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HomeMy Public PortalAbout20010712CCMeeting1 1 @ @ITEM 2001 -07 -12 City Council Minutes Mayor Walter W. Parker called the July 12, 2001 regular City Council meeting to order at 7 P.M. The following members of Council were present: James Burke, jack Youmans, Shirley Sessions, Anne Monaghan, Pamela O'Brien and Mallory Pearce. City Attorney Edward Hughes and City Manager Tm Cannon were also present. Council member Shirley Sessions gave the invocation that was following by the Pledge of Allegiance. Pat Shay Chairman of the Authority for the Trade Center outlined where the Center was at this time. Mark Layee, manager, thanked Tybee for the past years of collection of the 1%. Shay told Council that of the 6% hotel motel taxes collected that 3% stays in community, 2% goes to the Chamber and 1% to the Trade Center. Ms. Alice Martin addressed Council on a number of zoning & building violations in her neighborhood and at other locations on the island. Martin handed Cannon the list of complaints. Martin also said the skate park is a waste of money; the slab of concrete is not big enough. Michael Scarbrough asked Council to consider the Estill Point sand bar for part of the beach renourishment; Scarbrough said it would help the economic issues of the shrimpers and the safety of small boats. Mayor Parker informed Council that he has received numerous letters of concern from the property owner along north beach area. Erik Olsen, the Coastal Engineer for Tybee, said the $450,000. is not going to solve the problem at North beach. The laws of Georgia need to be changed and that way the CORPS would have to do the right thing — mandate that sand goes back on the beach. Representative Burke Day is going to revisit this issue. Tybee needs a long -range plan, like a blueprint, this would lay out how to proceed in the future. Tybee also needs proactive measures. The two options are you can dredge the problem sand and place on the beach or you can take access material — hand scraper, move by trucks. Olsen said the point is relativity stable — take 10 to 20 thousand cubic yards of sand out of the area — costs would be approximately $100,000 to $200,000 — Tybee would be buying time. Revetments do not stop erosion — once hard structure is in place the shoreline will erode and people will be forced to protect their interest. Burke mentioned the City doing the dredging. Olsen answered it would be very expensive, you would need special trained staff and it is very dangerous. Olsen that the channel is not a federal channel, Tybee should go to DOT and ask for assistance. O'Brien told Council a report from Cannon dated July 7, 2001 outlines the options. Frank Ginn, Captain Row resident read a letter for the record voicing his concerns. Mr. Williams and Mr. Tom Holland also voiced concerns. Joe Griffin explained that SBRC have never asked for any sand to be moved. Parker recognized former Mayor Michael Counihan. Mayor Parker opened, asked for comments and closed the following pubic hearing according to the law and codes. Craig Meyer, #10 12th Street, Pin 4- 7 -2 -8C, requested a variance to bring porch across the front to bring in line with existing porch and remove stairs on side of house that are in the setback area. Meyer said this structure is now a duplex and he plans to spend about $150,000. Youmans asked if the Planning commission requested that the steps be removed. Meyer said his wife had spoken with Bargeron about the stairs. 1 1 Meyer said he would accept any Council decision. Hughes told Council the house is now non - conforming use and Meyer must go through the variance procedures. Levy said the Planning Commission voted 5 to 1 in favor of granting the variance, with the removal of the stairs. Clarence Crawford, 1710 Butler Avenue, PIN 4- 9 -5 -6, petitioned Council for a setback variance of 10 feet on 17th Place and 10 feet on Butler Avenue. Crawford said that he would like to have the 10 -foot setback on 17th Place as this is a one -way lane and the vision would not be impaired. O'Brien said that the house burned in December 99 and that Crawford had one year to build back in the same footprints. Crawford said he plans to construct 3 townhouses — 3 stacks units. Crawford said Michael Roach is his partner and he plans to live in one of the units. Levy told Council Crawford came with 2 sets of plans but that he did not have a parking plan. Pearce said the presentation was good. Youmans stated it does not make a difference what the Planning Commission does as Council can do what they want. Roach told Council they have been to 4 meetings now. Sessions asked that if any of the meetings were the parking plans approved? Levy answered at the agenda meeting the Planning Commission cannot take action. Sessions stated we have tried to establish that our Planning Commission does a good job. Crawford said at the regular meeting the Planning Commission did not have time to look over plans. O'Brien announced that we have dragged applicant through a tedious process and he should no be here. Youmans asked if the City has a copy of the parking plan in City Hall. McAfee answered yes. Does it meet the requirements? Again McAfee answered yes, also the drainage has been