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Home My Public Portal About201707136CityCouncilPacket.pdfTable of Contents 000_000_20170713Agenda....................................................................................................................................................................................... 1050_010_20170620Minutes....................................................................................................................................................................................... 3050_020_20170627MinutesFirstReading....................................................................................................................................................................................... 6050_030_20170627MinutesSecondReading....................................................................................................................................................................................... 7050_040_20170628MinutesAdoptionMillage....................................................................................................................................................................................... 8100_010_20170713 VARIANCE-1303 2ND....................................................................................................................................................................................... 9 20170417_PC_MINUTES.pdf PLANNING COMMISSION INTERIM CITY MANAGER Demery Bishop George Shaw Alan Robertson Edward M. Hughes 20170515_PC_AGENDA.pdf PLANNING COMMISSION INTERIM CITY MANAGER....................................................................................................................................................................................... 10 Demery Bishop George Shaw....................................................................................................................................................................................... 10 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 10 20170515_PC_MINUTES.pdf PLANNING COMMISSION INTERIM CITY MANAGER....................................................................................................................................................................................... 11 Demery Bishop George Shaw....................................................................................................................................................................................... 11 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 11100_020_20170713_CC VARIANCE....................................................................................................................................................................................... 35 20170619_PC_AGENDA....................................................................................................................................................................................... 36 PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 36 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 36 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 36 20170515-PC MINUTES 20170619-VARIANCE-701 RAILWOOD....................................................................................................................................................................................... 37 20170619-SITEPLAN-27 TYBRISA AA.pdf A B C D E 20170619-TEXT AMENDMENT SEC.3-090 (A)(2) EGRESS 20170619-QUIT CLAIM STANDING AGENDA ITEM Untitled_20170531_151619_001 Untitled_20170531_151619_002 20170515_PC_MINUTES.pdf PLANNING COMMISSION INTERIM CITY MANAGER Demery Bishop George Shaw Alan Robertson Edward M. Hughes100_030_20170713_CC SITE PLAN....................................................................................................................................................................................... 55 20170619_PC_AGENDA....................................................................................................................................................................................... 56 PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 56 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 56 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 56 20170515-PC MINUTES 20170619-VARIANCE-701 RAILWOOD 20170619-SITEPLAN-27 TYBRISA....................................................................................................................................................................................... 57 AA.pdf A....................................................................................................................................................................................... 76 B....................................................................................................................................................................................... 77 C....................................................................................................................................................................................... 78 D....................................................................................................................................................................................... 79 E....................................................................................................................................................................................... 80 20170619-TEXT AMENDMENT SEC.3-090 (A)(2) EGRESS 20170619-QUIT CLAIM STANDING AGENDA ITEM Untitled_20170531_151619_001 Untitled_20170531_151619_002 20170515_PC_MINUTES.pdf PLANNING COMMISSION INTERIM CITY MANAGER Demery Bishop George Shaw Alan Robertson Edward M. Hughes100_040_20170713_CC QUIT CLAIM....................................................................................................................................................................................... 84 20170619_PC_AGENDA....................................................................................................................................................................................... 85 PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 85 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 85 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 85 20170515-PC MINUTES 20170619-VARIANCE-701 RAILWOOD 20170619-SITEPLAN-27 TYBRISA AA.pdf A B C D E 20170619-TEXT AMENDMENT SEC.3-090 (A)(2) EGRESS 20170619-QUIT CLAIM....................................................................................................................................................................................... 86 STANDING AGENDA ITEM Untitled_20170531_151619_001 Untitled_20170531_151619_002 20170515_PC_MINUTES.pdf PLANNING COMMISSION INTERIM CITY MANAGER Demery Bishop George Shaw Alan Robertson Edward M. Hughes100_050_13-2017 - Sec 3-090(A)(2) - REDLINE - scan....................................................................................................................................................................................... 102100_051_13-2017 Sec 3-090(A)(2) Egress from Elevated Structures 07.06.17....................................................................................................................................................................................... 103100_060_20170619_PC_AGENDA....................................................................................................................................................................................... 105 PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 105 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 105 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 105100_070_20170619_PC_MINUTES....................................................................................................................................................................................... 106 PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 106 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 106 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 106120_010_travel-07032017105359....................................................................................................................................................................................... 109120_030_IA on beach improvements....................................................................................................................................................................................... 157130_010_05A-2017 Ethics 06.09.17 - CLEAN....................................................................................................................................................................................... 160130_020_10-2017 Height....................................................................................................................................................................................... 165 20170515_PC_AGENDA.pdf PLANNING COMMISSION INTERIM CITY MANAGER Demery Bishop George Shaw Alan Robertson Edward M. Hughes130_030_11-2017 MPIC membership 06.01.17....................................................................................................................................................................................... 168130_040_14-2017 Art V Sec 42-64 Fireworks - 07.06.17{1657048.1}....................................................................................................................................................................................... 171140_010_ante litem-07032017105927-0001....................................................................................................................................................................................... 175140_020_Ltr to HUGHES w release....................................................................................................................................................................................... 