Loading...
HomeMy Public PortalAbout19731219CCMeeting1 39 Savannah Beach, Georgia December 19, 1973 The regular monthly meeting of Savannah Beach City Council was held this afternoon at 3:00 P.M. in City Hall with Mayor Allen Hendrix presiding and a quorum consisting of the following council- men present: Mrs. Karen Losey, Earl Anderson, Edward Jung and Walter Parker. City Attorney Fred Clark was also present. Following the invocation and the pledge of allegiance to the Flag, the meeting was formally opened by Mayor Hendrix. The Minutes of the Council meeting of November 21, 1973 were approved as written. Bills for the various departments for the Month of November were approved for payment. Councilman Parker informed council that in order for us to comply with regulations of the Environmental Protection Agency with reference to our grant for the project for the abatement of pollution consisting of Spray Irrigating the treated effluent from the waste treatment plant, it was necessary for town councio to adopt the following Resolution accepting the grant offer and naming Mayor Hendrix the representative of the City of Savannah Beach for all required offered action concerning the project: RESOLUTION Councilman Parker then moved the adoption of the Resolution. It was seconded by Councilman Hosti and unanimously carried. City Attorney Fred Clark informed Council that in order to present a Bill to the General Assembly to amend the City Charter so as to annex within the corporate boundaries of the Municipality, all of Tybee Island, it would be necessary for council to adopt the following Resolution authorizing the Bill and the Referendum: RESOLUTION Councilman Earl Anderson moved the adoption of the Resolution. The motion was seconded by Councilman Towns and unanimously carried. City Attorney Fred Clark informed council that in order for the City to assess and collect a tax on personal property used for commercial purposes, it would be necessary for council to adopt A 111 -2- a new ordinance authorizing this taxation and setting the millage at 28 mills, the same as our real property tax millage. He stated further that since time was of the essence, it would be expedient to adopt this Ordinance on first and second reading at this council meeting by unanimous consent of all councilmen present. Councilman Jung then moved the adoption of this ordinance, by unanimous consent, on first and second reading at this meeting. The motion was seconded by Councilman Parker and unanimously carried on first and second reading at this meeting by unanimous consent of all councilmen present. ORDINANCE Mayor Hendrix informed council and those in attendance, that we would be holding the public hearing at this meeting for our five- poiint zoning change as well as the map amendment in the Bay Street area - R -1 to R -T. Also, he said, the five zoning ordinance amendments would be voted on at this meeting but that the proposed zoning map change in the Bay Street area would not be voted on until next Wednesday evening at 8:00 P.M. He then called upon Councilman Earl Anderson to explain each of the five proposed zoning ordinance amendments. Councilman Anderson then briefly outlined the proposed changes as follows: (1) To amend Article III, Section B, Specific Definitions, to define major streets and minor streets. (2) Article IV. Section F. REDUCTION IN LOT AREA. To prohibit reduction in lot area of those lots less than the minimum area required under the present ordinance, except lots of record as or March 24, 1971 which may be reduced in area with provisions established. Article IV - Section I, Substandard Lots of Record. To provide that any lot of record existing at the time of the adoption of the present Ordinance, March 24, 1971, which has a lot area which is less than that required by the Ordinance, shall be subject to certain established exceptions and modifications dealing with single ownership of adjoining lots and single lots not meeting minimum lot sizes being permissible for one - family with provisions established. 1 (3) Article V , Section A(3). R -T Residential Tourist District amended to provide motels, apartment houses and condomininiums exceeding four units per lot shall be subject to an approved site development plan with specifications set out (4) ARTICLE V, Paragraph 11, to repeal the Schedule of Residential District Dimensional requirements and enace in lieu thereof a new Schedule of REsidential District Dimensional Requirements to reduce the requirements for two - family lot areas and distinguish the requirements between lots on major and minor streets. 