL BE AS TALL BUT YOU'RE GOING TO HAVE TO SQUEEZE YOUR HOUSE IN TO BE ABLE TO MEET THOSE ANGLES. WAS THAT ACCURATE? OKAY.KIND OF SEE THAT'S WHY IT GETS CONFUSING, YOU KNOW, FROM A DIFFERENT POINT YOU WERE MEASURING FROM A POINT BENEATH THE EARTH AND THEN WHATEVER YOUR SURVEY WOULD SAY THAT YOUR MEAN SEA LEVEL OR YOUR IS SEVEN EIGHT 1026 THAT'S YOUR STARTING POINT AND WE KNOW OUR FEMA REGULATIONS THAT WE'VE ADOPTED THAT YOU FOR RESIDENTIAL HAVE BE AT 13 PREVIOUSLY IT WAS 14 SO WE CREATED A ONE FOOT NON-CONFORMITY BACK THEN AND SOME RESPECTS BUT CURRENTLY IT'S 13 SO IF YOU'RE AT EIGHT AND YOU HAVE TO BE AT 13 BEFORE YOUR FIRST LEVEL YOUR FIRST LIVABLE LEVEL THEN THERE IS I SEE THERE WHICH IS A GIFT SO YOUR MAXIMUM HEIGHT IN YOUR DISTRICT IS 35 AND IN THAT CONDITION YOU'RE ACTUALLY 40. THAT'S THE WAY IT CURRENTLY IS IF. IT WAS TO BE REVISED IN THIS REGARD YOU'RE MEASURING FROM THAT EIGHT THAT YOUR SURVEY SAYS IS YOUR GROUND LEVEL PRE-CONSTRUCTION GRADE AND THEN YOU'RE MEASURING FROM THERE TO YOUR 35 AND THAT'S IT AND THAT'S THAT THAT IS DESIRABLE THAT 100% DESIRABLE FOR A NEW FOR A NEW DEVELOPMENT IF WE'RE TRYING REDUCE THE HEIGHT AND WE'RE TRYING TO GO BACK TO THE PURPOSE IN THE ATTEMPT THIS ALAMO WAS ORIGINALLY WRITTEN AROUND BUT WHEN YOU'RE TALKING ABOUT ESTABLISHED NEIGHBORHOODS WHERE YOU'RE NOW GOING TO TAKE A BURDEN FROM ONE END AND THEN MULTIPLY ON THE OTHER END THAT'S THAT'S THAT'S THE DIFFICULT PART. I'M NOT SURE IF I HELPED TO MAKE IT CLEAR FOR YOU AND IT'S COMPLICATED I GUESS BE THE RESPONSE TO THAT AND THEN THE OTHER COMMENT I TO MAKE WAS YOU KNOW IN THE BACK IT TALKS ABOUT IF THERE'S NATURAL NATURAL DISASTER NAMED STORM ETC. THAT YOU'D HAVE YOU BE HAVE THE ABILITY TO BUILD TO WHAT YOU HAD BEFORE IF YOU BUILT IT BACK IN 18 MONTHS. YOU KNOW, GIVEN MY EXPERIENCE IN THE INSURANCE INDUSTRY, IF THERE IS A NAMED STORM OF ANY MAGNITUDE, YOU'RE NOT GOING TO BE ABLE TO BUILD YOUR HOME WITHIN 18 MONTHS BECAUSE YOU'RE NOT GOING TO BE ABLE TO GET ACCESS TO IT, FIND VENDOR WORK THROUGH YOUR INSURANCE COMPANY ETC. SO THAT I THINK IS SOMETHING I UNDERSTAND WHY YOU WANT TO PUT A TIMELINE ON IT SO IT'S NOT YOU KNOW, FOREVER BUT I DON'T THINK THAT 18 MONTHS IS PROBABLY APPROPRIATE IF. ANYTHING LARGE HAPPENS. THANK YOU.
