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HomeMy Public PortalAbout19990610CCMeeting1 1 @@ITEM 1999 -06 -10 CITY COUNCIL MINUTES The regular City Council Meeting of June 10, 1999 was called to order by Mayor Walter W. Parker at 7:30 p.m. Present were Ed Merves, Anne Monaghan, Jack Youmans, Dee Anderson and Mallory Pearce. City Councilman Michael "Spec" Hosti was absent. Also present were City Attorney Bubba Hughes and City Manager Bill Farmer. He welcomed the audience and asked them to stand for an Invocation by Reverend Lee Bennett, followed by the Pledge of Allegiance to the American flag. Mr. Chris Lightle of Karp, Ronning, Arkin & Tindol presented the audit report for fiscal 1998. The presentation included charts and graphs showing city fiscal activities over the past several years. He noted that it is generally appropriate for cities to reserve enough cash revenues to operate for 3 to 6 months in an emergency. The City of Tybee Island, in its general fund, has sufficient reserves for about 5 months' operation. He stated that the water /sewer fund is showing a surplus at end of year each year, but is involved in extensive capital improvements, causing a cash flow deficit. The city is meeting this cash flow problem by borrowing from the general fund for water /sewer payables. This is a temporary, limited solution which should not be continued indefinitely. Andy McGee, petitioning for a mobile license for sales of Italian Ices on the beach, did not appear. Pastor Tom Holderman, West Chatham Community Church, asked permission to hold a Christian concert. He was advised to come to City Hall for a special event permit. Rachel Perkins asked permission to prepare a simple foot trail along 5t` Avenue, showing a few pictures. Realizing that this is a public right -of -way that may be opened in future for development, she said she and her committee have no desire to keep anyone from using the property. She stated they wanted to open a simple nature path through the woods for people to enjoy while the road is uncut. Jack Boylston reported a problem with parked cars blocking the people living in Boylston Place on Silver Avenue. He said people couldn't get out of their garages because of cars parked in and along the street, and Parking Services said it is a private street and they have no jurisdiction. Mayor Parker said that there are some private streets east of Butler, but Silver is not one of them — it is public. Mr. Hughes said city could have cars towed from a public street, provided there is a warning sign. Jack Youmans said the sign is already up. Jack Boylston also thanked the city for its cooperation and participation in the Beach Bums Parade, citing its success. He called attention to the coverage by WTOC -TV, and thanked Congressman Kingston for his participation. A public hearing for #9 Rosewood, PIN #4- 2 -10 -2, was opened. Phil O'Dell, the owner, spoke; explaining that this is a minor subdivision request with a lot reduction variance. He has a sale for an existing house on the R -1 property. Due to the configuration of the footprint of the existing house, and his wish to retain a portion of the property, he is requesting subdivision with lot reduction for 1of8 1 1 1 the existing house. He had site plans available for Council. Dick Grosse spoke, not against the subdivision, but against removing the wooded portion of the street adjacent to SeaSide Colony. Anthony Scarwid spoke against, remarking that the driveway needs to be relocated to Oceanview. He also stated that the survey is confusing, and you can't tell what is what. Mel Gordon spoke in favor, saying he is the potential buyer for the existing house, and explaining what vehicles that will normally be there. He added that the drive to the nursing home parking lot is already there, and the wooded area of the street will not be used. Rusty Fleetwood asked for an explanation from Council about the "negotiations" concerning the zoning. Mr. Hughes explained that tonight's actions are not zoning ones, and that the actual zoning may be decided in public hearing later, or may be ordered by the court. Rusty asked the council to consider carefully, because there are lots of R -1 owners; he said he personally