1 1 1 -3- (5) Article V, Section C -2, Application for Amendment shall be amended so that no such amendment shall result in the difision of a single lot or parcel into two or more zoning district classifications_ Mayor Hendrix then opened the meeting for questions and answers and other comments by those in attendance. Councilman Anderson stated that the City was not out to crucify anyone or cause any disturbance, we were merely trying to do what we feel is best for everyone concerned. He stated that he had heard a lot of arguments pro and con and some were good arguments and some of these changes were based on these arguments. Mayor Hendrix stated that we do have an over -all plan for Tybee coming up that would automatically take care of some of these things but that was still some eight months to a year away and we need relief now, he said. When all discussion was completed on the proposed text amendments, Councilman Anderson moved that we adopt the text amendments as read which were recommended by Savannah Beach Planning Commission and the Metropolitan Planning Commission. The motion was seconded by Councilman Parker and unanimously carried. TEXT AMENDMENT TO ZONING ORDINANCE Mayor Hendrix then opened the hearing on the proposed re- zoning of an area in the vicinity of Daniels and Bay Streets, from R-1 (Single. Family Residential) TO R -T (Residential - Tourist) Councilman Earl Anderson pin - pointed the exact location of the area, stating that it was located in a predominantly undeveloped residential area. He also stated that three single family dwellings were located directly south of Bay Street from the property in question and that the property to the east and west of the site was vacant and the South Channel of the Savannah River is situated to the north of the property. Next Mr. Mitchell Dunn, one of the owners of the property in question and representative of the other owners, introduced Mr. Jerry Lominack, architect for the project who gave a detailed description of the property, site and construction. He stated that the project would comply with both the new Sand Dune Ordinance and the Corps of Engineers Flood Plains Study. He stated also that there would be 24 units on the site in 6 buildings - 4 units to a : building. Parking is being provided for approximately 211 cars per unit, he stated. Mr. Lominack then answered questions from some of those in the audience. Mr. Joe Agnew, resident of the area in question, then read the following petition protesting the zoning change: We, the undersigned, do hereby protest the proposed zoning amendment for Bay Ward, Savannah Beach, Georgia from its present Zoning R -1, Single Family Residential to R -T Residential- Tourist Apartment Houses (4 unit), L12.,. -4- Motels with. Dining Room, Cocktail Lounge and other accessory uses and normally provided within the main building provided that no motel be constructed with less than 60 units and provided that no motel shall be constructed nearer than 50 feet from any adjacent property line. Mr. Agnew stated that the petition had approximately 100 names on it He presented the petition to the Mayor and council. After everyone had spoken who desired to speak, Mayor Hendrix then closed the public hearing section of the meeting. There being no further business, the regular meeting was adjourned to the next regular or special called meeting. Clerk of Council MAYOR 1 RESOLUTION WHEREAS, the City of Savannah Beach proposes to construct a project for the abatement of pollution, consisting of Spray Irrigating the treated effluent from the waste treatment plant, and whereas the proposed project may be eligible for State or Federal assistance: NOW THEREFORE, be it resolved by the Mayor and Council of the City of Savannah Beach to make an Application to the Environmental Protection Agency for a Grant and to accept the offer of the Agency, if tendered, and to comply with all requirements of said offer. Be it furthered resolved that William Allen Hendrix, Mayor will be the representative of the City of Savannah Beach for all required offered actions concerning the proposed project. Read and passed by a quorum of the City Council this day of , 1973. ATTEST: Clerk Mayor and Council of the City of Savannah Beach, Georgia • Mayor RESOLUTION A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA,: IN COUNCIL DULY ASSEMBLED AT THE REGULAR MONTHLY MEETING HELD ON DECEMBER 19, 1973, AND IT'IS HEREBY RESOLVED UNDER THE AUTHORITY OF THE FOREGOING WHEREAS, there has been expressed to the members of council and the Mayor of the Municipality by citizens within. the Municipality, as well as citizens of Tybee Island within, the area beyond the boundary limits of the Municipality, that