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Home My Public Portal About201709282AmendedPacket.pdfTable of Contents 000_000_20170928 2AMENDED AGENDA....................................................................................................................................................................................... 1050_010_20170824Minutes....................................................................................................................................................................................... 3050_020_Emergency Minutes 20170908....................................................................................................................................................................................... 5050_030_Emergency Minutes 20170909am....................................................................................................................................................................................... 6050_040_Emergency Minutes 20170909pm....................................................................................................................................................................................... 7050_050_Emergency Minutes 20170910am....................................................................................................................................................................................... 8050_060_Emergency Minutes 20170910pm....................................................................................................................................................................................... 9050_071_20170914EmergencyMinutes....................................................................................................................................................................................... 10070_010_Agenda Request Arby's extension....................................................................................................................................................................................... 11100_010_20170821_PC PACKET....................................................................................................................................................................................... 12 20170821_PC_AGENDA....................................................................................................................................................................................... 12 PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 12 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 12 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 12 20170619_PC_MINUTES....................................................................................................................................................................................... 13 PLANNING COMMISSION CITY MANAGER....................................................................................................................................................................................... 13 Demery Bishop Shawn Gillen....................................................................................................................................................................................... 13 Alan Robertson Edward M. Hughes....................................................................................................................................................................................... 13 MINOR SUB-1103C BAY ST....................................................................................................................................................................................... 16 Untitled_20170801_121812_001....................................................................................................................................................................................... 16 Untitled_20170801_121812_002....................................................................................................................................................................................... 33 Untitled_20170801_121812_003....................................................................................................................................................................................... 55 Untitled_20170801_121812_004....................................................................................................................................................................................... 73 Temp00031....................................................................................................................................................................................... 82 SITE PLAN-1601 BUTLER AV....................................................................................................................................................................................... 87 Untitled_20170801_123328_001....................................................................................................................................................................................... 87 Untitled_20170801_123358_001....................................................................................................................................................................................... 101 Temp00032....................................................................................................................................................................................... 102 VARIANCE-POLK STREET....................................................................................................................................................................................... 105 Untitled_20170801_121358_001....................................................................................................................................................................................... 105 Untitled_20170801_121429_001....................................................................................................................................................................................... 107 Untitled_20170801_121448_001....................................................................................................................................................................................... 109 100_020_Planning Commission Minutes....................................................................................................................................................................................... 129100_030_Attachment to PC Minutes....................................................................................................................................................................................... 134120_030_Agenda Request Community Services Agreement....................................................................................................................................................................................... 136120_040_Combined Agenda Item FY18 SPLOST 2014 Sept 28 2017....................................................................................................................................................................................... 139 Agenda for FY18 SPLOST 2014 Amended Budget of Sept 28 2017....................................................................................................................................................................................... 