HomeMy Public PortalAbout20180809CityCouncilPacket.pdfTable of Contents
000_000_20180809Agenda....................................................................................................................................................................................... 1050_010_20180712Minutes....................................................................................................................................................................................... 3060_010_MBH Resume....................................................................................................................................................................................... 7100_000_CC-1-20180716_PC_AGENDA....................................................................................................................................................................................... 8100_001_CC-3-20180726_PC_AGENDA....................................................................................................................................................................................... 9100_010_CC-5-20180716 VARIANCE-21 TERESA LN....................................................................................................................................................................................... 10 Untitled_20180709_121642_001....................................................................................................................................................................................... 13 Untitled_20180709_121701_001....................................................................................................................................................................................... 17 Untitled_20180709_121716_001....................................................................................................................................................................................... 19 Untitled_20180709_121733_001....................................................................................................................................................................................... 20100_030_CC-6-20180716 TEXT AMEND-SOUTHEND OVERLAY....................................................................................................................................................................................... 24 Untitled_20180709_120001_001....................................................................................................................................................................................... 28 Untitled_20180709_115906_001....................................................................................................................................................................................... 26 Untitled_20180709_115948_001....................................................................................................................................................................................... 37100_040_CC-2-20180716_PC_MINUTES....................................................................................................................................................................................... 74100_050_CC-4-20180726_PC_MINUTES....................................................................................................................................................................................... 76120_010_Real Property & Title Dox - scan....................................................................................................................................................................................... 77120_020_DOC080218-08022018080521-0001....................................................................................................................................................................................... 82120_021_Fire Truck Donation....................................................................................................................................................................................... 83130_010_Cities_Prepaid resolution....................................................................................................................................................................................... 90130_020_Cities_Postpaid resolution....................................................................................................................................................................................... 92140_010_Chris Carr Attorney General June 2018....................................................................................................................................................................................... 94140_020_Mediation Agreement....................................................................................................................................................................................... 96140_030_2018 Agenda Request-Discussion Atlantic Waste Seasonal Disposal....................................................................................................................................................................................... 100
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or participate in
this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan
LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons.
AGENDA
REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL
August 9, 2018 7:00PM
Please silence all cell phones during Council Meetings
I. Consideration of Items for Consent Agenda 6:30PM
II. Executive Session
III. Opening Ceremonies
1 Call to Order
2 Invocation: Ken Douberly, St Michael’s
3 Pledge of Allegiance
IV. Recognitions and Proclamations
1 US Coast Guard – Mayor Buelterman and Ava Thomas, President, TIYC
i. BMCS Justin Wainscott, Station Tybee
ii. CDR Brain Erickson, Air Station Savannah
iii. CDR Norm Witt, MSU Savannah
iv. BM1 Van Pedrick, ANT
v. MKC Kellyn Montesino, Recruiting Office, Savannah
vi. BMCM Mark Adams, USCGC Chinook
2 James Burke IV, Tybee Resident
V. Consideration of the approval of the minutes of the regular meetings of the Tybee island City Council
1 Minutes, Regular City Council Meeting, July 12, 2018
VI. Consideration of Boards, Commissions and Committee Appointments
1 Martha Harrell, Historic Preservation Commission
VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes.
1 Tybee Island Youth Council
i. Ava Thomas, President
ii. Payton Kinkel, Update on trip
2 Concerned Citizens of Tybee Island – Lisa Lopofsky
VIII. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times if 5 minutes.
IX. Consideration of Approval of Consent Agenda
X. Public Hearings
1 Zoning Variance: Sec 3-090.1(D)(2), Sec 3-190(B) and Sec 3-190(E). Placement of swimming
pool and decks. PIN 4-0022-01-372 – Barry Weiner
2 Site Plan Approval with Variance: Tear down existing structure on property. 19 Silver Avenue,
PIN 4-0008-06-015 – Walter Freeman. WITHDRAWN BY PETITIONER
3 Text Amendment to Land Development Code: Sec 4-050 Zoning Districts (O) South-end
Business Overlay District
4 Minutes, Planning Commission, July 16 and 26, 2018
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Individuals with disabilities who require certain accommodations in order to allow them to observe and/or participate in
this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan
LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons.
XI. Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License
XII. Consideration of Bids, Contracts, Agreements and Expenditures
1 Real Property Agreements for Enhancement Projects – Georgia Department of Transportation
2 Donation of fire truck to Wheeler County/City of Alamo Fire Department
XIII. Consideration of Ordinances, Resolutions
1 Resolution: E911 Model Resolution
i. Prepaid Resolution
ii. Postpaid Resolution
XIV. Council, Officials and City Attorney Considerations and Comments
1 Jason Buelterman
i. Discussion of Prohibition of Pop-up Rental Scooters from Tybee
ii. Correspondence to Georgia State Attorney General re: Deep Well
2 Bubba Hughes
i. Consideration of Mediation Agreement between the City of Tybee Island and the
Concerned Citizens of Tybee Island
ii. American Legion Post 154 Agreement – DOCUMENTS FORTHCOMING
3 Shawn Gillen
i. Atlantic Waste Services, Inc. Seasonal Disposal
XV. Minutes of Boards and Committees
XVI. Executive Session
1 Discuss litigation, personnel and real estate
XVII. Possible vote on litigation, personnel and real estate discussed in executive session
XVIII. 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.”
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City Council Minutes, July 12, 2018
Consideration of Items for Consent Agenda
Mayor pro tem Brown called the consent agenda to order at 6:30PM on July 12, 2018. Those
present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, and Jackson Butler.
Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George Shaw,
Director, Community Development; and Janet LeViner, Clerk of Council. Mayor Buelterman was
excused due to vacation plans.
Mayor pro tem Brown listed the following items on the consent agenda:
1. June 14, 2018, City Council Minutes
2. June 27, 2018, Public Hearing, Millage
3. June 27, 2018, Public Hearing, Millage and Budget Adoption
4. Jeremy Altman, Historic Preservation Commission
5. Alcohol License Request: Beer and Wine Only – No Sunday Sales: Coastal Initiative DBA
Escape Tybee (Existing Business License). 106 South Campbell
6. Alcohol License Request: Beer and Wine Package Sales/Sunday Sales. Dolphin Watch
Tiki Hut (New Business License – Watersports Equipment rentals) 2101 Hwy 80
7. Out of State Travel, Jason Buelterman and Shawn Gillen, Washington, DC, July 16-17,
2018
8. Department of Natural Resources/City of Tybee Island – Historic Preservation Fund Grant
Agreement, South End Overlay District: Design Guidelines
9. Approve a contract with Thompson Engineering for $4,250 to perform structural
evaluation of the City buildings that are eligible for the storm shutters under the Hurricane
Matthew Hazard Mitigation Grant
10. Marine Science Center Contracts – Ratified
11. Second Reading, 06-2018, Sec 8-080, Land Development Code regarding flood damage
prevention. Discussion: Mr. Hughes stated this makes the current ordinance
consistent with the new flood maps.
12. Bubba Hughes: Resignation, General Release and Waiver of Rights – Ja’Borian Morman
Julie Livingston made a motion to adjourn to executive session to discuss litigation, personnel
and real estate. Jackson Butler seconded. Vote was unanimous to approve, 6-0.
Julie Livingston made a motion to return to regular session. Wanda Doyle seconded. Vote
was unanimous to approve, 6-0.
Mayor pro tem Brown 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
Citizens to be Heard.
Lisa Freeman, Insurance for lost tree – rescheduled for August 23, 2018
Abby Burke approached Mayor and Council to speak on 9 Meddin Drive, as she would like to
add a driveway on her property. Ms. Burke presented drawings of her property. She
continued, in 2000 Mr. Fitzgibbons moved into a property know as 11 Meddin Drive and allowed
Ms. Burke to park at his property. Two years ago, he added a trailer to the property, which left
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her without a parking space. After contacting the City, she is now allowed to park on the service
road. Now there seems to be a disagreement on whether she can park there or not as Mr.
Fitzgibbons contacts the TIPD when she does. She is asking for the City to remove 25’ feet of
the existing wall on Meddin so a driveway can be built. Ms. Doyle stated this request needs to
be reviewed by an Engineer, as it will need a drainage plan. Mr. Shaw responded there are
questions as to who will be responsible for the improvements to the area, the City or the property
owner. Ms. Burke explained this is a hardship, as she has no driveway. Mr. Butler asked if there
is any significance to the existing wall. Ms. Burke responded the Army used for trashcans in
1898, as it is part of Ft. Screven. Mayor pro tem Brown stated the wall might also be used for
erosion. Ms. Burke would like access to her residence, as she is the only one that does not have
a driveway. She asked the City cut down the wall and advise her what to put there for drainage
and she will comply. Mayor pro tem Brown confirmed she would like to drive from the street to
the side of her house. Ms. Burke confirmed. Mr. Parks stated he recognizes there is an issue.
Ms. Doyle confirmed this issue would need to be engineered, as there might be drainage issues.
She further recommended the Infrastructure Committee hear this issue. Mayor pro tem Brown
recommended a retaining wall be built but agreed this needs to be engineered. Dr. Gillen to
follow-up.
Kathryn Williams approached Mayor and Council to discuss a designated parking space
near North Beach Grill. Ms. Williams stated she is aware the City is working on a parking plan
is would like to offer a solution for days when she or her employees cannot access the North
Beach Grill. She showed a picture of an area on the north side of the Grill as there is a parking
stop on the left with signage on the right. The City does not allow parking in that space and if
you park there they are ticket. Ms. William suggested if it were more clearly delineated as a no
parking spot, they would park there when there is no other parking available for catering and
such instances. In this way, she would not be taking a “paying” parking space from the City. Ms.
Doyle stated she likes the idea and feels the parking space should be marked. Dr. Gillen stated
the spot needs to be designated by Mayor and Council for loading and unloading zone only. He
confirmed signage needs to be put in that area.
Julia Pearce approached Mayor and Council to speak on the Unopened Portion of 5th
Avenue, Nature Trail. Ms. Pearce reminded City Council that Sally Pearce lived on Tybee for
over 60 years and was the first and second Beach Bum Queen. Our Island has a deep-rooted
understanding of the natural history and would not be a good idea to “mess” with the Nature
Trail. Ms. Pearce asked the Nature Trail not be compromised due to a new business moving in
and to side of the side of nature.
Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote
was unanimous, 6-0.
Public Hearings
Site Plan with Variance, Parking Requirements – Lot “A” Fifth Avenue (106 6th
Avenue) PIN 4-0003-07-005 – Currently Zoned R-2/C-2 – Carrie Efird. George Shaw
approached Mayor and Council to explain the request. The item before them tonight is a Site
Plan Approval, two story over parking building, which upgrades their commercial laundry business
for the short-term rental business. The second level has two efficiencies and a one-bedroom
apartment. In addition to the Site Plan Approval the petitioner is asking for a variance as they
are three parking space short on the site. There is public parking on Highway 80 nearby if
needed. Mr. Shaw stated the Planning Commission recommended approval with a 4-2 vote. Mr.