176 AGENDA REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL JULY 13, 2017 7:00PM Please silence all cell phones during Council Meetings I. Consideration of Items for Consent Agenda 6:30PM II. Executive Session III. Opening Ceremonies 1 Call to Order 2 Invocation 3 Pledge of Allegiance IV. Recognitions and Proclamations 1 Employee of the Quarter and Retirement -- George Reese V. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council 1 City Council Meeting, June 20, 2017 2 Millage First Public Hearing, June 27, 2017 3 Millage Second Public Hearing, June 27, 2017 4 Millage Third Public Hearing and Adoption, June 28, 2017 VI. Consideration of Boards, Commissions and Committee Appointments VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. VIII. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes. 1 Kathryn Williams, North Beach Grill location to include parking lot and side deck IX. Consideration of Approval of Consent Agenda X. Public Hearings 1 Variance/Setback, Sec 3-090: Schedule of development regulations. Brenda Timms, 1303 Second Avenue, Petitioner. Zone R-2 2 Variance, Sec 3-070: Permissible structures per lot: Accessory Structures (C) Location of Detached Accessory Structures on Residential Lots. Ralston Forbes, 701 Railwood Avenue, Petitioner. Zone R-1 3 Site Plan, Sec 5-080: Site Plan Approval. Adding hallway to connect two buildings. William Navon, 27 Tybrisa Street and 1604 Butler Avenue, Petitioner 4 Quit Claim. Request to purchase a portion of City right-of-ways adjacent to 29 Meddin Drive. PTG LLC petitioner. PIN 4-0002-10-001 5 First Reading, 13-2017, Sec 3-090, Schedule of Development Regulations (A)(2), Second Egress Encroachment 6 Agenda, Planning Commission Meeting, June 19, 2017 7 Minutes, Planning Commission, June 19, 2017 XI. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License XII. Consideration of Bids, Contracts, Agreements and Expenditures 1 Out-of-State Travel, Woody Hemphill, August 28 – 31, 2017. 2017 Florida Recreation and Parks Conference, Orlando, FL 2 Intergovernmental Agreement for the Distribution of SPLOST Tax Proceeds by the County to the City of Tybee Island for the purpose of Beach Improvements XIII. Consideration of Ordinances, Resolutions 20170713CityCouncilPacket Page 1 of 180 20170707/jrl 1 Second Reading, 5A-2017, Ethics Ordinance 2 Second Reading, 10-2017, Height, Sec 2-010(B), Definitions 3 Second Reading, 11-2017, MPIC Membership, Sec 2-265 4 First Reading, 14-2017, Fireworks, Sec 42-64 XIV. Council, Officials and City Attorney Considerations and Comments 1 Bubba Hughes i. Ante Litem, Daniel Moss ii. Susan Malone Settlement iii. North Beach Concession Agreement 2 Barry Brown i. Fireworks XV. City Manager’s Report XVI. Minutes of Boards and Committees XVII. Executive Session 1 Discuss litigation, personnel and real estate XVIII. Possible vote on litigation, personnel and real estate discussed in executive session XIX. Adjournment *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” 20170713CityCouncilPacket Page 2 of 180 20170707/jrl City Council Minutes, June 20, 2017 Mayor Buelterman called the regular meeting to order at 7:00PM. Those present were Julie Livingston, John Major, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Dr. Shawn Gillen, City Manager; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Monty Parks was excused. Opening Ceremonies 1 Call to Order 2 Posting of the Colors – Tybee Island Youth Council 3 Pledge of Allegiance – Tybee Island Youth Council 4 Invocation – JaNiya Bowers, Tybee Island Youth Council Mayor Buelterman adjourned the meeting to observe the fly-over by the Coast Guard Cutter Chinook Unit. Mayor Buelterman called the meeting to order at 7:30PM. Recognitions and Proclamations Mayor Buelterman explained the City of Tybee’s desire to do more to recognize everything the Coast Guard has done for the City and in conjunction with the Navy League, Hunter Hall and Jan LeViner to become a Coast Guard Designated Community. Mayor Buelterman thanked Sr. Chief Kucera for their work with the aftermath of Hurricane Matthew. He then invited Sr. Chief Keith Kucera, Coast Guard Station, Tybee; Chief Adam Lorentz, Coast Guard Aids to Navigation Team, Tybee Island; Master Chief Mark Adams, Coast Guard Cutter Chinook; Lt. Commander Rodney West, Coast Guard Marine Safety Unit Savannah; Chief Kellyn Montesino, Coast Guard Recruiting Office Savannah; and Commander Tim Eason, Coast Guard Air Station Savannah to come forward and be recognized. Mayor Buelterman read a Proclamation declaring August as Coast Guard Month and presented each with the Resolution. The Tybee Island Youth Council then presented Certificates of Appreciation to the representatives of the Coast Guard units. Hunter Hall, Field Representative to Congressman Buddy Carter, presented a Certificate to Jan LeViner, Clerk, for her commitment to the citizens of Tybee Island, Tybee Island Youth Council and for her assistance with the Coast Guard Community Designation. Sr. Chief Kucera asked SK2 Daniel Gavely to come forward and be recognized as the Sailor of the Quarter. Mayor Buelterman and the Tybee Island Youth Council also presented SK2 Gravely with a Certificate of Appreciation. Sr. Chief Kucera gave a brief history of the Coast Guard and their relationship to not only the City of Tybee but to the coastal communities of the United States. He stated Station Tybee was originally established May 1, 1972 and housed at Lazaretto Creek. In 1983 it was moved to its current location at Fort Pulaski. The Station currently employs 49 active duty and 38 reserve members protecting 75 miles of coast line. Chief Kucera stated their mission includes but not limited to: Maritime search and rescue; Maritime law enforcement; Federal fisheries enforcement; Environmental protection, National defense; and Recreational boating safety. Chief Kucera then addressed the City of Tybee’s proposal. The question has been asked “what does it mean to me for Tybee Island to become a Coast Guard Community”? He stated the 20170713CityCouncilPacket Page 3 of 180 20170707/jrl term Coast Guard Community itself implies a commitment of continuing support and that support should not be taken in a monetary context. It should be seen as an opportunity to proudly display a sense of patriotism, community, and strength of spirit the City is known for. He continued, this does focus on a set of values, the Coast Guard Core Values: honor, respect and devotion to duty. Mayor Buelterman thanked Sr. Chief Kucera and all the representatives from the Coast Guard. Mayor Buelterman asked the following to come forward to receive recognition for completing respective courses: 1. Professional Management Program a. Major William Moseley b. SGT Joe Sawhill c. LT Joseph Toole d. SPO Skylar Strickland e. SGT Eddie Dicus 2. Master Public Safety Administration a. Captain Tiffany Hayes b. Captain Joel Fobes Mayor Buelterman presented each with a Certificate of Accomplishment and Appreciation and thanked them for everything to do for the City. The Tybee Island Youth Council presented Chief Bryson with a Certificate of Appreciation. Hunter Hall also presented Letters of Appreciation to the Tybee Island Police Department graduates from Congressman Carter. Mayor Buelterman recognized Officer Tron Lewis, Tybee Island Police Department, posthumously, as Employee of the Quarter. Tasha Lewis, widow of Office Lewis, accepted the Certificate and thanked Mayor Buelterman. Hunter Hall presented Ms. Lewis with an American Flag, in his memory, that flew over the Capitol. Patricia Yovich, National Director, Navy League of the United States approached Mayor and Council. Ms. Yovich thanked Mayor and Council for their diligence in working toward the City of Tybee becoming a Coast Guard Community which is a Congressional Award. She congratulated Mayor Buelterman and the City of Tybee for being the first City within Chatham County to acknowledge the Coast Guard and in working toward this designation. She then presented Mayor Buelterman and Jan LeViner a Medallion from the Savannah Council, Navy League of the United States. Barry Brown made a motion to approve City Council Minutes, June 8, 2017. Julie Livingston seconded. Vote was unanimous, 5-0. Wanda Doyle made a motion to approve the First Reading of FY 2017-18 Budget, June 12, 2017 minutes. Julie Livingston seconded. Vote was unanimous, 5-0. Public Hearings Second Reading, 2017-12, FY 2017-2018 Budget. Mayor Buelterman stated this is unchanged from the first reading. Dr. Gillen confirmed. Wanda Doyle made a motion to approve. Julie Livingston seconded. Vote was unanimous, 5-0. Consideration of Bids, Contracts, Agreements and Expenditures. To amend the fiscal year 2016-2017 General Fund Operating and Capital by transferring $20,000 from Finance Department to the Cultural and Recreation 20170713CityCouncilPacket Page 4 of 180 20170707/jrl Museums budget to reimburse the Marine Science Center for the air condition units purchased a few years ago. Mayor pro tem Brown stated this will be a partial payment to the Marine Science Center from FY 17 and the remainder to be paid from FY 18 budget. Barry Brown made a motion to approve. John Major seconded. Vote was unanimous, 5-0. Resolution, Adoption of 2017-2018 Budget. Wanda Doyle made a motion to approve. Barry Brown seconded. Vote was unanimous, 5-0. Shawn Gillen, RFP, North Beach Concession – Mayor Buelterman stated the RFP’s have been received and Mayor and Council will score and submit their scoring sheets to the Clerk. Mr. Shaw stated there are subjective issues with the submitted RPF’s as there are different menu items, etc. Mayor Buelterman asked council when they would like this on the agenda for a vote. Dr. Gillen stated that three of the five RPF’s were missing pieces, i.e., no electronic version and required copies. He continued the RPF’s were opened that morning with Mr. Shaw and Ms. LeViner present to ensure they were opened appropriately. It was agreed Mayor and Council would submit their scoring sheets in a sealed envelope to the Clerk, Tuesday, June 28, 2017 by 2:00PM. FOR DISCUSSION ONLY Julie Livingston made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 