139 updated SPLOST 2014 BA....................................................................................................................................................................................... 140 Sheet4 (2)....................................................................................................................................................................................... 140130_010_Pirate Fest 2017 Resolution....................................................................................................................................................................................... 142130_020_Emergency Ordinance - 01-2017{1675576.1}....................................................................................................................................................................................... 146140_010_Solomon....................................................................................................................................................................................... 150140_040_cip 2017-18-09252017143403....................................................................................................................................................................................... 154 AMENDED AGENDA REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL September 28, 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 Posting of the Colors – Advisors, Tybee Island Youth Council 3 Pledge of Allegiance – Advisors, Tybee Island Youth Council 4 Invocation – JaNiya Bowers, President, Advisors, Tybee Island Youth Council IV. Tybee Island Youth Council – Jan LeViner 1 Swearing In Ceremony i. Oath of Office ii. Oath of Officers 1. Ava Thomas – President 2. Trey Travaille – Vice President 3. Sam LeCates – Treasurer 4. Scarlett Gillen – Liaison to Mayor and Council 5. JaNiya Bowers – President, Advisors 2 Scarlett Gillen – Quarterly Report 3 JaNiya Bowers – Advisor Update 4 Sam LeCates – Update, Bicycle Ordinance 5 Ava Thomas – Update, Litter Ordinance V. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council 1 City Council Minutes, August 24, 2017 2 Emergency City Council Minutes i. September 8, 2017 ii. September 9, 2017: 11:30AM and 5:30PM iii. September 10, 2017: 11:30AM and 5:30PM iv. September 14, 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. 1 George Shaw i. Extension of 6 month application period for non-conforming structure – Arby’s VIII. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes. 1 Dr. Victor, Excessive water bill 2 Gerald Schantz, Back flow preventers IX. Consideration of Approval of Consent Agenda X. Public Hearings 1 Minor Subdivision: Subdivide one lot into 2 lots – 1103C Bay Street – Andrea and Ben Tanner – Zone R-1 – PIN 4-0021-16-0666 2 Site Plan: Add 50sf for restroom expansion – 1601 Butler Avenue – Arby’s Restaurant – Zone C-1 – 4-0008-18-004 20170928AmendedPacket2 Page 1 of 159 20170926/jrl 3 Variance: Request to impact marshland to maintain right of way – Polk Street Right of Way and 318 Polk Street – Michael and Karen Leonard – Zone C-2-EC – 4-0025-01-005Y and 005Z 4 Draft Minutes, Planning Commission August 21, 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, National League of Cities Summit, Youth Delegation, Charlotte, NC, November 15 – 18, 2017, Janet LeViner 2 Community Services Agreement Tybee Festival Association, Inc. 3 Amend the fiscal year 2017-2018 SPLOST 2014 Capital Project by increasing the budget from $940,300 to $1,227,300, an increase of $287,000 XIII. Consideration of Ordinances, Resolutions 1 Festival Days for Pirates Fest 2017 and designate the areas as Festival Control Zones, October 6 and 7, 2017, Pirates Fest 2 Emergency Ordinance/Resolution 01-2017 XIV. Council, Officials and City Attorney Considerations and Comments 1 Bubba Hughes i. Release and Covenant Not to Sue, Joseph Solomon 2 Jason Buelterman i. Apply to Department of Natural Resources for permission to move sand into gaps prior to hurricanes 3 Wanda Doyle i. Recommendation from the Beach Task Force to Shore up the breaches in the dunes for vehicular traffic ii. TIPD body cameras/tasers/in car cameras 4 Shawn Gillen i. Five Year CIP, Fiscal Year 2017 - 2018 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.” 20170928AmendedPacket2 Page 2 of 159 20170926/jrl City Council Minutes 20170824 Consideration of Items for Consent Agenda Mayor pro tem Brown called the consent agenda to order at 6:30PM on August 24, 2017. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown, and Bill Garbett. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Mayor pro tem Brown listed the following items on the consent agenda: • City Council Minutes, July 13, 2017 • Special Meeting Minutes, July 27, 2017 • Special Meeting Minutes, August 15, 2017 • Moses Robbins, Beach Task Force • Alcohol License Request: Special Event – Beer and Wine – Critz Tybee Run Fest, February 2nd and 3rd, 2018: North Beach in front of Fort and Sixteenth Parking Lot • Maintenance Contract, Tank Pro, Inc. Renewal: $15,238.00 • Amendment to Agreement, Probation Services, Southeast Corrections, LLC • Request City Council’s approval to award a contract for RFP No. 2017-700, Disaster Debris Monitoring Services, as the primary disaster debris monitor to Rostan Solutions, LLC through December 31, 2019. • Construction and Field Observation Services North Beach Post Matthew Dune Remediation Project – Letter of Agreement for Services • Federal Cost Share Agreement Authorization • Authorization to proceed with purchase order on acquisition of sea oats for North Beach Project • North Beach Concession Agreement and Award • Drainage at Memorial Park and North Campbell • Captain's Row drainage pipes Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Jan LeViner, Clerk • Pledge of Allegiance Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. • Jack Boylston, Beach Bum Parade • David Dauphinee, Tybee Island Police Department • Payton Kinkel - Tybee Island Youth Council – Family Fun Day Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous, 6-0. Consideration of Bids, Contracts, Agreements and Expenditures • NLC Service Line Warranty Program. WITHDRAWN 20170928AmendedPacket2 Page 3 of 159 20170926/jrl Council, Officials and City Attorney Considerations and Comments • Wanda Doyle o Motion from Beach Task Force: “Recommend the City draft a letter to the US Corps of Engineers requesting the upcoming Study include erosion from increased ship wake on the north end of Island to include impacts of the south jetty on the Savannah River Channel from river traffic and potential impacts to the Cockspur Lighthouse”. Mayor Buelterman to write letter to the US Corps of Engineers o Motion from Beach Task Force: “The level of sand for the large sand pile by the pier be lowered no more than the height of the surrounding natural dunes and materials be used for sand sharing on the south-end to include berm for vehicular crossovers”. NO ACTION. Sent to Public Safety Committee for recommendations o Re-imbursement to SEBAR for Pirates Fest due to Hurricane Matthew. NO ACTION Barry Brown made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 6- 0. Meeting adjourned at 7:45pm 20170928AmendedPacket2 Page 4 of 159 20170926/jrl Emergency City Council Minutes 20170908 Mayor Buelterman called the emergency City Council Meeting to order at 5:30PM, September 8, 2017. Those attending were Barry Brown, Julie Livingston and Monty Parks. Also attending were Dr. Shawn Gillen, Department Heads, Critical Workforce Staff and Janet LeViner, Clerk of Council. An update was given on Hurricane Irma from the National Weather Service. Department Heads were asked for critical needs and status of their departments. Stan Bearden, Water/Sewer Department, reported the pumps have been ordered and will be on the Island for flood waters. There were no other unmet needs at this time from the Department Heads. Julie Livingston made a motion to adjourn. Barry Brown seconded. Vote was unanimous, 3-0. Meeting