Parks confirmed what was before them tonight is the approval of the Site Plan and Variance. Mr.
Shaw confirmed. Mr. Parks asked if the Planning Commissions biggest concern was the parking
or setback requirements. Mr. Shaw responded originally their concerns were with the setback
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but that was resolved as well as the parking requirements. Mr. Parks asked Mr. Shaw to explain
why Staff was not in favor of approving this request. Mr. Shaw responded he did not feel this
request meets the threshold for a variance per the City’s ordinance. There needs to be a level of
hardship created by the parcel itself and since the parcel was purchased, the buyers knew the
size and shape, the hardship was created by the size of the building. Mr. Branigin stated the only
inconvenience by not having the additional parking spaces would be the people who work and
live in the building. Mr. Shaw confirmed. Mr. Butler confirmed the rentals would be for long-
term rental. Mr. Shaw stated the ordinance does not differentiate as it can be either. Ms.
Livingston stated she does recognize the hardship issue on a variance but it is hard to use a
hardship specifically for the parking. Carrie Efird approached Mayor and Council. Mr. Parks
asked if there are plans for chemical storage in case of a spill. Ms. Efird responded the chemicals
are in heavy-duty containers and dispensed using a draw system that is extremely controlled.
The drums would be stored under the building in an enclosed area. If there is an impending
storm, all shipments are suspended and any existing containers are moved to the highest level.
There was a brief discussion regarding low-level lighting. Ms. Efird assured Mayor and Council
there will be outside low-level lighting so as not to disturb the Natural Trail and surrounding areas.
She thanked Mayor and Council for considering her variance request. Ms. Efird then addressed
Ms. Livingston’s concerns regarding the hardship. Ms. Doyle asked Ms. Efird to address the
distance from her property to the Sally Pearce Nature Trail. Ms. Efird responded the eastern side
of the building is approximately 30’ from the eastern property line as the building is 60’ long.
That would be 30’ to the middle property line and the adjacent lot that abuts unopened 5th Avenue
is 110’ wide. She continued, the actual Trail is on the eastern portion is 10’ from the eastern
property line which totals 50’. By adding them together, there is approximately 200’ from the
sidewall of the structure. In the rear, if there were a diagonal line, it would be over 200’ to the
wooded area. Mayor pro tem Brown thanked Ms. Efird. Wanda Doyle made a motion to
approve. Monty Parks seconded. Vote was unanimous to approve, 6-0.
Mr. Hughes stated they, Mr. Shaw and himself, need guidance as to how to proceed regarding
5th Avenue. He would recommend there be a plan as to relocating the trees; at whose expense;
the topography of the area that is going to be driven upon; and any drainage consideration that
needs to be taken in to account. In addition, to determine whether or not the first sign for the
Natural Trail, which should be moved. Mr. Shaw stated he did send questions to Mayor and
Council for their consideration and response. Ms. Doyle confirmed. It is her recommendation
the costs be split between Ms. Efird and the City. Mr. Parks would like to see options. Mr. Shaw
described the amount of trees that need to be removed and the grading that will probably need
to be done. Mr. Parks stated he would like a report from the City’s engineering firm for an
estimate of costs. Mayor pro tem Brown confirmed. Ms. Doyle stated the topographical maps
need to be reviewed for costs and brought back to the second meeting in August, August 23,
2018.
Consideration of Bids, Contracts, Agreements and Expenditures
American Legion Post 154 Agreement. Mr. Hughes stated he was asked to draft an
agreement between the City and the American Legion Post 154. In the process of the budget
discussions there was a discussion regarding the building needing wiring and electrical work. The
deed to the American Legion contains a reverting clause as if they do not comply with the
conditions in the deed; the building reverts to the City. In order to provide funds to the American
Legion to make the necessary repairs they need to obligate themselves similar to any other non-
profit. For instance, the Tybee Post Theater. In turn, this will obligate the American Legion
beyond what the conditions are in the deed to make the facility available and otherwise provide
space when the City would need it. Mayor pro tem Brown confirmed the American Legion Post
154 would actually pay the electrical contractor for the repairs. Ms. Doyle stated she has spent
time with the Commander and Treasurer of Post 154 and the biggest concerns are (1) no more
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than 36 hours’ notice for events; and (2) guidelines for who can use it, i.e. other non-profits,
citizens. There was a lengthy discussion regarding the reservation process as whether it is done
directly or through Staff. Ms. Doyle recommended the monies are held by the City and the
American Legion submit receipts for payment. Mr. Parks recommends the “use of the facility” be
noted as it does not include the kitchen, bar and bartender. These services would have to be
arranged through the American Legion Post. Mr. Butler recommended clear language be included
in the Agreement outlining who is eligible to use the facility. Mr. Hughes will include the
recommendation from Mayor and Council and bring back for approval. NO ACTION TAKEN.
FOR DISCUSSION ONLY
Council, Officials and City Attorney Considerations and Comments
Wanda Doyle stated the City Manager, Dr. Gillen, has an Action Item List that includes the
City Council Goals. She has concerns with the Action Item List, as there are no completion dates.
Ms. Doyle highlighted a few Items and asked Mayor and Council to take the spreadsheet and
update. One specific issue is Tybrisa in regards to trash, pressure washing, beautification and
litter. Dr. Gillen assured Mayor and Council steps are being taken to correct all issues. Mr.
Branigin asked for status of the revision to the Noise Ordinance as it is the only leverage the City
has due to the State expanding the people’s right to use commercial fireworks. Ms. Doyle
responded she would add to the Action Item List, as it is not included as well as the Disorderly
Household Ordinance. Mr. Hughes added he has prepared the Notice that needs to be published
and will forward. The next step is to adopt the Noise Ordinance repealing the existing ordinance
and readopting the existing ordinance. The Fireworks Ordinance must be changed. The State
Law gives the City more control as long as there exists a Noise Ordinance that applies to every
instance. Mr. Branigin also asked the status of the Bee issue on the Island and added to the
Action Item List. Dr. Gillen confirmed.
George Shaw gave an Update on the Flood Mitigation Grant explaining the first twelve
applications were sent to the State and have been forwarded to FEMA for their review. All other
applications, 48 additional, were to the State as well. Mr. Shaw stated the consultant’s agreement
has expired but he has agreed to conduct another public meeting to answer any remaining
questions. Mr. Parks confirmed all applications are at the State or FEMA level. He also
commended Mr. Shaw for the outstanding job he has done in regards to the Grant.
Julie Livingston made a motion to adjourn to executive session to discuss real estate and
personnel. Jackson Butler seconded. Vote was unanimous, 6-0.
Julie Livingston made a motion to return to regular session. Wanda Doyle seconded. Vote
was unanimous, 6-0.
Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 6-
0.
Meeting adjourned at 10:30PM.
_____________________________
Janet R. LeViner, CMC
Clerk
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Martha B. Harrell, ASID
PO Box 2380
Tybee Island, GA 31328
(912) 659-4330
marty3735@hotmail.com
NCIDQ Certi ed
Licensed Interior Designer
in Georgia
B.F.A. Art, Interior Design, University of Georgia, Athens, GA
B.A. Liberal Arts, N.C. State University, Raleigh, NC
Post-Graduate Studies, Georgia State University, Atlanta, GA
Quality First Course, NE Tennessee State, Kingsport, TNEDUCATION
Panel Member: ASID/IBD “Salute to Women In Design”
Panel Member: Student Workshop Neocon 16
Co-Designer: ASID Christmas at Callenwolde
Member: Advisory Board UGA Art Department, Ret.
Member: Advisory Board Georgia Southern University, Interior Design Dept., Ret.
Board Of Directors: Georgia Chapter, ASID, RET.
Savannah Sunrise Rotary, Past-PresidentPROFESSIONAL & CIVIC PARTICIPATIONCogdell & Mendrala Architects, PC
Savannah, Georgia
Vice-President, Head Interior Designer, Marketing Director.
Firm focuses mainly on K-12 and Higher Education Design but has a broad portfolio with
projects ranging from the Savannah Children’s Museum to historic church renovations. WORK EXPERIENCE10/94PRESENTMartha B. Harrell, ASID: Design Consulting
Tybee Island, Georgia
Consulting to Architects and Interior Designers in the Savannah area.
Projects Include: Health Care, Ecclesiastical, Hospitality, State Libraries,
Renovation and New Construction Homes.9/9210/94Savannah College Of Art And Design
Savannah, Georgia
Building Manager
Responsible for the day-to-day operation of an academic building. 9/9210/94Todd Interiors, Inc.
Kingsport, Tennessee
Vice President, Design and CAD Services
Responsible for managing the Design and CAD Sta as well as
being Project Manager for Design Projects and Marketing. 11/90 9/92Charlton Interiors, Inc.
Savannah, Georgia
Designer/Marketing
Responsible for marketing the rm throughout the states of Georgia and
South Carolina as well as designing various projects.9/89 8/90Turner Broadcasting System, Inc.
Atlanta, Georgia
Director Of Interior Planning
Responsible for interior nishes and furnishings for Turner Properties World-wide.12/83 9/89Southern Bell Telephone and Telegraph Company
Atlanta, Georgia
Designer (Titled As Engineer)
Responsible for the Space Planning of typical oors in Company
Headquarters Complex as liaison between the design rm and SBT&T.2/80 12/83The Coca-Cola Company
Atlanta, Georgia
Interior Designer
Responsible for the Space Planning of a typical oor in the Company Headquarters
Building, and four oors in the Support (Laboratory) Building.
References Available Upon Request.11/79 2/8020180809CityCouncilPacket 20180803/jrl20180809CityCouncilPacketPage 1 of 1007 20180803/jrl20180809CityCouncilPacketPage 7 of 102 20180803/jrl
PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting
AGENDA
July 16, 2018 – 7:00 p.m.
For City Council Meeting August 9, 2018 – 7:00 p.m.
A. Call to order:
B. Consideration of Minutes:
1. Minutes of June 18, 2018
C. Disclosures/Recusals:
D. Old Business:
E. New Business:
1. Zoning Variance: Sec.3-090.1(D)(2), Sec.3-190(B) and Sec.3-190(E). For the placement of
a swimming pool and decks along south side of residence partially within the marsh buffer.-21
Teresa Ln. -4-0022-01-372 – Barry Weiner.
2. Site Plan Approval with Variance: Tear down existing structure on property and rebuild
new structure. Three foot front variance -19 Silver Ave. – 4-0008-06-015 – Walter Freeman.
3. Text Amendment to Land Development code: Sec. 4-050 Zoning Districts (O) South End
Business Overlay District.