approved and he is confident that the Planning Commission would approve the parking plan. Youmans asked if the applicant meets all the criteria for request? McAfee answered yes sir. Tom Beytagh, representing Eagles Nest, requested a zoning text amendment changing from R -2 to R -1 Single family. It is noted that any prior applications will not be effected. Hughes said the zoning map needs to be in the auditorium for the public hearing. The Zoning map was brought into the auditorium. O'Brien asked if we have signed affidavits from the property owners? Beytagh answered that the property owners were told that it would have to be individual request, then was told a petition, then back to individual. Hughes said everybody this effect has to be in agreement. Anne Paul told Council that this was started in May and it very confusing of what is required and is glad that Ms. O'Brien is also confused. There should be an easier way to do this text amendment. Planning Commission vote 7 to 1 to approved provided that the City has the correct information. Bobby Chu presented Council with a petition for a site plan review for a duplex at Lot 105C 17ht Place, PIN 4- 9 -4 -11. Chu said this would be one for his sister and one for his nephew. Chu handed out the updated site plan with the trees; this is in C -1 and meets all the requirements. Was this heard at the last Planning Commission meeting? Levy answered no, but my impression is that it would be approved at the next regular meeting. It was questioned if the Zoning Department has a copy of the plan? McAfee said he got it about 30 minutes ago. Joe Griffin presented Council with he petition for a variance to the Shore Protection Ordinance and Site Plan approval. Griffm said he has been watching the beach erode for the past 4 years, they have tried snow fence and it washed away. Griffin 1 1 1 told Council that SBRC started the project for the revetment 17 months ago and has spent $16,000 to date; the fmal meeting with the DNR is scheduled for August 7th. What is the liability to the City if we approve the revetment? Hughes answered it is the SBRC liability, not the City of Tybee Island's. O'Brien asked who is definitely responsible? Hughes answered you will never know definitely, nothing is for sure. Charlie George said when the adjacent property owners thought that the SBRC was going to pay for them they where in favor. Griffin said SBRC is not asking for sand or money. Youmans asked why there are 4 or 5 items on the agenda for public hearing that should not be. O'Brien said there are only 3. Levy answered by telling Council to blame it on him Mayor Parker opened the meeting for business legally presented. Pearce moved to approve the variance request for Cindy and Craig Meyer, #10 12th Street PIN 4- 7 -2 -8C. Burke seconded. Vote by Council was unanimous. Burke moved to approve a 10 -foot setback variance on 17th Place for Clarence Crawford. Youmans seconded. Vote by Council was 5 in favor (Burke, Youmans, Sessions, Monaghan and Pearce); 1 opposed (O'Brien). Pearce moved to send the three petitions before Council tonight back to the planning Commission for a public hearing, which was not done. Monaghan seconded. Burke said that Council should vote on them one at a time. Pearce modified his motion stating that Crawford for site plan review and Chu/Waters for site plan review is sent back to the Planning Commission. Monaghan agreed to the modification. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Pearce moved to approve the zoning text amendment on 1st reading. Sessions seconded. Hughes questioned if this request was heard at a public hearing during the Planning Commission meeting? It was. Vote by Council was unanimous. Hughes said that the official zoning map needs to be prepared for the August meeting, the current zoning map was brought into the room. Pearce moved to approve the Savannah Beach and racquet Club a variance to the Shore Protection Ordinance in order to place a revetment contingent upon review and approval by our costal engineer, Eric Olsen and if Mr. Olsen doesn't approve it, it goes back to the Planning Commission and then to the City Council. Monaghan seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Pearce moved to approve the alcohol beverage license for Paul Stoupenos for the sale of canned beer in the store. O'Brien seconded. Question 15 on the application needs to be filled in. Vote by Council was 4 in favor (Burke, Youmans, O'Brien and Pearce); 2 opposed (Sessions and Monaghan). Pearce moved to approve the minutes as presented. O'Brien seconded with corrections. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Pearce moved to adopt Section 1 -1 -1 Uniform Rules of the Road on its first reading. Monaghan seconded. Vote by Council was unanimous. Pearce asked Council to read the Green Space Committee minutes. Pearce moved to authorized Hughes to hire a surveyor, search the title and then for the City to lay claim to the property by Captains Row. Vote by Council was 4 in favor 1 1 (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). O'Brien stated that Tybee needs a long -term green space plan and asked Cannon where we were on this issue. Cannon answered that will be one of the first things the ecologist will do when they come on board. Hughes explained the Intergovernmental Agreement with Chatham County concerning the Green Space funds. Hughes said that the funds that will come from SPLOST will have no strings but that the governor's grants have guidelines and deals with purely passive dead open space. As of January 2001 Tybee share was approximately $11,000. Plus. Hughes informed Council of the meeting held with the attorneys for Burke and Brewer concerning the beach rental issues. Some of the issues were settled but the ordinance needs a lot of work and Hughes would like to rewrite the entire section. Hughes said some Council members felt there was a safety issue regarding the trampoline and suggested a special meeting. Pearce moved to adopt 10 -1 -26 A Residential Parking on its 1s$ reading. O'Brien seconded. O'Brien asked if this was a good thing to do. Cannon answered it would be helpful. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). Pearce moved to accept the fee schedule on Permits Fees in the Building Department. O'Brien seconded. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans) Cannon gave Council a copy of his growth report along with a report from Bill Lovett from Hussey, Gay, Bell and DeYoung, the City engineers. After discussion Council agreed to add the growth control study to the agenda for the July 23`d meeting scheduled between Council, Planning Commission and Community Development staff. Finance Director James King gave a short report on consolidating some of the checking accounts used by the City and the payment plan from water sewer to general fund. Pearce moved to approve the contracts from GMA to do audits on hotel motel returns and on alcohol beverage report. O'Brien seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Compensation time was discussed and it was agreed that this should be placed on the action item list for further study. Pearce moved to adopt Section 5 -3 -6 Property Maintenance on its second reading. Monaghan Seconded. Vote by Council was unanimous. Pearce moved to adopt Section 8 -15 -1 Moratorium on its second reading. O'Brien seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce0; 2 opposed (Youmans and Burke). It was requested and agreed upon by Council to change the number 8 -15 -1 to 8 -12 -1 because of the Code of Ordinances. Pearce moved to adopt the following two sections on their second reading 5 -010 (A) LDC Permits Required for Construction, 5 -030 LDC Fees and 9 -030 (A) LDC Building Permits. Monaghan seconded. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). Pearce motioned to go into closed session to discuss Litigation and Personnel issues. Sessions seconded. Vote was unanimous. O'Brien questioned the Tommy Clark project, Hughes did not have the authority to write the letter concerning changing from hotel suites to condos. Hughes explained 1 1 that his letter did not change the type of construction passed by Council. Parker asked if we had all the information on the project. McAfee answered yes. O'Brien asked about the green space — 65 %. McAfee said they have a landscape plan. O'Brien asked about the stormwater plan. McAfee answered we have a report from H, G, B &DeY, plus a letter from DOT. Parker said that all information should be ready for inspection by Tuesday, July 17th. Burke asked about the grinder pump. O'Brien stated that Clark's lawyer any changes and they would come back before Council. Sessions asked about the parking — the actual plan. McAfee answered yes. Sessions said so it has 2 spaces for each unit. McAfee said that they do meet space requirement for the new construction but not for the other businesses. They need 180 for total, they are shy 33 spaces, and they have exemption for off street parking. O'Brien said it was brought to her attention that a couple of units are being used for offices. McAfee said no. Cannon will check on business licenses. O'Brien said she would like a written response within a week. The meeting was adjourned. Mayor Walter W. Parker City of Tybee Island Permit Fees iDescri •tion of • ermit Existin •. Fees Accessory building °-Blildirig - commercial Building - commercial - addition building - commercial - repairs Building - residential Building - residential - addition Demolition Building re- inspection Dock - commercial Dock - residential Shallow Well Electrical Fence Clearing & Grading Minor construction (cost under $500) Minor construction (cost greater than $500 but less than $1500) BUILDING PERMITS • $20.00 .$45.00 per sq. ft:* $45.00 per sq. ft. $45.00 per sq. ft. $45.00 per sq. ft. $45.00 per sq. Ft. $25.00 00 $25.00 $25.00 $15.00 `$ bo $20.00 $25.00 00 00 Mechanical °Iumbing Sign Swimming pool - commercial Swimming pool - residential Relocation (physically moving structure) Tree removal & replacement inspection Penalty for not taking out required permit TECHNICAL and Engineering review - residential Engineering - commercial Land disturbance Subdivision Plat recording filing fee Variance application Amendment to zoning map (rezoning application) Text amendment Site plan review Subdivision application Special review $15.00 $15.00 $20.00 $35.00 $35.00 $25.00 00 00 PLANNING REVIEWS reimburse for cost only reimburse for cost only 00 00 $100.00 $100.00 $100.00 $100.00 $100.00 $100.00 Pro osed Fees $50.00 $75.00 per sq. ft.