adjourned at 5:50PM. _____________________________ Janet LeViner, CMC City Clerk 20170928AmendedPacket2 Page 5 of 159 20170926/jrl Emergency City Council Minutes 20170909 Mayor pro tem Brown called the emergency City Council Meeting to order at 11:30AM, September 9, 2017. Those attending were Julie Livingston, Wanda Doyle and Monty Parks. Also attending were Dr. Shawn Gillen, Department Heads, Critical Workforce Staff and Janet LeViner, Clerk of Council. An update was given on Hurricane Irma from the National Weather Service. Dr. Gillen announcement there would be no Critical Workforce evacuation. A discussion was held regarding the current status of Hurricane Irma and the potential impact on the City. Jimmy Brown confirmed the Nursing Home had been evacuated and they had no unmet needs. There were no unmet needs from the Department Heads. Julie Livingston made a motion to contact the EOC to request they provide a fork lift to assist in the unloading of the pumps once they arrive on the Island. Monty Parks seconded. Vote was unanimous, 4-0. Julie Livingston made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 4-0. Meeting adjourned at 11:55AM. _____________________________ Janet LeViner, CMC City Clerk 20170928AmendedPacket2 Page 6 of 159 20170926/jrl Emergency City Council Minutes 20170909 Mayor Buelterman called the emergency City Council Meeting to order at 5:30PM, September 9, 2017. Those attending were Julie Livingston, Wanda Doyle, Barry Brown and Monty Parks. Also attending were Dr. Shawn Gillen, Department Heads, Critical Workforce Staff and Janet LeViner, Clerk of Council. An update was given on Hurricane Irma from the National Weather Service. Dr. Gillen gave the following update: • Storm surge warning for Monday, September 11, 2017 • Tropical Storm Warnings in effect • Potential flooding on city streets • Approximately 4 – 5’ of water on Highway 80 There were no unmet needs from the Department Heads. Barry Brown made a motion to adjourn. Julie Livingston seconded. Vote was unanimous, 4-0. Meeting adjourned at 6:00PM. _____________________________ Janet LeViner, CMC City Clerk 20170928AmendedPacket2 Page 7 of 159 20170926/jrl Emergency City Council Minutes 20170910 Mayor pro tem Brown called the emergency City Council Meeting to order at 11:30AM, September 10, 2017. Those attending were Julie Livingston, Wanda Doyle, and Monty Parks. Also attending were Dr. Shawn Gillen, Department Heads, Critical Workforce Staff and Janet LeViner, Clerk of Council. An update was given on Hurricane Irma from the National Weather Service. Dr. Gillen stated there were no changes in the previous update regarding the following: • Storm surge warning for Monday, September 11, 2017 • Tropical Storm Warnings in effect • Potential flooding on city streets • Approximately 4 – 5’ of water on Highway 80 Dr. Gillen stated there is no immediate threat from Hurricane Jose. There were no unmet needs from the Department Heads. Julie Livingston made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 4-0. Meeting adjourned at 12:00PM. _____________________________ Janet LeViner, CMC City Clerk 20170928AmendedPacket2 Page 8 of 159 20170926/jrl Emergency City Council Minutes 20170910 Mayor pro tem Brown called the emergency City Council Meeting to order at 5:30PM, September 10, 2017. Those attending were Julie Livingston and Monty Parks. Also attending were Dr. Shawn Gillen, Department Heads, Critical Workforce Staff and Janet LeViner, Clerk of Council. An update was given on Hurricane Irma from the National Weather Service. Dr. Gillen gave the following updates: • Elevated tornado watch • Possible power outages • 55 mph winds • Possible beach erosion There were no unmet needs from the Department Heads. Julie Livingston made a motion to adjourn. Monty Parks seconded. Vote was unanimous, 3-0. Meeting adjourned at 6:00PM. _____________________________ Janet LeViner, CMC City Clerk 20170928AmendedPacket2 Page 9 of 159 20170926/jrl Emergency City Council Meeting Minutes, September 14, 2017 Mayor Buelterman called the Emergency City Council meeting to order at 10:00AM on September 14, 2017. Those present were Julie Livingston, Monty Parks, Wanda Doyle, Barry Brown, and Bill Garbett. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. John Major was excused. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License Alcohol License Request: Special Event – Beer and Wine – Tybee Pirate Fest. Monty Parks made a motion to approve. Barry Brown seconded. Vote was unanimous to approve, 5-0. Consideration of Ordinances, Resolutions Emergency Ordinance/Resolution – 01 – 2017. Mr. Hughes stated what is before them is the Ordinance that was used previously for Hurricane Matthew and will need to be updated. The problems and issues from Hurricane Irma are different from Hurricane Matthew. He recommended using the previous Ordinance as a framework and would ask for key points from Mayor and Council to be included in the new Ordinance. Mayor Buelterman confirmed the waiving of fees, permit fees, are included. Mr. Hughes confirmed. Mr. Shaw stated the fees for permits for tree removal and roofing were waived for significant amount of time. Permits were still required as inspections were needed. Ms. Doyle shared her concerns with residents that live on private roads. Mayor Buelterman responded the new contract for dry goods and private drives should cover residents placing debris at the curb. Mr. Hughes stated the City still needs to require the Right of Entry – Indemnification Agreements. Monty Parks made a motion to approve to include waiving permit and dump fees until the first meeting in October, October 12, 2017, and to include the private driveways with the Hurricane Irma cleanup once the Right of Entry and Indemnification Agreement is completed. Mr. Hughes to make modifications to the Indemnification Agreement prior to sending to property owners. Barry Brown seconded. The vote was unanimous to approve, 5-0. Bill Garbett made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous to approve, 5-0. Meeting adjourned at 10:30AM. 20170928AmendedPacket2 Page 10 of 159 20170926/jrl City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: 9.21.17 Item: Extension of 6 month application period for nonconforming structure Explanation: Arby’s did not apply for a repair permit within 6 months of Hurricane Matthew. As a nonconforming structure that is a requirement to rebuild in the same footprint. They would now like to renovate. If this is not granted they will have to bring the building into compliance with all setback requirements. Budget Line Item Number (if applicable): Paper Work: Attached* ______ Audio/Video Presentation** * Electronic submissions are requested by not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. NOTE: Request will be postponed if necessary information is not provided. Submitted by: George B.Shaw Phone / Email: gshaw@cityoftybee.org Comments: The structure would most likely have to be removed if this is not granted. 20170928AmendedPacket2 Page 11 of 159 20170926/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 August 21, 2017 – 7:00 p.m. For City Council Meeting September 14, 2017 – 7:00 p.m. A. Call to order: B. Consideration of Minutes: 1. Minutes of June 19, 2017 C. Disclosures/Recusals: D. Old Business: E. New Business: 1. Minor Subdivision: Subdivide one lot into 2 Lots - 1103C Bay Street – Andrea & Ben Tanner – Zone R-1 - PIN 4-0021-16-066 2. Site Plan: add 50sf for restroom expansion – 1601 Butler Avenue – Arby’s restaurant – Zone C1 - 4-0008-18-004 3. Variance: requesting to impact marshland to maintain right of way – Polk Street Right of Way & 318 Polk Street – Michael & Karen Leonard – Zone C2-EC – 4-0025-01-005Y & 005Z F. Standing Agenda Item: 1. Discussion of derelict structures, their effect on the community and potential solutions 2. Rules for the use of temporary storage units (PODS) 3. Review of Short Term Work Program. Adjournment: Lisa L. Schaaf 20170928AmendedPacket2 Page 12 of 159 20170926/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. 