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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