THANK DIFFICULT IT WAS TO GET MATERIALS RIGHT SO THERE OTHER FACTORS THAT COULD COULD EXASPERATE THAT PROBLEM THAT YOU'RE REFERRING TO YOU KNOW ARTISANS AS COMMON COURTESY OF A COMMON WELL AND TO THAT IN THE EVENT OF A WIDESPREAD NATURAL COUNCIL CAN ADOPT EMERGENCY ORDINANCES TO MODIFY THAT TIMELINE TO DEAL WITH THE SITUATION AS IT EXISTS ON THE GROUND AT THAT TIME AS COUNCIL HAS DONE BEFORE THAT MAKES SENSE THEN THAT'S IN A NATIONAL WIDESPREAD DISASTER. WHAT WOULD HAPPEN IN AN INDIVIDUAL BECAUSE ONE OF THE POINTS HERE IS WITH REGARD IS THE OF A HOME THAT'S BURNED DOWN AND THAT 18 MONTH TIME FRAME I THINK THOSE SAME CONDITIONS APPLY TO IS THERE ROOM WITHIN DOES IT SAY WITHIN THE OFFICIAL'S DISCRETION TO ALLOW FOR ADDITIONAL TIME? THERE IS LANGUAGE IN THE CODE THAT GIVES SOME PARAMETERS RELATED TO THAT 18 MONTHS AND AND IT DOESN'T MEAN THAT IT HAS TO BE FULLY CONSTRUCTED. THE PERMIT HAS TO BE APPLIED FOR BUT AND I DON'T HAVE THE CURRENT CODE IN FRONT OF ME BUT IT SOMETHING RELATED TO WAITING FOR INSURANCE SO I COULD PULL THAT UP IN A MINUTE BUT I BELIEVE THE CURRENT NON-CONFORMITY CODE HAS SOME EXCEPTIONS RELATED TO THE SCENARIO THAT I BELIEVE THERE ARE LEEWAY PROVIDED FOR IN THERE BUT IT'S A POINT WELL TAKEN IN TERMS OF SOMETIMES PUTTING A DATE AND TIME AND SPACE ON IT. SURE. BEFORE BEFORE I STOPPED I WANTED TO MAKE AN OBSERVATION. I HAVE IT ON A BUNCH OF PAPERS .
IT'S REALLY GOING TO COME UP A COUPLE OF TIMES. WE HAVE FENCES AND WALLS IN HERE AND I THINK IT WAS SOMETHING THAT WAS IN ONE OF YOUR LISTS THAT YOU PROVIDED
[02:35:03]
TO US AND THEN FENCES AND WALLS BEING SEVEN FEET TALL WITHOUT A PERMIT ON A PROPERTY LINE.I WANT TO HAVE THOUGHT FENCES AND WALLS WERE THE SAME THING. THEY'RE NOT AND WE NEED TO ADDRESS THEM SEPARATELY AND IN DIFFERENT WAYS AND THEN THERE'S ANOTHER SECTION THAT CAME BY IN IN THIS PAPERWORK WHERE IT JUST MENTIONS AND SO I DON'T WANT THERE TO BE ANY CONFUSION AND I DIDN'T WRITE DOWN EXACTLY WHERE IT IS BUT IT'S THE IT'S IN YOUR PRESENTATION SOMEWHERE FENCES OR WALLS IS ONE SECTION AND THEN IT'S THE SAME IDEA IS REFERRED TO AS JUST FENCES AND I THINK WE NEED TO ADDRESS THAT A WALL IS NOT A FENCE. THERE'S NOT A DEFINITION I COULDN'T FIND WHERE A WALL IS THE SAME AS A FENCE AND I'M SPEAKING FROM PERSONAL EXPERIENCE A SEVEN FOOT CONCRETE WALL ON YOUR PROPERTY LINE IS NOT DESIRABLE TRAIT IN A QUALITY NEIGHBORHOOD SO JUST THROWING THAT OUT THERE BECAUSE IT IS WITHIN ALL OF THIS TEXT HERE AS I'VE DESCRIBED AND SO DO WE HAVE A MOTION OR YES I MOVE THAT THE COMMITTEE FLORIDA COUNCIL WITH A RECOMMENDATION OF APPROVAL TO AMEND THE LAND MANAGEMENT ORDINANCE REGARDING REGULATIONS WITH A MEASURE OF HEIGHT AND SANDBAG ENCROACHMENT OR RESIDENTIAL NONRESIDENTIAL DEVELOPMENT AS INDICATED IN THE REFERENCE SECTIONS THEY HAVE RECOMMENDATIONS TODAY THE WELL IT'S YOUR MOTION OR WORDS JUST LIKE THE PRIOR YES ITEM TO ADD ON A LIST OF ITEMS THAT THAT WE TALKED ABOUT. YOU KNOW I LOOK AT THIS I'M VERY COMFORTABLE WITH YOU'VE GOT THEM. OKAY.