20170928AmendedPacket2 Page 13 of 159 20170926/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. 20170928AmendedPacket2 Page 14 of 159 20170926/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 20170928AmendedPacket2 Page 15 of 159 20170926/jrl 20170928AmendedPacket2 Page 16 of 159 20170926/jrl 20170928AmendedPacket2 Page 17 of 159 20170926/jrl 20170928AmendedPacket2 Page 18 of 159 20170926/jrl 20170928AmendedPacket2 Page 19 of 159 20170926/jrl 20170928AmendedPacket2 Page 20 of 159 20170926/jrl 20170928AmendedPacket2 Page 21 of 159 20170926/jrl 20170928AmendedPacket2 Page 22 of 159 20170926/jrl 20170928AmendedPacket2 Page 23 of 159 20170926/jrl 20170928AmendedPacket2 Page 24 of 159 20170926/jrl 20170928AmendedPacket2 Page 25 of 159 20170926/jrl 20170928AmendedPacket2 Page 26 of 159 20170926/jrl 20170928AmendedPacket2 Page 27 of 159 20170926/jrl 20170928AmendedPacket2 Page 28 of 159 20170926/jrl 20170928AmendedPacket2 Page 29 of 159 20170926/jrl 20170928AmendedPacket2 Page 30 of 159 20170926/jrl 20170928AmendedPacket2 Page 31 of 159 20170926/jrl 20170928AmendedPacket2 Page 32 of 159 20170926/jrl 20170928AmendedPacket2 Page 33 of 159 20170926/jrl 20170928AmendedPacket2 Page 34 of 159 20170926/jrl 20170928AmendedPacket2 Page 35 of 159 20170926/jrl 20170928AmendedPacket2 Page 36 of 159 20170926/jrl 20170928AmendedPacket2 Page 37 of 159 20170926/jrl 20170928AmendedPacket2 Page 38 of 159 20170926/jrl 20170928AmendedPacket2 Page 39 of 159 20170926/jrl 20170928AmendedPacket2 Page 40 of 159 20170926/jrl 20170928AmendedPacket2 Page 41 of 159 20170926/jrl 20170928AmendedPacket2 Page 42 of 159 20170926/jrl 20170928AmendedPacket2 Page 43 of 159 20170926/jrl 20170928AmendedPacket2 Page 44 of 159 20170926/jrl 20170928AmendedPacket2 Page 45 of 159 20170926/jrl 20170928AmendedPacket2 Page 46 of 159 20170926/jrl 20170928AmendedPacket2 Page 47 of 159 20170926/jrl 20170928AmendedPacket2 Page 48 of 159 20170926/jrl 20170928AmendedPacket2 Page 49 of 159 20170926/jrl 20170928AmendedPacket2 Page 50 of 159 20170926/jrl 20170928AmendedPacket2 Page 51 of 159 20170926/jrl 20170928AmendedPacket2 Page 52 of 159 20170926/jrl 20170928AmendedPacket2 Page 53 of 159 20170926/jrl 20170928AmendedPacket2 Page 54 of 159 20170926/jrl 20170928AmendedPacket2 Page 55 of 159 20170926/jrl 20170928AmendedPacket2 Page 56 of 159 20170926/jrl 20170928AmendedPacket2 Page 57 of 159 20170926/jrl 20170928AmendedPacket2 Page 58 of 159 20170926/jrl 20170928AmendedPacket2 Page 59 of 159 20170926/jrl 20170928AmendedPacket2 Page 60 of 159 20170926/jrl 20170928AmendedPacket2 Page 61 of 159 20170926/jrl 20170928AmendedPacket2 Page 62 of 159 20170926/jrl 20170928AmendedPacket2 Page 63 of 159 20170926/jrl 20170928AmendedPacket2 Page 64 of 159 20170926/jrl 20170928AmendedPacket2 Page 65 of 159 20170926/jrl 20170928AmendedPacket2 Page 66 of 159 20170926/jrl 20170928AmendedPacket2 Page 67 of 159 20170926/jrl 20170928AmendedPacket2 Page 68 of 159 20170926/jrl 20170928AmendedPacket2 Page 69 of 159 20170926/jrl 20170928AmendedPacket2 Page 70 of 159 20170926/jrl 20170928AmendedPacket2 Page 71 of 159 20170926/jrl 20170928AmendedPacket2 Page 72 of 159 20170926/jrl 20170928AmendedPacket2 Page 73 of 159 20170926/jrl 20170928AmendedPacket2 Page 74 of 159 20170926/jrl 20170928AmendedPacket2 Page 75 of 159 20170926/jrl 20170928AmendedPacket2 Page 76 of 159 20170926/jrl 20170928AmendedPacket2 Page 77 of 159 20170926/jrl 20170928AmendedPacket2 Page 78 of 159 20170926/jrl 20170928AmendedPacket2 Page 79 of 159 20170926/jrl 20170928AmendedPacket2 Page 80 of 159 20170926/jrl 20170928AmendedPacket2 Page 81 of 159 20170926/jrl 20170928AmendedPacket2Page 82 of 15920170926/jrl 20170928AmendedPacket2Page 83 of 15920170926/jrl 20170928AmendedPacket2 Page 84 of 159 20170926/jrl STAFF REPORT PLANNING COMMISSION MEETING: August 21, 2017 CITY COUNCIL MEETING: September 14, 2017 LOCATION: 1103C Bay St. PIN: 4-0021-16-066 APPLICANT: Ben Tanner OWNER: Andrea Tanner EXISTING USE: Single family dwelling PROPOSED USE: Single family lot ZONING: R-1 USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: Riverfront APPLICATION: Minor subdivision plat approval (Sec. 5-140) PROPOSAL: The applicant is requesting minor subdivision approval for a two lot subdivision off of Bay St. Both lots will be accessed by an existing 20’ access and utility easement. ANALYSIS: This subdivision would create two lots of a size that meet the requirements of the R-1 zoning district. The will both have sufficient access and be served by City water and sewer service. Drainage plans will be required for each site plan submitted prior to any construction on these sites. The Comprehensive Plan describes the North Beach/Maritime District as follows: This multifaceted area houses R-1, R-2, R-1B, R-1/NEC, E-C, PUD, and M-D zoning. Uses include commercial, recreational, campground, public/government uses and buildings, and a mix of residential styles and homes set on narrow streets. In addition to these developed portions, the area also includes extensive undeveloped environmentally sensitive areas with multi-use trails and public water access. Comprehensive Plan – Community Character Area North Beach/Maritime District Recommended Development Strategies Meets Strategy Y,N or N/A 1. Establish standards and design guidelines for signage in keeping with island character N/A 2. Allow for the development of retail, restaurants and services for seasonal and year round populations N/A 3. Improve the pedestrian and bicycle environment N/A 4. Discourage down-zoning from commercial to residential in the Lazaretto Creek area and maintain commercial dock usage N/A 5. Improve street conditions through grading improvements N/A 6. Provide signage for landmarks and commercial establishments N/A 7. Preserve/restore historic structures whenever possible N/A 8. Provide appropriate incentives for historic restoration projects N/A 9. Ensure preservation of old growth trees, parks and greenspace N/A 10. Support development of the Tybee Island bikeway, including bike lanes and multiuse trails N/A 11. Consider the potential for additional parking within this area with transportation to other N/A 20170928AmendedPacket2 Page 85 of 159 20170926/jrl areas of the island 12. Facilitate public water access where appropriate on public property N/A 13. Explore opportunities to preserve historic battery, and public access to those batteries, in this area N/A STAFF FINDING This subdivision plat meets all requirements for a minor subdivision. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Subdivision application (5 pages) B. Survey (1 page) C. SAGIS map (1 page) 20170928AmendedPacket2 Page 86 of 159 20170926/jrl 20170928AmendedPacket2 Page 87 of 159 20170926/jrl 20170928AmendedPacket2 Page 88 of 159 20170926/jrl 20170928AmendedPacket2 Page 89 of 159 20170926/jrl 20170928AmendedPacket2 Page 90 of 159 20170926/jrl 20170928AmendedPacket2 Page 91 of 159 20170926/jrl 20170928AmendedPacket2 Page 92 of 159 20170926/jrl 20170928AmendedPacket2 Page 93 of 159 20170926/jrl 20170928AmendedPacket2 Page 94 of 159 20170926/jrl 20170928AmendedPacket2 Page 95 of 159 20170926/jrl 20170928AmendedPacket2 Page 96 of 159 20170926/jrl 20170928AmendedPacket2 Page 97 of 159 20170926/jrl 20170928AmendedPacket2 Page 98 of 159 20170926/jrl 20170928AmendedPacket2 Page 99 of 159 20170926/jrl 20170928AmendedPacket2 Page 100 of 159 20170926/jrl 20170928AmendedPacket2Page 101 of 15920170926/jrl 20170928AmendedPacket2Page 102 of 15920170926/jrl STAFF REPORT PLANNING COMMISSION MEETING: August 21, 2017 CITY COUNCIL MEETING: September 14, 2017 LOCATION: 1601 Butler, parcel 4-0008-18-004 APPLICANT: Samantha Igou OWNER: Arby’s Restaurant Group EXISTING USE: Restaurant PROPOSED USE: Restaurant ZONING: C1/SE PROPOSED ZONING: C-1/SE USE PERMITTED BY RIGHT: Yes COMMUNITY CHARACTER MAP: The Strand/Historic Downtown District APPLICATION: Site plan review PROPOSAL: The applicant requests site plan approval to add approximately 50 square feet. The building was damaged during hurricane Matthew and must be brought up to current code including ADA required bathrooms. ANALYSIS: The addition is necessary to meet current ADA codes for restrooms. The building is adjacent to a residential use which requires a 15 foot setback. The building does not currently meet that requirement. The addition is the minimum needed to meet the code and does not encroach any closer to the neighboring property. The Comprehensive Plan describes the Strand/Historic Downtown District in which it lies as follows: This area functions as the traditional Main Street of Tybee Island. The mix of uses includes shopping, restaurant, hotels/lodging, museums/public education, pavilion, and public parking. Comprehensive Plan – Community Character Area The Strand/Historic Downtown District Recommended Development Strategies Meets Strategy Y/N or N/A 1. Future development and redevelopment should be very pedestrian oriented with safe connections to adjacent neighborhoods and commercial areas Y 2. Promote mixed densities of residential development, including upstairs residential over commercial. N/A 3. Encourage mixed uses to provide for the daily needs of residents and tourists. N/A 4. Commercial uses should be low intensity and consistent with the existing character. Y 5. Encourage development/redevelopment of existing vacant properties and underutilized structures Y 6. Encourage the preservation, restoration and adaptive reuse of historic structures through incentives N/A 7. Beautification and façade improvement projects should be implemented to improve area aesthetics Y 8. Preserve/retain buildings that can house small businesses. Y 20170928AmendedPacket2 Page 103 of 159 20170926/jrl STAFF FINDING The use is allowed in this district but does not meet the required setback for commercial use next to residential use. The building must be brought up to current code to be used. While there is additional encroachment in the setback I believe the hardship of meeting the ADA requirements and the small footprint of the addition justify this construction. Staff recommends approval with stipulations that the fence behind the building is enlarged to eight feet high or replaced with a new eight foot barrier as required by 3-160. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Site plan review application B. Site plans C. Property card D. SAGIS map 20170928AmendedPacket2 Page 104 of 159 20170926/jrl 20170928AmendedPacket2 Page 105 of 159 20170926/jrl 20170928AmendedPacket2 Page 106 of 159 20170926/jrl 20170928AmendedPacket2 Page 107 of 159 20170926/jrl 20170928AmendedPacket2 Page 108 of 159 20170926/jrl 20170928AmendedPacket2 Page 109 of 159 20170926/jrl 20170928AmendedPacket2 Page 110 of 159 20170926/jrl 20170928AmendedPacket2 Page 111 of 159 20170926/jrl 20170928AmendedPacket2 Page 112 of 159 20170926/jrl 20170928AmendedPacket2 Page 113 of 159 20170926/jrl 20170928AmendedPacket2 Page 114 of 159 20170926/jrl 20170928AmendedPacket2 Page 115 of 159 20170926/jrl 20170928AmendedPacket2 Page 116 of 159 20170926/jrl 20170928AmendedPacket2 Page 117 of 159 20170926/jrl 20170928AmendedPacket2 Page 118 of 159 20170926/jrl 20170928AmendedPacket2 Page 119 of 159 20170926/jrl 20170928AmendedPacket2 Page 120 of 159 20170926/jrl 20170928AmendedPacket2 Page 121 of 159 20170926/jrl 20170928AmendedPacket2 Page 122 of 159 20170926/jrl 20170928AmendedPacket2 Page 123 of 159 20170926/jrl 20170928AmendedPacket2 Page 124 of 159 20170926/jrl STAFF REPORT PLANNING COMMISSION MEETING: August 21, 2017 CITY COUNCIL MEETING: September 14, 2017 LOCATION: Polk St. right of way & 318 Polk Street PIN: 4-0025-01-005Y & 005Z APPLICANT: City of Tybee Island & Michael Leonard OWNER: Same EXISTING USE: Single family dwelling and public street PROPOSED USE: Same ZONING: C-2 and E-C USE PERMITTED BY RIGHT: Yes and no COMMUNITY CHARACTER MAP: Commercial Gateway and Marshfront APPLICATION: Zoning Variance (3-090.1)Streams, lakes, coastal marshlands and freshwater wetlands buffer/setback. PROPOSAL: The applicant is requesting a variance to maintain a right of way and driveway that encroaches into the marsh buffer. This area is also known as Salt Meadows ANALYSIS: The applicant is requesting a marsh buffer variance. This has been granted three times before but they all expired. (G) Variance procedure. Variances from the above buffer requirements may be granted in accordance with the following provisions: (1) Where a parcel was platted prior to the effective date of the ordinance from which this section is derived, and its shape, topography, or other existing physical condition prevents land disturbing activity consistent with this section, and such land disturbing activity cannot be authorized through issuance of a buffer encroachment permit, the city may grant a variance that shall allow a reduction in buffer width only to the extent necessary to provide relief from the conditions which prevented land disturbing activity on the parcel, provided adequate mitigation measures are implemented by the landowner to offset the effects of such variance. Marshfront Neighborhood: Along the marshfront exist residential uses of various ages, sprinkled with intermittent commercial uses. Zoning classifications are R-1, R-1B, R-2, and E-C. Providing natural habitat, scenic views, and acess to the water via docks and creeks, natural resources here require special consideration. Comprehensive Plan – Community Character Area Marshfront Neighborhood Recommended Development Strategies Meets Strategy Y/N or N/A 1. Permit only uses compatible with area character N/A 2. Permit only uses that will not adversely affect/impact the marsh environment N 3. Enforce marsh buffer ordinance within the area N 4. Prioritize tree preservation to protect the scenic and habitat value of the area N/A 20170928AmendedPacket2 Page 125 of 159 20170926/jrl STAFF FINDING Staff finds the proposed maintenance of the right of way and driveway at 318 Polk St. meets the requirements for a variance. The parcel and home existed prior to the buffer requirements. This Staff Report was prepared by George Shaw. ATTACHMENTS A. Variance application B. Survey C. Site Plan D. SAGIS map 20170928AmendedPacket2 Page 126 of 159 20170926/jrl 20170928AmendedPacket2 Page 127 of 159 20170926/jrl 20170928AmendedPacket2 Page 128 of 159 20170926/jrl Planning Commission Meeting MINUTES August 21, 2017 Chair Bishop called the August 21, 2017 Tybee Island Planning Commission meeting to order. Commissioners present were John King, Charles Matlock, David McNaughton and Alan Robertson. Consideration of Minutes: Chair Bishop asked for consideration of the June 19, 2017 meeting minutes. Commission Matlock made a motion to approve and Commission Robertson seconded, the vote to approve was unanimous, 4-0. Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals, there were none. New Business: Minor Subdivision: Subdivide one lot into two lots – 1103C Bay Street – Andrea and Ben Tanner – Zone R-1 – PIN 4-0021-16-066 Mr. Shaw approached the Commission and stated the Tanners recently inherited a piece of property off Bay Street which is accessed from a 20’ access utility easement. The property is two lots of size that is required for the R-1 zoning and will both share the same access on the east side of the property. Lot 3B which is the lot to be created is an empty lot where 3A currently has the residence. Commissioner Matlock asked Mr. Shaw for a clarification of Commissioner Bossick’s comments which were unclear. Mr. Shaw responded it was not clear to him either. Commissioner Matlock made reference to the 20’ easement. Mr. Shaw explained the easement goes to the road and currently stops at Lot 3A as shown on the plat. Commissioner Matlock confirmed both lots have access to the wooden walkway. Mr. Shaw confirmed as this gives both lots beach access. Commissioner Robertson made a motion to approve and accept Staff’s recommendation. Commissioner McNaughton seconded. Vote was unanimous, 4-0 to approve. 