F. Standing Agenda Item:
MPIC Update
Adjournment:
Lisa L. Schaaf
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons. 20180809CityCouncilPacket 20180803/jrl20180809CityCouncilPacketPage 1 of 1008 20180803/jrl20180809CityCouncilPacketPage 8 of 102 20180803/jrl
PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Special Meeting
AGENDA
July 26, 2018 – 4:00 p.m.
For City Council Meeting August 9, 2018 – 7:00 p.m.
A. Call to order
B. Old Business: Discussion only
1. Text Amendment to Land Development code: Sec. 4-050 Zoning Districts (O) South End
Business Overlay District.
Lisa L. Schaaf
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
for those persons. 20180809CityCouncilPacket 20180803/jrl20180809CityCouncilPacketPage 1 of 1009 20180803/jrl20180809CityCouncilPacketPage 9 of 102 20180803/jrl
MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Jackson Butler
Wanda Doyle
Julie Livingston
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 08/09/2018
Item: Zoning Variance
Explanation: Sec.3-090.1(D)(2), Sec.3-190(B) and Sec.3-190(E). For the placement of a swimming pool and decks
along south side of residence partially within the marsh buffer.-21 Teresa Ln. -4-0022-01-372 – Barry Weiner.
Paper Work: YES Attached
Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request.
• If applicable, audio / video presentations must be submitted to the IT department at City Hall at least
48 hours prior to the meeting.
• Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: Lschaaf@cityoftybee.org
Date given to Clerk of Council: 08/09/2018
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown, Mayor Pro Tem
John Branigin
Jackson Butler
Wanda Doyle
Julie Livingston
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CLERK OF COUNCIL
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by noon on Wednesday a week prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda. There is a three minute limit for all visitors.
Council Meeting Date for Request: 08/09/2018
Item: Text Amendment to Land Development code
Explanation: Sec. 4-050 Zoning Districts (O) South End Business Overlay District
Paper Work: YES Attached
Audio/Video Presentation*
• If applicable, a copy of the presentation / report must be submitted with this agenda request.
• If applicable, audio / video presentations must be submitted to the IT department at City Hall at least
48 hours prior to the meeting.
• Request will be postponed if necessary information is not provided.
Submitted by: Lisa L. Schaaf
Phone / Email: Lschaaf@cityoftybee.org
Date given to Clerk of Council: 08/02/2018
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org
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Definitions
Active Use. An allowed use under the zoning ordinance for a property that is open to and provides an
ongoing activity or service for the general public (i.e. restaurant, retail, office, gallery, etc.) and which
maintains a primary exterior entrance. Uses intended primarily for the buildings’ occupants, such as
meeting rooms, internal offices, hallways, storage areas, recreational facilities not open to the general
public, etc., or are primarily accessed from the interior, are not considered active uses.
Block. A block is a rectangular space bounded on three sides by a street and on the forth by a street or
lane and occupied by or intended for buildings.
Block front. A block front is the area between two intersecting streets along the same side of the street
on which the subject parcel is located.
Building form. The physical shape of a building resulting from its mass, height, and envelope.
Commercial building. A building whose primary function is for business or retail use.
Compatibility. The positive relationship of alterations to existing buildings and designs for new
construction to their environs; compatibility is measured by consistent application of accepted
guidelines and standards defining the individual visual character of a specific area.
Façade. Any exterior face of a building.
Fronting. Facing.
Glazing. The clear or translucent material through which light passes into a building; most often glass.
Historic building. Structures that are 50 years of age or older.
Muntin. The molding or bar that separates the individual panes of a multi-paned window sash.
Non-historic. A structure that is less than 50 years old and does not possess any known historical or
architectural significance.
Primary Façade. The façade on which the primary entrance is located. For buildings on corner lots, the
building may have two primary facades.
Principal Building. The building with the greatest surface area on a parcel.
Principal Commercial Streets. The portions of Tybrisa Street, Butler Avenue, and Strand Avenue located
within the South End Overlay District.
Principal Roof. The roof of the principal building on a parcel.
Storefront. The ground floor area of a retail building featuring large glass windows.
Story. That portion of a building, other than the basement, included between the surface of any floor
and the surface of the next floor above it, or if there is no floor above it, then the space between the
floor and the ceiling above the floor of such story.
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Special Meeting
AGENDA
July 26, 2018 – 4:00 p.m.
For City Council Meeting August 9, 2018 – 7:00 p.m.
A. Call to order
B. Old Business: Discussion only
1. Text Amendment to Land Development code: Sec. 4-050 Zoning Districts (O) South End
Business Overlay District.
Lisa L. Schaaf
Individuals with disabilities who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are
required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations
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RESOLUTION IMPOSING MORATORIUM ON DEMOLITION PERMITS OF
HISTORIC STRUCTURES IN THE
SOUTHEND BUSINESS OVERLAY DISTRICT
Adopted by City Council on March 22, 2018
COMMENTS RECEIVED (AS OF 7/25/18) FROM PLANNING COMMISSION MEMBERS FOLLOWING THE 7/16/18
PLANNING COMMISSION RE: PROPOSED TEXT AMENDMENT FOR THE SOUTHEND OVERLAY DISTRICT TO
COMPLY WITH CITY COUNCIL REQUEST
Demery Bishop (7/20 email about the meeting/process, but does include comments that
could be considered for incorporating into the revised version):
“Good Morning:
The above subject matter was an agenda item for the Planning Commission (PC), July 16, 2018, meeting. The PC
package contained the proposed text amendment but did not contain the definitions of terminology used
therein. This list of definitions has been provided to members of the PC post their meeting. During the PC
meeting and discussion with City of Tybee (COT) Staff, consultants and other members of the public, it was
determined by the PC that there were a number of questions that could potentially pose issues in the future as to
interpretation of the proposed amendment and the existing Land Development Code. We are all very cognizant
of the importance of understanding and preventing code conflict(s) for staff as well as our citizens, developers,
etc. With this in mind, the PC, after considerable discussion, passed a motion to “continue” the agenda item, so
that questions could be submitted and answered prior to its next meeting. I should point out that the PC, as a
whole, was most favorable to the proposed design standards, etc., as presented but that to ensure clarity and
understanding, it was deemed important to have this additional time for answers/clarification.
Additional language is included to clarify that where a conflict exists between the base zoning and the overlay,
the standards of the overlay shall govern.
Having stated all of the above, I have been informed that this item has been placed on the City Council’s agenda
for consideration at its August 9, 2018 meeting. While the PC understands that we are only a “recommending
body”, we would like to have the opportunity, as Council has agreed to in the past, to fully and completely review
and recommend a total package to Council for your decision making authority.
I therefore, as Chairman of the PC, respectfully request that you allow the PC to complete its task and place the
proposed text amendment on its August agenda, with a full scope package and submitted questions answered in
the interim.”…
We agree that this should go back to PC for a recommendation to City Council. At the suggestion of the PC
Chairman, a Special Called Meeting is being scheduled to allow for this additional review prior to the August 9,
2018 City Council meeting.
David McNaughton (7/19, 20 email):
1) Does ''new construction'' need to be defined? Page 2, 3B, second graph, starts out with new
construction and then refers to changes to existing buildings. First graph, 3B, also mixes new
construction and renovation. New construction is already defined in the existing Code of Ordinances
definitions section.
2) I don't think ''muntin'' needs to be defined in code. It has been removed.
3) Page 2,”form and placement'' …..confusing and unfamiliar wording. Why not note that main building
should be bigger and more visible that related parking garages, car ports or other parking
facilities. Language has been revised to be consistent with existing and proposed definitions relating to
accessory buildings and vehicular structures.
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4) Again, ''form and placement, paragraph ''b''...what does ''exterior visual expression of the height of
any single story above the first'' mean? See “Story” definition. Removed “Exterior Expression” to
eliminate confusion and provide clarity.
5) Page 3, ''exterior building walls'' section. Who will judge ''solid craftsmanship'' and how will it be
judged? Agree that this is subjective. Removed terminology from intent statement and replaced with
quality materials which are then specified in the proceeding standards.
6) 3, ''windows'' section. what does '' access to connect exterior and interior activities'' mean? Revised
to eliminate “access” and replaced with “visual connection” for greater clarity.
7) ''Porches'' lead‐in paragraph. ''hotel uses with the...'' ''with'' should be ''within.'' Yes, this has been
updated.
8) Same section, paragraph b. What does ''within the main roof structure'' mean? Eliminated standard
and will illustrate in Phase 2 user friendly publication.
9) Same section, paragraph d. Reads as if shutters would have to be decorative and not able to be
opened. Language does not imply operability of shutter. It could be an operable shutter or louvered
panel. The intent it that it allows light, is consistent with historic porch features, and is set behind the
columns and railings of the porch.
10) "Fences and walls'' section. Paragraph ''c''. It should be set back, not setback. Yes, this has been
updated.
11) "Outbuildings'' section. Should it be ''Outbuildings shall'' rather than "Outbuildings should"? Yes,
this has been updated and “Outbuildings” has been replaced with “Accessory buildings” to be
consistent with existing ordinance definitions.
12) Same section, grammar. Outbuildings plural in graphs ''a'' and ''b'' while ''it'' in both is singular. "It"
should be ''they''. Yes, this has been updated in two instances.
13) "New construction and redevelopment'' section, page 5.
Graph refers to things that ''may be required." Under what conditions or circumstances may they be
required? This is text that is in the existing ordinance. No changes are proposed.
14) Same section. "Dwelling'' is defined in Webster's as a residence, so ''or residential uses'' is not
needed. There are parts of residences that are not slept in, so it is better to be clear and keep this text
in. The section was revised to replace “dwelling” and “swimming pools” with “residential uses” as
currently defined in the existing ordinance definitions. The current definition includes dwelling and
swimming pools as well as related residential uses. Dwelling is a term within the existing definitions but
is only one type of residential use. It may imply a structure rather than a use.
15) Right of way section. Comma after ''involved'' should be removed. This is text that is in the existing
ordinance; no changes are proposed.
16) Operational equipment section. Graph ''e''. Should read ''shall incorporate'' rather than ''shall use.''
Yes, this has been updated.
17) Multiple cases of nouns that are not proper nouns being capitalized. Nouns were capitalized when
defined in the definitions section, this has been changed to match the convention of the Code.
18) Paragraph 2 at beginning of proposed text. Remove first use of ''boundary'' and the words ''outlined
and includes all the parcels set'' The boundary section has been removed as the boundary is already
defined in the existing Code.