WELL YOU CAN CONFIRM IF I'M OR NOT SO IN THE REQUIRED MEANS OF EGRESS STATE THAT IT IS REQUIRED MEANS THE BUILDING CODE THAT WE NEED TO EXAMINE VESTED RIGHT FOR EXISTING NEIGHBORHOODS WITH VACANT LOTS WE NEED TO EXAMINE THE UNITS AND WHETHER OR NOT THERE SHOULD BE OR THERE SHOULD BE A RESTRICTION FOR EACH FOR USE AS A UNITS FROM NOT BEING ABOVE THE ROOFLINE IN RESIDENTIAL OF FENCES AND WALLS ARE NOT THE SAME AND WE NEED TO HAVE SOME SEPARATION SOME DISTINGUISH BETWEEN THAT. I THINK SPECIFICALLY WHAT WE HEARD IS THAT FROM THE ENCROACHMENT STANDPOINT FENCE IS A REAL GATED ENCROACHMENT WALLS OR NOT. WE MAY HAVE TO DO SOME WE MAY HAVE TO ADD SOME DEFINITIONAL ITEMS TO TO MAKE SURE WE UNDERSTAND WHAT OFFENSES VERSUS A WALL THERE IS SOME OTHER COMMENTARY ABOUT POTENTIALLY SPLITTING THE AMENDMENT ENCROACHMENTS VERSUS HEIGHT AND THEN SOME ADDITIONAL INFORMATION THAT WE NEED TO PROVIDE THAT I HEARD COUNCILMAN BROWN AS FAR AS THE AGE OF POTENTIAL NON-CONFORMITY AND THE OCCUPANCY OF NONCONFORMING IS AGE WE HAVE VACANCY MIGHT BE A LITTLE BIT MORE CHALLENGING FOR US TO GET BUT ALSO NOTES IF I HAD FOR US TO TO STUDY DID YOU NOT I MEAN DID YOU SAY ANYTHING ABOUT WHAT I TALKED ABOUT LOTS THAT WILL BE HOW DID YOU THAT WAS THE VESTED RIGHT FOR EXISTING NEIGHBORHOODS SO IF YOUR NEIGHBOR HAS WE BUILD OUT THIS SHOULDN'T APPLY KNOW WHERE YOU STARTED IF IT'S A NEW NEIGHBORHOOD OR IF IT'S LESS THAN 50% BUILD OUT, PERHAPS THIS HAS TO CONFORM.
THAT'S EXTREMELY IMPORTANT THAT YOUR MOTION YES MAKE IT LOOK I WAIT FOR THE MOTION I'LL SECONDS HAMMER AND I WAS THERE ANY DISCUSSION ABOUT THAT WELL IN GENERAL UNTIL WE FULLY AS A COUNCIL DECIDE WHAT COMMITTEES ARE FOR I CONSIDER THIS COMMITTEE I MEAN WE ARE VERY AND THIS THIS IS A VETTING TIME AND AND I THINK THAT'S WHAT WE'VE DONE FOR THE LAST HOUR ON
[02:40:01]
THIS SUBJECT THIS OUR CONCERNS AND THERE'S GOING TO BE OTHER CONCERN OTHER COUNCILMEN THAT ARE NOT HERE IN THE OUTSIDE WORLD GET IN OUR AIR BEFORE WE GET TO FULL COUNCIL.SO THAT LIST PROBABLY GROW JUST BECAUSE A VOTE ONE WAY IN THIS COMMITTEE DOESN'T MEAN IT'S GOING TO GO THAT WAY IN FULL COUNCIL I THINK UNLESS WE ADDRESS THESE ISSUES SO I THINK THAT'S A POINT WELL TAKEN AND I ALSO WANTED TO ADD TO YOUR LIST WHICH IS DIFFICULT BECAUSE WE JUMPED INTO THIS BUT ADDING TO THAT LIST AS WE'VE SAID ALL ALONG THAT WE NEED TO ESTABLISH