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Home My Public Portal About120_020_First Reading Ord 43-2014; Sec 3-100 - beach & dunes MAYOR CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL - .' ° CITY CLERK Wanda Doyle,Mayor Pro Tem Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett Edward M. Hughes Monty Parks rm 't� I Paul Wolff CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: August 14, 2014 Item: Public Hearing Explanation: Text Amendment—Ord. 43-2014; Land Development Code Sec. 3-100, Beach, Dune, or Vegetation Disturbance / Crossover Maintenance and Construction; City of Tybee Island, petitioner; consideration of beach and dune regulations Budget Line Item Number (if applicable): N/A Paper Work: J Attached* Ai Audio/Video Presentation** Electronic submissions are requested but not required. Please email to jleviner @cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912) 472-5031 / dotto@cityoftybee.org Comments: Date given to Clerk of Council: July 23, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 , City of Ethics if www.cityoftybee.org 1,'�,B s u ,:re,r eocto ,o'tfs \ // VV 'y f PLANNING COMMISSION ((JJ NOTICE OF DETERMINATION Meeting date: July 15, 2014 Project Name/Description: Section 3-100 — Beach, Dune, or Vegetation Disturbance I Crossover Maintenance and Construction Action Requested: Text Amendment Special Review ' Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code X Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR AGAINST COMMENTS Bishop X Bossick Absent Bramble X Livingston X Second _ Major X Marion Chair McNaughton X Motion to approve The Planning Commission recommends: Z Approval ❑ Denial ❑ Continued Planning Commission Chair: Date: Planning & Zoning Manager: c,,,,,, Date: r7- CURRENT ORDINANCE Sec. 3-100. Beach, dune, or vegetation disturbance/ crossover maintenance and construction. It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon in the area within the jurisdiction of the department of natural resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq. without having first obtained the proper federal, state and local permits. Special review shall be required for any alteration, construction or disturbance of beach, dunes or vegetation thereon including the alteration or construction of dune crossovers; provided, however city projects, approved special events or the maintenance of existing dune crossovers, including the replacement of supports, decking boards, pilings and or handrails, for placement in the same location as then currently exist, shall not require special review. Within any area within the jurisdiction of the department of natural resources under the Shore Protection Act (O.C.G.A. 12-5-230, et seq.), there shall be a ten-foot setback measured from the landward toe of the landward-most dune as delineated by the state department of natural resources. (Ord. Correction to dates, amended 4-14-2005; Ord. of 4-23-2009; Ord. No. 23-2011, 4-14-2011; Ord. No. 23- 2011(A), 8-11-2011; Ord. No. 27-2013, 8-22-2013) PROPOSED REDLINE Sec. 3-100. Beach, dune, or vegetation disturbance/ crossover maintenance and construction. It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon '- - - _ - _ _ •_ . without having first obtained the proper federal, state and local permits. Special review shall be required for any alteration, construction or disturbance of beach, dunes or vegetation thereon including the alteration or construction of dune crossovers; provided, however city projects, approved special events or the maintenance of existing dune crossovers, including the replacement of supports, decking boards, pilings and or handrails, for placement in the same location as then currently exist, shall not require special review. Shore Protection Act (O.C.G.A. 12 5 230, et seq.), there There shall be a ten-foot setback measured from the landward toe of the landward-most dune as delineated by the state department of natural resources. 07/07/2014 V Y. on 0 .\ o u I > l o . . 49. 2 . ` \ S / � < . /, f . . I . . c I yi J > � o o c (o - Q ■ -1-- , , . C to IV § i • � I' \ C + ' i-0 5- Cwsj o § .__,. t n 13 ° rafi X 0 — , L 0 O in_ VI ` . - r 1 VI 3 li L.. 0 -0▪• , f 0 ▪ C 0 • // m N � i 0 0 § . . . la ƒ ▪ 2 Q \ ' ' ,Z § � . - I. I % . \ 2 q . % 4. / c ti F > /� 2 7 tel E $ c [.- , ) / —ea \ r in I I- � V -'' cri 2.1%.4 * 'ell 1 ORDINANCE NO. 43-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 3-100, BEACH, DUNE, OR VEGETATION DISTURBANCE/CROSSOVER MAINTENANCE AND CONSTRUCTION, FOR THE CITY OF TYBEE ISLAND, GEORGIA, WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code dealing with parking decals so as to place limitations thereon, and for other purposes, and WHEREAS, the City of Tybee Island desires to amend Section 3-100, Beach, dune, or vegetation disturbance/crossover maintenance and construction, to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances is hereby amended so as to clarify Section3-100 and that the Code shall be amended as hereinafter provided. SECTION 1 Section 3-100 is hereby amended and it shall hereafter read as follows: Sec. 3-100. Beach, dune, or vegetation disturbance/ crossover maintenance and construction. It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon without having first obtained the proper federal, state and local permits. Special review shall be required for any alteration, construction or disturbance of beach, dunes or vegetation thereon including the alteration or construction of dune crossovers; provided, however city projects, approved special events or the maintenance of existing dune crossovers, including the replacement of supports, decking boards, pilings and or handrails, for placement in the same location as then currently exist, shall not require special review. There shall be a ten-foot setback measured from the landward toe of the landward- most dune as delineated by the state department of natural resources. SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/43-2014 Sec 3-100 beach dune vege disturbance 07.22.14 2