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ADDITIONAL COMMENTS RECEIVED (AS OF 7/20/18) FOLLOWING THE 7/16 PLANNING COMMISSION MEETING
INCLUDE…
follow‐up comments from George, Community Dev’l Director (7/18 email):
(3)2b1(c)
“Building setback shall be the average setback for the buildings on the block front where the building will be
placed, unless the average historic building setback on the block front where the building will be placed is
greater”
1. Does this pertain to new construction only or to additions as well? Both
2. Who determines the average historic setback? How is it determined? The applicant would submit this
with their site plan and the zoning administrator or plan reviewer would verify. Further explanation will
be included in the illustrated supplement as part of Phase 2.
3. This is in conflict with the C‐1 setbacks in section 3‐090. Schedule of development regulations. An
amendment to Sec. 3‐090 should be made to note the differing setback rules for properties within the
overlay district. Where a conflict exists between the base zoning and the overlay, the overlay governs.
Text to clarify has been included in the amendment to the overlay.
I think the numbering may be incorrect because there is a (3) Design Standards and a (3) Uses Yes, this
has been corrected.
(3) Uses a.2
“In an effort to maintain, enhance, and strengthen the commercial character of the City’s original main
commercial and resort area, the following are prohibited at the ground floor of a site or building within 20 feet of
the right of way”
1. Shouldn’t this only pertain to buildings on the Principal Commercial Streets? Yes. This only applies to PCS
as indicated in the text preceding the standard.
2. It isn’t clear if (a) dwellings or residential uses and (b) swimming pools are not allowed within 20 feet of
the right of way or if the building housing them are not allowed within 20 feet of the right of way. All
residential uses, as defined in the existing ordinance would be prohibited whether within a building or
not. This has been clarified in the proposed amendment.
3. Would this only pertain to the right of way in front of a building or include rights of way on the side and
rear of a building if they existed? This would pertain to frontage along Principal Commercial Streets and
has been clarified in the proposed amendment.
There needs to be some process for refuting or asking for a variance from the decision of the Main St.
Design Committee and the HPC The HPC and MSDC do not make decisions but only recommendations to
the zoning administrator. Variances from the strict application of the standards would follow the existing
process for variances. Decisions of the zoning administrator may be appealed to the City Council in
accordance with existing processes. This has been clarified and cross‐referenced in the proposed
amendment.
From Jan Will (7/17 email):
“I think flow chart needs to have more details. Yes and no under each category and what happens then.”…
The flow chart has been updated to provide additional scenarios for each category. Additional information and
processes should be outlined in applications and policies in the Planning Department along with the illustrated
publication for Phase 2.
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Comments from Bud Matlock (7/25 email):
The comments below were received on 7/25 and will be considered by the South End Overlay Design Standards
Committee. With the exception of the Zoning Administrator change, the comments received require additional
Committee discussion before adoption.
Summary of Considerations
Proposed Text Amendment to the Tybee Island Code of Ordinances
(South End Business Overlay District)
This is response to a tasking by the Tybee Island Planning Commission to its members at the July 16, 2018
meeting. The tasking is to review the proposed ordinance for comment. The following are my concerns and
comments. The references are to the document provided by the Tybee Island Planning Department at the
referenced meeting.
(O).(3).a. 1st sentence – Restructured sentence for clarity.
2nd sentence – Remove all references to “Building Official and
replace with “Zoning Administrator” since “Building Official” is
not defined in the Land Development Code while “Zoning
Administrator” is. This comment has been addressed.
(O).(3).a.1.(a). See (O).(3).a.
(O).(3).a.1.(b). 2nd sentence – Added wording to keep the requirement on
difficulty or hardship.
2nd sentence – “property assessment is undefined in the
context of difficulty or hardship.
Last sentence – See (O). (3). a.
(O).(3).a.2(d). Changes made for clarity.
(O).(3).b. Changes made for clarity.
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Demery and PC Members: July 26, 2018
Below are my thoughts and comments for the special PC Meeting being held today, July 26,
2018 at 4 PM.
1. The email containing the updated version of the amendment to Sec. 4-050 Zoning
Districts (O) South End Business Overlay District was received on July 25, 2018 a 4 PM.
The window to review the changes was 24 hours. I’m confident we received this as soon
as the information was provided to Lisa.
2. Article 14 of the Land Development Code provides a specific procedure for establishing
a historic district. I’ve provided the section that discusses the purpose of Article 14.
Instead of following the guidance provided in Article 14, we essentially are designating a
historic district via Sec. 4-050 Zoning Districts. Many of the individual property owner
notifications and other requirements required in Article 14 have been eliminated. I
support Historic Preservation but not via the current amendment process.
ARTICLE 14. - HISTORIC PRESERVATION
Sec. 14-010. - Purpose.
In support and furtherance of its findings and determination that the historical and
cultural heritage of Tybee Island is among its most valued and important assets and that
the preservation of this heritage is essential to the promotion of the health, prosperity,
education, understanding and appreciation of historic properties, as well as the general
welfare of the people;
The purpose and intent of this article to establish a uniform procedure for use in
providing for the protection, enhancement, perpetuation and use of places, districts, sites,
buildings, structures, objects and landscape features having special historical, cultural
interest or value, in accordance with the provisions of this article.
3. There is verbiage used in the amendment such as “exceptional practical difficulty”,
“quality of materials are favored over complexity in building form”, and many other
examples that provide no clear guidance for property maintenance or purchase. Painting
is part of maintenance, do the colors of the proposed maintenance require approval?
4. References were made to standards according to “Secretary of the Interior’s Standards
and Guidelines for Rehabilitation by the U.S. Department of Interior”. If this standard is
required, it needs to be added to our governing code section. Has anyone on the PC read
this standard?
I am in favor of historic preservation but do not support the approach being taken through this
amendment. In Article 14 there is a requirement that each property owner be notified of the
pending historic designation and that each property be reviewed for historic designation within in
the district. Expediting significant ordinance changes will result in unintended consequences.
Sincerely,
Ron Bossick
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(O).(3).b.1. Not sure what the words are trying to say and not sure if this
type of wording belongs in an ordinance.
(O).(3).b.1.(a). See above.
(O).(3).b.1.(b). Not sure what this means.
(O).(3).b.3 Pedestrian experience is undefined.
(O).(3).b.3.(a).(4). This should be deleted. The city should not be telling the
property owner where to place windows and doors.
(O).(3).b.3.(b).(4). As Tybee has recently learned, this limitation is unreasonable.
It should a minimum of at least six months.
(O).(3).b.4.(d). Delete the requirement to not screen in the front porch.
Page 6, Para. 4.b. Does this also mean no merchandise displays on sidewalks?
Apologies, I had trouble keeping track of the numbering system.
C. Matlock
07/25/2018
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South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
PROPOSED TEXT AMENDMENT TO THE TYBEE ISLAND CODE OF ORDINANCES
New Proposed text within existing overlay district ordinance is underlined
Sec. 4‐050. – Zoning districts.
(O) South End Bbusiness overlay district
(1) Purpose. The purpose of this district is to promote the welfare and vitality of the city’s
original main commercial and resort area, preserve its historic character and identity for
future generations, and provide standards for compatible new development.
(2) Boundary. The South End Business Overlay District boundary is defined as the area outlined
and includes all of the parcels set within the boundary line on the South End Business
Overlay District Boundary Map.
(2) Conflicts with other zoning district standards. In any case where the standards and
requirements of the overlay district conflict with those of the base zoning district, the
standards and requirements of the overlay district shall govern.
(3) Design Standards. These standards apply to all buildings and appurtenances visible from the
public right‐of‐way.
a. Historic Buildings. The following standards apply to all buildings within the overlay
district that are 50 years of age or older and identified as listed, eligible, or may be
eligible for listing in the National Register of Historic Places within the 2016 City of
Tybee Island Historic Resources Survey, Phase 1. The Historic Preservation Commission
shall review building permit applications and provide recommendations to the Building
Official zoning administrator related to the subsection on historic buildings.
1. Demolition. Demolition of historic buildings undermines the character of Tybee
Island and shall only be permitted if the following conditions are met:
(a) The demolition is required to alleviate a threat to public health or public safety
as determined by the Building Official zoning administrator based on supporting
documentation from a licensed structural engineer; and/or
(b) The demolition is required to avoid exceptional practical difficulty or undue
hardship upon any owner of any specific property. If the difficulty or hardship
claimed is economic, the applicant shall submit sufficient evidence, including an
appraisal, property assessment, amount paid for the property, past income
activity, and attempts to sell the property to demonstrate that the application
of the standards and regulations of this section deprives the applicant of a
positive economic use or return on the subject property.
Plans for the replacement building, meeting the design standards for Nnew
Cconstruction below, must be submitted and approved by the Building Official
zoning administrator prior to issuance of a demolition permit.
2. Relocation. Relocation of historic buildings can impact the character of Tybee Island
and should only be considered as a last resort in order to preserve the building. It
shall only be permitted if all of the following conditions are met:
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South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
(a) The current location and surrounding context no longer contribute to the
overall character of the property (i.e. residential property now surrounded by
Nnew Cconstruction and commercial development).
(b) The relocation has no negative affect on the character of the surrounding
context or location (i.e. the relocation of a building to a new location on the
same parcel or an adjacent parcel).
(c) The relocation is on another site within the City of Tybee Island.
(d) Plans for the redevelopment of the lot shall meet the design standards for Nnew
Cconstruction when applicable, and must be submitted and approved by the
Building Official zoning administrator prior to issuance of a permit to relocate a
building.
3. Preservation. A historic building, or any appurtenance related thereto, including
walls, fences, outbuildingsaccessory buildings and operational equipment, visible
from a street or public right‐of‐way shall only be altered or maintained in a manner
that will preserve the historic character, features and materials of the building.
Proposed alterations, repairs, additions, and appurtenances shall be consistent with
the current edition of the Secretary of the Interior’s Standards and Guidelines for
Rehabilitation published by the U.S. Department of the Interior.
b. Non‐Historic Buildings and New Construction. The following design standards apply to
all buildings within the South End business overlay district that are less than 50 years of
age or are proposed for new construction. The Main Street Design Committee shall
review building permit applications and provide recommendations related to the
subsection on non‐historic buildings and new construction.
New construction shall be compatible with historic buildings in the district. Where a
material change in the exterior appearance of any existing building by addition,
reconstruction or alteration is proposed, such change shall be consistent with the intent
statement at the beginning of each section below.
1. Form and Placement. Building form and placement within a block front shall
provide visual interest and coherence in a manner that is consistent with area
historic buildings when present. In order to convey a sense of place, buildings
should be prominent in relation to vehicular structures and accessory buildings and
should be situated in a manner consistent with historic development patterns.
(a) Building height and vertical elements of buildings shall be in context with
historic buildings in the same or adjacent block fronts. Where historic context is
not present, the mass of a building shall be broken‐down both horizontally and
vertically to convey a sense of human scale and visual interest that reflects the
traditional size of buildings on Tybee Island.