# - $75.00 per sq. ft. $75.00 per sq. ft. $75.00 per sq. ft. $75.00 per sq. ft. $30.00 $250.00 -.- $50.00 $25.00 $25.00 $25.00 $50.00 - • .. 00 $25.00 4.1* $25.00 $25.00 $50.00 $50.00 $50.00 $50.00 $50.00 $100 plus fee or double the permit fee if greater Cost + 25% Cost + 25% Cost + 25% $250.00 $125.00 $250.00 $250.00 $250.00 $250.00 $250.00 'resent calcuiations were established in 1994 based on 545.00 per square foot of livable space in the structure. Proposed calculations are based on 575.00 per square foot of livable space in the structure. Base fee on construction is $20.00 for the first $1000.00 of the estimated cost of construction. a *# 1 CITY OF TYBEE ISLAND July 6, 2001 To: Mayor & Council Re: Checking Accounts Due to the new Uniform Chart of Accounts and the new Pooled -Cash accounting system, the following checking accounts are no longer necessary: Parking Services SunTrust Acct # 1500002272 Payroll SunTrust Acct # 1500002355 Water / Sewer SunTrust Acct # 1500000250 I am requesting Council approval to take the appropriate action and close these accounts. More accounts to follow!!! Sincerely, James ing Finance Director 1 1 1 Payment Schedule of W/S to General Fund 5 ail -74 cz H col O CO CO CO CO O CO CO CO CO O CO O LC) L(7 LC) Lt) L0 LC) LC) tf LC) L() LC) Ln Ln Lfj U) 1.6 LC) LC) LC) LC) LC) C) C)7 C) Q) O C O O C) G� CA O N .71' CO O O N tY LC) N. C) C"7 (• v) r C C7 I` O LC) 'cf N T r r N- 29 69 69 ER cR 69 ER 69 69 64 63. 64 N O O C C C C C C 0 0 V C O C C C C CC O C 0 • 0 0 C O C • 0 0 0 0 0 LC) C C O C Ln L C C c= cn m co" co- co- co O co- = 'x 0 N N N N N N N N N N r r r r r r r r r Ef} ER EA Ef} Ef} 69. 69 69 69. ER • 0 C C 0 C d' C O C C C C C C C C 000000• 0c—cc: C Lnl�o000 LC) LCD000 CY) Cr) C"J M Cr; C'7 C+7 CY) Cr) M C`') S9. ER 64 ER ER EA. ER EA. 64 ER C 0 C 0 C 0 0 C C C C C C C C C C C C C O LC) LCD Ln LID Lf) LC) LC) LC) LC) C N N N N N N N N N N r r r r r r r 69 EA- ER Ef} ER EA- ER 69 ER December -01 February -02 C FINAL PAYMENT OF BALANCE 01 01 O 0 0 0 0 .: ' L < O E E • < L - 2• L) L U Q) LL D GEORGIA MUNICIPAL ASSOCIATION President 1:. . •.e . -lards '•L''J: P;'0 (i ; ;S, i. <'iai : :r First :'ice President itocer Boatr zht Alma Second ': ice President T:ird ice President Hni:nes Immediate Past President . Turner _....:i ;1103._. 701 Pryor Street SW •,Banta. Georgia 03C3 - :606 e! 404-683 -0472 Tcii Free I -833- 43d -44 2 Fa 404 -577 -6663 .vv.w.gmanet.com A prii 13.2001 Mr. James King City Cork City of Tybee Island Post Office Box 2749 Tybee Island, GA 31323-4573 Re: Hotel -Motel and Alcohol Tax Revenue Recovery Service Dear Mr. King: Thank you for your interest in GMA's service to audit Hotel-Motel and Alcohol tax collection. GMA can assist your City with identification of unreported, under- reported. delinquent and otherwise uncollected tax revenue. Further, it will enable you to insure those lodging providers and alcohol vendors are accurately complying with your respective ordinances. Your city can participate in either or both programs based on an hourly rate of S125 plus expenses per audit or on a pay for performance basis of thirty -five percent of the amount discovered by the audit and collected by the city. For your review I have included two copies each contract outlining the services to be performed and the two methods of compensation. Please have the appropriate city officials sign each copy of both contracts and return to me at GMA. I will then ha,,e both contracts executed and send one copy of each back to you. Upon receipt ofthe signed contracts, the process should begin within 15 days. If you have any question:. please contact me at 678 536 -6253 or toll -free at 883-438-4462. V- Sin cere_v 11 Randy A. Logan Manager of Financial Service Progra ns L.nelosllres Cc w/o enclosures: Thomas A. Cannon, Jr. 1 1 1 5 -3 -6 Enforcement ORDINANCE NO. 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 Public Works, Chapter 3 Property Maintenance, Section 6 Enforcement, be amended to read as follows: Section 1. Section 5 -3 -6 is hereby amended to read as follows 5 -3 -6 Enforcement Owners or occupants of premises on which there is a violation of this ordinance will be given written notice to abate the violation within thirty (30) days. Failure to abate the violation within the thirty day period will result in a subpoena being issued for an appearance in Recorder's Court on a misdemeanor charge. In cases involving immediate health. safety and welfare violations the immediate issuance of a summons is permitted.