5-0. Meeting adjourned at 8:15PM _______________________________ __________________________ Janet LeViner, Clerk Jason Buelterman, Mayor 20170713CityCouncilPacket Page 5 of 180 20170707/jrl City Council Minutes June 27, 2017 Mayor Buelterman called the public hearing to order at 10:00AM on June 27, 2017. Those present were Monty Parks, John Major, Wanda Doyle, and Barry Brown. Also attending were Dr. Shawn Gillen, City Manager and Janet LeViner, Clerk of Council. Julie Livingston and Bill Garbett were excused. Public Hearings First Reading, 2017 Millage. Mayor Buelterman stated the Millage Rate has been advertised at 4.044 which is the same as last year. Mayor Buelterman asked Dr. Gillen to provide Mayor and Council information regarding the difference between the roll back rate and the 4.044 at the second reading of the 2017 Millage. Mayor Buelterman opened the Public Hearing for the first reading of the proposed millage rate. There were no comments from the public. Mayor Buelterman closed the Public Hearing. No action taken Monty Parks made a motion to adjourn. Barry Brown seconded. Vote was unanimous, 4-0. Meeting adjourned at 10:05AM. _____________________________ ____________________________ Janet LeViner, Clerk Jason Buelterman, Mayor 20170713CityCouncilPacket Page 6 of 180 20170707/jrl City Council Minutes June 27, 2017 Mayor Buelterman called the public hearing to order at 6:00PM on June 27, 2017. Those present were Monty Parks, John Major, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Dr. Shawn Gillen, City Manager and Janet LeViner, Clerk of Council. Julie Livingston was excused. Public Hearings Second Reading, 2017 Millage. Mayor Buelterman opened the Public Hearing for the second reading of the proposed millage rate. Being no discussion or public input he closed the Public Hearing. No action taken Monty Parks made a motion to adjourn. Barry Brown seconded. Vote was unanimous, 4-0. Meeting adjourned at 6:05PM _____________________________ ____________________________ Janet LeViner, Clerk Jason Buelterman, Mayor 20170713CityCouncilPacket Page 7 of 180 20170707/jrl City Council Minutes June 28, 2017 Mayor Buelterman called the City Council meeting to order at 10:00AM on June 28, 2017. Those present were Monty Parks, John Major, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Dr. Shawn Gillen, City Manager and Janet LeViner, Clerk of Council. Julie Livingston was excused. Public Hearings Third Reading and Adoption 2017 Millage. Mayor Buelterman opened the Public Hearing for the 2017 Millage. He explained two hearings have taken place in accordance with the State Law. There was no discussion. Mayor Buelterman closed the Public Hearing. Mr. Parks asked Dr. Gillen if the City had not rolled back the millage rate last year would the City be in a position of raising this year as proposed. Dr. Gillen responded that it is a small amount, probably not. Mayor Buelterman stated it would be a difference of $6,000. He feels Mayor and Council need to find $6,000 in the current budget and roll back the Millage by .060 which would amount to between $7.00 and $15.00 less that residents would have to pay for Tybee taxes. There was a short discussion regarding Chatham County tax and millage. Ms. Doyle stated she would consider the Mayor’s recommendation if it were not for the hurricane expenses in addition, the City has a balanced budget but yet the Capital Improvement Projects are not included. She would recommend keeping the millage at 4.044. Mr. Parks agreed and would like to stay at the lower rate. Mr. Major commended previous councils for their diligence with the fund balance. Ms. Doyle expressed her concerns in finding the $6,000. Mr. Major stated he is confident that staff will be able to find the $6,000 in the current budget. Barry Brown made a motion to set the 2017 Millage at 4.044. Bill Garbett seconded. Voting in favor were Wanda Doyle, Barry Brown and Bill Garbett. Voting against were Monty Parks and John Major. Motion passed 3-2. Council, Officials and City Attorney Considerations and Comments Bubba Hughes stated the proposals were submitted for the North Beach Concession and have been scored which is in the possession of the Clerk. He recommends Mayor and Council discuss how to proceed in Executive Session as it is permitted by the Open Meetings/Open Records Law. This will give Mayor and Council the opportunity to direct the City Attorney to proceed with negotiations. Mr. Hughes stated there will have to be an ultimate final vote in open session at the appropriate time once the award is going to be made. He clarified Mayor and Council need to vote on the final agreement. The categories for Executive Session would be litigation and the possible disposition of real estate by lease. Monty Parks made a motion to adjourn to Executive Session to discuss litigation and possible disposition of real estate by lease Barry Brown seconded. Vote was unanimous, 5-0. Bill Garbett made a motion to return to regular session. Wanda Doyle seconded. Vote was unanimous, 5-0. Wanda Doyle made a motion to adjourn. Bill Garbett seconded. Vote was unanimous, 5-0. Meeting adjourned at 10:30AM. ___________________________ ___________________________ Janet LeViner, Clerk Jason Buelterman, Mayor 20170713CityCouncilPacket Page 8 of 180 20170707/jrl MAYOR Jason Buelterman CITY COUNCIL Barry Brown, Mayor Pro Tem Wanda Doyle Bill Garbett Julie Livingston John Major Monty Parks CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CLERK OF COUNCIL Janet LeViner CITY ATTORNEY Edward M. Hughes City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. There is a three minute limit for all visitors. Council Meeting Date for Request: 07/13/2017 Item: Variance/Setback Explanation: 3-090 –Schedule of development regulations –Brenda Timms –1303 Second Avenue –Zone R2. Paper Work: YES Attached Audio/Video Presentation* • If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided. Submitted by: Lisa L. Schaaf Phone / Email: Lschaaf@cityoftybee.org Date given to Clerk of Council: 07/06/2017 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 20170713CityCouncilPacket Page 9 of 180 20170707/jrl PLANNING COMMISSION INTERIM CITY MANAGER Demery Bishop George Shaw Ron Bossick Tina Gann COMMUNITY DEVELOPMENT DIRECTOR John King George Shaw Charles Matlock David McNaughton CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting AGENDA May 15, 2017 – 7:00 p.m. For City Council Meeting June 8, 2017 – 7:00 p.m. A. Call to order: B. Consideration of Minutes: 1. Minutes of April 17, 2017 C. Disclosures/Recusals: D. Old Business: E. New Business: 1. Text Amendment: Amendment to Article 2, Section 2-010 to amend definition for Height of building. 2. Variance/Setback: 3-090–Schedule of development regulations -Brenda Timms -1303 Second Avenue – Zone R2. Adjournment: Lisa L. Schaaf 20170713CityCouncilPacket Page 10 of 180 20170707/jrl PLANNING COMMISSION INTERIM CITY MANAGER Demery Bishop George Shaw Ron Bossick Tina Gann COMMUNITY DEVELOPMENT DIRECTOR John King George Shaw Charles Matlock David McNaughton CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting MINUTES May 15, 2017 Chair Bishop called the May 15, 2017 Tybee Island Planning Commission meeting to order. Commissioners present were: Ron Bossick, Charles Matlock, and Alan Robertson. Commissioners absent were: David McNaughton, John King and Tina Gann. Consideration of Minutes: Chair Bishop asked for consideration of the April 17, 2017 meeting minutes. Vice Chair Bossick made a motion to approve and Commissioner Robertson seconded, the vote to approve was unanimous. Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals, there were none. New Business: Text Amendment: To Article 2, Sec.2-010, to amend definition for Height of building. Mr. Shaw approached the Commission and stated this text amendment we approved a few months ago and Commissioner Robertson noted this change in wording to correctly reflect our measurement of height, the wording is suggested by the City of Tybee Island attorney Mr. Hughes. Mr. Shaw stated that staff recommends approval. Commissioner Robertson made a motion to approve and was seconded by Commissioner Matlock the vote to approve was unanimous. Variance/ Setback: Sec. 3-090 –Schedule of development regulations –Brenda Timms -1303 Second Avenue -Zone R2 Mr. Shaw approached the Commission and stated the applicant Ms. Timms is requesting to encroach into the setback with wider steps that will be turned to the side and a porch roof on both sides of the home on Second Avenue, the home currently encroaches into the setback. Mr. Shaw also stated that the home did have steps before that came towards the front and were not as wide but were sufficient, staff does not recommend approval for this request. Vice Chair Bossick asked if this home was always a duplex and how does it fit in with this variance. Mr. Shaw stated that it is already there as a duplex and has been like that form the start. Commissioner Matlock asked what size the steps were before. Mr. Shaw stated they were around a four by four or four by five size. Vice Chair Bossick asked if this will still have the right greenspace with the new steps. Mr. Shaw stated he believes it will meet the 65% rule with the new steps. Ms. Timms the applicant approached the Commission and stated that her current address is 124 North Haven Drive in Macon Georgia and this property will be 20170713CityCouncilPacket Page 11 of 180 20170707/jrl her Tybee home. She stated that the original steps had to be removed when the siding was put on and would like to build the requested steps for safety reasons to accommodate her aging parents and grandchildren also to keep the Tybee cottage look. Chair Bishop asked the applicant if this will be a rental and has she looked into any other ideas for steps. Ms. Timms stated that this will be a family beach home and she has looked into other ideas but this is the only one that suites her most and the way the steps are now facing the road are an open invitation which is concerning to her. Mr. Odom a friend of the applicant approached the Commission and stated he