(b) The height of the first story of buildings on Pprincipal Ccommercial Sstreets shall
not be less than that of neighboring buildings and the exterior visual expression
of the height of any single story above the first.
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South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
(c) Building setback shall be the average setback for the buildings on the block front
where the building will be placed, unless the average historic building setback
on the block front where the building will be placed is greater. In this instance,
the building setback shall be placed at the average historic setback.
(d) In new construction, the principal roof shall be pitched. Roof pitch shall be
between 4:12 and 8:12. Pitched roofs less than 4:12 are permitted on Tybrisa
Street and Butler Avenue provided they are screened by a parapet on the front
façade. Gable and hip roofs in excess of 8:12 pitch are permitted only where a
similar historic building roof pitch exists within the same block front.
(e) Mansard and pent roofs are prohibited.
(f) Block fronts on Pprincipal Ccommercial Sstreets shall not be interrupted for
automobile access, driveways, or drop‐off areas.
2. Exterior Building Walls. Exterior building walls should reflect and complement the
traditional materials and construction techniques of Tybee Island’s historic regional
architecture. Simple configuration and solid craftsmanship quality materials are
favored over complexity in building form.
(a) Exterior walls shall be faced with wood (clapboards, board and batten, or similar
configuration), fiber cement board siding, brick, stucco, or other materials
deemed visually compatible.
(b) Exterior walls shall not be faced with vinyl siding, metal sheathing, permastone,
z‐brick, or asphalt roll to simulate brick.
(c) Solid walls over one story in height shall incorporate openings (including but not
limited to windows and recessed porches).
(d) Fire walls shall be internal to the structure of a building whenever possible.
3. Windows. The correct use of windows provides a sense of rhythm in architectural
form and enhances the pedestrian experience. Commercial buildings with ground
first floor storefronts should provide a high level of transparency and access to
connect a visual connection of interior and exterior activities.
(a) Placement
(1) The first story of a commercial building shall be designed as a storefront on
Pprincipal Ccommercial Sstreets. Ground First floor retail storefront area
glazing shall not be less than 55 percent. Glazing shall be transparent.
(2) Residential facades shall incorporate windows and doors over at least 30
percent of the ground first floor façade.
(3) For each floor above the ground first floor, building walls shall incorporate
openings at a minimum of 25 percent of the wall face.
(4) The centerline of window and door openings shall align vertically on the
primary façade.
(b) Material
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South End Business Overlay District Design Standards | Planning Commission Second Draft | July 25, 2018
(1) Wood, clad wood, composite, and metal window frames shall be
permitted.
(2) Solid vinyl windows are prohibited.
(3) Simulated divided light windows are permitted provided no “snap‐in” or
between‐the‐glass muntins are used.
(4) The boarding of windows and window openings shall not be permitted,
with an exception before, during, and immediately after an emergency
situation or during construction. Emergency and temporary boarding shall
not exceed three months.
4. Porches. Porches are an important architectural feature of Tybee Island's building
stock. They provide a transition from public to private spaces and help to break up
the mass of larger buildings. Incorporation and retention of porches helps to retain
and enhance the ocean‐front character of the residential and hotel uses with within
the historic resort area, now part of the South End business Ooverlay Ddistrict.
(a) Porches are required on all entrances for new residential development and
hotel construction in accordance with the following:
(1) Single‐Family and Two‐Family. A front porch a minimum of six feet in depth
shall be required over a minimum of 50 percent of the building width.
(2) All Other Residential, Inn, and Hotel uses. A porch or balcony extending a
minimum of six feet in depth and six feet in width shall be required for each
unit facing a street.
(b) Porches and balconies may be within the main roof structure or under a separate
roof.
(b) Porches must have columns and railings that are separate distinguishable
features from the main exterior wall in material and configuration.
(c) Front porches shall not be enclosed in any manner. Side and rear porches may be
screened with fine wire mesh, lattice, or shutters provided the enclosure
screening material is set behind the porch columns and railings.
5. Fences and Walls. When used correctly, fences and walls aid in defining outdoor
spaces, separate the private and public realms, and add architectural interest to a
property. When used incorrectly, fences and walls can restrict light, obstruct views,
and impede pedestrian activity.
(a) The height of any fence or wall within the rear or side yards shall not exceed
eight (8) feet.
(b) Within the front yard set back setback, the height of any fence or wall shall not
exceed three (3) feet.
(c) Where buildings are set back from the street, landscaping is encouraged
between the building face and the street.
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(d) Fence and wall materials shall be compatible and consistent with the primary
structure to which they are associated.
(e) Barbed wire, razor wire, chain link, vinyl, and PVC fencing are prohibited.
6. Operational Equipment. Operational equipment visible from the street contributes
to visual clutter. With the screening and placement of equipment out of view, the
visual character of an area is enhanced.
(a) Electrical vaults, meter boxes, and communications devices shall be located on
secondary and rear facades and be minimally visible from view.
(b) HVAC units shall be screened from the public right‐of‐way.
(c) Refuse storage areas shall be located within a building or shall be screened from
the public right‐of‐way.
(d) Pools visible from the right‐of‐way shall be screened.
(e) Screening required under these standards shall use incorporate materials
consistent with the main building and prior sections on materials and fencing.
7. Outbuildings Accessory buildings. Accessory buildings should shall be located to the
rear of the lot and not dominate the principal building structure to which it is they
are associated.
(a) Outbuildings Accessory buildings shall be secondary in height, scale, and mass to
the principal building structure to which it is they are associated.
(b) Outbuildings Accessory buildings shall correspond in material and detail to the
principal building structure to which it is they are associated.
(c) Prefabricated metal buildings and trailers are prohibited.
(4) Uses. All commercial and multi‐family residential uses are permissible subject to site plan
approval, or special review and site plan approval, as is required by the particular zoning
classification of the property. In this district, the site plans established herein shall prevail
over any setbacks in any other part of this Code, specifically including section 3‐090
regardless of the use of the property. Mixed uses of the property are permissible. Site plan
approval and special review is required for new construction and redevelopment of
existing sites.
a. New construction and Redevelopment. and wWhen a project includes Nnew
Cconstruction and/or the redevelopment of a parcel, a development agreement with
the owner/developer and the city specifying the site plan, location of utilities,
improvements, setbacks, driveway locations and dimensions and lot coverage may be
required. Additionally, the following standards apply to Nnew Cconstruction and
redevelopment of properties fronting Pprincipal Ccommercial Sstreets.
1. First floors of buildings shall incorporate street facing active uses (including but not
limited to retail, office, lobby, restaurant, hotels, and inns) that span the length of
the façade on all facades fronting Pprincipal Ccommercial Sstreets and maintain
individual primary exterior entrances.
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2. In an effort to maintain, enhance, and strengthen the commercial character of the
City’s original main commercial and resort area, the following are residential
development is prohibited at the ground first floor of a site or building within 20
feet of the right‐of‐way of the principal commercial street(s).
(a) Dwellings or residential uses; and
(b) Swimming pools.
(5) Signs. Signage within the district shall be as specified herein to the extent of any
inconsistency with the sign ordinance. Permissible signage shall include sandwich boards
not to exceed three feet by five feet, which may be displayed during business hours on
sidewalks immediately adjacent to the business advertised on the sandwich board. No
advertising benches shall be permissible in the district. The existing advertising benches
located in the Fourteenth Street parking lot may remain until such time the city provides
public benches.
(6) Right‐of‐way.
a. Within the district, café style seating on sidewalks may be permissible provided that
sidewalks in the area involved, must be at least ten feet in width.
b. Notwithstanding any other provision of this Code, no outdoor selling of merchandise
on public or private sidewalks is permissible in the district except as may be allowed in
connection with authorized special events.
(7) Variances and Appeals.
a. Variances from the standards within this overlay district shall be submitted, reviewed,
and decided upon in accordance with Section 5‐090 Variances.
b. Any applicant for a building permit shall have the right to appeal to the mayor and
council should the zoning administrator refuse to approve the issuance of a permit in
accordance with Section 9‐030.
(8) Definitions. In addition to existing definitions in Section 1‐2, the following terms apply to
this overlay district.
Active use. An allowed use under the zoning ordinance for a property that is open to and
provides an ongoing activity or service for the general public (i.e. restaurant, retail, office,
gallery, etc.) and which maintains a primary exterior entrance. Uses intended primarily for
the buildings’ occupants, such as meeting rooms, internal offices, hallways, storage areas,
recreational facilities not open to the general public, etc., or are primarily accessed from the
interior, are not considered active uses.
Block. A block is a rectangular space bounded on three sides by a street and on the forth by
a street or lane and occupied by or intended for buildings.
Block front. A block front is the area between two intersecting streets along the same side of
the street on which the subject parcel is located.
Building form. The physical shape of a building resulting from its mass, height, and envelope.
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Commercial building. A building whose primary function is for business or retail use.
Compatibility. The positive relationship of alterations to existing buildings and designs for
new construction to their environs; compatibility is measured by consistent application of
accepted guidelines and standards defining the individual visual character of a specific area.
Façade. Any exterior face of a building.
Fronting. Facing.
Glazing. The clear or translucent material through which light passes into a building; most
often glass.
Historic building. Structures that are 50 years of age or older.
Non‐historic. A structure that is less than 50 years old and/or does not possess any known
historical or architectural significance.
Primary façade. The façade on which the primary entrance is located. For buildings on
corner lots, the building may have two primary facades.
Principal commercial streets. The portions of Tybrisa Street, Butler Avenue, and Strand
Avenue which are the present and historically commercial corridors within the South End
business overlay district.
Principal roof. The roof of the principal building on a parcel.
Storefront. The ground floor area of a retail building featuring large glass windows and an
entrance.
Story. That portion of a building, other than the basement, included between the surface of
any floor and the surface of the next floor above it, or if there is no floor above it, then the
space between the floor and the ceiling above the floor of such story.
Vehicular structure. Any covered structure that protects or houses a vehicle.
Zoning administrator. The designated City staff person who administers the building code
and reviews building permit applications.
Policies and procedures applicable in this district are on file in the offices of the planning and
economic development director and are incorporated herein.
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PROPOSED TEXT AMENDMENT TO THE TYBEE ISLAND CODE OF ORDINANCES
Proposed text within existing overlay district ordinance is underlined
Sec. 4‐050. – Zoning districts.
(O) South End business overlay district
(1) Purpose. The purpose of this district is to promote the welfare and vitality of the city’s
original main commercial and resort area, preserve its historic character and identity for
future generations, and provide standards for compatible new development.
(2) Conflicts with other zoning district standards. In any case where the standards and
requirements of the overlay district conflict with those of the base zoning district, the
standards and requirements of the overlay district shall govern.