(1992 -22 Oct.8,92)(Ord. No. 1992 -22, Enacted, 10/08/92; Ord. No. 1992 -22, ENACTED, 10/08/92) 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. Adopted this day of , 2001 Mayor Walter W. Parker Reading: 2nd Reading: Enacted: Page 1 of 1 1 1 1 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF TYBEE ISLAND, GEORGIA An ordinance to amend the code of ordinances for the City of Tybee Island, Georgia, to provide a new chapter entitled Growth Management, Planning and Development, Chapter . to provide for codification; to provide for severability; to provide for hearings and variances; to repeal conflicting ordinances; to provide an adoption date; to provide an effective date; to provide an expiration date; and for other purposes allowed by law. WHEREAS, the duly elected goveming authority for the City of Tybee Island, Georgia, is authorized under Article 9, §2, 73 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, welfare and aesthetics of the citizens of the City of Tybee Island, Georgia; and WHEREAS, the duly elected goveming authority of the City of Tybee Island is the Mayor and Council thereof; and WHEREAS, the goveming authority desires to adopt ordinances and regulations under their police and home rule powers to regulate development in the City consistently with the infrastructure and improvements thereto and to effectively manage rapid growth that has recently occurred on the island; and WHEREAS, the City of Tybee Island has experienced rapid growth in multi family development and commercial development which has placed increased demands on the infrastructure of the City; and WHEREAS, the City has taken steps to improve problems with infusion and infiltration into the waste water treatment system; and AMENDMENT TO ORDINANCE § WHEREAS, the City of Tybee Island has previously adopted an ordinance providing for the designation of historic properties and historic districts; and WHEREAS, the provisions of the ordinance as adopted contemplate and require mailing notice to occupants of properties included within the areas or properties to be designated; and WHEREAS, the City of Tybee Island does not have street mail delivery in all areas which would be effected by contemplated historic designation so that in addition to mailing notices to owners and requesting that owners notify occupants in an effort to comply with notice requirements, and publishing as required by law, mailing of notices to addresses directed to occupants would be futile, undeliverable and a waste of funds and resources; and WHEREAS, alternative methods of providing notice to occupants exist through publication and through communications with the owners of the properties potentially effected; NOW THEREFORE, IT IS HEREBY ORDAINED by the governing authority of the City of Tybee Island that the Code of Ordinances § Title 8, Article 14, §04 D 3 encaptioned "Required Public Hearings" and Title 8, Article 14, §04 D 7 encaptioned "Notification of Adoption of Ordinance for Designation" be amended as follows: The Code of Ordinances be amended so as to delete the following: The Commission and the City of Tybee Island shall hold a public hearing on any proposed ordinance for the designation of any historic district or property. Notice of the hearing shall be published in at least three consecutive issues of the principal newspaper of local circulation and written notice of the hearing shall be mailed by the commission to all owners of the property and occupants of such properties to the extent practical. All notices shall be published or mailed not g: \common \emh\ 14536\ord ina n \00 \public. hrg less ten (10) nor more than twenty (20) days prior to the day set for the public hearing. A notice sent via the United States mail to the last known owner of the property shown on the City of Tybee Island's tax roll and a notice sent via United States mail to the address of the property, or last known mailing address to the attention of the occupant shall constitute legal notification to the owner and occupant under this ordinance. Substitute the following to be the new Title 8, Article 14, §04 D 3: The Commission and the City of Tybee Island shall hold a public hearing on any proposed ordinance for the designation of any historic district or property. Notice of the hearing shall be published in at least three consecutive issues of the principal newspaper of local circulation and written notice of the hearing shall be mailed by the commission to all owners of the property and occupants of such properties to the extent practical. All notices shall be published or mailed not less ten (10) nor more than twenty (20) days prior to the day set for the public hearing. A notice sent via United States mail to the last known owner of the property shown on the City of Tybee Island's tax roll shall constitute legal notification to the owner. Because of the absence of street delivery service to certain areas of the City, reasonable efforts of the commission to notify occupants by and through the owners of the properties and by publication shall suffice for notification hereunder. The Code shall be amended so as to delete the following: Within thirty (30) days following the adoption of the ordinance for designation by the City Council, the owners and occupants of each designated historic property, and the owners and occupants of each structure or site located within a designated historic District, shall be given written notification of such designation by the City Council which notice shall apprise said owners g: \common \emh\ 14536\ordinan \OO \public. hrg and occupants of the necessity of obtaining a Certificate prior to undertaking any material change to appearance of the historic property designated or within the historic district designated. A notice sent via the United States mail to the last known owner of the property shown on the City of Tybee Island's tax roll and a notice sent via