A MINIMUM LOT SIZE MOVING FORWARD BUT WE NEED TO ADDRESS WHICH I THOUGHT WAS GOING TO BE THE PRIMARY FOCUS AFTER THE FA WASN'T TO CONTINUE TO BE VOTED ON WHICH WAS THAT THERE WOULD BE A PERVIOUS IMPERVIOUS RELATIONSHIP. AND SO IF WE'RE TRULY TRYING TO CREATE A COMMUNITY IN A WHERE YOU GET ALL OF THOSE THINGS THAT THE PURPOSE AND INTENT OF THE LMA WAS SUPPOSED TO ADDRESS LIGHT AIR ETC. THAT IT'S REALLY GOOD IT WAS WELL DONE IT JUST HASN'T BEEN ALL THAT THEN WE NEED TO TALK ABOUT PERVIOUS IMPERVIOUS BECAUSE THE PART THAT'S REALLY GOING TO SOLVE THE WATER RUNOFF PROBLEMS FOR OUR STORMWATER IT'S GOING TO CREATE A BETTER COMMUNITY BETWEEN HOUSES IT'S IT'S GOING TO ESTABLISH THE SIZE OF A HOME THAT'S PROPER FOR THE RELATIONSHIP OF WHAT YOU WANT TO BUILD ON IT I'LL GIVE YOU AN EXAMPLE. YOU CAN ALL GO BY AND IT BECAUSE IT ALWAYS HAPPENS HERE BUT WHEN YOU HAVE A LOT WHERE THERE'S LITERALLY LEFT A SMALL SMALL PERCENTAGE OF PERVIOUS LAND AROUND IT THAT'S NOT HEALTHY FOR ANY COMMUNITY AND WE NEED TO STOP AND I'M NOT SURE WHY WE'RE NOT ADDRESSING THAT AS A IN THE PRIORITY AMENDMENTS BUT WE OUGHT TO BE SO JUST WANTING TO ADD THOSE AND I CERTAINLY BELIEVE AS YOU SAID CONSEQUENCES FROM THEN THERE WILL BE ADDITIONS TO THAT FROM OTHER COUNCIL MEMBERS PREVIOUSLY AND ANOTHER PART OF A PROCEDURAL HIGHLIGHT IS WE USED TO TAKE A COMMITTEE INVENT THINGS AND THEN SOMETIMES SEND THEM BACK TO STAFF TO WORK ON THEM TO HEAR THEM AGAIN AND BEFORE WE THOUGHT THAT IT WAS READY TO MOVE UP FROM WHOLE TOWN COUNCIL'S REVIEW AND THEN WHEN WE DID THAT STAFF ALWAYS BROUGHT FORTH TO US A BRIEF, TOLD US WHAT HAPPENED, GAVE US AN OPPORTUNITY TO HEAR WHAT HAD HAPPENED HERE TODAY AND FOR THE TOWN OTHER TOWN COUNCIL MEMBERS TO GO OFF AND TO THINK ABOUT IT AND ADD COMMENT BEFORE IT WAS VOTED ON. THAT'S A LOGICAL, THOUGHTFUL WAY TO DO THINGS AND I DON'T KNOW WHY WE'RE JUST RUNNING AWAY FROM THAT BUT THAT'S THE WAY WE DID THINGS. AND THEN AFTER THAT BRIEF ADDITIONAL COMMENTS COULD BE MADE IN A VOTE TAKEN TO THE FULL TOWN COUNCIL WHEN EVERYONE WAS CLEARLY TRULY INFORMED I'M DISSATISFIED WITH THE PROCESS THAT WE'RE ENGAGING IN AND I THINK WE WILL REGRET IT SO WE HAVE A MOTION ON THE TABLE AND SECOND TO ALL IN FAVOR AND WITH THAT IF THERE ARE NO OTHER COMMENTS OR CONCERNS WE ARE
* This transcript was compiled from uncorrected Closed Captioning.