represents owners of 22 R -1 lots. Phil O'Dell stated that he lives on Rosewood, that is the address of his house, and Rosewood Avenue belongs to the public. He said there is no real question that Hogan's lots, and his, are really R -T. He stated that he is willing to give up his rights to Rosewood, except for a footpath to the beach. Mallory Pearce said the drawing isn't clear to him, and Phil walked over and explained the site map of the property. Ed Merves said that the curve on Rosewood leading onto Wrenwood is a 90- degree curve, with no stop sign, and he witnessed an accident there just recently. He said no driveway should come into the road at the curve. Bill Farmer said Oceanview Court is to be paved, and a survey is being made of its right -of -way. The existing road may be on the nursing home's property. Dottie Kluttz said she has seen more accidents on the curve, people are flying around it. Ann Carroll asked if O'Dell has right to open Rosewood against the wishes of the neighbors. Mr. Hughes said he doesn't agree 100% with Phil's statement, but Georgia Law does give a property owner certain rights in the adjacent platted streets. Someone asked if Phil's garage doesn't face away from Rosewood anyway? There were no other speakers, and Mayor Parker closed the public hearing. A public hearing for 10 Oceanview Court, Pin #4- 3 -10 -3, was next. Rick Hogan explained that this is a request for a minor subdivision, a part of a compromise negotiated by the city attorney. Mr. Rusher said that no height variance is requested. Mr. Hughes said that the final zoning has to be set either at a public meeting by Council, or by the Judge's decision. Hogan said the owners' contention is that the zoning is R -T, the compromise is to go with R -2 and a recombination. They are trying to buy Phil's property, the vacant lot, and not the house. There is a setback variance requested. Mr. Hughes said the setback variance is not likely to affect any adjacent properties because it is along an unopened portion of Rosewood. Hogan noted that the pavement and the property line on Oceanview are very close to each other. He said that no neighbors will be any closer than they are now. Ed Merves said the opening of Rosewood goes against the agreed compromise. Mel Gordon spoke as the prospective buyer of Phil's house, saying that two more cars isn't a big impact next to the nursing home parking lot where there are usually 50 or so cars anyway. 2 of 8 1 Dottie Kluttz spoke, saying she knows City Council's decision is going to be by court order because the Zoning Map wasn't properly kept up. She said she and other neighbors feel they are being victimized. There was no notification. Signs were not adequate. Sins of omission by City Hall never seem to make the developers suffer. Somebody has to be held accountable for mistakes. The public hearing was closed. A public hearing for subdivision of two existing duplexes for sale at 807 Jones Avenue was next. Jim King said this is the usual subdivision for sale, dividing the duplexes for the owners. There were no speakers, and the public hearing was closed. A public hearing for a minor subdivision of Lot 111 off 18th Place, PIN #4 -09 -06 -020, zoned R -2, was next heard. Amy Lanier presented her petition for a minor subdivision, saying she plans for two single - family beach houses. Angela Byers said the square footage is twice as much as the ordinance requires. Mr. Fred Clark, introduced by the Mayor as a former Tybee city attorney, then spoke for Mrs. Sandra Luxemburg. He first complimented Ms. Lanier on her plan to build single family beach cottages in the Tybee tradition. He then said Mrs. Luxemburg has had problems with flooding due, according to Mr. Clark, not to the property under discussion, but to the lot to the west, which was filled to a higher elevation. Mr. Clark said his action tonight is putting the city on notice that there is a flooding problem in the area, and he quoted from several court decisions, and from Georgia law. Mrs. Pearl Persaud, a neighbor, asked what kind of house will be built and if there are building plans. Mayor Parker said not yet, this is just to divide the property into two single - family lots. There were no other speakers