United States mail to the address of the property to the attention of occupant shall constitute legal notification to the owner and occupant under this ordinance. Substitute the following to be the new Title 8, Article 14, §04 D 7: Within thirty (30) days following the adoption of the ordinance for designation by the City Council, the owners and occupants of each designated historic property, and the owners and occupants of each structure or site located within a designated historic District, shall be given written notification of such designation by the City Council which notice shall apprise said owners and occupants of the necessity of obtaining a Certificate prior to undertaking any material change to appearance of the historic property designated or within the historic district designated. Because of the absence of street delivery service to certain areas of the City, reasonable efforts of the City Council to notify occupants by and through the owners of the properties and by publication shall suffice for notification hereunder. It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. g:\ common\ emh \14536\ordinan \00 \public.hrg 1 1 1 WHEREAS, the Environmental Protection Division of the Department of Natural Resources has consulted with the City regarding the demands on the City's infrastructure and the limitations on the City's permitted capacity; and WHEREAS, the Mayor and Council of the City of Tybee Island has secured a seasonal permit from the Environmental Protection Division with respect to its water sewer treatment capacity; and WHEREAS, the City has adopted Storm Water Management Ordinances and is making efforts to control non -point source pollutants; and WHEREAS, the City adopted a moratorium on February 8, 2001 on the issuance of water /sewer tap -in permits for other than single - family residences, and WHEREAS, additional restrictions may be necessary; and NOW THEREFORE, BE IT and, IT IS HEREBY ORDAINED by the governing authority for the City of Tybee Island that the Code of Ordinances, is hereby amended by the adding sections to be identified and numbered in Title 8 Land Development Code, Chapter 1ti, Growth Management § 1 , et seq., which said sections read as follows: §1. Findings and Statement of Purpose The Mayor and Council make the following findings and statement of purpose: Rapid development has occurred within the City over the past several years increasing demand and causing an excessive burden upon the infrastructure of the City, particularly with respect to waste water treatment and drainage concerns; there is a compelling need to upgrade the water and sewer treatment facilities; following the presentation of g:\co m m o n\e m h\ 20\401 \growth . o rd 1 1 1 information by the City Public Works Department; the City Water Department and evidence presented by the City's engineers and following comments from representatives from Environmental Protection Division of the Department of Natural Resources; the Mayor and Council of the City find that all of the circumstances are such that a critical stage is approaching with respect to overburdening the existing infrastructure of the City and in order to plan therefore, and in order to prevent a shortage of facilities and so as not to place the City in a position where penalties are sought from the City for violation of any permits, in the interest of the public health, safety and welfare, the Mayor and Council find that restrictions on development pursuant to a realistic schedule which will coincide with planned improvements to the waste water treatment plant and in order to conform to the master plan previously adopted by the City, it is found as a matter of governmental interest and public concern, that an immediate measure is necessary in order to more fully plan and control growth within the City in order to protect the facilities of the City and its' citizens. §2 - Development /Growth Schedule/Moratorium A moratorium is hereby imposed on the issuance of any additional water /sewer tap -in permits for any structure or project or development of any nature whatsoever except for single family residences. This moratorium shall be effective until a realistic schedule is developed or for a period not to exceed ninety -three (93) days while the Mayor and Council, City Manger and departments within the city investigate ways to control the increasing demands on the water /sewer treatment facility and to enact ordinances or to reject proposed ordinances dealing with ways to control the increasing g:\co mmo n\emh\20 \401 \growth.ord 1 1 1 demands on the water /sewer treatment facility. Further, during the term hereof, the City Manager, the Mayor and Council, and all the departments of the City may investigate ways for improving the wastewater treatment facility and financing for improvements as may be deemed necessary and to assess the degree and nature of further demand on the water /sewer system. §3 - Procedure The following procedures shall be put in place immediately. Under the Supreme Court case of Cannon v. Clayton County, 255 Ga. 63 (1985), the Supreme Court stated, "Where a landowner makes a substantial change in position by expenditures and reliance on the probability of the issuance of a building