HomeMy Public PortalAbout19990118SCMeeting1
1
1
Day 1999 -01 -18 Special City Council Minutes
Mayor Walter Parker called the January 18, 1999 special called meeting to order at
7:00 P.M. The following members of Council were present: Ed Merves, Jack Youmans,
Anne Monaghan, Donald Anderson, Jr., Michael A. Hosti, and Mallory Pearce. City
Attorney Edward Hughes and City Manager Bill Farmer were also present. Anne
Monaghan gave the invocation. The Pledge of Allegiance was recited.
Mayor Parker stated that the agenda for the evening was for the purpose of a second
reading of the proposed moratorium and to appoint special committees. Further
committees may be appointed at a later date.
Councilmember Pearce made a motion to adopt the moratorium on second reading,
seconded by Anne Monaghan. The City attorney was requested to state any changes that
had been made since first reading. He stated that the reference to ` single family' was
removed, the time length for the moratorium was changed to 93 days to tie in to the April
22 meeting, 50 was added to the qualifying age for historic preservation of structures
slated for demolition. Mr. Hughes stated that a question has come up concerning duplexes
as written. Our code would not necessary restrict the development of duplexes. If
duplexes are to be included, they need to be added. Mayor Parker asked what were the
Council' s feelings on duplexes? Mr. Youmans stated that they were sold separately, and
are separate. Mr. Merves stated that, as it written it does not apply to duplexes. Mr.
Hughes stated it does not. He stated that it needs to be clarified. Ms. Monaghan stated
that she feels it should apply as density is the issue and duplexes are a part of that. Mr.
Pearce suggested that Ms. Monaghan make that an amendment to the ordinance and he
would second it. Ms. Monaghan made a motion to amend ordinance to include duplexes,
seconded by Mr. Pearce. Mr. Merves asked if this would prohibit duplex construction for
the length of the moratorium. Mayor Parker stated that it would. Vote on the amendment
was 4 -2 with Mr. Youmans and Mr. Hosti voting against. Vote on the moratorium was 5-
1 with Mr. Youmans voting against. Mr. Hughes stated that it would be effective
immediately, but would not affect anything that has been applied for by 4:15 Monday,
January 18, 1999. Clarification was requested by Zoning Administrator Byers on site
plans and/or other Zoning Issues that are scheduled for the next Planning Commission
Meeting. It was stated that they were exempt. Mayor Parker stated that we were not going
to accept Site Plans, Building Permits or anything covered under the moratorium for the
next 93 days other than single family. Zoning Administrator Byers requested permission
to run an ad in the newspaper so that there would be no confusion. Mr. Merves stated that
if the approved site plans did not have building permits, they would not have permits
issued until the moratorium is lifted. Mayor Parker and Mr. Youmans both stated that this
was not so. That if application were made prior to the moratorium, they would be issued
permits. Mr. Hughes stated that the safest way was to cut it off after application. Mr.
Hughes stated that a clause would need to be added so that this moratorium does not
apply to any application for land development on file as of January 18, 1999. Land
development applies to all aspects. A motion to amend the ordinance was made by Mr.
Pearce, seconded by Ms. Monaghan. The vote was 5 -1 with Mr. Youmans opposing.
1
1
Mayor Parker stated that several committees were proposed. One committee is the
Historic Preservation Committee. Mayor Parker asked Mr. Farmer to address this issue.
He stated that the agenda package contained a listing of committees and proposed
members with the mission and schedule of each committee. Ms. Monaghan stated that the
people on the list had volunteered at the Town Meeting. At this time, Mr. Youmans made
a motion to table the appointment of the committees. He stated that they had only had 3-4
days to think about this, and that he had not seen the written proposal for the committees
until tonight. Mr. Anderson seconded the motion. Ms. Monaghan stated that Council
was asked at the end of the meeting Thursday night to submit names and these would be
open committees. Ms Monaghan stated that some members of Council had done this. She
stated that these committees should be under Mr. Farmer' s direction. We need to get
moving. Vote to table failed by a vote of 2 -4 with Councilmembers Hosti, Merves,
Monaghan, and Pearce voting against. Mr. Youmans then stated that he would like to be
excused, as he has a hospital trip scheduled for early morning, and he left the meeting.
Zoning Administrator Byers stated that during the revision of the Zoning Ordinance in
1994 -95, the Coastal Georgia Regional Development Center stated that only one member
of Planning Commission should serve on committees that would work on ordinances to
be presented to the Planning Commission for recommendation. It is considered a conflict
of interest in that the member would have the opportunity to vote twice. It was
recommended by CRDC that one member should act as liaison between the Planning
Commission and a committee. Mayor Parker asked the City attorney and he stated that it
was a good suggestion and would prevent a conflict of interest. Mr. Hughes also stated
that state law also controls some aspects of Historic Preservation Ordinances that must be
considered prior to any permanent committee being formed. Mayor Parker asked Ms.
Monaghan if there were more than one member of Planning Commission on a committee
if they could work that out. Mr. Farmer stated that concept was to establish a committee
that anyone could be on regardless of any position they hold. Mayor Parker stated that the
City Attorney has said that one person from planning commission would be okay. Mr.
Merves asked if these committees were time limited; it was stated they were. Mr. Farmer
stated that the second readings needed to be done at the April 22 Council meeting. Mr.