and the hearing was closed. The next public hearing was for subdivision for ownership at #3 Lullwater Road by Frank Koncul. Dick Smith presented the petition. Mallory Pearce asked about the drainage problem. Angela Byers said the pipes are on site, waiting to go in. The replacement of trees that were clear cut was questioned. Mr. Hughes said he discussed the matter with Mr. Koncul who agreed to mitigate by planting trees on the property and/or by a contribution to the Palms Up fund. The hearing was closed. A public hearing for Randy Parker, 11A Second Avenue, Pin # 4- 3- 15 -3A, was called. His petition was for approval of a sprinkler system to subdivide the existing property into two units. Angela Byers said the plans were approved, and the sprinklers are in place, and inspected. There were no speakers from the audience. The hearing was closed. The next public hearing was for final plat approval for Barney Paderewski, for the Pine Street Subdivision, Pin #s 4- 3 -1 -8, 4- 3 -1 -16, 4- 3- 1 -16A. Mr. Paderewski was represented by his attorney, Harold Yellin, who reminded City Council of the legal issues surrounding a final plat, and quoted from city codes. He said also that the subdivision includes utilities and that no permit for tree removal is required when placing utilities. He reiterated that the issue is final plat approval, and the proper questions are 1) what did you require? and 2) is tonight's plan in compliance? He called attention to the bond letter submitted today. Mallory Pearce said he did his own investigation and there was no proper 3 of 8 tree survey that he could find. The land was clear -cut. A neighbor, Mrs. Cawley complained that there is now an 8 -foot privacy fence. Downer Davis, who prepared the engineering, said that the Maple Street right -of -way is in the marsh, and that all the trees adjacent to that street are within the subdivision. There is a 25 -foot setback from the marsh required by the state, and none of that area was cut. It is believed that future owners cannot clear their lots within 25' of the marsh because of the state setback. Rachel Perkins said she takes serious issue with the tree survey not being required, and read from a letter by the City Manager to another developer, Ken Crockett, saying the city denied a subdivision due to lack of a tree survey. She added that she believes a mistake has been made, but there can be mitigation. Ginger Lanier, who lives on Logan, says that it wasn't necessary to push down all the trees with heavy -duty bulldozers, that is was done to give them more room and that some of the trees left are dying. Phil O'Dell said that right now there is a big public swell against cutting trees, but mitigation should follow the ordinance requirements exactly. If you go way overboard, everybody loses. Jack Youmans said the ordinance caused oak trees to be planted four feet apart at the post office, and he doesn't believe oaks should be crowded in like that. Downer Davis said that they did shift the pavement to save a 60" live oak. Ginger Lanier questioned whether it will live, due to disturbance around it. Mr. Hughes reminded everyone that there is a bond, and the developer can be subject to a fine if the trees don't live. Pam O'Brien said that the Planning Commission voted in favor of final plat approval, providing it was agreed to mitigate by placing 3 trees per every 4,500 feet, which is the ordinance requirement. Angela Byers said the site plan called for 4 trees per building lot. There were no others wishing to speak, and the Mayor closed the hearing. A public hearing for a minor subdivision and lot reduction on Bay Street, PIN #s 4- 21 -16 -49 and 4- 21 -16 -7 to develop a single parcel into a 3 -lot subdivision as Phase 2 of Shipwatch Dunes. It was noted that this was first submitted as a major subdivision of 4 lots, but has been modified arising from comments at the Planning Commission meeting, and a new proposed plat was presented for Council's and the public's review. Julian Page objected, saying this is not what we saw before. Rick Hogan explained that the density is less, 3 lots instead of 4 shown on the first proposed plat. The parcel has a total square footage of 34,000. Each lot is 11,500 square