the City amend its Charter so as to annex within the corporate boundaries of the Municipality, all of the land within the entire island known-as Tybee Island; and WHEREAS,.the Mayor and Councilmen of the Town of Savannah Beach,, Tybee Island, . are desirous of permitting the citizens, both within the current corporate limits of the Municipality, as well as those within the area proposed to be annexed, to express their preference as to proposing such an amendment to the Charter of the Municipality at the next regular session'of the General Assembly of Georgia; and WHEREAS, the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia are desirous of ascertaining the opinions of those citizens who are residents of Tybee Island within the area beyond the current boundary limits of the Municipality as to such proposed annexation of the remaining portion of Tybee Island so that the Charter of the Municipality shall be amended accordingly at the 1974 session of the General Assembly of Georgia; and WHEREAS, the Mayor and Councilmen feel that all available citizens who are residents of said area should be- polled and peitiois circulated so as to ascertain the prefer- ence of said citizens who will be so affected by annexation within-the proposed area to be annexed, and-that such annex- ation within.the proposed area to be annexed, and that such expressions of opinion and preference.should. then be communi- cated%to the members of the General Assembly from Chatham County together with such proposed Charter amendement of annexation; and • WHEREAS, the Mayor and:Councilmen of the Municipality feel that the persons qualified to so express an opinion should be those persons who are citizens and residents over the age of eighteen years who reside within such area to be annexed, and if a majority of such citizens and residents shall. express an opinion in favor of annexation at the 1974 session of the General Assembly of Georgia; but if a majority of such citizens and residents shall express an opinion against annexation, then this Resolution of proposed annexation shall be void, of no force and effect, and such proposed area shall not be proposed for annexation; and WHEREAS, the Mayor and Councilmen feel that in the event said proposal for annexation is approved by a majority . of the citizens and residents within such proposed area, and said proposal is subsequently approved by the °General Assembly as an amendment to the Charter of the City of Savannah Beach, Tybee Island, Georgia, no real or personal property. located within the area to be annexed shall be subject to taxation by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia, except on the following. basis: When fire protection and police protection have been furnished to a property owner, said property owner may be taxed to the extent of thirty -three and one -third (33 -1 /3rd%) per cent to the normal tax. When garbage disposal has been furnished, an additional thirty -three and one -third (33 -1 /3rd%) per cent of the normal tax may be collected. When water service has been furnished, an additional sixteen and sixty -six one hundredths (16- 66/100%) per cent of the normal tax may be collected-. When sewerage,.. service has been furnished, the remaining sixteen and sixty- seven one hundredths 16- 67/100%) per cent of the normal tax may be collected; and WHEREAS, the Mayor and Councilmen feel further that no business or person doing business within the area to be annexed .by virtue of enactment into law of this proposal shall be required to pay City Business or Occupational Tax or License during the whole or portion of the fiscal year of the Munici- pality immediately .follwing such proposal being enacted into law, provided that such business or person doing business shall pay or shall have paid the proper business or occupational license or tax to Chatham County.. NOW THEREFORE, BE IT RESOLVED and it is hereby resolved . by the authority of the foregoing as follows: 1. That the City amend its Charter so as to annex within the corporate boundaries of the Municipality all of the land within the entire island known as Tybee Island. 2: That the citizens and residents within the area proposed to be annexed be allowed to express their preference either in favor of such annexation or against such annexation. 