lives with the applicant Ms. Timms in Macon Georgia and they think the porches they have submitted are the nicest out of other entrances they have considered and all they want to do is make the home better. Vice Chair Bossick mentioned in Sec. 3-020 continuance of nonconforming uses and structures paragraph (A), sounds to him like they cannot do the extension they are asking for, he asked to Mr. Shaw if he read it that way also. Mr. Shaw stated he did not notice that section but does agree. Commissioner Robertson also stated that what they are requesting will extend the building closer to the street and he agrees with Vice Chair Bossick. Chair Bishop asked Mr. Shaw if safety on variances is a concern. Mr. Shaw stated no only the railing and code states four by four is the minimum size. Ms. Timms the applicant approached the commission and stated that she thinks there was a bigger porch there before the small stoops. Commissioner Matlock made a motion to deny the variance request with direction to design within the code, and it was seconded by Commissioner Robertson, the vote was unanimous. Commissioner Robertson stated to the Commission that he would like to add to the Agenda a Standing Agenda Item for Planning Commission to discuss something every meeting. He would like to add to the June Planning Commission the standing agenda item be review of Short Term Work Program, and was seconded by Vice Chair Bossick the vote to approve was unanimous. Adjournment: Meeting adjourned at 8:10pm. Lisa L. Schaaf 20170713CityCouncilPacket Page 12 of 180 20170707/jrl 20170713CityCouncilPacket Page 13 of 180 20170707/jrl 20170713CityCouncilPacket Page 14 of 180 20170707/jrl 20170713CityCouncilPacket Page 15 of 180 20170707/jrl 20170713CityCouncilPacket Page 16 of 180 20170707/jrl 20170713CityCouncilPacket Page 17 of 180 20170707/jrl 20170713CityCouncilPacket Page 18 of 180 20170707/jrl 20170713CityCouncilPacket Page 19 of 180 20170707/jrl 20170713CityCouncilPacket Page 20 of 180 20170707/jrl 20170713CityCouncilPacket Page 21 of 180 20170707/jrl 20170713CityCouncilPacket Page 22 of 180 20170707/jrl 20170713CityCouncilPacket Page 23 of 180 20170707/jrl 20170713CityCouncilPacket Page 24 of 180 20170707/jrl 20170713CityCouncilPacket Page 25 of 180 20170707/jrl 20170713CityCouncilPacket Page 26 of 180 20170707/jrl 20170713CityCouncilPacket Page 27 of 180 20170707/jrl 20170713CityCouncilPacket Page 28 of 180 20170707/jrl 20170713CityCouncilPacket Page 29 of 180 20170707/jrl 20170713CityCouncilPacket Page 30 of 180 20170707/jrl 20170713CityCouncilPacket Page 31 of 180 20170707/jrl 20170713CityCouncilPacket Page 32 of 180 20170707/jrl 20170713CityCouncilPacket Page 33 of 180 20170707/jrl 20170713CityCouncilPacket Page 34 of 180 20170707/jrl MAYOR Jason Buelterman CITY COUNCIL Barry Brown, Mayor Pro Tem Wanda Doyle Bill Garbett Julie Livingston John Major Monty Parks CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CLERK OF COUNCIL Janet LeViner CITY ATTORNEY Edward M. Hughes City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. There is a three minute limit for all visitors. Council Meeting Date for Request: 07/13/2017 Item: Variance Explanation: Sec. 3-070 – Permissible structures per lot; accessory structures (C) Location of detached accessory structures on residential lots – Ralston Forbes – 701 Railwood Avenue – Zone R1. Paper Work: YES Attached Audio/Video Presentation* • If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided. Submitted by: Lisa L. Schaaf Phone / Email: Lschaaf@cityoftybee.org Date given to Clerk of Council: 07/06/2017 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 20170713CityCouncilPacket Page 35 of 180 20170707/jrl PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Tina Gann COMMUNITY DEVELOPMENT DIRECTOR John King George Shaw Charles Matlock David McNaughton CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting AGENDA June 19, 2017 – 7:00 p.m. For City Council Meeting July 13, 2017 – 7:00 p.m. A. Call to order: B. Consideration of Minutes: 1. Minutes of May 15, 2017 C. Disclosures/Recusals: D. Old Business: E. New Business: 1. Variance: Sec. 3-070. –Permissible structures per lot; accessory structures (C) Location of detached accessory structures on residential lots – Ralston Forbes – 701 Railwood Avenue – Zone R1. 2. Site Plan: Sec. 5-080 – Site Plan Approval – Adding Hallway to connect 2 Buildings – William Navon - 27 Tybrisa St. & 1604 Butler Ave. 3. Amendment: Sec. 3-090. Schedule of development regulations.(A) (2) second egress encroachment. 4. Quit Claim: Request to purchase a portion of City right of way – adjacent to 29 Meddin Drive PTG LLC – PIN 4-0002-10-001 F. Standing Agenda Item: 1. Review of Short Term Work Program. Adjournment: Lisa L. Schaaf 20170713CityCouncilPacket Page 36 of 180 20170707/jrl 20170713CityCouncilPacket Page 37 of 180 20170707/jrl 20170713CityCouncilPacket Page 38 of 180 20170707/jrl 20170713CityCouncilPacket Page 39 of 180 20170707/jrl 20170713CityCouncilPacket Page 40 of 180 20170707/jrl 20170713CityCouncilPacket Page 41 of 180 20170707/jrl 20170713CityCouncilPacket Page 42 of 180 20170707/jrl 20170713CityCouncilPacket Page 43 of 180 20170707/jrl 20170713CityCouncilPacket Page 44 of 180 20170707/jrl 20170713CityCouncilPacket Page 45 of 180 20170707/jrl 20170713CityCouncilPacket Page 46 of 180 20170707/jrl 20170713CityCouncilPacket Page 47 of 180 20170707/jrl 20170713CityCouncilPacket Page 48 of 180 20170707/jrl 20170713CityCouncilPacket Page 49 of 180 20170707/jrl 20170713CityCouncilPacket Page 50 of 180 20170707/jrl 20170713CityCouncilPacket Page 51 of 180 20170707/jrl STAFF REPORT PLANNING COMMISSION MEETING: June 19, 2017 CITY COUNCIL MEETING: July 13, 2017 LOCATION: 701 Railwood Ave. PIN: 4-0002-20-028 APPLICANT: Ralston Forbes OWNER: Ralston Forbes EXISTING USE: Single family dwelling PROPOSED USE: Single family dwelling ZONING: R-1 USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Fort Screven Historic District APPLICATION: Zoning Variance (5-090) from Section 3-070 Permissable structures per lot: accessory structures (c) Location of detached accessory structures on residential lots. PROPOSAL: The applicant is requesting a variance to put an accessory structure (swimming pool) in the front yard. ANALYSIS: The applicant is requesting to add a swimming pool in the front yard due to lack of space in the side and rear yard. Variance standards require that the applicant meet the following conditions: (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions, or considerations related to the environment or the safety, or to historical significance, that is peculiar to the particular property; and, (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property. (3) A nonconforming use or structure does not constitute a unique physical circumstance, condition, or consideration. This variance does not fully meet the above criteria. The application is based on the applicant’s desire to add a swimming pool. The property is already developed. The lack of a swimming pool does not constitute a hardship. The Comprehensive Plan describes the Ft. Screven Historic District as follows: The Fort Screven Historic District includes Officers Row and all of Ft. Screven, which represents significant historic, cultural and natural resources. Varied uses include new, larger scale development, traditional cottages, townhomes/condominiums, public uses/parks, historic sites, narrow streets, street trees and public parking. Comprehensive Plan – Community Character Area Fort Screven Historic District 20170713CityCouncilPacket Page 52 of 180 20170707/jrl Recommended Development Strategies Meets Strategy Y/N or N/A 1. Establish standards and guidelines for signage N/A 2. Provide signage for landmarks and commercial businesses N/A 3. Preserve and restore historic structures whenever possible N/A 4. Provide appropriate incentives for historic restoration projects N/A 5. Ensure continued preservation of old growth trees, parks, and greenspace N/A 6. Support an improved bicycle and pedestrian environment with connected facilities N/A 7. Consider adoption of architectural standards for historic structures. N/A STAFF FINDING This application does not meet all the defined criteria for a variance. There is no hardship. Staff recommends denial. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Variance application B. Survey C. Site Plan D. SAGIS map 20170713CityCouncilPacket Page 53 of 180 20170707/jrl 20170713CityCouncilPacket Page 54 of 180 20170707/jrl MAYOR Jason Buelterman CITY COUNCIL Barry Brown, Mayor Pro Tem Wanda Doyle Bill Garbett Julie Livingston John Major Monty Parks CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CLERK OF COUNCIL Janet LeViner CITY ATTORNEY Edward M. Hughes City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. There is a three minute limit for all visitors. Council Meeting Date for Request: 07/13/2017 Item: Site Plan Explanation: Sec. 5-080 – Site Plan Approval – Adding Hallway to connect 2 Buildings – William Navon – 27 Tybrisa St. & 1604 Butler Avenue. Paper Work: YES Attached Audio/Video Presentation* • If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided. Submitted by: Lisa L. Schaaf Phone / Email: Lschaaf@cityoftybee.org Date given to Clerk of Council: 07/06/2017 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 20170713CityCouncilPacket Page 55 of 180 20170707/jrl PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Tina Gann COMMUNITY DEVELOPMENT DIRECTOR John King George Shaw Charles Matlock David McNaughton CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting AGENDA June 19, 2017 – 7:00 p.m. For City Council Meeting July 13, 2017 – 7:00 p.m. A. Call to order: B. Consideration of Minutes: 1. Minutes of May 15, 2017 C. Disclosures/Recusals: D. Old Business: E. New Business: 1. Variance: Sec. 3-070. –Permissible structures per lot; accessory structures (C) Location of detached accessory structures on residential lots – Ralston Forbes – 701 Railwood Avenue – Zone R1. 2. Site Plan: Sec. 5-080 – Site Plan Approval – Adding Hallway to connect 2 Buildings – William Navon - 27 Tybrisa St. & 1604 Butler Ave. 3. Amendment: Sec. 3-090. Schedule of development regulations.