(3) Design Standards. These standards apply to all buildings and appurtenances visible from the
public right‐of‐way.
a. Historic Buildings. The following standards apply to all buildings within the overlay
district that are 50 years of age or older and identified as listed, eligible, or may be
eligible for listing in the National Register of Historic Places within the 2016 City of
Tybee Island Historic Resources Survey, Phase 1. The Historic Preservation Commission
shall review building permit applications and provide recommendations to the zoning
administrator related to the subsection on historic buildings.
1. Demolition. Demolition of historic buildings undermines the character of Tybee
Island and shall only be permitted if the following conditions are met:
(a) The demolition is required to alleviate a threat to public health or public safety
as determined by the zoning administrator based on supporting documentation
from a licensed structural engineer; and/or
(b) The demolition is required to avoid exceptional practical difficulty or undue
hardship upon any owner of any specific property. If the difficulty or hardship
claimed is economic, the applicant shall submit sufficient evidence, including an
appraisal, property assessment, amount paid for the property, past income
activity, and attempts to sell the property to demonstrate that the application
of the standards and regulations of this section deprives the applicant of a
positive economic use or return on the subject property.
Plans for the replacement building, meeting the design standards for new
construction below, must be submitted and approved by the zoning
administrator prior to issuance of a demolition permit.
2. Relocation. Relocation of historic buildings can impact the character of Tybee Island
and should only be considered as a last resort in order to preserve the building. It
shall only be permitted if all of the following conditions are met:
(a) The current location and surrounding context no longer contribute to the
overall character of the property (i.e. residential property now surrounded by
new construction and commercial development).
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(b) The relocation has no negative affect on the character of the surrounding
context or location (i.e. the relocation of a building to a new location on the
same parcel or an adjacent parcel).
(c) The relocation is on another site within the City of Tybee Island.
(d) Plans for the redevelopment of the lot shall meet the design standards for new
construction when applicable, and must be submitted and approved by the
zoning administrator prior to issuance of a permit to relocate a building.
3. Preservation. A historic building, or any appurtenance related thereto, including
walls, fences, accessory buildings and operational equipment, visible from a street
or public right‐of‐way shall only be altered or maintained in a manner that will
preserve the historic character, features and materials of the building. Proposed
alterations, repairs, additions, and appurtenances shall be consistent with the
current edition of the Secretary of the Interior’s Standards and Guidelines for
Rehabilitation published by the U.S. Department of the Interior.
b. Non‐Historic Buildings and New Construction. The following design standards apply to
all buildings within the South End business overlay district that are less than 50 years of
age or are proposed for new construction. The Main Street Design Committee shall
review building permit applications and provide recommendations related to the
subsection on non‐historic buildings and new construction.
New construction shall be compatible with historic buildings in the district. Where a
material change in the exterior appearance of any existing building by addition,
reconstruction or alteration is proposed, such change shall be consistent with the intent
statement at the beginning of each section below.
1. Form and Placement. Building form and placement within a block front shall
provide visual interest and coherence in a manner that is consistent with area
historic buildings when present. In order to convey a sense of place, buildings
should be prominent in relation to vehicular structures and accessory buildings and
should be situated in a manner consistent with historic development patterns.
(a) Building height and vertical elements of buildings shall be in context with
historic buildings in the same or adjacent block fronts. Where historic context is
not present, the mass of a building shall be broken‐down both horizontally and
vertically to convey a sense of human scale and visual interest that reflects the
traditional size of buildings on Tybee Island.
(b) The height of the first story of buildings on principal commercial streets shall
not be less than that of neighboring buildings and the height of any single story
above the first.
(c) Building setback shall be the average setback for the buildings on the block front
where the building will be placed, unless the average historic building setback
on the block front where the building will be placed is greater. In this instance,
the building setback shall be placed at the average historic setback.
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(d) In new construction, the principal roof shall be pitched. Roof pitch shall be
between 4:12 and 8:12. Pitched roofs less than 4:12 are permitted on Tybrisa
Street and Butler Avenue provided they are screened by a parapet on the front
façade. Gable and hip roofs in excess of 8:12 pitch are permitted only where a
similar historic building roof pitch exists within the same block front.
(e) Mansard and pent roofs are prohibited.
(f) Block fronts on principal commercial streets shall not be interrupted for
automobile access, driveways, or drop‐off areas.
2. Exterior Building Walls. Exterior building walls should reflect and complement the
traditional materials and construction techniques of Tybee Island’s historic regional
architecture. Simple configuration and quality materials are favored over complexity
in building form.
(a) Exterior walls shall be faced with wood (clapboards, board and batten, or similar
configuration), fiber cement board siding, brick, stucco, or other materials
deemed visually compatible.
(b) Exterior walls shall not be faced with vinyl siding, metal sheathing, permastone,
z‐brick, or asphalt roll to simulate brick.
(c) Solid walls over one story in height shall incorporate openings (including but not
limited to windows and recessed porches).
(d) Fire walls shall be internal to the structure of a building whenever possible.
3. Windows. The correct use of windows provides a sense of rhythm in architectural
form and enhances the pedestrian experience. Commercial buildings with first floor
storefronts should provide a high level of transparency and a visual connection of
interior and exterior activities.
(a) Placement
(1) The first story of a commercial building shall be designed as a storefront on
principal commercial streets. First floor retail storefront area glazing shall
not be less than 55 percent. Glazing shall be transparent.
(2) Residential facades shall incorporate windows and doors over at least 30
percent of the first floor façade.
(3) For each floor above the first floor, building walls shall incorporate
openings at a minimum of 25 percent of the wall face.
(4) The centerline of window and door openings shall align vertically on the
primary façade.
(b) Material
(1) Wood, clad wood, composite, and metal window frames shall be
permitted.
(2) Solid vinyl windows are prohibited.
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(3) Simulated divided light windows are permitted provided no “snap‐in” or
between‐the‐glass muntins are used.
(4) The boarding of windows and window openings shall not be permitted,
with an exception before, during, and immediately after an emergency
situation or during construction. Emergency and temporary boarding shall
not exceed three months.
4. Porches. Porches are an important architectural feature of Tybee Island's building
stock. They provide a transition from public to private spaces and help to break up
the mass of larger buildings. Incorporation and retention of porches helps to retain
and enhance the ocean‐front character of the residential and hotel uses within the
historic resort area, now part of the South End business overlay district.
(a) Porches are required on all entrances for new residential development and
hotel construction in accordance with the following:
(1) Single‐Family and Two‐Family. A front porch a minimum of six feet in depth
shall be required over a minimum of 50 percent of the building width.
(2) All Other Residential, Inn, and Hotel uses. A porch or balcony extending a
minimum of six feet in depth and six feet in width shall be required for each
unit facing a street.
(b) Porches must have columns and railings that are separate distinguishable
features from the main exterior wall in material and configuration.
(c) Front porches shall not be enclosed in any manner. Side and rear porches may be
screened with fine wire mesh, lattice, or shutters provided the screening material
is set behind the porch columns and railings.
5. Fences and Walls. When used correctly, fences and walls aid in defining outdoor
spaces, separate the private and public realms, and add architectural interest to a
property. When used incorrectly, fences and walls can restrict light, obstruct views,
and impede pedestrian activity.
(a) The height of any fence or wall within the rear or side yards shall not exceed
eight (8) feet.
(b) Within the front yard setback, the height of any fence or wall shall not exceed
three (3) feet.
(c) Where buildings are set back from the street, landscaping is encouraged
between the building face and the street.
(d) Fence and wall materials shall be compatible and consistent with the primary
structure to which they are associated.
(e) Barbed wire, razor wire, chain link, vinyl, and PVC fencing are prohibited.
6. Operational Equipment. Operational equipment visible from the street contributes
to visual clutter. With the screening and placement of equipment out of view, the
visual character of an area is enhanced.
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(a) Electrical vaults, meter boxes, and communications devices shall be located on
secondary and rear facades and be minimally visible from view.
(b) HVAC units shall be screened from the public right‐of‐way.
(c) Refuse storage areas shall be located within a building or shall be screened from
the public right‐of‐way.
(d) Pools visible from the right‐of‐way shall be screened.
(e) Screening required under these standards shall incorporate materials consistent
with the main building and prior sections on materials and fencing.
7. Accessory buildings. Accessory buildings shall be located to the rear of the lot and
not dominate the principal structure to which they are associated.
(a) Accessory buildings shall be secondary in height, scale, and mass to the principal
structure to which they are associated.
(b) Accessory buildings shall correspond in material and detail to the principal
structure to which they are associated.
(c) Prefabricated metal buildings and trailers are prohibited.
(4) Uses. All commercial and multi‐family residential uses are permissible subject to site plan
approval, or special review and site plan approval, as is required by the particular zoning
classification of the property. In this district, the site plans established herein shall prevail
over any setbacks in any other part of this Code, specifically including section 3‐090
regardless of the use of the property. Mixed uses of the property are permissible. Site plan
approval and special review is required for new construction and redevelopment of
existing sites.
a. New construction and Redevelopment. and wWhen a project includes new
construction and/or the redevelopment of a parcel, a development agreement with
the owner/developer and the city specifying the site plan, location of utilities,
improvements, setbacks, driveway locations and dimensions and lot coverage may be
required. Additionally, the following standards apply to new construction and
redevelopment of properties fronting principal commercial streets.
1. First floors of buildings shall incorporate street facing active uses (including but not
limited to retail, office, lobby, restaurant, hotels, and inns) that span the length of
the façade on all facades fronting principal commercial streets and maintain
individual primary exterior entrances.
2. In an effort to maintain, enhance, and strengthen the commercial character of the
City’s original main commercial and resort area, residential development is
prohibited at the first floor of a site or building within 20 feet of the right‐of‐way of
the principal commercial street(s).
(5) Signs. Signage within the district shall be as specified herein to the extent of any
inconsistency with the sign ordinance. Permissible signage shall include sandwich boards
not to exceed three feet by five feet, which may be displayed during business hours on
sidewalks immediately adjacent to the business advertised on the sandwich board. No
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advertising benches shall be permissible in the district. The existing advertising benches
located in the Fourteenth Street parking lot may remain until such time the city provides
public benches.
(6) Right‐of‐way.
a. Within the district, café style seating on sidewalks may be permissible provided that
sidewalks in the area involved, must be at least ten feet in width.
b. Notwithstanding any other provision of this Code, no outdoor selling of merchandise
on public or private sidewalks is permissible in the district except as may be allowed in
connection with authorized special events.
(7) Variances and Appeals.
a. Variances from the standards within this overlay district shall be submitted, reviewed,
and decided upon in accordance with Section 5‐090 Variances.
b. Any applicant for a building permit shall have the right to appeal to the mayor and
council should the zoning administrator refuse to approve the issuance of a permit in
accordance with Section 9‐030.
(8) Definitions. In addition to existing definitions in Section 1‐2, the following terms apply to
this overlay district.