3. That in the event a majority.of the citizens and residents of such area proposed to be annexed express their. preference in favor of annexation, then the Mayor and Council- men shall propose an amendment to the Charter of the Munici- pality to the 1974 session of the General Assembly of Georgia requesting the members of the General Assembly from Chatham County to include all of the land and territory within Tybee Island to be the corporate limits of the Municipality; and in the event that a majority of the citizens and residents within said area to be annexed should express their preference against annexation, then such proposal shall be void, of no force and effect, and said area shall not be proposed for annexation to,the Municipality. 4. That in the event that said proposal for annexa- tion is approved by a majority of the citizens and residents within such proposed area, and said proposal is subsequently approved by the General Assembly as an amendment to the Charter of the City of Savannah Beach, Tybee Island, Georgia, no real or personal property located within the area to be annexed' shall be subject to taxation by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia, except on the following basis: When fire protection and police protec- tion have been furnished to a property owner, said property owner may . be taxed to the extent of thirty -three and one -third (33-1 /3rd %) per of the normal tax. When garbage disposal has been furnished, an additional thirty -three and one - third (33 -1 /3rd %).per cent of the normal tax may be collected. When' .water service has been furnished, an additional sixteen and sixty -six one hundredths (16- 66/100 %) per cent of the normal tax may be collected. When sewerage service has been furnished, an additional sixteen and sixty -seven one hundredths (16- 67/100 %) per cent of the normal tax may be collected.' 5. That no business or person doing business within the area to be annexed by virtue of enactment into law of this proposal shall be required to pay City Business or Occupational Tax or License during the whole or portion of the fiscal year of the Municipality immediately following such proposal being enacted into law, provided that such business or person doing business shall pay or shall have paid the proper business or occupational license or tax to Chatham County. The within Resolution is hereby adopted and approved this 19th day of December, 1973. CITY OF SAVANNAH BEACH, TYBEE ISLAND,. GEORGIA By Attest: (SEAL) Mayo of Council 1 1 AN ORDINANCE TO PROVIDE FOR THE TAXATION OF REAL AND PERSONAL PROPERTY IN SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, FOR THE FISCAL YEAR COMMENCING MAY 1, 1973, AND FOR EACH FISCAL YEAR THEREAFTER UNTIL REPEALED OR AMENDED; AND FOR OTHER PURPOSES SECTION I: BE IT ORDAINED by the Mayor and Council- men of the City of Savannah Beach, Tybee Island, in council assembled, and it is hereby ordained by the authority of the same, that the rate of taxation upon real estate and business personal property within the limits of said Town of Savannah Beach, Tybee Island, for the fiscal year commencing May 1, 1973, and for each fiscal year thereafter until repealed or amended, shall be 2.8% upon the assessed or returned value of same, bearing p`0% of true market value, of real estate improvements to be ascertained from the returns of the Committee on Assess- ments of said Moor and Councilmen, and the valuation of business personal property to be ascertained from the returns of the owners thereof in pursuance of the applicable laws and ordinances providing for the assessment and valuing of taxable property in the Town of Savannah Beach, Tybee Island, Georgia, and to carry into effect the provisions of the Act of the General Assembly of the State of Georgia approved August 19, 1922, Section 21, as amended; and it is further ordained that?if. any person or persons shall refuse to pay the taxes hereinable set,forth, within thirty (30) days after same shall become due, the Clerk of Council, as Ex- Officio Treasurer of the Town, shall issue execution therefor, and the further sum of $1,00 for costs, and the Chief of Police and Ex- Officio Tax Collector shall pro- ceed with such execution in the same manner as now provided by law in such cases of execution lodged with the. Sheriff of Chatham County. SECTION II: Any tax upon real property assessed and due shall be payable in semi - annual payments; the first half being due and payable on or before May 1st of each year; the second half shall be due and payable on or before November 1st of each year. In the event that any tax is not paid when the same is payable, the outstanding amount shall be immediately executed, the fee for execution being $1.00, and in addition thereto an interest charge of one -half (1/2) of one (1 %) per cent per month shall be assessed. The provisions of this Section shall not apply to licenses for doing business in said Town, said licenses being covered under separate ordinance. The provisions