20170928AmendedPacket2 Page 129 of 159 20170926/jrl Site Plan: Add 50 sq ft for restroom expansion – 1601 Butler Avenue – Arby Restaurant – Zone C1 – PIN 4-008-18-004 Mr. Shaw approached the Commission and explained that due to Hurricane Matthew, the restaurant was seriously damaged. He met with the representatives of the company almost immediately following the hurricane and expressed an interest in rebuilding. They have not applied for a permit within the first six months and he is unsure if this item can be heard as it is a non-conforming structure currently. To keep non-conforming in the same footprint and the permit needs to be applied for within the first six months after a natural disaster. With this being said, the options are: discuss; listen to public; perhaps make a motion; and/or pending the opinion of the City Attorney, Mr. Hughes, either move forward and restart the process. Commissioner King confirmed that even if the applicant was not expanding the footprint, the six month timeframe would still be an issue. Mr. Shaw confirmed as this is a non-conforming structure it must be brought into conformance if a permit is not applied for within the first six months. The petitioners are not in conformance with the adjacent buffer as this is not a residential use. Commissioner Bishop confirmed the applicant had applied and received a roofing permit. Mr. Shaw confirmed. Commissioner Matlock asked if the fees were waived due to the hurricane. Mr. Shaw responded fees were waived but not for non-conforming use. Mr. Shaw recommended a motion be made tonight so the request can move forward. Commissioner Bishop stated the damage to the building and the building itself is a tremendous eyesore and needs to move forward. Commissioner McNaughton stated he understands the desire to move forward but he is reluctant to recommend approval to City Council when there is no legal ruling from the City Attorney. Commissioner Bishop stated the Commission could move forward with a stipulation and if Mayor and Council concur can move forward. Commissioner Matlock asked if there is a requirement for a buffer. Mr. Shaw confirmed. Commissioner Robertson asked for clarification with the ADA requirements in regards to the bathroom. Mr. Shaw stated the bathroom needs to be expanded by 50’ as there needs to be wheelchair accessibility as well as room to spin the wheelchair. He continued, the petitioner will not demolish the building only add 50 sq ft. David Stiller, Facility Manager, Arby’s approached the Commission. Commissioner Robertson asked Mr. Stiller the implications of bringing the bathroom forward rather than extending out. Mr. Stiller stated it is the recommendation of the architect to bring the bathroom forward which will accommodate the ADA requirements. Commissioner Robertson asked how long demolition and construction to last. Mr. Stiller responded approved bids have been received and work is scheduled to being October 1, 2017 and to be open by Thanksgiving. Commissioner Bishop asked Mr. Stiller the intent of the corporate office. Mr. Still stated the interior will be completely remodeled to Arby’s new standards and exterior will be repainted. Commissioner Matlock asked if the petitioner has a permit. Mr. Stiller responded no as they are trying to get site plan approval and then proceed with permitting. Commissioner King asked if the building would encroach any closer to the back fence. Mr. Shaw responded no as there is a portion of the back wall which is closer than the proposed additional. Commissioner Matlock made a motion to 20170928AmendedPacket2 Page 130 of 159 20170926/jrl accept Staff’s recommendation approving the request. Commissioner Robertson seconded. Voting in favor were Commissioners Robertson, Matlock and King. Voting against was Commissioner McNaughton. Motion to approved, 3-1. Variance: Request to impact marshland to maintain right-of-way – Polk Street R-O-W and 318 Polk Street – City of Tybee Island – Zone C-2-EC – PIN 4-0025-01-005Y and 005Z. Mr. Shaw stated this is the third time this request has come before the Commission and it is a variance from the City’s marsh buffer requirements. The City must approve the variance and then Department of Natural Resources (DNR) can act on their requirements. The City has previously approved twice and has not gone forward. The consultant, Mr. Alton Brown, indicated DNR is willing to move forward if the City approves the variance. This is the City’s road and the Leonard’s driveway. Commissioner Matlock asked who is asking for the variance. Mr. Shaw responded the City and the Leonard’s. This is the extension of Polk Street, sometimes called Salt Meadows. The City is working toward approval for the placement of gravel on the road due to flooding. Commissioner Matlock asked if there was going to be further encroachment. Mr. Shaw stated the road does not look as it is getting wider than the current encroachment although there will be spill off which could increase the width slightly. This is the same scope of work as previously submitted and it seems that DNR has changed their opinion. Commissioner King asked how long the gravel would last. Mr. Shaw stated he was unsure and this request would probably come back to the Planning Commission again. Commissioner King stated this would not have to come back before the Planning Commission if the Leonard’s and City maintained the road and driveway. Mr. Shaw concurred. There was a discussion regarding the possible placement of a culvert to help alleviate flooding. Mr. Alton Brown, Resource and Land Consultants, approached the Commission. Commissioner McNaughton asked Mr. Brown the reasoning why DNR has not previously approved this request. Mr. Brown stated in 2008 the City and Leonard’s began working on this project, has gone through several changes and there is a long list of reasons why the request has not been approved. As of June 2017 we have received authorization from the Army Corps of Engineers without the DNR authorization. With this authorization, he can appear before the Coastal Marshlands Protection Committee and in order to go before this Committee, he must have a variance. Commissioner McNaughton asked the estimated cost of this project. Mr. Brown stated he did not have that information. Mr. Brown confirmed the Leonard’s as well as the City are fully committed to completing this project. Commissioner Matlock made a motion to accept this application, staff findings, as written. Commissioner McNaughton seconded. Vote was unanimous to approve, 4-0. Standing Agenda Items Derelict structures, their effect on the community and potential solutions. Mr. Shaw discussed the background of this agenda item as the City Manager, Dr. Gillen, 20170928AmendedPacket2 Page 131 of 159 20170926/jrl is very concerned about derelict structures. He is currently making a list of those derelict structures to start the process of citations and seek permission from Mayor and Council to demolish the identified properties if necessary to include imposing a lien on the property. Some of these structures have historic designation and are in danger of being demolished. Commissioner Bishop stated in touring the Island there are properties that are in extreme stage of disrepair and have been in some time. He commended the City Manager