Public Works and Utilities Committee

PUBLIC WORKS AND UTILITIES COMMITTEE AGENDA There will be a meeting of the Public Works and Utilities Committee on Tuesday, January 10, 2017 to begin at 4:00 p.m. at 1st Floor Conference Room, 80 Broad Street. The following items will be heard: A. Invocation B. Approval of Public Works and Utilities Committee Minutes December 6, 2016 – DEFERRED December 20, 2016 – DEFERRED C. Request to Set a Public Hearing None D. Acceptance and Dedication of Rights-of-Way and Easements 1. Carolina Bay Phase 21A - Acceptance and dedication of Bethel Way (50-foot right- of-way) and a portion of Conservancy Lane (50-foot right-of-way. Sidewalk and asphalt lift are bonded. a. Title to Real Estate b. Affidavit for Taxable or Exempt Transfers c. Plat d. Exclusive Storm Water Drainage Easements E. Requests for Permanent Encroachments 1. 880 Island Park Drive, Daniel Island Square Phase 1, Daniel Island Performing Arts Center Multi-Use Development – installing roof overhangs, canopies, handrails, and signage band encroaching into right-of-way. 2 George Street, Suite 2100, Charleston, SC 29401-3506 · Phone (843) 724-3754 · Fax (843) 973-7261 F. Temporary Encroachments Approved By The Department of Public Service (For information only) 1. 3076 S. Shore Drive – installing irrigation encroaching into right-of-way. This encroachment is temporary. Approved 12/22, 2016. 2. 149 Brailsford Street – installing irrigation encroaching into right-of-way. This encroachment is temporary. Approved 12/22, 2016. 3. 1444 Willtown Street – transfer from contractor – irrigation installed in right-of-way. This encroachment is temporary. Approved 12/22, 2016. 4. 1636 Oak Leaf Street – transfer from contractor – irrigation installed in right-of-way. This encroachment is temporary. Approved 12/22, 2016. 5. 2552 Private Lefler Drive – installing 4-foot aluminum fence encroaching into drainage easement. This encroachment is temporary. Approved 12/22, 2016. 6. 1344 Seaside Plantation Drive – installing 4-foot wooden fence encroaching into drainage easement. This encroachment is temporary. Approved 12/22, 2016. 7. 2869 Ortega Drive – installing 6-foot wooden fence encroaching into drainage easement. This encroachment is temporary. Approved 12/22, 2016. 8. 3216 Grants Passage Drive – installing 4-foot wooden fence encroaching into drainage easement. This encroachment is temporary. Approved 12/22, 2016. 9. 302 Rose Marie Drive – installing 6-foot wood fence encroaching into drainage easement. This encroachment is temporary. Approved 12/22, 2016. 10. 1417 Widows Court – installing 6-foot fence encroaching into drainage easement. This encroachment is temporary. Approved 12/22, 2016. G. Miscellaneous or Other New Business 1. Update on Stormwater Policy for grandfathered commercial developments. Report to be presented at September Public Works & Utilities Committee meeting – DEFERRED. Councilmember Perry K. Waring Chairperson  STATE OF SOUTH CAROLINA ) TEMPORARY / PERMANENT ) ENCROACHMENT AGREEMENT COUNTY OF CHARLESTON ) THIS ENCROACHMENT AGREEMENT (“Agreement”) is made in the County and City of Charleston, SC, on________________ 21 December day of __________________, 16 by and between The City of Charleston, a South Carolina Municipal 20___ Corporation (hereinafter referred to as “City”) and _________________________________________________________(hereinafter Nemo, LLC referred to as “Grantee”). Whereas, the City is the owner of the property, sidewalk, or right-of-way located at (property address) 880 Island Park Drive ____________________ ___________________________________________________________________________________________________________ Daniel Island, SC 29492 in the City of Charleston, South Carolina (“Property”), and is more fully shown on Exhibit A, attached hereto and incorporated by reference herein; and Whereas, Grantee desires to install/construct a (Describe Encroachment) TMS #: 275-00-00-157 _____________________________________ Proposed permanent encroachment in the Central Island Street R/W and Island Park R/W. Encroachment includes a ___________________________________________________________________________________________________________ roof canopy overhang into the R/W, roof overhangs, handrails, signage band. ________________________________________________________________________________________ (“Encroachment”); and Whereas, Grantee desires to install/construct the Encroachments on the City’s Property as shown on Exhibit B (“Encroachment Area”) which is attached hereto and incorporated by reference herein; and Whereas, the City is willing to permit the aforementioned Encroachment strictly in accordance with the terms and conditions herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties hereto agree as follows: 1. The aforesaid recitals are incorporated herein verbatim. 2. No Interest in Encroachment Area. The Grantee shall not acquire any right, title, or interest in or to the City’s Property as fully described and depicted in Exhibit A or the portion thereof affected by this Agreement. Grantee understands and agrees that the Encroachment is for a permissive use only and that the placing of the Encroachment shall not operate to create or vest any property rights in Grantee. 3. Access. The City shall have free and complete access to the Property for maintenance and repair of the Property, and the Grantee shall hold harmless the City for any damage that may be done to the Encroachment by the City during maintenance and repair of the Property. 