Active use. An allowed use under the zoning ordinance for a property that is open to and
provides an ongoing activity or service for the general public (i.e. restaurant, retail, office,
gallery, etc.) and which maintains a primary exterior entrance. Uses intended primarily for
the buildings’ occupants, such as meeting rooms, internal offices, hallways, storage areas,
recreational facilities not open to the general public, etc., or are primarily accessed from the
interior, are not considered active uses.
Block. A block is a rectangular space bounded on three sides by a street and on the forth by
a street or lane and occupied by or intended for buildings.
Block front. A block front is the area between two intersecting streets along the same side of
the street on which the subject parcel is located.
Building form. The physical shape of a building resulting from its mass, height, and envelope.
Commercial building. A building whose primary function is for business or retail use.
Compatibility. The positive relationship of alterations to existing buildings and designs for
new construction to their environs; compatibility is measured by consistent application of
accepted guidelines and standards defining the individual visual character of a specific area.
Façade. Any exterior face of a building.
Fronting. Facing.
Glazing. The clear or translucent material through which light passes into a building; most
often glass.
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Historic building. Structures that are 50 years of age or older.
Non‐historic. A structure that is less than 50 years old and/or does not possess any known
historical or architectural significance.
Primary façade. The façade on which the primary entrance is located. For buildings on
corner lots, the building may have two primary facades.
Principal commercial streets. The portions of Tybrisa Street, Butler Avenue, and Strand
Avenue which are the present and historically business corridors within the South End
business overlay district.
Principal roof. The roof of the principal building on a parcel.
Storefront. The ground floor area of a retail building featuring large glass windows and an
entrance.
Story. That portion of a building, other than the basement, included between the surface of
any floor and the surface of the next floor above it, or if there is no floor above it, then the
space between the floor and the ceiling above the floor of such story.
Vehicular structure. Any covered structure that protects or houses a vehicle.
Zoning administrator. The designated City staff person who administers the building code
and reviews building permit applications.
Policies and procedures applicable in this district are on file in the offices of the planning and
economic development director and are incorporated herein.
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Tybee Island
South End Overlay District
Draft Design Standards
City Council
August 9, 2018
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Project Partners
•Rebecca Fenwick, Lominack Kolman Smith Architects
•Sarah Ward, Ward Architecture + Preservation
•City of Tybee Island
•Historic Preservation Division of the Georgia Department of Natural Resources
•Historic Preservation Grant Fund of the National Park Service
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Evolution
•Moratorium on Demolition & Resolution for
Exploration of Design Guidelines for South End
•Committee Formation
•Research & Design Standards Development
•Public Input
•Draft Design Standards
•Tybee Island Planning Commission
•Tybee Island City Council
•Phase Two –Grant Funded Illustrated Guidelines
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Phase Two
Design Standards & Guidelines Publication
•Illustrations
•Explanations
•Examples
•Diagrams
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City Council Packet
•Text Amendment to South End Overlay District zoning
•Proposed text is underlined
•Includes definitions section
•Planning Commission Comments and Responses
•Flow Chart
•Boundary Map
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Purpose
To promote the welfare and vitality of the City’s original main
commercial and resort area, preserve its historic character and identity
for future generations, and provide standards for compatible
development.
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Historic Preservation
Standards
•Demolition
•Relocation
•Preservation
•Secretary’s Standards for Historic
Rehabilitation
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New Construction
•Form and Placement
•Exterior Building Walls
•Windows
•Porches
•Fences and Walls
•Operational Equipment
•Outbuildings
•Street Level Building Use on Principal Commercial Streets
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Individual Submits
Permit Application
Planning and Zoning
Historic Preservation
Commission (HPC) Review for
changes to structures 50 years
of age and older for
compliance with design
standards
HPC
Main Street Design
Committee (MSDC) Review
for changes to structures less
than 50 years of age and new
construction for compliance
with design standards
Planning Commission (PC)
Review for site plans,
variances, land code
compliance, etc.
MSDC
Flow Chart for Permits in Consideration of Exterior Changes in the South End Overlay District
*Note: Applicants have the right to appeal denials before mayor and council
Planning and Zoning
Permit Approved by
Zoning Administrator
PC
Denial Approval Denial Approval
Denial Approval
Planning Commission (PC)
Review for site plans,
variances, land code compliance, etc.
PC
Approval Denial
Prescriptive But
Not Restrictive
PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Meeting
MINUTES
July 16, 2018
Chair Bishop called the July 16, 2018 Tybee Island Planning Commission meeting to order. Commissioners present
were Charles Matlock, Marianne Bramble, Alan Robertson, Tina Gann and David McNaughton. Vice Chair
Bossick was not present.
Consideration of Minutes: Chair Bishop asked for consideration of the June 18, 2018 meeting minutes. Alan
Robertson made a motion to approve. Tina Gann seconded. The vote to approve was unanimous.
Disclosures/Recusals: Chair Bishop asked if there were any disclosures or recusals. There were none.
Old Business: Chair Bishop asked if there was any old business. There was none.
New Business:
Zoning Variance: Sec.3-090.1(D)(2), Sec.3-190(B) and Sec.3-190(E). For the placement of a
swimming pool and decks along south side of residence partially within the marsh buffer.-21 Teresa
Ln. -4-0022-01-372 – Barry Weiner.
Mr. Shaw approached the Planning Commission and stated that the petitioner is requesting the addition of
a pool and pool decking to encroach the marsh buffer. The pool itself would be on an existing impervious
driveway and the decking would encroach further into the marsh within a few feet, which is supported by
a bulkhead. The decking is to be pervious; it most likely would kill any vegetation underneath and take
away the filtration benefit of the buffer, which is why it is there. There is also the fact that the pool’s
chlorination might affect the marsh and there is another issue with our ordinance stating no pools in the
front yard. Staff recommends denial of this addition. Chair Bishop asked if the deck would extend further
than the existing bulkhead. Mr. Shaw stated it would stop just shy of the bulkhead but further than the
existing driveway. John Deering approached the Planning Commission and stated he is with Greenline
Architecture and is representing the petitioner. He stated that this house was built in two parts; the eastern
part was around 1989 or 1990. The addition was built around 1994 or 1995. He also stated the original
house does encroach within the marsh buffer and the concrete driveway has been disturbed by hurricanes
and construction. The proposal is to put the pool within the already paved driveway area and then create
the wood deck further into the marsh buffer. The other option would be to eliminate the deck and just add
the pool in the already encroached area. David McNaughton asked which side is the front of the house.
Mr. Deering stated the Wieners were told the riverside is the front but he is not sure and this area is about
the only place to put a pool. Dottie Klutz approached the Planning Commission and stated she lives on
Officers Row. She stated that Tybee needs to pay more attention to the amount of marsh buffer approvals
to keep the island safer. Tina Gann made a motion to deny. Marianne Bramble seconded. Vote to deny
was unanimous. 5-0
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Site Plan Approval with Variance: Tear down existing structure on property and rebuild new
structure. Three foot front variance -19 Silver Ave. – 4-0008-06-015 – Walter Freeman.
Mr. Shaw approached the Planning Commission and stated the property is a stand-alone parcel with a
couple of small outbuildings. At some point, this parcel was part of the Atlantis Inn across the street and
at some time, it was separated. The petitioner would like to use this location as a private pool for guests of
his vacation rental business. This would not be a public pool. The variance is to have buildings within the
setback. Staff recommends denial. Tina Gann asked if there are parking requirements for this property.
Mr. Shaw stated that since the use is not changing there would not be any additional parking. Alan
Robertson stated he only has a hand drawing not an actual site survey, so he is not sure what the
petitioner is asking for. Mr. Shaw stated the applicant could not get a survey done in time for this
meeting. Mr. Freeman approached the Planning Commission and stated he lives at 129 Lewis Avenue,
and he is the owner of 19 Silver Ave. He stated that the pool would be redone to be up to code and dress it
up as much as possible to fix the drainage. He would also like to build a structure that is the size of what is
there now for restrooms and an office. He also stated he could not get a surveyor to have something ready
for about three to six weeks. Tina Gann asked if they would have to get an additional business license to
operate this site and how will it be regulated for people. Mr. Shaw stated the number part would be up to
the Fire Marshall and the business entity would have to have a business license. David McNaughton
made a motion to continue until required documents for site plan are included. Alan Robertson seconded.
Vote was unanimous to continue, 5-0.
Text Amendment to Land Development code: Sec. 4-050 Zoning Districts (O) South End Business
Overlay District.
Mr. Shaw approached the Planning Commission and stated approximately four or five months ago, City Council
passed a resolution to put a moratorium on demolition of historic structures within the South End Overlay District.
During that, time staff with an ad hoc comity, with the assistance of a consultant, was tasked to come up with some
design guidelines to help preserve structures and improve future additions to existing. Staff approves. Rebecca
Fenwick approached the Commission and stated she is a historic preservationist with Lominack, Kolman, Smith
Architects in Savannah. Ms. Fenwick stated they gathered information from the community as well as the public
and came up with the draft presented. She explained how this would promote the welfare and vitality of the city
original main commercial area. Alan Robertson stated this proposed ordinance needs more work to conform with
the Land Development Code. Ms. Fenwick stated that the two advisory groups are comfortable with this as well as
Mr. Shaw. Charles Matlock stated he thinks this ordinance is very restrictive and does not need to be. David
McNaughton stated there are sections that are not clear and need to be fixed before it goes to City Council. Mr.
Shaw stated that there is an issue with the variance guideline and the setbacks that needs to be explained better and
continuing this would be a good idea. That way we can get feedback from planning commissioners and make the
necessary changes. Dottie Klutz approached the Planning Commission and stated that this is a wonderful ordinance
and she hopes that the Planning Commission does not deny. Jan Will approached the Planning Commission and
stated she is a resident of Tybee and she owns two historic homes. She stated that Tybee is unique and she would
like to help keep it that way through this ordinance. Jay Altman approached the Planning Commission and stated he
lives at 167 Lewis Avenue. He stated that he has been restoring historic homes for a long time and is very impressed
with Tybee’s look and would like to keep that look through this guideline. Alan Robertson made a motion to
continue action on the proposed text amendment to the Tybee Island code of ordinances until represented by zoning
and planning indicative that the same is conforming to the Land Development Code with respect to all applicable
previsions. Charles Matlock seconded. Voting in favor were Alan Robertson, Charles Matlock and David
McNaughton. Voting against were Tina Gann and Marianne Bramble. Motion to continue carried, 3-2.
Standing Agenda Item: Chair Bishop asked if there were any standing agenda items. Commissioner Robertson
stated there was none for this meeting.
Commissioner Gann made a motion to Adjourn. Commissioner Matlock seconded. The vote was unanimous.
Meeting adjourned 9:00pm.