for continuing to take initiative in identifying these properties. He confirmed there is a process in place to identify the owners. Citations have a good result to date. A discussion ensued regarding the derelict structures to include trash, unsafe living conditions and junk cars. Commissioner Robertson asked if the City needed anything from the Commission. Mr. Shaw stated not at this time. Commissioner Bishop shared the City of Savannah’s process for citing property owners of derelict structures. This process might be tailored for the City of Tybee. Mr. Shaw stated the City is looking for compliance not looking to take property owners to court. Rules for the use of temporary storage units (PODS). Commissioner Bishop stated there seems to be a number of PODS on lots that have been in place post Matthew. Mr. Shaw responded there is no current ordinance. He is in favor of crafting an ordinance stipulating the timeframe of 3 – 6 months and extension would include reapplying. Commissioner Robertson cited Chapter 22 of the City Code, Article III, Sec 22-69 as this already speaks to accessory buildings which include not for habitation buildings. Junk litter is included in this portion of the Code and has a 30 day timeline. This could be a beginning and be tweaked to include PODS. Mr. Shaw to bring a draft ordinance to the Planning Commission at the next meeting. Commissioner McNaughton asked enforcement be included in the draft ordinance. Mr. Shaw confirmed. Review of Short Term Work Program. Commissioner Robertson stated at the June 2017 meeting the Commission asked him to bring two items: (1) Update on Master Plan Implementation Committee (MPIC) and (2) recommend how and where the Planning Commission should fulfill its responsibility in helping to implement the Master Plan and Carrying Capacity Study. Commissioner Robertson stated there are eight members of the MPIC and they meet monthly. He then shared his five recommendations (attached) and outlined a future meeting on September 26, 2017 at which time the Planning Commission will be afforded the opportunity to meet with the MPIC and Ecological Planning Group to discuss the best plan moving forward. Commissioner Matlock asked if members of the MPIC were representing themselves or the City. Commissioner Robertson responded, themselves as they assisted in building the Master Plan. Commissioner Bishop commended Commissioner Robertson on his work and expressed his concerns with the ambiguity with the Land Development Code (LDC) and recommended hiring an outside firm to review the LDC. In this way it would be beneficial in the Commission reviewing applications and variances. Commissioner Robertson made reference to the Code Review Committee with their sixteen month review of the Municipal Code. He stated 20170928AmendedPacket2 Page 132 of 159 20170926/jrl there is no request to review the LDC. Mr. Shaw stated the LDC has become personal as it reflects the will of the community and recommended a committee review the LDC for additions/deletions/changes and when completed have an outside firm make final adjustments. Commissioner Bishop expressed his frustration with the City Code and LDC as when you search a topic there are many references that are noted but not all may apply. Mr. Shaw stated if the Planning Commission wishes to make changes to the LDC they must have Mayor and Council’s approval. Commissioner Robertson reminded the Commission he is to give an update to Mayor and Council in October 2017 on the MPIC and could discuss the Commissions desires to review the LDC for possible changes. Commissioner McNaughton recommended not moving forward until after the election cycle. Commissioner Bishop concurred. Commissioner Robertson asked to propose background, the Timms variance, 1303 Second Avenue that Planning Commission declined and Mayor and Council approved and now Arby’s variance is before the Commission. Also included would be the item on Polk Street. He would have liked to hear from DPW their plan of action as well as had an affirmation of current documents as he did not feel comfortable with decision making with outdated information. Commissioner Robertson asked if the Commission should keep a case log to capture the rational of instances where the Planning Commission approves or disapproves and Mayor and Council reverse their recommendation. Each variance is different and precedence cannot be set. He expressed his concerns with Mayor and Council overturning the Commission’s recommendations. Mr. Shaw stated according to the City Attorney, there is no precedence set by variance rulings – they are all individual and all unique and none set precedence. A justification is also needed. Commissioner Robertson withdrew his discussion. Commissioner Bishop asked Mr. Shaw to get a statement from the City Attorney. Mr. Shaw confirmed. Commissioner McNaughton made a motion to adjourn. Commissioner Matlock seconded. Vote was unanimous to adjourn, 4-0. Meeting adjourned at 8:40PM. Janet LeViner, CMC City Clerk 20170928AmendedPacket2 Page 133 of 159 20170926/jrl 20170928AmendedPacket2 Page 134 of 159 20170926/jrl 20170928AmendedPacket2 Page 135 of 159 20170926/jrl 20170928AmendedPacket2 Page 136 of 159 20170926/jrl 20170928AmendedPacket2 Page 137 of 159 20170926/jrl 20170928AmendedPacket2 Page 138 of 159 20170926/jrl City Council Agenda Item Request Council Meeting Date for Request: September 28, 2017 Item: The purpose of this agenda item is a request that the City Council amend the fiscal year 2017-2017 SPLOST 2014 Capital Project by increasing the budget from $940,300 to $1,227,300, an increase of $287,000. Explanation: The purpose of this agenda item is to request that the City Council approve to amend the SPLOST 2014 Capital Fund budget for fiscal year 2017-2018 by increasing the revenue and expenditure budgets by $278,000 from $940,300 to $1,227,300. The cost for the capital projects will come from the City’s prior year fund balance. The summary of the changes to department’s budgets is included as Attachment A. Funding: General Fund Paper Work: __X_ Attached* Already Distributed Submitted by: Angela Hudson, Finance Director Sept 22, 2017 Date given to Clerk of Council 20170928AmendedPacket2 Page 139 of 159 20170926/jrl CITY COUNCIL MEETING SEPT. 28, 2017 CITY OF TYBEE ISLAND SPLOST 2014 SPECIAL REVENUE FUNDFISCAL YEAR 2017-20 Department Current Budget Budget Adjustment Amount Amended Budget Police Department - - - Fire Department 300,000.00 - 300,000.00 Public Works Admin 296,000.00 87,000.00 383,000.00 Storm Drainage 200,000.00 - 200,000.00 Solid Waste - - - Beach Related - 200,000.00 200,000.00 Parkways & Bulevards 43,000.00 - 43,000.00 Other Financing Uses 101,300.00 - 101,300.00 TOTALS 940,300.00 287,000.00 1,227,300.00 20170928AmendedPacket2 Page 140 of 159 20170926/jrl 018 BUDGET 20170928AmendedPacket2 Page 141 of 159 20170926/jrl 20170928AmendedPacket2 Page 142 of 159 20170926/jrl 20170928AmendedPacket2 Page 143 of 159 20170926/jrl 20170928AmendedPacket2 Page 144 of 159 20170926/jrl 20170928AmendedPacket2 Page 145 of 159 20170926/jrl EMERGENCY ORDINANCE/RESOLUTION – 01-2017 EMERGENCY ORDINANCE / RESOLUTION TO GRANT CERTAIN POWERS TO THE CITY MANAGER AND TO MODIFY PROCEDURAL REQUIREMENTS FOR SOLICITATION OF PROPOSALS AND TO SEEK AUTHORIZATION FOR CERTAIN STORM RELATED/PUBLIC HEALTH RELATED EMERGENCY ACTIVITIES IN THE PUBLIC INTEREST 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 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 City was recently included in a Declaration of Emergency due to Hurricane Irma which caused damage, destruction flooding and significant emergency conditions; and WHEREAS, the City participates in the Chatham County Emergency Management program and coordinates with the Chatham Emergency Management Agency (CEMA); and WHEREAS, the City is