feet. Julian Page said he has a problem with the way the petition was handled. The sign was on the wrong lot, and was moved by the developer, not the city, about 15 minutes before the meeting. He said he called the city and reported the error right after the sign went up. He said there are other property owners who share the access easement and said he thinks they have not been notified. He asked if Mr. Hogan owns any other adjacent property, saying he would not like to live in another Shipwatch Dunes due to its density and difficult access. Jack Youmans said a variance is just as legal as anything else in the book. Chris McCoy said he is 120 feet away, and anything less than 12,000 square feet lots will change the wonderful neighborhood. He asked if Mr. Hogan owns any other adjacent property, saying he would not like to see another Shipwatch Dunes due to its density and difficult access. He said there are 4 families sharing the access drive now, and you have 4 of 8 to take a number to get in and out. Scott Mack of 6 Bayview Lane says his preference is for keeping the 12,000 -lot size intact. An access drive serving what might be 11 families is too much. The City Attorney entered Randy Warner's letter into the record. Pam O'Brien said that it is a wonderful thing to offer a compromise, but she strongly urged that the request be sent back to Planning Commission so they can investigate the access easement question. She said Planning Commission had learned that there is a problem with one of the existing retention ponds at Shipwatch Dunes. Jack Youmans said lots of houses on Bay Street share one drive. The public hearing was closed. The next item was a public hearing on the text amendment 3 -050 Obstruction to Vision at Street Intersections. Pam O'Brien reported that the Planning Commission approved of the concept, but had minor reservations, i.e., 1) that language isn't quite ready yet and 2) that a traffic engineer should be consulted. Sally Keller said that this should be handled very carefully because there are many existing situations that don't conform, including the city's parking and the benches used for advertising. She recommended careful study before passage, saying it isn't a political issue, but does need to be professionally handled. Bill Farmer noted that the proposed ordinance does not mention trees or buildings. The public hearing was closed. Mayor Parker opened the meeting for business legally presented. Mallory Pearce moved to defer a decision on Phil O'Dell's minor subdivision to allow time to work out the exact location of the driveway. Ed Merves seconded. Jack Youmans said that Council can delay because it doesn't cost us, but putting people off costs them dollars. Mr. Hughes said he believed Mr. O'Dell is open to compromise. Mr. O'Dell said he has a right to access on Rosewood, he has 157' frontage on the street, and his address is #9 Rosewood. Mr. Hughes suggested the matter be dealt with, one way or another, tonight. The driveway, and the footpath within Rosewood to the beach will have to appear on the plat eventually. Ed Merves said he would support the petition if they agree to use Oceanview as access. Ed Merves withdrew his second. Phil O'Dell said the driveway would use the existing entrance to the nursing home parking lot. Mayor Parker said that ought to work. Mallory Pearce reworded his motion for approval, with the proviso that the following conditions be met: the City Council retains the right to approve the location of the driveway on the final plat, the City will receive a quit claim relinquishing rights to an access on Rosewood (with the exception of a foot path to the beach), the house lot will be R -1, with R -2 for lots and variances for structures as shown. Mr. Hughes reminded the City Council that the suggested zoning must be finally approved by Council or by the Judge. Ed Merves seconded. Jack Youmans said City Council had voted to grant the City Attorney authority to negotiate the best deal he could. Mr. Hughes reiterated that this is the only public hearing, even if the driveway question is brought back to Council. The vote was 5 — 0. Jack Youmans moved that the minor subdivision with lot reduction for Rick Hogan and William Rusher at 10 Oceanview Court be approved, with second by Dee Anderson. Ed Merves said he'd support the motion if driveway approval isn't included. The vote was 5 — 0. 