Lisa L. Schaaf
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PLANNING COMMISSION CITY MANAGER
Demery Bishop Shawn Gillen
Ron Bossick
Marianne Bramble COMMUNITY DEVELOPMENT DIRECTOR
Tina Gann George Shaw
Charles Matlock
David McNaughton CITY ATTORNEY
Alan Robertson Edward M. Hughes
Planning Commission Special Meeting
MINUTES
July 26, 2018
Chair Bishop called the July 26, 2018 Tybee Island Planning Commission meeting to order. Commissioners present
were Charles Matlock, Marianne Bramble and David McNaughton.
Old Business:
Text Amendment to Land Development code: Sec. 4-050 Zoning Districts (O) South End Business
Overlay District.
Chair Bishop started the planning commission meeting and stated this petition was on the July 16 Planning
Commission agenda and was voted to be continued for answers to questions raised at that meeting. Since then
questions have been answered and they are in front of the Commission tonight to look over. David McNaughton
asked why City Council wants to get to this by August 9. Is there a deadline involved? Chair Bishop stated there is
a moratorium that terminates in September and the consulting firm that is involved has a period on which they are
under contract and will expire soon. Chair Bishop read Commissioner Ron Bossick’s comments aloud. Sarah
Ward approached the Planning Commission and stated she is the principle for Ward Architecture and Preservation.
Sarah Ward stated they are excited to help Tybee Island with this text amendment. Rebecca Fenwick approached
the Planning Commission and stated changes were made to the text amendment based on the comments from the
July 16 meeting, and this is what is before them. She also stated they decided to add the definitions into the text as
opposed to going into the general definitions list as part of the code. She stated if there are conflicts with variances
and setbacks the stricter standard will govern. She also stated there would be a phase after this that will be an
illustrated guide with sketches and examples. Sarah Ward stated there could also be some workshops with the
public to help make this more user friendly. Vickie Hammons approached the Planning Commission and stated she
is the vice Chair of the Tybee Island Main street and Development authority. She stated that this is very crucial to
this area and hopes it will be approved.
David McNaughton made a motion to approve. Marianne Bramble seconded. Voting in favor were David
McNaughton and Marianne Bramble. Voting against was Charles Matlock. Motion to approve carried, 2-1.
Marianne Bramble made a motion to Adjourn. Charles Matlock seconded. The vote was unanimous.
Meeting adjourned 5:30pm.
Lisa L. Schaaf
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A RESOLUTION AUTHORIZING A 9-1-1 CHARGE ON PREPAID WIRELESS
TELEPHONE SERVICE WITHIN the City of _____, GEORGIA
WHEREAS, Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of
Georgia Annotated, authorizes counties and cities that operate a 9-1-1 public safety
answering point to impose a 9-1-1 charge on prepaid wireless service at the retail point
of sale; and
WHEREAS, pursuant to Code Section 46-5-134.2 of the Official Code of Georgia
Annotated, such charges shall be imposed at the rate of $1.50 per retail transaction; and
WHEREAS, revenues received by a county or municipality from such charges
must be deposited in the emergency telephone system fund maintained by the county or
municipality; and
WHEREAS, imposition of the charge on prepaid wireless service is contingent
upon the enactment of an ordinance or resolution of the county or municipality; and
WHEREAS, the City of ______ operates a 9-1-1 public safety answering point;
and
WHEREAS, the City Council does now deem it in the best interest of the citizens
of the City of _______ to impose such a charge; then
IT IS HEREBY RESOLVED as follows:
Section 1. 9-1-1 Charge on Prepaid Wireless Transactions
In accordance with O.C.G.A. § 46-5-134.2, there is hereby imposed a prepaid wireless 9-
1-1 charge as defined by O.C.G.A. § 46-5-134.2(a)(4) upon every prepaid wireless retail
transaction occurring within the jurisdiction of the public service answering point in the
amount of $1.50.
Section 2. Collection of 9-1-1 Charge on Prepaid Wireless Transactions
Prepaid wireless 9-1-1 charges collected by retailers shall be remitted to the Georgia
Department of Revenue, as the contracted collection partner of the Georgia Emergency
Communications Authority, at the times and in the manner provided by O.C.G.A. 46-5-
134.2 and any other Georgia Department of Revenue or Georgia Emergency
Communications Authority regulation or policy.
Section 3. Administrative Provisions
The Clerk of the City is hereby directed to file with the State Revenue Commissioner a
certified copy of this ordinance and amendments thereto, in accordance with O.C.G.A. §
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46-5-134.2(j)(1), within ten (10) days of enactment of this ordinance or future
amendment.
Section 4. Depositing of Funds; Use of Funds
In accordance with O.C.G.A. § 46-5-134.2(j)(4), funds received by this city from charges
imposed by this ordinance shall be deposited in the Emergency Telephone System Fund
maintained by the city pursuant to O.C.G.A. § 46-5-134 and kept separate from general
revenue of the jurisdiction; all such funds shall be used exclusively for the purposes
authorized by O.C.G.A. § 46-5-134(f).
Section 5. Repealer
All ordinances and parts of ordinances in conflict with this resolution are hereby
repealed as of January 1, 2019.
Section 6. Effective Date
Any previous prepaid wireless telephone 9-1-1 charge ordinance will remain in effect
until January 1, 2019. On such date, the prepaid wireless telephone 9-1-1 charge shall
become $1.50 per O.C.G.A. § 46-5-134 and this resolution.
SO RESOLVED in open session lawfully assembled, this the ____ day of _______,
2018.
_______ City Council:
Attest:
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A RESOLUTION AUTHORIZING A 9-1-1 CHARGE ON POSTPAID WIRELINE,
WIRELESS, AND VOICE OVER INTERNET PROTOCOL (“V.O.I.P.”) TELEPHONE
SERVICE WITHIN the City of_____, GEORGIA
WHEREAS, Part 4 of Article 2 of Chapter 5 of Title 46 of the Official Code of
Georgia Annotated, authorizes counties and cities that operate a 9-1-1 public safety
answering point to impose a 9-1-1 charge on the postpaid wireline, wireless and V.O.I.P.
telephone bill; and
WHEREAS, pursuant to Code Section 46-5-134 of the Official Code of Georgia
Annotated, such charges shall be imposed at the rate of $1.50 per month; and
WHEREAS, revenues received by a county or municipality from such charges
must be deposited in the emergency telephone system fund maintained by the county or
municipality; and
WHEREAS, imposition of the monthly charge is contingent upon the enactment
of an ordinance or resolution of the county or municipality; and
WHEREAS, the City of ______ operates a 9-1-1 public safety answering point;
and
WHEREAS, the City Council does now deem it in the best interest of the citizens
of the City of _______ to impose such a charge; then
IT IS HEREBY RESOLVED as follows:
Section 1. 9-1-1 Charge on Monthly Service
In accordance with O.C.G.A. § 46-5-133, there is hereby imposed a postpaid wireline,
wireless and V.O.I.P. telephone 9-1-1 charge as defined by O.C.G.A. § 46-5-122 upon
every postpaid monthly telephone service bill occurring within the jurisdiction of the
public service answering point in the amount of $1.50.
Section 2. Collection of 9-1-1 Charge on Monthly Service
9-1-1 charges collected by service suppliers shall be remitted to the Georgia Department
of Revenue, as the contracted collection partner of the Georgia Emergency
Communications Authority, at the times and in the manner provided by O.C.G.A. §38-3-
185, O.C.G.A. §38-3-186, and any other Georgia Department of Revenue or Georgia
Emergency Communications Authority regulation or policy .
Section 3. Administrative Provisions
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The Clerk of the City is hereby directed to file with the State Revenue Commissioner a
certified copy of this ordinance and amendments thereto within ten (10) days of
enactment of this ordinance or future amendment.
Section 4. Depositing of Funds; Use of Funds
In accordance with O.C.G.A. § 46-5-134, funds received by this city from charges
imposed by this ordinance shall be deposited in the Emergency Telephone System Fund
maintained by the city pursuant to O.C.G.A. § 46-5-134 and kept separate from general
revenue of the jurisdiction; all such funds shall be used exclusively for the purposes
authorized by O.C.G.A. § 46-5-134(f).
Section 5. Repealer
All ordinances and parts of ordinances in conflict with this resolution are hereby
repealed as of January 1, 2019.
Section 6. Effective Date
Any previous postpaid wireline, wireless and V.O.I.P telephone service ordinance(s) will
remain in effect until January 1, 2019. On such date, the wireline, wireless, and V.O.I.P.
telephone service 9-1-1 charge shall become $1.50 per O.C.G.A. § 46-5-134 and this
resolution.
SO RESOLVED in open session lawfully assembled, this the ____ day of _______,
2018.
_______ City Council:
Attest:
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MAYOR
Jason Buelterman
CITY COUNCIL
Barry Brown Mayor pro tem
John Branigin
Jackson Butler
Wanda Doyle
Julie Livingston
Monty Parks
CITY OF TYBEE ISLAND
CITY MANAGER
Shawn Gillen
CITY CLERK
Janet LeViner
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
June 19, 2018
Christopher M. Carr, Attorney General
Office of the Attorney General
40 Capitol Square, SW
Atlanta, GA 30334
Dear Attorney General Carr,
I am writing in reference to efforts being made by the Georgia Environmental Finance Authority’s (GEFA)
to resolve an issue with Layne Christensen Company. This issue has significant impacts on the future of
Tybee Island.
Several years ago, GEFA contracted with Layne as well as firms to engineer and design in an effort to
construct a functioning deep well to extract water from the Cretaceous aquifer on Tybee Island. At
present, Tybee has only one source of potable water. This source, the Floridan aquifer, is regulated by
the Georgia Environmental Protection Division (EPD) of the Department of Natural Resources. The EPD
limits the amount of water that Tybee and other users are allowed to withdraw from the Floridan aquifer
so that the aquifer does not experience saltwater intrusion.
Without another source of water, Tybee faces two looming crises. First, we will soon exceed our
withdrawal permit. Secondly, when the Floridan aquifer under Tybee experiences saltwater intrusion, we
will have no source of potable water.
The deep well to the Cretaceous aquifer was identified by the Governor’s office as the most viable option
for a secondary water source for Tybee. This solution has worked well in other places.
I am writing for two reasons. First, I am urging your office to move forward as expeditiously as possible
to conclude this matter with Layne. Second, please take into consideration Tybee’s need for another
deep well. While a financial reward that reimburses the State may satisfy the State’s financial concerns,
it does not resolve Tybee’s water availability issue.
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P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
June 19, 2018
Page 2
Thank you for your time and attention to this matter. Please do not hesitate to contact me should you
need any additional information.
Sincerely,
Jason Buelterman, Mayor
City of Tybee Island, GA
CC:
Kevin Clark, GEFA
The Hon. Jesse Petrea
The Hon. Ben Watson
The Hon. Nathan Deal
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