(A) (2) second egress encroachment. 4. Quit Claim: Request to purchase a portion of City right of way – adjacent to 29 Meddin Drive PTG LLC – PIN 4-0002-10-001 F. Standing Agenda Item: 1. Review of Short Term Work Program. Adjournment: Lisa L. Schaaf 20170713CityCouncilPacket Page 56 of 180 20170707/jrl 20170713CityCouncilPacket Page 57 of 180 20170707/jrl 20170713CityCouncilPacket Page 58 of 180 20170707/jrl 20170713CityCouncilPacket Page 59 of 180 20170707/jrl 20170713CityCouncilPacket Page 60 of 180 20170707/jrl 20170713CityCouncilPacket Page 61 of 180 20170707/jrl 20170713CityCouncilPacket Page 62 of 180 20170707/jrl 20170713CityCouncilPacket Page 63 of 180 20170707/jrl 20170713CityCouncilPacket Page 64 of 180 20170707/jrl 20170713CityCouncilPacket Page 65 of 180 20170707/jrl 20170713CityCouncilPacket Page 66 of 180 20170707/jrl 20170713CityCouncilPacket Page 67 of 180 20170707/jrl 20170713CityCouncilPacket Page 68 of 180 20170707/jrl 20170713CityCouncilPacket Page 69 of 180 20170707/jrl 20170713CityCouncilPacket Page 70 of 180 20170707/jrl 20170713CityCouncilPacket Page 71 of 180 20170707/jrl 20170713CityCouncilPacket Page 72 of 180 20170707/jrl 20170713CityCouncilPacket Page 73 of 180 20170707/jrl 20170713CityCouncilPacket Page 74 of 180 20170707/jrl 20170713CityCouncilPacket Page 75 of 180 20170707/jrl 20170713CityCouncilPacketPage 76 of 18020170707/jrl 20170713CityCouncilPacketPage 77 of 18020170707/jrl 20170713CityCouncilPacketPage 78 of 18020170707/jrl 20170713CityCouncilPacketPage 79 of 18020170707/jrl 20170713CityCouncilPacketPage 80 of 18020170707/jrl 20170713CityCouncilPacket Page 81 of 180 20170707/jrl 20170713CityCouncilPacket Page 82 of 180 20170707/jrl 20170713CityCouncilPacket Page 83 of 180 20170707/jrl MAYOR Jason Buelterman CITY COUNCIL Barry Brown, Mayor Pro Tem Wanda Doyle Bill Garbett Julie Livingston John Major Monty Parks CITY OF TYBEE ISLAND CITY MANAGER Shawn Gillen CLERK OF COUNCIL Janet LeViner CITY ATTORNEY Edward M. Hughes City Council Agenda Item Request Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. There is a three minute limit for all visitors. Council Meeting Date for Request: 07/13/2017 Item: Quit Claim Explanation: Request to purchase a portion of City right of way – adjacent to 29 Meddin Drive - PTG LLC – PIN 4-0002-10-001 Paper Work: YES Attached Audio/Video Presentation* • If applicable, a copy of the presentation / report must be submitted with this agenda request. • If applicable, audio / video presentations must be submitted to the IT department at City Hall at least 48 hours prior to the meeting. • Request will be postponed if necessary information is not provided. Submitted by: Lisa L. Schaaf Phone / Email: Lschaaf@cityoftybee.org Date given to Clerk of Council: 07/06/2017 P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org 20170713CityCouncilPacket Page 84 of 180 20170707/jrl PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Tina Gann COMMUNITY DEVELOPMENT DIRECTOR John King George Shaw Charles Matlock David McNaughton CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting AGENDA June 19, 2017 – 7:00 p.m. For City Council Meeting July 13, 2017 – 7:00 p.m. A. Call to order: B. Consideration of Minutes: 1. Minutes of May 15, 2017 C. Disclosures/Recusals: D. Old Business: E. New Business: 1. Variance: Sec. 3-070. –Permissible structures per lot; accessory structures (C) Location of detached accessory structures on residential lots – Ralston Forbes – 701 Railwood Avenue – Zone R1. 2. Site Plan: Sec. 5-080 – Site Plan Approval – Adding Hallway to connect 2 Buildings – William Navon - 27 Tybrisa St. & 1604 Butler Ave. 3. Amendment: Sec. 3-090. Schedule of development regulations.(A) (2) second egress encroachment. 4. Quit Claim: Request to purchase a portion of City right of way – adjacent to 29 Meddin Drive PTG LLC – PIN 4-0002-10-001 F. Standing Agenda Item: 1. Review of Short Term Work Program. Adjournment: Lisa L. Schaaf 20170713CityCouncilPacket Page 85 of 180 20170707/jrl 20170713CityCouncilPacket Page 86 of 180 20170707/jrl 20170713CityCouncilPacket Page 87 of 180 20170707/jrl 20170713CityCouncilPacket Page 88 of 180 20170707/jrl 20170713CityCouncilPacket Page 89 of 180 20170707/jrl 20170713CityCouncilPacket Page 90 of 180 20170707/jrl 20170713CityCouncilPacket Page 91 of 180 20170707/jrl 20170713CityCouncilPacket Page 92 of 180 20170707/jrl 20170713CityCouncilPacket Page 93 of 180 20170707/jrl 20170713CityCouncilPacket Page 94 of 180 20170707/jrl 20170713CityCouncilPacket Page 95 of 180 20170707/jrl 20170713CityCouncilPacket Page 96 of 180 20170707/jrl 20170713CityCouncilPacket Page 97 of 180 20170707/jrl 20170713CityCouncilPacket Page 98 of 180 20170707/jrl 20170713CityCouncilPacket Page 99 of 180 20170707/jrl 20170713CityCouncilPacket Page 100 of 180 20170707/jrl 20170713CityCouncilPacket Page 101 of 180 20170707/jrl 20170713CityCouncilPacketPage 102 of 18020170707/jrl 1645005.1 ORDINANCE NO. 13-2017 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, AS TO SECTION 3-090 RELATING TO EGRESS FROM ELEVATED STRUCTURES, TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES 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, including the environment thereof; 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 Section 3-090(A)(2) so as to add to regarding egress from elevated structures, administrative approval, and to repeal conflicting ordinances and for other purposes. NOW, THEREFORE, Be it ordained by the governing authority of the City of Tybee Island that The Code of the City of Tybee Island, Section 3-090(A)(2), egress from elevated structures, be amended so that hereafter the section shall read as hereinafter provided. SECTION 1 The Code of Ordinances, Section 3-090(A)(2), shall read as follows: (2) A second egress from an existing elevated home or existing home to be elevated in the future or new elevated home may encroach into the setback upon approval of the zoning administrator. The egress shall encroach only as much as is needed to provide public safety and meet minimum building code standards. For new homes, the second egress may only encroach into the rear setback. The authorization permitted herein is only applicable where there is only one other means of egress either existing or proposed and to setback requirements and does not apply to relieve an applicant from securing any other authorizations that may be required by the code. 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 20170713CityCouncilPacket Page 103 of 180 20170707/jrl 1645005.1 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. SECTION 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 , 2017. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: 572-000001/Ordin 2017/13-2017 sec 3-090(A)(2) Egress from elevated structures 07.06.17 20170713CityCouncilPacket Page 104 of 180 20170707/jrl PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Tina Gann COMMUNITY DEVELOPMENT DIRECTOR John King George Shaw Charles Matlock David McNaughton CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting AGENDA June 19, 2017 – 7:00 p.m. For City Council Meeting July 13, 2017 – 7:00 p.m. A. Call to order: B. Consideration of Minutes: 1. Minutes of May 15, 2017 C. Disclosures/Recusals: D. Old Business: E. New Business: 1. Variance: Sec. 3-070. –Permissible structures per lot; accessory structures (C) Location of detached accessory structures on residential lots – Ralston Forbes – 701 Railwood Avenue – Zone R1. 2. Site Plan: Sec. 5-080 – Site Plan Approval – Adding Hallway to connect 2 Buildings – William Navon - 27 Tybrisa St. & 1604 Butler Ave. 3. Amendment: Sec. 3-090. Schedule of development regulations.(A) (2) second egress encroachment. 4. Quit Claim: Request to purchase a portion of City right of way – adjacent to 29 Meddin Drive PTG LLC – PIN 4-0002-10-001 F. Standing Agenda Item: 1. Review of Short Term Work Program. Adjournment: Lisa L. Schaaf 20170713CityCouncilPacket Page 105 of 180 20170707/jrl PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Tina Gann COMMUNITY DEVELOPMENT DIRECTOR John King George Shaw Charles Matlock David McNaughton CITY ATTORNEY Alan Robertson Edward M. Hughes Planning Commission Meeting MINUTES June 19, 2017 Chair Bishop called the June 19, 2017 Tybee Island Planning Commission meeting to order. Commissioners present were: Charles Matlock, Alan Robertson, David McNaughton, John King and Tina Gann. Ron Bossick was present by phone through the approval of minutes then shortly after was disconnected. Consideration of Minutes: Chair Bishop asked for consideration of the May 15, 2017 meeting minutes. Commissioner Matlock stated that there is a sentence by Vice Chair Bossick in the last paragraph that did not read right and needed to be corrected. Staff stated it will be corrected. Commissioner Robertson made a motion to approve with Commissioner Matlock’s correction and was seconded by Commissioner Gann. The vote was four to approve Vice Chair Bossick, Commissioner Matlock, Commissioner Robertson and Commissioner Gann. Commissioner King and Commissioner McNaughton did not vote since they were not present at the May 15th meeting. Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. Commissioner Robertson disclosed that the first agenda item 701 Railwood Avenue is located on Wrenwood Drive that is owned by the Seashore Colony Home Owners Association of which he is President. He stated he could be objective in his deliberation. Old Business: Chair Bishop asked if there was any old business for discussion. There was none. New Business: Variance: Sec. 3-070. –Permissible structures per lot; accessory structures (C) Location of detached accessory structures on residential lots – Ralston Forbes – 701 Railwood Avenue – Zone R1. Mr. Shaw stated the applicant is requesting to put a pool in the front yard. Staff considers pools to be accessory structures and Sec 3-070 states no accessory structures other than a carport can extend beyond the front face of a residential building. Staff recommends denial of the petition. Commissioner McNaughton stated that the applicant is not stated on the settlement document as an owner. Mr. Shaw stated he assumed he was an owner and will check into that. Commissioner Gann asked staff if this is going to be a primary residence or a rental. Mr. Shaw stated the application implies that Ms. Witter will be living there whether that’s full time or not he does not know. 20170713CityCouncilPacket Page 106 of 180 20170707/jrl Commissioner Gann asked if this was the only place the pool could go, it looks like there might be space next to the garage. Commissioner Matlock stated he did go to the back of the property and it is all driveway and he could not tell if there might have been some area behind the garage. He also asked if the neighbors were notified and was there any feedback from them. Mr. Shaw stated they were notified and he has not heard from anyone. Commissioner McNaughton asked if the property would still meet the greenspace requirement if this pool is approved. Mr. Shaw stated that he does not think that would be an issue. Mr. Britt approached the Planning Commission and stated he was a neighbor that lives at 703 Railwood Avenue, and he was not notified other than seeing the variance notice in the driveway of 701 Railwood Avenue. He stated he has met Mr. Ralston and his wife and the property is a rental property. They put it up for rent every week in the summer and one week for themselves so he does not believe this will be a primary residence. Mr. Britt also stated that he speaks against this request for himself and two neighbors; Donna Stafford at 705 Railwood Avenue and Jaseet Sidhu at 707 Railwood Avenue. Mr. Britt stated that he and the other neighbors embraced the standards of Officers Row when they built their homes to preserve that beauty and they would not like to have a pool in the front yard of one of those houses. Mr. Britt stated there is a standing water problem between the properties with which he is concerned. He showed the Planning Commission a few pictures he brought. With these concerns he hopes that the Planning Commission will deny this variance. Commissioner McNaughton asked Staff if this is a short term rental and is there proper signage. Mr. Shaw stated he was not sure what kind of rental it is and if it is a short term rental there should be adequate signage. Mr. Britt stated he has seen some renters and has not noticed any signs. Mr. Shaw stated he could check on that. Mr. Boswell approached the Planning Commission and stated he is an engineer and lives at 103 Nassau Drive. He is the representative for the applicant and owner of 701 Railwood Avenue. Mr. Boswell stated they tried to structurally alter a part of the house to get the pool in but that was not sturdy enough. Behind the garage there is a very steep hill and it would not work there. The driveway does not work because of cars having to park. The only space that would work is the space in the front. He stated that questions about greenspace and drainage are still in the design stage and they will have to satisfy Tybee’s engineering and drainage requirements. Commissioner McNaughton stated there is nothing in the application that states a medical necessity, but there are two letters from doctors, so could the pool be sized down to a spa. Mr. Boswell stated that a spa is a possibility. Commissioner Gann asked if anything can encroach in a drainage easement. Mr. Shaw stated yes it can be done if it is not an access easement and as long as the drainage still works. Commissioner McNaughton made a motion to deny the Variance request, Commissioner Gann seconded, and the vote to deny was unanimous. Site Plan: Sec. 5-080 – Site Plan Approval – Adding Hallway to connect 2 Buildings – 27 Tybrisa, LLC - 27 Tybrisa St. & 1604 Butler Ave. Mr. Shaw stated the applicant owns 27 Tybrisa and the building behind it at 1604 Butler. They are requesting a site plan approval to join the buildings together to add approximately 150 square foot of hallway. The drainage design works and has been approved for this addition. The design did not meet a threshold that required parking. Staff recommends approval of this project. Mr. Boswell approached the Planning Commission and stated he is an Engineer and lives at 103 Nassau Drive and he is the representative for the applicant. He stated that the project will be connected with a roof and walls. Commissioner Robertson made a motion to accept staff’s recommendation to approve the Site Plan, Commissioner Matlock seconded and the vote to approve was unanimous. 20170713CityCouncilPacket Page 107 of 180 20170707/jrl Amendment: Sec. 3-090. Schedule of development regulations. (A) (2) second egress encroachment. Mr. Shaw stated City Council has asked for this ordinance change to come before Planning Commission. It is an effort to let new construction have the same advantage as existing elevated structures with a single exit. Currently staff can approve a second egress in a setback on existing structures with one exit. If someone is designing a new structure the two egresses are not allowed in the setback at all. Staff feels this would risk more drainage problems and less greenspace. Staff recommends denial of this proposal. Commissioner Robertson asked if two egresses are allowed now and do they ever have to go into the setbacks and he does not understand the motivation of this request. Mr. Shaw stated the thinking is to allow new construction to be able to do the same as existing buildings. Chair Bishop stated that he does not see a need for new construction to be able to build in the setback, older homes yes. Commissioner McNaughton made a motion to deny the text amendment. Commissioner Robertson seconded, and the vote to deny was unanimous. Quit Claim: Request to purchase a portion of City right of way – adjacent to 29 Meddin Drive PTG LLC – PIN 4-0002-10-001 Mr. Shaw stated that Jennifer Mafera is the representative for the applicant and is requesting a small piece of land to be purchased because when they built their pool part of the deck went beyond the property line. They are asking to purchase enough of the unopened right of way from the city to allow them to have the entire pool deck within their property lines. They are trying to sell the property and this came up a number of times. Staff recommends approval of the request. Commissioner McNaughton asked if it is the deck or part of the pool. Mr. Shaw stated yes the side of the pool is too close to cut that area out. Commissioner Matlock made a motion to approve the Quit Claim request. Commissioner King seconded, and the vote to approve was unanimous. Standing Agenda Item: Review of Short Term Work Program Commissioner Robertson stated that he is the Chair of the new Master Plan Implementation Committee and led a conversation on the role of the Planning Commission in planning. He highlighted the things that came to his attention, for example what people considered most and least important in a public survey as part of the Master Plan process. He thinks it would behoove the Planning Commission to have input on issues within the Master Plan. Commissioner King stated that the Planning Commission’s recommendations can be strengthened by referencing the Master Plan with their recommendations. Commissioner Robertson stated the various committees and groups on this Island could be coordinated to help with staying on task. Chair Bishop stated that he wants to make sure the Planning Commission stays consistent with the Master Plan and he feels dialog and feedback are very important in planning. Mr. Shaw stated that a part of the south end pedestrian plan was to have public meetings and at least one of them could be in front of Planning Commission. Chair Bishop stated in the past Planning Commission placing certain items on City Council agenda created significant issues so this would need be to be cleared by City Council first. Chair Bishop asked Commissioner Robertson to pick an item to start with at the next meeting and give the information to Staff. Adjournment: Meeting adjourned at 8:30pm. Lisa L. Schaaf 20170713CityCouncilPacket Page 108 of 180 20170707/jrl 20170713CityCouncilPacket Page 109 of 180 20170707/jrl 20170713CityCouncilPacket Page 110 of 180 20170707/jrl 20170713CityCouncilPacket Page 111 of 180 20170707/jrl 20170713CityCouncilPacket Page 112 of 180 20170707/jrl 20170713CityCouncilPacket Page 113 of 180 20170707/jrl 20170713CityCouncilPacket Page 114 of 180 20170707/jrl 20170713CityCouncilPacket Page 115 of 180 20170707/jrl 20170713CityCouncilPacket Page 116 of 180 20170707/jrl 20170713CityCouncilPacket Page 117 of 180 20170707/jrl 20170713CityCouncilPacket Page 118 of 180 20170707/jrl 20170713CityCouncilPacket Page 119 of 180 20170707/jrl 20170713CityCouncilPacket Page 120 of 180 20170707/jrl 20170713CityCouncilPacket Page 121 of 180 20170707/jrl 20170713CityCouncilPacket Page 122 of 180 20170707/jrl 20170713CityCouncilPacket Page 123 of 180 20170707/jrl 20170713CityCouncilPacket Page 124 of 180 20170707/jrl 20170713CityCouncilPacket Page 125 of 180 20170707/jrl 20170713CityCouncilPacket Page 126 of 180 20170707/jrl 20170713CityCouncilPacket Page 127 of 180 20170707/jrl 20170713CityCouncilPacket Page 128 of 180 20170707/jrl 20170713CityCouncilPacket Page 129 of 180 20170707/jrl 20170713CityCouncilPacket Page 130 of 180 20170707/jrl 20170713CityCouncilPacket Page 131 of 180 20170707/jrl 20170713CityCouncilPacket Page 132 of 180 20170707/jrl 20170713CityCouncilPacket Page 133 of 180 20170707/jrl 20170713CityCouncilPacket Page 134 of 180 20170707/jrl 20170713CityCouncilPacket Page 135 of 180 20170707/jrl 20170713CityCouncilPacket Page 136 of 180 20170707/jrl 20170713CityCouncilPacket Page 137 of 180 20170707/jrl 20170713CityCouncilPacket Page 138 of 180 20170707/jrl 20170713CityCouncilPacket Page 139 of 180 20170707/jrl 20170713CityCouncilPacket Page 140 of 180 20170707/jrl 20170713CityCouncilPacket Page 141 of 180 20170707/jrl 20170713CityCouncilPacket Page 142 of 180 20170707/jrl 20170713CityCouncilPacket Page 143 of 180 20170707/jrl 20170713CityCouncilPacket Page 144 of 180 20170707/jrl 20170713CityCouncilPacket Page 145 