5 of 8 1 1 1 Jim King's petition for a minor subdivision for sale of duplexes at 807 Jones Avenue was approved unanimously; motion by Merves, seconded by Jack Youmans. Amy Lanier's request for a minor subdivision of Lot 111 on 18th Place, PIN # 4- 9 -6 -20, was unanimously approved. The motion was made by Jack Youmans and seconded by Dee Anderson. A motion to approve the subdivision for sale {Frank Koncul for #3 Lullwater Road} was made by Jack Youmans, and seconded by Dee Anderson. The vote was 5 — 0 in favor of the motion. Mr. Randy Parker's petition for a minor subdivision (to subdivide for sale) by adding a sprinkler system to an existing structure was approved on motion by Jack Youmans, seconded by Mallory Pearce, and unanimously accepted by City Council. The final plat for Barney Paderewski's Pine Street Subdivision was next considered. Mallory Pearce moved that the final plat be accepted contingent upon tree ordinance mitigation at a rate of 3 trees per each 4,500 square feet throughout the property. The motion was seconded by Jack Youmans and passed without dissent. Rick Hogan's petition for a minor subdivision on Bay Street was sent back to Planning Commission for further study by a vote of 3 to 2. Mallory Pearce, Ed Merves and Anne Monaghan cast the majority vote, with Dee Anderson and Jack Youmans voting against. The motion was made by Mallory Pearce and seconded by Anne Monaghan. Ed Merves made a minor correction to the minutes, saying that the approval to proceed with the planning for a new gymnasium complex did not include a new City Hall. Jack Youmans concurred. The minutes stood approved as corrected. Data on the bills for the month of May in the form of a finance report was unavailable at the time of the meeting. Rachel Perkins reminded Mayor Parker of her request for a footpath in the Fifth Avenue right -of -way. Mallory Pearce moved to approve, Anne Monaghan seconded, and the vote was 4 to 1, with Jack Youmans casting the dissenting vote. Mayor Parker asked what the city can do about Mr. Boylston's complaint about parking. Mr. Hughes said cars can be towed if there is a proper sign. Mr. Youmans said there is one sign already there. Mayor Parker complimented Bill Farmer for his excellent work on the beach erosion control project, and on the harbor - deepening project. Dr. Farmer said that it has been decided that a study will be made, which is a step forward for Tybee. We are making progress. Mallory Pearce said he is registering a protest because City Council asked for a public hearing on the Fifth Avenue trail to be held tonight and it wasn't advertised. It needs to be properly advertised. Anne Monaghan presented a conceptual drawing for Community House parking and for removal of the barriers now blocking Solomon Avenue. She said she doesn't want to take any action now because she has talked to only one property owner so far. Mallory Pearce said we should have a public hearing and 6 of 8 1 inform the neighborhood. Mrs. Monaghan seconded the motion, and Mr. Youmans said, yes, he'd go along with a public hearing. The vote was 5 — 0. Bill Farmer said care should be taken not to disturb the drainage swale. Jack Youmans said no other public hearings should be put off to hear this; he suggested it be held for the August meeting and said that the city should be sure to notify all property owners. Anne Monaghan presented a budget amendment of $1800 to continue the First Sunday Jazz Concerts from May to October. She said they were successful last year on the pier, but this year rental of the pavilion isn't within the budget. This past Sunday one was held on the north lawn of City Hall, and drew a good crowd, and it turned out to be an excellent location. Mallory Pearce 2nd the motion. Jack Youmans said we don't need to add anything more to the budget. Ed Merves questioned where we are in the Recreation Budget. Bill Farmer replied that it is hard to say because the YMCA has been slow in billing us for their services. The motion failed by a vote of 2 (Monaghan and Pearce) to 3 (Youmans, Merves and Anderson). Anne