of this Section shall apply, however, to those persons or companies required by the provisions of Section 92 -5902 of the Code of Georgia to make returns to the Comptroller General of Georgia. SECTION III: This ordinance shall continue in effect for each and every fiscalyear hereafter unless and until repealed or changed by ordinance. SECTION IV: All ordinances or parts or ordinances con- flicting with the provisions of this ordinance are hereby repealed; provided, however, that so much and such parts of ordinances passed, as provide for the execution of tax assessments, or part thereof, shall continue and remain in force so as to authorize the Clerk of Council and Ex- Officio Treasurer to issue executions, and the Chief of Police and Ex- Officio Tax Collector to collect same until said taxes or assessments shall be fully paid. (_4/N-AwIt MAYOR CLERK OF COUNCIL. %2_I9 -73 (6) Article III Section B. Specific Definitions 33. Street. A public way which provided a principal means of access to abutting property. Streets are divided into two classifications as follows: Major Streets - First Street, Butler Avenue, Jones Avenue, Chatham Avenue, Venetian Drive, Eighteenth Street Minor Streets All other public ways which provide a means of vehicular access to abutting properties. Text Amendment to Zoning Ordinance Pa gular Council Meeting December 19, 1973 1 Recommended Amendments to the Savannah Beach Zoning Ordinance (1) Article IV Section F. Reduction on Lot Area No lot shall be reduced in area that is less than the minimum area required under this ordinance; however, lots of record as of March 24, 1971, may be reduced in area upon recommendation of the Planning Commission,. provided: 1. that such lot is consistent with the existing surrounding development pattern. 2. that such lot permits and maintains required front, side and rear yard areas. 3. that such lot is connected to city water and sewer. Text Amendment to Zoning Ordinance - Regular Council Meeting December 19, 1973 1 1 (2) Article IV Section I Substandard Lots of Record Any lot of record existing at the time of the adoption of this ordinance, March 24, 1971, which has a lot area which is less than that required by this ordinance shall be subject to the following exceptions and modifications: 1. Adjoining lots. When two or more adjoing lots with contigious frontage are in one ownership at any time after the adoption of this ordinance and such lots, individually, are smaller in area than required in this ordinance, then such group of lots shall be considered as a single lot or several lots of minimum permitted area for the district in which they are located: provided, however, that when such combination of lots would create a single lot having an area fifty percent greater in size than required by this ordinance, for the district in which the lot is located, then such lot may be divided into two lots of equal width and area: provided further, that each of the two lots shall be served by public water and public sewers and all minimum front, side and rear yard setbacks as required by this ordinance are met. 2. Single lot not meeting minimum lot sizes. Except as set forth in subsection I. (1) of this section, in district in which single - family dwellings are permitted, any lot of record existing at the time of the adoption of this Text Amendment to Zoning Ordinance - Regular Council Meeting December 19, 1973 1 1 1 Ordinance, (March 24, 1971), which has an area which is less than that required by these regulations may be used as a building site for a one - family dwelling provided it is served by public water and sewer and provided that all front, side and rear yard requirements are met. (3) Article V Section A (3) 3. R -T Residential Tourist District In a Residential Tourist District, land may be used and buildings or structures may be erected, altered or used for the a. Uses permitted in R -2 Residence District. b. Apartment houses and condominums exceeding four (4) units. c. Motels, apartment houses, and condominums exceeding four (4) units per lot subject to an approved site development plan.. The site development plan shall include, but not be limited to the following: (1) The location, size and other pertinent data of all land uses on the site including types, location and height of buildings, parking, open areas and landscaping, and (2) Dimensioned setback lines from property lines and street right -of -way lines, and Text Amendment to Zoning Ordinance - Regular Council Meeting December 19, 1973 1 1 (3) Adjacent thoroughfares and all curb cuts within 500 feet, including -- 1. Proposed new cut(s) onto public rights -of way with turning