Merves stated that committees work best when there are 6 -8 people on a committee and
they have a chairman. Mr. Farmer stated that he would make things move along, he
would call meetings probably weekly. Cullen Chambers questioned if they only had one
member of the Planning Commission on a committee what would happen it that member
could not attend the meeting? Ms. Monaghan stated that the member on the Planning
Commission would be acting as a private citizen on these committees. Zoning
Administrator Byers stated that the procedure that needs to be followed involves progress
reports to planning commission and council, workshops with planning commission and
council public forums, public hearings. The reason for one planning commission member
on each committee is because they have a general idea on the process and procedure. Mr.
Farmer stated that there are various ways to establish committees. The proposal tonight is
for open committees that anyone can serve on as a private citizen. Motion to establish the
Historic Preservation committee was by Mr. Pearce, seconded by Ms. Monaghan. Vote
1
1
1
was unanimous. (Copy attached). Motion to establish the Architectural Review
Committee was by Mr. Anderson, seconded by Mr. Pearce; the vote in favor was
unanimous. As there were no volunteers for this committee, Mayor Parker appointed
Penn Myrick, Henry Levy and Stan Hedgcourt.
Motion to establish Land Development Code Review committee was offered by Mr.
Pearce, seconded by Mr. Anderson. Vote was unanimous. The C -1 committee will
become a part of this committee. The motion to approve the Rosewood Natural Habitat
Committee was by Ms. Monaghan, seconded by Mr. Pearce, and the vote was unanimous.
There being no further business on the agenda, the meeting was adjourned.
Mayor Walter W. Parker
Angela R. Byers
Zoning Administrator
1
1
1
Section ,
AN ORDINANCE OF TYBEE ISLAND, GEORGIA
IT IS HEREBY ORDAINED by the governing authority of the City
of Tybee Island duly assembled, as follows:
The code of ordinances for the City of Tybee Island are hereby
amended so as to include the following:
(1) Findings and Statement of Purpose.
Based on the rapid development that has occurred within
the City over the past several years and the critical stage of
development and excessive burdens upon the infrastructure, the
compelling need for improvements therein and, in particular, the
need to upgrade the water and sewer treatment facilities, including
the lines thereof, and the evidence presented to Council in public
hearings, the experience of the Public Works and other departments
of the City, the Mayor and Council of the City find that all of the
circumstances, particularly with respect to the water and sewer
infrastructure of the City of Tybee Island, is at a critical stage
and time is needed in order to assess the current zoning ordinance
and to review possible revisions therein in order to preserve green
space, to prevent excessive density, to preserve aesthetically
appropriate structures and to encourage appropriate aesthetic
development, to address issues concerning the need for setback
building requirements in commercially zoned areas and to evaluate
impact and maintenance issues and fees with respect to new
development and to preserve historically significant structures
and /or districts. Therefore, in the interest of the public health,
safety, and welfare, the Mayor and Council find that limitations on
the issuance of building permits for multi - family developments,
subdivisions, and commercial structures is a matter of governmental
interest and public concern and immediate measures are necessary in
order to protect the nature of the island, its resources and
facilities and the residence of the island.
(2) A moratorium is imposed on the issuance of any additional
building permits, subdivision approvals, or commercial
developments, (water /sewer /tap -in permits) for duplexes, multi-
family and commercial, for a period of 93 days while the Mayor and
Council, City Manager and all departments of the City investigate
ways and to enact ordinances addressing issues of setbacks,
preservation of green space, aesthetics, density, preservation of
historic structures or districts and the addition or necessity of
adding to aid to construction or tap -in and stub fees for water and
sewer facilities and /or to reject such ordinances as might be
proposed on such topics and, further, to investigate financing for
improvements as may be determined necessary and to assess the
degree and nature of further demand on the sewage treatment system.
1
1
(3) This moratorium shall not apply to prohibit construction
of new single family residences nor permits issued in order to
renovate existing structures or to make improvements thereon nor
shall this moratorium prohibit the subdivision of duplexes.
(4) Where, by reason of unusual circumstances, the strict
application of this Ordinance would result in exceptional,
practical difficulty or undue hardship upon any owner of any
specific property, the Mayor and Council, in passing upon an
application for a variance, shall have the power to vary or modify
strict adherence to the terms hereof so as to relieve such
difficulty or hardship; provided however that such variance,
modification, or interpretation shall remain in harmony with the
general purpose and intent of this ordinance so that the goals
hereof can be achieved and substantial justice done. In granting
variation, the Mayor and Council may impose such reasonable and
additional stipulations and conditions as will in its judgment thus
fill the purposes of this Ordinance.
(5) A moratorium is imposed on the issuance of demolition
permits on structures in excess of 50 years old. Applications for
demolition permits with respect to such structures shall be
referred to the Mayor and Council for consideration. For the
duration of this Ordinance Mayor and Council shall evaluate the
following factors in determining whether or not to grant a
demolition permit: (a) whether the structure is an outstanding
example representative of its era; (b) whether the structure is one
of the few remaining examples of a past architectural style; (c)
whether the place or structure is associated with an event or
person of historic or cultural significance to the City; or (d)
whether it is a site of natural or aesthetic interest that is
continuing to contribute to the cultural or historical development
and heritage of the City.
(6) This moratorium shall not apply to any application for
land development on file as of January 18, 1999.
(7) Unless renewed following additional hearing(s), this
Ordinance shall expire 93 days from the effective date hereof, or
through April 22, 1999.
Adopted this day of January, 1999.
First Reading:
Second Reading:
Adopted:
2
Mayor Walter W. Parker
Clerk of Council