Monaghan brought up the covered sidewalk during construction issue, moving that it be mandatory. Mallory Pearce seconded. Chuck Bargeron, City Marshal, spoke against; saying it is taking away the discretionary judgement the Code gives to the City Marshal. He said his decision was based on the time of year the construction was being done, and the fact that there was very little foot traffic in the area in the off - season. Ed Merves noted that the construction tied up the sidewalk and all the parking on the block, and the meters weren't paid. Bill Farmer said a bill for $500 had been sent, but it is complicated in that some of the vehicles had parking decals, and some didn't. Jack Youmans said he doesn't think it should be required, it should be left up to the City Marshal. The motion failed by a vote of 2 to 3, with Merves, Youmans and Anderson voting against; Monaghan and Pearce voting in favor. Code Section 2 -1 -11 Regular and Special Meetings passed by a vote of 3 to 2 on motion of Mallory Pearce, seconded by Anne Monaghan. Voting for the motion were Merves, Monaghan and Pearce; Anderson and Youmans voted against. Code Section 6 -1 -10 Tapping /Stubbing Fees, Meters and Aid to Construction Fees (a total of 4 ordinances) was adopted on Second Reading and becomes a part of these minutes. The motion to approve was made by Mallory Pearce, seconded by Anne Monaghan, and passed by a vote of 4 —1 with Jack Youmans casting the negative vote. Code Section 8 -5 -080 Site Plan Approval passed on Second Reading on a motion by Mallory Pearce, seconded by Anne Monaghan. The vote was 3 {Pearce, Monaghan, and Merves} to 2 {Anderson, Youmans }. The ordinance is attached to, and becomes a part of these minutes. It was noted that the City Attorney will shortly revise this ordinance. Code Section 8 -7 -060 Significant Trees, Paragraph B was next heard on Second Reading. Mallory Pearce moved its approval, Anne Monaghan seconded and the vote was 4 to 1, with Youmans opposing. A copy of the ordinance is attached to these minutes. 7 of 8 Attest 1 1 Code Section 8 -7 -070 Tree Protection during Development passed on Second Reading on motion of Mallory Pearce, with Anne Monaghan seconding. The vote was 4 to 1 with Jack Youmans casting the dissenting vote. The ordinance is a part of these minutes. It was agreed by consensus to advertise the O'Dell/Hogan Oceanview matter for a public hearing on zoning in July. The meeting was closed for discussion of pending litigation, then re- opened. The meeting was adjourned. Clerk of Council Mayor 8 of 8 1 2 -1 -11 ORDINANCE NO. 1999-17 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 2 Governemnt and Administration, Chapter 1 Mayor and Council, Section 11 Regular and Special Meetings, be amended to read as follows: Section 1. Section 2 -1 -11 is hereby amended to read as follows 2 -1 -11 Regular and special meetings. Regular meetings of the mayor and council will be held on the second and fourth Thursday of each month at 7:30 p.m. in the City Hall, except for the months of . . November and December when there will only be one meeting on the 2nd Thursday of such month. Public Hearings under the Land Development Code shall ordinarily be scheduled for the first meeting of each month, however, special meetings, including any public hearings under the Land Development Code, may be held as provided by Section 100 -2 -19 of the City Charter. (Ord. No. 2 -1982, 8- 11 -82; Ord. No. 1 -1984, 1- 11 -84; Ord. No. 16 -1984, 12 -6 -84) (Ord. 97 -112: 9/15/97)(1998 -17; 7/23/98)(1999 -05; 4/8/99)(ORD. 1999-17; 6/10/99) Adopted this day of ,1999 Mayor Walter W. Parker City Clerk 1st Reading:05 /27/99 2nd Reading:06 /10/99 Enacted:06 /10/99 Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of the City of Tybee Island, Georgia. 1 1 1 6 -1 -10 ORDINANCE NO. 1999 -18 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 6 Municipal Utilities, Chapter 1 Water Supply and Distribution, Section 10 Tapping/Stubbing Fees, Meters, Aid Construttn'I ees.