of 180 20170707/jrl 20170713CityCouncilPacket Page 146 of 180 20170707/jrl 20170713CityCouncilPacket Page 147 of 180 20170707/jrl 20170713CityCouncilPacket Page 148 of 180 20170707/jrl 20170713CityCouncilPacket Page 149 of 180 20170707/jrl 20170713CityCouncilPacket Page 150 of 180 20170707/jrl 20170713CityCouncilPacket Page 151 of 180 20170707/jrl 20170713CityCouncilPacket Page 152 of 180 20170707/jrl 20170713CityCouncilPacket Page 153 of 180 20170707/jrl 20170713CityCouncilPacket Page 154 of 180 20170707/jrl 20170713CityCouncilPacket Page 155 of 180 20170707/jrl 20170713CityCouncilPacket Page 156 of 180 20170707/jrl STATE OF GEORGIA COUNTY OF CHATHAM TYBEE ISLAND BEACH IMPROVEMENTS INTERGOVERNMENTAL AGREEMENT FOR THE DISTRIBUTION OF SPECIAL PURPOSE LOCAL OPTION SALES TAX PROCEEDS BY THE COUNTY TO THE CITY OF TYBEE ISLAND FOR THE PURPOSE OF BEACH IMPROVEMENTS THIS AGREEMENT made and entered into this ______ day of ______________ , 2017, by and between the MAYOR AND COUNCIL OF THE CITY OF TYBEE ISLAND, a municipal corporation organized and existing under the laws of the State of Georgia (hereinafter referred to as the “City”), and the BOARD OF COMMISSIONERS OF CHATHAM COUNTY, a political subdivision of the State of Georgia, (hereafter referred to as the “County”). WHEREAS, the 2014-2020 Special Purpose Local Option Sales Tax (SPLOST) included funding for Tybee Island Beach & Facility Improvement; and WHEREAS, Tybee Island sustained considerable damage from Hurricane Matthew in October of 2016; and WHEREAS, The City of Tybee Island is in need of repair and improving beach facilities and that there is a need for beach and sand re-nourishment due to hurricane erosion; and WHEREAS, The City of Tybee Island has available to it a U.S. Corp of Engineers match grant to have funds to improve beach facilities and re-nourishment; and WHEREAS, the County wishes to assist The City of Tybee Island with said match grant. NOW THEREFORE, in consideration of the mutual benefits to the parties, the City and County agree as follows: 1. The County agrees to distribute Special Purpose Local Option Sales Tax (SPLOST) VI funds to the City to construct the Project. 2. The City will act as the project agent and manager for the Project. a. The County will distribute funds Not to Exceed $1,711,836 from the 2014-2020 SPLOST to the City when the construction contract is awarded to a responsive contractor. b. The City will be responsible for all financial oversight related to this Project. The City will be responsible for construction procurement and construction management of this project. c. The City shall not co-mingle SPLOST funds with non-SPLOST funds and shall hold all SPLOST funds in a segregated account with the funds being identified to be used only for 20170713CityCouncilPacket Page 157 of 180 20170707/jrl this Project. City will be responsible for properly spending all SPLOST funds and accounting therefor. d. The City will keep records of all SPLOST expenditure and County may audit such SPLOST accounts to ensure compliance with SPLOST law. IN WITNESS WHEREOF, the City and County have caused this Agreement to be duly executed by their proper officers and so attested with their corporate seals affixed hereto set forth in multiple originals as of the date written above: CHATHAM COUNTY, GEORGIA By: _______________________ Albert J. Scott, Chairman ATTEST: ________________________________ Janice E. Bocook, Clerk of Commission THE CITY OF TYBEE ISLAND, GEORGIA By: _____________________________ Jason Buelterman, Mayor ATTEST: By: _____________________________ Jan LeViner, Clerk of Council 20170713CityCouncilPacket Page 158 of 180 20170707/jrl APPROVED AS TO FORM: __________________________________ Edward M. Hughes Attorney for the City of Tybee Island, Georgia APPROVED AS TO FORM: __________________________________ R. Jonathan Hart Attorney for the Chatham County, Georgia 20170713CityCouncilPacket Page 159 of 180 20170707/jrl ORDINANCE NO. 05A-2017 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, TO AMEND SECTION 23-1, ET SEQ., ETHICS, AND MAKE CERTAIN CHANGES THEREIN REGARDING THE DEFINITION OF CITY OFFICIAL AND TO ADDRESS LEGAL FEES OF PERSONS FILING ETHICS COMPLAINTS AND THOSE OF INDIVIDUALS AGAINST WHOM AN ETHICS COMPLAINT IS MADE AND TO ADDRESS PROCEDURES FOR THOSE WHO ARE SUBJECT TO ETHICS COMPLAINT REVIEW BY THE MAYOR AND COUNCIL 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 adopt ordinances under it police, zoning, and home rule powers, and WHEREAS, the governing authority desires to amend Chapter 23, Ethics, so as to clarify same, to repeal all conflicting ordinances, to provide for an effective date and for other purposes. NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that Sections 23-1 and 23-43 be amended and a new section to be designated as 23-46, Legal Fees, of the Code be added as follows: SECTION 1 The Code of Ordinances is hereby amended so as to revise Sections 23-1, to add a subsection to 23-43 and to add a new section to be designated as 23-46, Legal Fees, so that the following changes shall hereafter read as follows: 20170713CityCouncilPacket Page 160 of 180 20170707/jrl Sec. 23-1. Definitions. City official shall be any person who is an elected official of the City of Tybee Island and anyone appointed by the Mayor and Council of the City to any board, commission, authority, or position of the City. City official shall not include paid employees of the City who come under the City Manager’s control or the City Manager, City Attorney, City Clerk, or a Municipal Court Judge. A paid employee under the control of the City Manager, the City Manager, the City Clerk, the City Attorney and the Municipal Court Judges shall be held to the same ethical standards as a “City official.” Sec. 23-43. Complaints. (a) In general. (1) For this code to be most effective, the public and city officials must have access to a fair, expedient, effective and evolving complaint process that is not encumbered by the need to amend this code. To that end, the commission is to develop, publish and maintain a complaint policy that explains procedures to be followed, timeframes to be honored and the roles, responsibilities and rights of the complainant, city official alleged to have violated this code and members of the commission. (2) The policy may include steps, options or requirements beyond the general provisions contained in this chapter. If, at any point in time, such policy does not address the requirements of a particular complaint, the commission is to make formal adjustment to the policy to ensure the fair and appropriate handling of the complaint and such complaints thereafter. As the complaint policy evolves, revisions are subject to the approval of the city attorney and/or city council. The essential components of the complaint policy are outlined in the following provisions of this section. (b) Restraints. The policy is to specify the restraints, if any, that apply to the commission, the complaint and/or the person against whom a complaint is filed (the respondent). (c) To discourage the filing of ethics complaints solely for political purposes, complaints may not be accepted against any person, whether currently serving as a city official or not, from 90 days prior to the beginning of the qualifying process for the elected office at issue through the date the election results for that office are certified. The time for filing complaints will not run during this period. Properly filed complaints will be accepted and processed after the election results have been certified. (d) Submission and qualification. (1) A person (complainant) alleging that a city official (respondent) violated any provision of this code may submit a written and signed complaint declaration to the clerk of council. The declaration, a written statement made under penalty for false swearing, must meet the qualifications described in the complaint policy. (2) The clerk of council’s office is to deliver the declaration of complaint to the presiding commission officer who thereafter communicates the complaint to commission members. (3) Subsequently commission members, in a manner consistent with the complaint policy, are to determine if the complaint qualifies for further action. (4) A disqualified complaint declaration is to be returned to the complainant and otherwise dealt with in a manner consistent with the complaint policy. (5) A disqualified declaration may be corrected by the complaint and resubmitted as de novo declaration. (e) Qualified complaints against city officials. (1) The commission has the responsibility to investigate, hear, validate, and dispose of complaints against city officials in a manner consistent with this code and the complaint policy. 