4. Maintenance of Encroachment. The Grantee shall maintain the Encroachment in a good and safe condition as long as the Encroachment remains on the Property. Further, the Grantee understands and acknowledges that should the Grantee damage and/or disturb the Property and/or the Encroachment, the Grantee shall be solely responsible for repairing the destroyed/disturbed Property and the Encroachment to the City’s satisfaction. a. If this box is checked by the City, a general liability insurance policy with combined single liability limits for personal injury or death and property damage in the amount of $1,000,000.00 per occurrence shall be required by the Grantee naming the City as an additional insured. Grantee agrees to provide proof of such policy to the City prior to the installation of the Encroachment. 5. Indemnification. Grantee shall indemnify, defend, and hold harmless the City against any and all claims or suits for damages or injury arising from Grantee’s Encroachment or use of the Encroachment or from any activity, work, or act done, permitted, or suffered by Grantee in or about the Encroachment, and shall further indemnify, defend, and hold harmless the City against and from any and all claims or suits arising from any breach or default of any performance of any obligation of Grantee hereunder, and against and from all costs, attorney’s fees, expenses, and liabilities related to any claim or any action or proceeding brought within the scope of this indemnification. 6. Assignment. Grantee shall not assign this Agreement without the prior written consent of the City. 7. Successors and Assigns. This Agreement shall be binding upon the Grantee, its successors, and assigns. 8. Removal of Encroachment. Any unlawful encroachments existing in the public right-of-way shall be subject to removal and the owner shall be responsible for labor and costs associated with such removal. Any encroachments existing in the public right-of-way shall be removed upon twenty-four (24) hours notice given by the Department of Public Service when such removal is necessary to repair or improve the right-of-way. If it is necessary to remove the encroachment(s), the owner shall be responsible for labor and costs associated with removal and reinstallation. In the event that the City Police, Fire, Public Service or Traffic and Transportation departments determine that the location of an encroachment constitutes an immediate physical danger to life, safety, or health, the encroachment may be removed immediately without prior notice. If the city removes an encroachment, a notice of removal shall be sent to the owner as soon as practicable under the circumstances. Any abandoned encroachment shall Exhibit A proj: DI Square – Phase 1 re: Encroachment Permit Submittal date: November 28, 2016 comm: 1613.00 Property Description and Address Where Encroachment is Requesting to be Placed Project Information: Project / Site Name: Daniel Island Square - Phase I Location: 880 Island Park Drive Daniel Island, SC 29492 T.M.S.#: 275-00-00-157 Latitude: 32° 51' 46.51" Longitude: 79° 54' 25.41" Project Description: This project is new construction of a four-story building, including a restaurant on the first floor with 3 floors of office space above. New sidewalks will be placed along Island Park Drive (south of the building) and Central Island Street (east of the building). A new parking lot will be constructed north of the building, and a new paved courtyard will be constructed to the west to provide outdoor patio seating for the restaurant. Existing Adjacent Property North Border: Commercial Development East Border: Central Island Street South Border: Island Park Drive West Border: Commercial Development Refer to Exhibit B for explanation of requested encroachments. Refer to Exhibits C, D, E, & F for diagrams of plans & elevations to illustrate encroachment locations. 400 Hibben Street, Mount Pleasant, SC 29464 | 843.881.7642 | smha.com Page 1 of 1 Exhibit B proj: DI Square – Phase 1 re: Encroachment Permit Submittal date: December 9, 2016 comm: 1613.00 This document (Exhibit B) is provided to supplement the Encroachment Permit application. Below is a list of the requested encroachments (1-4) and a description of the encroachments shown on each of the attached exhibits (Exhibits C, D, E, and F). The requested permanent encroachments are as follows: 1.
Edge of High Roof extends beyond East property line by 2’-4” max 2.
Edge of Canopy extends beyond East property line by 1’-10” max 3.
Signage Band extends beyond South property line by 5’-0” max 4.
Handrails extend beyond East and South property line by 1’-0” max Exhibit C Plan Diagram for Permanent Encroachments, including Signage, Canopy & Roof a. Edge of High Roof extends beyond East property line b.
Edge of Canopy extends beyond East property line c.
Signage Band extends beyond South property line Exhibit D Plan Diagram for Permanent Encroachments, including Handrails a.
Handrails extend beyond East property line b.
Handrails extend beyond South property line Exhibit E East Elevation showing Permanent Encroachments a.
Edge of High Roof extends beyond East property line b.
Edge of Canopy extends beyond East property line c.
Signage Band extends beyond South property line d.
Handrails extend beyond East and South property lines Exhibit F South Elevation showing Permanent Encroachments a.
Edge of High Roof extends beyond East property line b.
Edge of Canopy extends beyond East property line c.
Signage Band extends beyond South property line d.
Handrails extend beyond East and South property lines 400 Hibben Street, Mount Pleasant, SC 29464 | 843.881.7642 | smha.com Page 1 of 1 STUBBS MULDROW HERIN architects, inc. 400 Hibben Street • Mount Pleasant, SC • 29464 843 881 7642 • 843 884 5021 fax • www.smha.com STUBBS MULDROW HERIN architects, inc. 400 Hibben Street • Mount Pleasant, SC • 29464 843 881 7642 • 843 884 5021 fax • www.smha.com STUBBS MULDROW HERIN architects, inc. 400 Hibben Street • Mount Pleasant, SC • 29464 843 881 7642 • 843 884 5021 fax • www.smha.com STUBBS MULDROW HERIN architects, inc. 400 Hibben Street • Mount Pleasant, SC • 29464 843 881 7642 • 843 884 5021 fax • www.smha.com