faced with a crisis that implicates matters of public safety, health, property and infrastructure and damage caused thereto necessitating removing debris and water in various areas, the suspension or reduction of certain fees, authorizing actions by staff to secure appropriate bids or proposals consistent with FEMA requirements and to seek appropriate reimbursements; and WHEREAS, the City has entered into certain contracts with respect to debris removal and the monitoring of removal pursuant to Federal Emergency Management (FEMA) guidelines; and WHEREAS, certain locations within the City are served only by private drives and/or consist of gated communities; and 20170928AmendedPacket2 Page 146 of 159 20170926/jrl WHEREAS, the Chairman of the Chatham County Commission has declared an emergency pursuant to the Chatham County Emergency Management ordinance; and WHEREAS, the County ordinance, to which the City submits under its own ordinances, authorizes the use of private property and the performance of necessary functions to promote and secure the safety and protection of the civilian population of the City; and WHEREAS, the County ordinance, as well as the ordinances of the City and the policies it has adopted pursuant thereto, recognize that the Georgia Emergency Management Act of 1981, as amended, authorizes municipalities to exercise emergency governmental powers [Chatham County Emergency Management Ordinance 4-309.2(v)(1)(4) and 4-309.2.b]; and WHEREAS, the City Charter, Section 2.24, authorizes the City to adopt an emergency ordinance subject to the provisions thereof. NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of Tybee Island that a Declaration of Emergency has been declared by the Mayor of the City and that, therefore, all provisions of The Code of the City of Tybee Island, Georgia, Chapter 18-1, et seq., shall be in place and the Emergency Operation Plan has been activated in light of the state of emergency declaration. Pursuant to Section 18-5 and the Emergency Management Act of 1981, the City hereby implements orders consistent with the provisions above in order to accomplish the protection of the community and its citizens, including the right and obligation for emergency access to be available and accomplished to all appropriate areas of the City including, but not limited to, those areas within gated communities and/or located on private drives and any prohibitions on the rendering of services by the City with respect to private roads or drives be suspended and superseded hereby to the extent legally permissible and that the City dedicate such services and equipment as is needed in order to remove the public health and safety risk and emergency to the extent necessary for the protection of life and property, subject to the City securing authorization from FEMA in performing such services. Further, any City Code or provision of law which would otherwise be applicable to the conduct of City business, including the procedures and Rules of Council with respect to the adoption of resolutions or ordinances shall be superseded hereby in order so as not to hinder or delay the implementation of the disaster recovery for the period October 12, 2017 until additional action by the Mayor and Council, whichever shall first occur pursuant to the 20170928AmendedPacket2 Page 147 of 159 20170926/jrl provisions of Section 18-6(6) of The Code of Ordinances of The City of Tybee Island, Georgia, as well as Section 2.24 of the Charter thereof. Further, it is determined to be in the immediate public interest of the City to authorize the removal of obstructive debris and/or white goods prohibiting or interfering with access to residents in need of ongoing emergency access and restoration efforts and, therefore, the staff of the City may solicit bid proposals if necessary and make reasonable efforts to secure rights of entry and indemnity agreements from the owners of any private property which might be impacted by the actions and procedures of the City in the recovery effort and, to the extent possible, the owner of any property impacted by the actions of the City be given an opportunity to present any objections or comments to the City Manager or designated emergency official for the City during the process. It is further resolved by the Mayor and Council of the City of Tybee Island that Hurricane Irma did widespread damage throughout the City resulting in storm debris and other material from building and houses, damage with such magnitude that the City as a whole, including public and private streets and gated communities, in need of public assistance for the removal of storm damage debris and/or in need of emergency protection services and it is in the public interest to remove and establish access and abate the hazardous conditions to the extent they constitute a threat to life, public health and safety to all citizens and to promote a meaningful economic recovery of the City. Due to the declaration of an emergency, the City considers itself obligated to provide services, including storm debris and white goods and building debris removal and abatement on public and private property to promote the public health, safety and to allow for the economic recovery of the City as a whole. Therefore, the Mayor and Council of the City of Tybee Island do hereby find that, given the emergency conditions that exist, City staff should immediately seek to obtain proper approvals from FEMA officials to allow the removal of storm and other related debris material from private roads and property in gated communities, as well as in the public areas to the extent necessary for the public interest, health, safety and welfare and to promote the economic recovery. Further, the City will suspend fees related to the disposal of storm related household items and debris in the City dump and may waive late fees for utility bills and hotel/motel tax returns; suspend cutoffs for water customers who are late in payment and, further, instruct staff through City contracts to direct the removal of damaged of household contents and construction 20170928AmendedPacket2 Page 148 of 159 20170926/jrl debris removal in the City right of way and City property, as well as to provide for the monitoring thereof upon FEMA approval of said actions and to seek FEMA approval thereof and to take any and all necessary actions to ensure or seek to require or achieve the maximum amount of allowable FEMA reimbursement under the circumstances. In addition, the manager is authorized to sign on behalf of the City agreements necessary and appropriate with FEMA, GEMHSA, or other government agencies in order to assist in disaster recovery within his discretion reserving the right of the manager to seek direction from the Mayor and Council as might be appropriate. In the event advance FEMA approval is not timely received for the removal of related/damaged household contents and construction debris removal from the shoulders of private streets and/or with gated communities, the Mayor and Council will consider further action depending on conditions. ADOPTED THIS DAY OF , 2016. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: ______ SECOND READING: ______ ENACTED: 572-000001/2017 Emergency Ordinance/Resolution 09.14.17 20170928AmendedPacket2 Page 149 of 159 20170926/jrl 20170928AmendedPacket2 Page 150 of 159 20170926/jrl 20170928AmendedPacket2 Page 151 of 159 20170926/jrl 20170928AmendedPacket2 Page 152 of 159 20170926/jrl 20170928AmendedPacket2 Page 153 of 159 20170926/jrl 20170928AmendedPacket2 Page 154 of 159 20170926/jrl 20170928AmendedPacket2 Page 155 of 159 20170926/jrl 20170928AmendedPacket2 Page 156 of 159 20170926/jrl 20170928AmendedPacket2 Page 157 of 159 20170926/jrl 20170928AmendedPacket2 Page 158 of 159 20170926/jrl 20170928AmendedPacket2 Page 159 of 159 20170926/jrl