20170713CityCouncilPacket Page 161 of 180 20170707/jrl (2) The commission is to inform (by registered mail) the respondent of the complaint and of a reply due date and a case review date. The complaint and other pertinent documents are to be attached to this correspondence. (3) The complaint policy is to provide details for handling a case for which the respondent agrees that he or she has violated this code. (4) Unless the respondent’s reply agrees that a violation occurred, there is to be a case review to determine whether specific substantiated evidence from a credible source(s) exists to support a reasonable belief that there was a violation of this code. The case is to be dismissed unless a majority of the voting panel agrees that such evidence exists. The complaint policy is to provide details for closing a dismissal. (5) If the case is not dismissed, the commission is to hold a hearing at a public meeting for the purposes of reaching a complaint opinion (decision) as to whether or not the respondent violated the code. The hearing is to be conducted in accordance with those conventionally associated with hearings at public meetings. The complainant and the respondent are to have the opportunity to be heard and to have witnesses at the hearing. (6) After the hearing, voting panel members are to reach a decision (complaint opinion) as to whether or not the respondent violated this code. Such decision is to be based on: a. Preponderance or greater weight of the evidence presented at the hearing; and b. The declarations submitted by the complainant and respondent; and c. Panel member’s conscientious and compliant interpretation and application of this code to the evidence. (7) The complaint opinion is to be documented consistent with the complaint policy. This documentation is to include a statement of remedial or consequential actions that the commission deems appropriate. Such actions may be applicable to the respondent or to the complainant. Consequences for a city official may include, but are not limited to, private warning, training on the subject of the violation, public warning or reprimand, public censure and/or apology and/or restitution. Consequences for a malicious or frivolous complaint from a person other than a city official may include misdemeanor charges. (8) The documented opinion is to be forwarded to clerk of council who will distribute the opinion to council members, the complainant, the respondent and the city attorney in preparation for a final and concluding action on the part of council. (f) A person (complainant) alleging that the City Manager, the City Attorney, the City Clerk, or a Municipal Court Judge violated any provision of his code may submit a written and signed complaint to the Mayor and Council. The Mayor and Council shall consider such complaint and follow the procedure for investigation and holding a hearing in the same or similar fashion as the Ethics Commission as set forth in subparagraphs (e)(1)-(7) hereinabove. Complaints against a City Employee under the control of the City Manager shall be forwarded to the City Manager for his or her review and consideration with the City Manager following the procedure for investigation and holding a hearing in the same or similar fashion as the Ethics Commission as set forth in subparagraphs (e)(1)-(8) hereinabove. Sec. 23-46. Legal fees. The City Council may direct the payment of legal fees for a City official who successfully defends an ethics complaint up to a maximum of $___________ upon a determination that the City official acted in good faith and that the services of an attorney were appropriate and reasonably necessary under the circumstances. 20170713CityCouncilPacket Page 162 of 180 20170707/jrl X:\Clients\000572\000001\ORDIN 2017\05A-2017 Ethics 06.09.17 - CLEAN.docx 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. SECTION 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 , 2017. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: ______ 20170713CityCouncilPacket Page 163 of 180 20170707/jrl Tybee/Ordinances 2017/05-2017 Ethics 01.04.17 05A-2017 Ethics 06.09.17 20170713CityCouncilPacket Page 164 of 180 20170707/jrl 20170713CityCouncilPacket Page 165 of 180 20170707/jrl 20170713CityCouncilPacket Page 166 of 180 20170707/jrl 20170713CityCouncilPacket Page 167 of 180 20170707/jrl X:\Clients\000572\000001\ORDIN 2017\10-2017 MPIC membership 06.01.17.docx ORDINANCE NO. 11-2017 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, TO AMEND SECTION 2-265(c), MASTER PLAN IMPLEMENTATION COMMITTEE 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 adopt ordinances under it police, zoning, and home rule powers, and WHEREAS, it has been determined that it would be more appropriate to reduce the number of members of the Master Plan Implementation Committee from as many as nine (9) to not less than six (6); NOW, THEREFORE, It is hereby ordained by the governing authority of the City of Tybee Island that Section 2-265(c) shall be amended so as to revise subsection (c) thereof concerning the number of members so that hereafter shall read as hereinafter provided. SECTION 1 The Code of Ordinances is hereby amended so as to revise Section 2-265(c) shall hereafter include the following: Sec. 2-265. (c) Membership, The Committee shall consist of not less than six (6) nor more than nine (9) members to be appointed by the Mayor and Council by a majority vote. Such appointees shall be selected on the basis of their knowledge and interest in creating and conforming to the Master Plan and familiarity with the Carrying Capacity Report. Members of the Committee shall serve five (5) year terms unless otherwise directed by the Mayor and Council. 20170713CityCouncilPacket Page 168 of 180 20170707/jrl . 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. SECTION 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 , 2017. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL 20170713CityCouncilPacket Page 169 of 180 20170707/jrl FIRST READING: ______ SECOND READING: ______ ENACTED: ______ Tybee/Ordinances 2017/11-2017 MPIC members 06.01.17 20170713CityCouncilPacket Page 170 of 180 20170707/jrl 1657048.1 ORDINANCE NO. _________________ AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, AS TO ARTICLE V, SECTION 42-64, RELATING TO FIREWORKS, TO REPEAL CONFLICTING ORDINANCES AND FOR OTHER PURPOSES 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, including the environment thereof; 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 Article V, Section 42-64 as to fireworks, to repeal conflicting ordinances and for other purposes. NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of Tybee Island that The Code of the City of Tybee Island, Georgia, Article V, Section 42-64, Fireworks, is hereby amended so that hereafter the section shall read as hereinafter provided. SECTION 1 The Code of the City of Tybee Island, Georgia, is hereby amended as to cause Article V, Section 42-64, Fireworks, to hereafter read as shown below. SECTION 2 Sec. 42-64. Except as expressly permitted by state law or as otherwise provided herein, the discharge of consumer fireworks within the city at other than permitted events shall be unlawful. (a) All words or phrases specifically defined in O.C.G.A. § 25-10-1 and used herein shall have the definition attributed to such word or phrase as provided in O.C.G.A. § 25-10-1, et seq. Consumer fireworks may only be used and sold as provided in the provisions of O.C.G.A. § 25-10-1 and except as otherwise provided herein. 20170713CityCouncilPacket Page 171 of 180 20170707/jrl (b) Any producer of an event desiring to conduct a public display of fireworks shall first obtain a permit from the Judge of the Probate Court of Chatham County in accordance with the provisions set forth under state law. A special use permit shall be required for anyone seeking to use, ignite, or cause to be ignited consumer fireworks beyond the time within which fireworks may be used under state law or outside of those time limits established under state law. In the absence of a special use permit granted by the city, fireworks may not be used from 9:00 p.m. until 11:59 p.m. on any day other than specific holidays authorized by state law and shall not be used in violation of the city noise ordinance. Except as specifically authorized by state law or herein, consumer fireworks may not be used, ignited, or caused to be ignited after 12:00 Midnight. (c) Consumer fireworks may not be used indoors or within the right of way of any public road, street, or highway, or in any other location specifically prohibited by state law and, further, may not be used, ignited, or caused to be ignited on any property wherein its use has not been authorized by the property owner or individual or entity in control thereof, including the property of the city of Tybee Island. (d) Consumer fireworks may not be used within 100 yards of a facility engaged in retail gasoline sales or storage or any facility engaged in producing, refining, processing or blending any flammable liquid or gas(es) for sale or within 100 yards of any electric substation. (e) Fireworks may not be used, ignited, or caused to be ignited in Jaycee Park, Memorial Park, the beach of the city, or any other property, including but not limited to any park, historic site, recreational area or other property owned, operated by, and/or under the control of the city unless a special use permit therefor has been granted. Special use permits shall require a fee of $100.00. 20170713CityCouncilPacket Page 172 of 180 20170707/jrl (f) Consumer fireworks may not be used, ignited, or caused to be ignited by any person under the influence of alcohol or any drug or any combination thereof to the extent that it is less safe or unlawful for such person to ignite consumer fireworks or as provided in O.C.G.A. § 25-10-2.1. (g) It shall be unlawful to use, ignite, or cause to be ignited any consumer fireworks within one hundred (100) yards of a nursing home. This prohibition shall not apply to the owner or operator of a nursing home facility. (h) It shall be unlawful to use, ignite, or cause to be ignited any consumer fireworks in such a manner as to endanger the safety of life, limb, health or property of any person. (i) Consumer fireworks may only be stored for sale and/or sold by distributors licensed as provided by state law from locations within C-1 zoning subject to the additional restrictions set forth under state law. From the effective date of this ordinance until January 31, 2018, temporary consumer fireworks retail locations must additionally secure a license as provided under O.C.G.A. Section 25-10-5.1(c). SECTION 3 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 4 All ordinances and parts of ordinances in conflict herewith are expressly repealed. 20170713CityCouncilPacket Page 173 of 180 20170707/jrl 1657048.1 SECTION 5 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 6 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. ADOPTED THIS DAY OF , 2017. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: 572/1/Ordin 2017/14-2017 Fireworks 07.06.17 20170713CityCouncilPacket Page 174 of 180 20170707/jrl 20170713CityCouncilPacket Page 175 of 180 20170707/jrl 20170713CityCouncilPacket Page 176 of 180 20170707/jrl 20170713CityCouncilPacket Page 177 of 180 20170707/jrl 20170713CityCouncilPacket Page 178 of 180 20170707/jrl 20170713CityCouncilPacket Page 179 of 180 20170707/jrl 20170713CityCouncilPacket Page 180 of 180 20170707/jrl