( be amended to read as follows: Section 1. Section 6 -1 -10 is hereby amended to read as follows 6 -1 -10 Tapping/stubbing fees, meters, and Aid to Construction Fees A) mater ad>ewer, Tap :ec W.at 143 BETE I SEI BY THE art, MAC Water tapping and sewer stubbing fees for a water consumer will be based on the following formula. The fee shall cover the cost of the meter and inspection of installation of same. Actual installation of both lines and meter shall be the responsibility of the applicant. This tapping stubbing fee is payable in advance. TYPE OF STRUCTURE DETAGI4ED 2 BEDROOM APARTMENTS STUDIO 4-BEDROOM WATER CHARGE $ 115.00 590.00 710.00 315.00 395.00 Page 1 of 7 SEWER CHARGE $ 390.00 X00 585.00 295.00 315.00 TOTAL W/S 4-8-3.5704 —1480414 13 X00 740.00 6 -1 -10 O COMMERCIAL 11r l»��rll�lNaYN!' SCHOOL INDUSTRIAL -- 560.00 – X15.00 190.00 --00 00Bg) 200.00/BED 195 00/RM '10 /SO FT 30 /SO FT 10 00 /STU 25/SO FT 5 00 /ST 10 00 /ST —3-90704143-13 10 00 /ST 70 00/EMP 190 /MACH 0 /EMP X00 1050.00 1200-.^00 –450414E13 8 00B 30 00 /ST ddi The cost for a water meter for sprinkler systems, swimming pools,etc. shall be based on the size of meter deemed necessary by the Water and Sewer department supervisor and/or his designee. The following rates cover the cost of the meter only. The property owner is responsible for both installation of meter and running of necessary lines. ( 1) Three- fourths (3/4) inch and five- eights (5/8) inch ( 2) One inch $350.00 520.00 Page 2 of 7 (5) 6 -1 -10 and one h l l; .4 000. Two inches Above two inches will be cost plus twenty -five (2534%) percent. 1200.00 (Code 1970, 20 -20; Ord No. 5 -1980, 10 -8 -80; Ord. No. 6 -1980, 10- 1980)(1997 -53; 8/14/97) In addition to the above tap and stub fees, the following Aid to Construction fees will apply: TYPE OF CONSTRUCTION AID TO- CONS- TRUCTION TAP AND STUB FEE SINGLE FILM DETACHED 3- BEDROOM 3 BEDROOM 1 i BEDROOM 0 1 BEDROOM 3 BEDROOM FEE N/A A $250.00 $350.00 $350.00 Page 3 of 7 PLUS PER UNIT CHARCE 835.00 1,080.00 1,325.00 PLUS TAP AND STUB FEE OF 610.00 PER UNIT PLUS TAP AND STUB FEE OF 710.00 PER UNIT PLUS TAP AND STUB FEE OF 885.00 PER UNIT " 1 3 i BEDROOM MOBILE HOME 6-1-10 $250.00. N/A PLUS TAP AND STUB FEE OF 1050.00 PER UNIT 1120.00 PER MOBILE HOME ELDERLY HOUSINC NURSING HGMB HOTEL/MOTEL OFFICE COMMERCIAL SHOPPING CENTER SCHOOL, WAREHOUSE RESTAURANT THEATERS BASECHARCE$1080.00 BASECHARCE$1080.00 BASECHARCE$1080.00 BASE CHARCE $1080.00 BASE CHARCE $10-80.00 BASE CHARCE $1080.00 BASE CHARCE $1080.00 BASE CHARCE-$1080.00 BASE CHARCE $1080.00 BASE CHARCE $1080 .00 HOSPITAL CHURCHES BASE CHARCE $1080.00 BASE CHARCE $1080.00 Page 4 of 7 PLUS $150.00 PER BED PLUS $150.00 PER BED PLUS $110.00 PER ROOM PLUS .90 PER SQ. FT PLUS .90 PER SQ. FT PLUS .90 PER SQ. FT PLUS $100.00 PER STUDENT SPACE PLUS .50 PER SQ.FT. PLUS 215.00 PER SEAT PLUS 25.00 PER SEAT PLUS 835.00 PER BED PLUS 30.00 PER SEAT 1 INDUSTRIAL LAUNDRIES AUTO SERVICE 6 -1 -10 BASE CHARCE $1080.00 BASE CHARCE $1080.00 PLUS 160.00 PER EMPLOYEE PLUS 985.00 PER MACHINE BASE CHARCE $1080.00 1 (ORD. 1998 -08; 3/26/98) PLUS 160.00 PER EMPLOYEE Page 5 of 7 6 -1 -10 2 per se Page 6 of 7 1 6 -1 -10 175 p 6 200`A4 Adopted this 10th day of June, 1999 Mayor Walter W. Parker City Clerk 1st Reading:05 /27/99 2nd Reading:06 /10/99 Enacted:06 /10/99 Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of the City of Tybee Island, Georgia. 1 1 5 -080 ORDINANCE NO. 1999 -19 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee island Code of Ordinances, Title 8 Land Development Code, Article 5 Procedures for Administration and Enforcement, Section 5 -080, Site Plan Approval, be amended to read as follows: Section 1. Section 5 -080 is hereby amended to read as follows 5 -080 SITE PLAN APPROVAL The site plan approval process is intended to provide the general public, Planning Commission, Mayor and Council with information pertinent to how a new development will affect the surrounding area and the city as a whole. There is no evaluation process or set of regulations other than what is required to be shown on the plan and listed upon the application. This requirement exists as a tool for public information Site plan approval does not constitute action or permit. (A) Process. Upon submittal of the site plan, the zoning administrator will review the site plan for noticeable discrepancies and determine if there is a need to apply for other zoning actions. The site plan is then forwarded to the