permit, based upon an existing zoning ordinance and the assurances of zoning officials, he acquires vested rights and is entitled to have the permit issued despite a change in the zoning ordinance which would otherwise preclude the issuance of a permit ". Pursuant to this case, the City of Tybee Island recognizes that, unknown to the City, de facto vesting may have occurred. The following procedures are established to provide exemption from the moratorium where vesting has occurred: (a) a written application, including verified supporting data, documents and facts, may be made requesting a review by the Mayor and Council at a scheduled meeting of any facts or circumstances which the applicant feels substantiates claims for vesting and the grant of an exemption; (b) within one week of the enactment of the moratorium, the City shall cause to issue an advertisement in the newspaper of local circulation to run once a week for two consecutive weeks providing notice to the public of the imposition of this moratorium and the opportunity for review before the Mayor and Council. g:\co m m o n\e m h\ 20 \401 \growth . o rd 1 1 1 §4. Preamble/Findings of Fact The preamble to this ordinance is hereby incorporated into this ordinance as if fully set out herein. §5. Variance 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 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 any variance, the Mayor and Council may impose such reasonable and additional stipulations and conditions as will in its judgment thus fulfill the purposes of this ordinance. §6. Severability The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared invalid by the valid judgment or decree of any court of competent jurisdiction, such illegalities shall not effect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. g:\co mmo n\em h\20 \401 \growth. o rd 1 1 1 §7 - Repealer All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. §8 - Adoption/Effective Date The adoption date of this ordinance is I , 2000 and it shall become effective on that date. §9 - Expiration Unless renewed following additional hearings, this ordinance shall expire Ninety -three (93) days from the effective date hereof. It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. ADOPTED THIS \12-DAY OF , 2001. ATTEST: a F C UNCIL MAYOR IRST READING: SECOND READING: ENACTED: g:\common\emh\20\401\growth.ord h 12 0l 12, 0 1 1 5 -010 permits required for construction ORDINANCE NO. 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(s) 010 Permits Required for Construction, be amended to read as follows: Section 1. Section 5 -010 is hereby amended to read as follows 5 -010 PERMITS REQUIRED FOR CONSTRUCTION The following is a list of permits needed for construction of a building or structure or the movement of a building or structure that may be needed for any type of land development in the City of Tybee Island, Georgia. (A) Building Permit A building permit is required prior to construction, alteration, or installation of any structure. Electrical, mechanical and plumbing permits are included within this permit. For construction valued below -41 a minor construction permit is required, but, no fee is charged. Construction valued above $1,500.00 $500.00 is considered to be major construction for which a fee is required. (B) Relocation Permit A Relocation permit is required any time a manufactured home, mobile home, trailer, out building, house or structure is moved from any location to any lot or parcel within the city limits of Tybee Island. Buildings used for the purpose of storage only with no need for electricity or plumbing are exempt from this requirement. Electrical, mechanical and plumbing permits are included within this permit. (C) Sign Permit Prior to the erection of a sign for either on premises or off premises advertising, the Zoning Administrator must first issue a permit in accordance with the sign regulations set forth in Article 6 of this ordinance. Permits are required for both temporary signs as well as permanent signs. (D) Demolition Permit Prior to destruction of a building, structure, or sign, a demolition permit is needed. Such permit may be attained from the City of Tybee Island Code Enforcement Department. (E) Electrical Permit An Electrical Permit is needed before installing any electrical wiring or fixtures. This permit is not needed if a re- location permit or building permit has already been issued on the structure. (F) Plumbing Permit A Plumbing Permit is needed whenever a plumber installs a new plumbing system in an existing structure. This permit is not needed if a re- location permit or building permit has already been issued on the structure. (G) Mechanical Permit A mechanical permit is needed before a licensed installer may install any mechanical device such as a heating and/or cooling system for air or water. This permit is not needed if a re- location permit or building permit has already been issued on the structure. (H) Land Clearing, Disturbance or Excavation Permit Regardless of the use of the land, a permit is required prior to Page 1 of 2 !! ! ! ' 1 1 N 1 5 -010 permits required for construction the clearing of trees, topsoil, or water on any parcel of land in the City of Tybee Island. Furthermore, there shall be no excavation or addition of soil, trees, or water until all proper permits are obtained. This permit is not needed if a re- location permit or building permit has already been issued on the structure. (I) Tree Removal A tree removal permit is required if a person intends to remove either a significant tree or any number of trees that will result in a tree density of less than required.. This permit is required regardless of any other permits obtained.