radii, and width, and 2. Dimensions of all rights -of -way, and (4) Drainage plan to conform with City Engineering Department Standards, and (5) Location of all utilities, and (6) Tabulated data including at least -- (a) Gross density of dwelling units. (b) Parking ratio per dwelling unit. (c) Per cent and amount of land coverage by use, and (d) Per cent and amount of floor area by use and by type. (7) Topographical map showing existing and proposed contours and natural features. (8) The Planning Commission may require elevations or other engineering or architectural drawings covering the proposed develo ment. Motels may include dining rooms, cocktail lounges, and other accessory uses normally provided within the main buildings, pro- vided that no motel be constructed with less than sixty (60) units, and provided that no motel shall be constructed nearer than fifty (50) feet to any adjacent property line. Where required by the Text Amendment to Zoning Ordinance - Regular Council Meeting December 19, 1973 1 Planning Commission, fences, walls, or a year -round planted screen shall be provided for the protection of the adjacent property owners. All uses authorized within this subsection (Section 3c) shall be permitted provided that public hearing first be held on an application of petition for such use or uses after notice thereof, the erection of a sign on the affected property, and the newspaper public notice, be first given as is now required in the procedure on an appeal from decision from the Board of Zoning Appeals, as set forth in Article VI, Section B, and the subsections thereunder within this Zoning Ordinance. Text Amendment to Zoning Ordinance - Regular Council Meeting December 19, 1973 II(4) Article V, Paragraph 11 Repeal the following: 11. Schedule of Residential District Dimensional Requirements 1 1 Minimum Yard Requirements' 1/ 2/ 3/ Zone One - Family Two - Family Multi - Family Front Rear Each Side R -1 12,000 sq. ft. -0- -0- 35 35 15 R -2 4,500 sq ft 9,000 sq. ft. -0- 20 10 10 R -T 7,000 sq. ft 8,000 sq ft add for each addi- tional unit over two 30 25 10 Efficiency Apt - 1,500 sq. ft 1BrApt - 2,000 sq. ft. 2 Br Apt- 2,500 sq ft. 3 Br Apt- 3,000 sq ft. 1/ The Board of Zoning Appeals shall have the power to increase or decrease the foregoing lot area per apartment unit by twenty (20) per cent upon considering light and air space, character of neighborhood and health and welfare of the tenants. 2/ Where a rear yard abuts a side yard of an adjacent lot, add one (1) foot to the rear for each one (1) foot above thirty -five (35) feet in height. 3/ Add one (1) foot to the side yard for each one (1) foot above thirty -five (35) in height. Text Amendment to Zoning Ordinance Regular Council Meeting December 19, 1973 1 1 1 Enact the following: 11. Schedule of Residential District Dimensional Requirements Zone One - Family Lot Area Two - Family Low Area 1/ Multi- Family Lot Area Minimum Front Maj -Minor Yard Requirements 2/ 3/ Rear Each Side Sts. R -1 12,000 sq.ft. -0- -0- R -2 4,500 sq.ft. 6,750 sq.ft. R -T -0- 35 30 35 30 7,000 sq.ft. 8,000 sq.ft. Add for each additional unit over two 35 30 Efficiency Unit - 1,500 sq.ft. 1 Br Unit - 2,000 sq.ft. 2 Br Unit - 2,500 sq.ft. 3 Br Unit - 3,000 sq.ft. 35 15 10, 19 25 10 1/ The Board of Zoning Appeals shall have the power to increase or decrease the foregoing lot area per apartment unit by twenty (20) per cent upon considering light and air space, character of neighborhood and health and welfare of the tenants. 2/ Where a rear yard abuts a side yard of an adjacent lot, add one (1) foot to the rear for each one (1) foot above thirty -five (35) feet in height. 3/ Add one (1) foot to the side yard for each one (1) foot above thirty -five (35) feet in height. Text Amendment to Zoning Ordinance - Regular Council Meeting December 19, 1973 1 1 (5) Article V Section C.2. Application for Amendment a. General: Application for amendment of these regulations may be in the form of proposals for amendment of the Text of these regulations or proposals for amendment of the zoning map. However no such amendment shall result in the division of a single lot or parcel into two or more zoning district classifications. Applications for amendment shall be submitted to the City Council of Savannah Beach, in triplicate, on the Zoning Amendment Application Form Note: Underscored passages indicate recommended changes from the language of the present ordinance. Because of the introduction of the words "Major Street" and "Minor Street: in Article V, Paragraph 11 the following amendment is recommended. Text Amendment to Zoning Ordinance - Regular Council Meeting December 19, 1973