Chatham County Engineer. Once the engineer has submitted comments to the zoning administrator, a public hearing shall be scheduled. The public hearing shall be held regardless of whether the site plan meets the requirements of this ordinance. Until the applicant addresses all of the engineer' s comments and the site plan is satisfactory, the Mayor and Council will not approve the plan. However, once the first public hearing is held, site plan approval may commence at any scheduled meeting of the Mayor and Council. (B) Other Zoning Actions. Because Special Review, Variances, and Map Amendments require approved site plans, Site Plan Approval is the first step in the permitting processes. Once a site plan has met the application and process requirements the other zoning action processes may begin.(ORD. 1999-19; 06/10/99) Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Adopted this 10th day of June, 1999 Mayor Walter W. Parker Page 1 of 2 1 1 5 -080 Jacquelyn R. Brown, Clerk of Council 1st Reading:05 /27/99 2nd Reading:06 /10/99 Enacted:06 /10/99 Page 2 of 2 1 1 1 7 -060 ORDINANCE NO.1999 -20 It is hereby ordained by the governing authority of the City of Tybee island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 8 Land Development Code, Article 7 Tree Removal Regulations, Section 7 -060 Removal of Significant Trees, Paragraph (B) be amended to read as follows: Section 1. Section 7 -060 is hereby amended to read as follows 7 -060 REMOVAL OF SIGNIFICANT TREES (A) Significant trees may be removed only under the following situations or conditions: 1. Upon showing by the applicant that removal of a significant tree is necessary to make reasonable beneficial, economic use of the property; such showing must demonstrate that there is no feasible alternative that would preserve the tree, and must be made for each significant tree the applicant proposes to remove, 2. For improvements, expansion and/or new construction of infrastructure services, including water /sewer systems and streets, but only if no alternatives are available; and, 3. Prior to the issuance of a Building Permit allowing the removal of a significant tree, the City Administrator shall confirm in writing that one (1) or more of the situations enumerated hereinabove exists. (B) The Building Permit allowing the removal of a significant tree shall require the landowner /permittee to comply with the requirements set forth in Sections 7 and 8 and the additional following conditions: 1. Each removed significant tree shall be replaced with one (1) or more trees of like species, having an aggregate DBH Vie€ fifteen melees -and meeting the requirements of Section 7 -080; such replacement tree(s) shall be considered to be one (1) tree for the purpose of meeting the density requirements established in Section 7- 050(A); and, 2. Such other conditions as may be proposed by the City Administrator and approved by City Council.(ORD. 1999-20; 06/10/99) )Vo' Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Adopted this 10th day of June, 1999 Mayor Walter W. Parker Page 1 of 2 1 1 1 Jacquelyn R. Brown, Clerk of Council 1st Reading:05 /27/99 2nd Reading:06 /10/99 Enacted:06 /10/99 7 -060 Page 2 of 2 1 1 7 -070 ORDINANCE NO. 1999 -21 It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee island Code of Ordinances, Title 8 Land Development Code, Article 7 Tree Removal Regulations, Section 7 -070 Tree Protection During Development, be amended to read as follows: Section 1. Section 7 -070 is hereby amended to read as follows 7 -070 TREE PROTECTION DURING DEVELOPMENT On each lot or tract where construction is ongoing pursuant to a validly issued Building Permit, protective barricades shall be placed around trees il ; �e . rr slin which are to be retained, and shall remain in place throughout construction. The areas within the protective barricades shall remain free of all building materials, construction debris, vehicles, and development activities. Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Land Development Code of Ordinance of the City of Tybee Island, Georgia. Adopted this 10th day of June, 1999 Mayor Walter W. Parker Jacquelyn R. Brown, Clerk of Council 1st Reading:05 /27/99 2nd Reading:06 /10/99 Enacted:06 /10/99