(Ord. 1999 -16; 05/27/99) (J) Shore Protection with Variance Clause Notwithstanding any other provisions of any other ordinance or regulation to the contrary, no permit for building, land clearing, disturbance or excavation, shall be issued for activities or areas seaward of the line established by the Shore Protection Act, O.C.G.A. §12 -5 -230. Except however, for the purposes of this ordinance, the line shall not be based upon the occurrence or existence of a live, native tree twenty feet in height or greater, but rather shall be determined based upon existing structures. The Mayor and Council may grant a variance to the strict application hereof pursuant to Title 8, Article 5, Section 90 (8 -5 -090). It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. (Ord. 2001 -02; 1/11/01) 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. Mayor Walter W. Parker a� i 11c3v, acq ze yn Brown, Clerk of Council 1st (Reading: 2nd Reading: 11 I l a-i 51 Enacted: r(I Page 2 of 2 1 1 1 9 -030 Building Permits ORDINANCE NO. 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 9 Building Regulations, Section(s) 030 Building Permits, be amended to read as follows: Section 1. Section 9 -030 is hereby amended to read as follows 9 -030 BUILDING PERMITS (A) Application for a building permit must be made by the owner, or his agent, accompanied by two (2) sets of plans or blueprints, together with specifications of the work to be done. All applications for a building permit for building a new building or any additions must be accompanied by a plan showing size of lot and portion of lot to be built on and shall show that the lot has been surveyed by a licensed surveyor, or that lot stakes have been placed in position in accordance with such a survey. No work of any nature shall be started until a building permit has been issued. A permit must be secured for all new construction, all alterations and all repairs. No permit shall be issued until the prescribed fees for same have been paid in accordance with the following schedule: (1) Repairs less than Q440$00.00 No charge (2) Where the value exceeds $1,500.00 $50000 but not over $2;000:00$1,500 00 $20 0& 25 00 (3) For each additional $1,000.00 value or fraction thereof, per $1,000.00 value $5.00 All permit fees are non - refundable. (B) Prior to any land disturbing activity or structure modifications, the landowner or building permittee shall show the diameter and location of all trees of six (6) inches or more in diameter at breast height (4 1/2 feet above existing grade) on a sketch of the site, together with the location of existing or planned improvements on the site. A Tree Removal Permit shall be obtained prior to the removal of any significant tree, or prior to the removal of any tree of six (6) inches or more in diameter at breast height that would result in a tree density less than three trees per each 4,500 square feet of area. (C) All construction sites are required to have restroom facilities as well as sufficient containers for collecting all waste and debris created from the construction activities. No inspection shall be conducted until the applicant has provided proof of compliance with these requirements. If during construction such facilities are not provided on site, the building inspector will issue a stop work order until such compliance is achieved. (D) Any applicant for a building permit shall have the right to appeal to the mayor and council should the building inspector refuse to approve the issuance of a permit. (E) Construction must begin within one hundred and eighty (180) days from the date of permit issuance. (ORD. 1999 -12; 05/27/99) 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. Page 1 of 2 1 1 9 -030 Building Permits Mayor Walter W. Parker R. Brdv.rn, Clerk of Council st Reading: 2nd Reading: rl 11'91 cl Enacted: 111 -I 6l Page 2 of 2 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned 'attesting officer, duly authorized to administer oaths, Xr LifE2 k 6 -tak£2 , who after being duly sworn, deposes and on oath states the following: (1) I was the presiding officer of a meeting of the Tybee Island City Council held on the 12141 day of c )L I Li , 2001. (2) That it is my understanding that O.C.G.A. § 50- 14 -4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. The subject matter of the closed meeting or closed portion of the meeting held on the of C411-1(.1 , 2001, which was closed for the purpose(s) of 1 i4iQO.AtOn °4' e Scnne-L as allowed by (3) O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. 1 1 (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. § 50- 14 -4(b) that such an affidavit be executed. This a� day of p� t�� (5) Sworn to and subscribed befo a me this �,�` day 2001. g: \common \emh \14536\affiday.01 , 2001. ayor /Presiding Officer