HomeMy Public PortalAbout20020711CCMeeting@ @ITEM 2002 -07 -11 City Council Minutes
Mayor Walter Parker called the July 11, 2002 Council meeting to order. The
following members of Council were present: James Burke, Jack Youmans, Whitley
Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. City Manager Bob
Thomson and City Attorney Edward Hughes were present.
Father John Fitzpatrick gave the invocation. The Pledge of Allegiance was
recited.
James Carter requested Council to consider selling him a portion of Hodges
Street. Jim Grady helped explained the request.
Jack Knauz stated that he was the adjoining property owner and that he opposes
any sale of Hodges Street.
Kathryn William from the Marine Science Center introduced Kim Harris an
attorney who is helping the MSC with the proposed lease between the City and MSC.
Williams said that they need a lease to have security because as it stands a 60 -day notice
is all that is in the lease now. Burke asked where would the new facility be located.
Williams said that the present building would be demolished and the new MSC built in
its place. Parker said it couldn't be done. Williams said that they have been in touch
with the Federal and as long as they rebuild with public restrooms it would be all right.
Parker said the last information from the Department of the Interior stated there would be
problems. Harris said that she has all correspondence.
Rick Hurst said that he is appearing again because he has not heard back on his
request from Council from the May 9th meeting where he requested 3 things. 1.
Immediate steps for new language prohibiting any work by elected officials or
employees. 2. Inquiring into the contract for the past 10 years. 3. Competitive bids for
work to be done for the City. Barrow said he agrees with Hurst. Parker said that the City
had the City Attorney look into and does not know where it got sidetracked but the City
does have items in place that would cover the ethics issue. Crawford said that Parker was
out of town for that meeting and that he feels somewhat responsible and that Council
asked the City Attorney to contact the State Attorney General for an opinion. Crawford
said he has withdrawn his name for doing any work for the City of Tybee. Barrow said
according to state law and city codes that we are in compliance. In answer to the back up
contracts for the past 10 years that was requested from the City we just do not have the
staff to produce. Barrow told Hurst that Council adopted a purchasing policy. Parker
asked Hurst what wording would he like to see incorporated into the code of ethics.
Hurst said "no city official or employee to be allowed to do any work at all for the City ".
Hurst said he knows this is a small town. Youmans said that he would not object to the
City asking for bids on any work that he does for the City. Barrow read the minutes form
the meeting in question and Buelterman said it is now in the City Manager basket. Hurst
said Jonathan Brown witnessed city employees using city equipment after hours on
another city employees' property. Parker answered that this has been addressed to the
individuals. Brown said something in writing from his complaint would be nice.
Crawford asked who was addressed? Hurst said the employees. Crawford asked that this
issue be properly addressed in writing. Photos were shared.
Burke moved to adopt the consent agenda: Toy for Tots Special Event; minutes
for June 13, 20 and 27, 2002; Alcohol Beverage renewal for Rascals; Section 10 -1 -1
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Uniform Rules of the Road: change order to Smith Heat and Air for the Teen
Center on Cedarwood. Crawford seconded. Vote by Council was unanimous.
Youmans asked that the City Manager look into a more efficient way of handling the
renewal for business licenses.
Buelterman said that Hughes will come up with a lease for the MSC. Burke asked
why the MSC and the 4 -H could not be combined. Burke said that the City has spent
thousands of dollars to repair and upgrade the present facility and now MSC wants to
demolish it. Parker said an extended lease is needed in order for the MSC to get grants,
as far as tearing down the building that is a separate issue. Youmans also stated that the
City has paid out between 50 to 60 thousand dollars in the past two years on the building.
Parker asked that we look as far as the lease goes and review the papers. Buelterman
asked that this be in the August agenda. Williams said that the 4 -H does not serve the
general population.
Mayor Parker opened, asked for comments and closed the following public
hearing according to the laws of Georgia and the codes of Tybee Island.
Dick Smith, Chair of the Planning Commission, presented a minor subdivision for
Meyer at 1210 Venetian Drive PIN 4- 11 -1 -3. Smith said the 2 lots would be in excess of
4,500 square feet; the district is R -2 and the Planning Commission vote unanimously in
favor. A lady from the audience asked if this would lower the value of her property, the
lots in that area rear 50 feet by 100 feet and that people are not allowed to park across the
street anymore. Parker said that any construction would have to meet all city codes.
Shirley Sessions said that the plans look great and she has no objections.
Smith presented a petition for demolition of an existing structure and a variance
for rebuilding in the footprints for Knipe at 104 B Butler Avenue. Smith said the
Planning Commission voted 5 to3 in favor of granting the variance contingent upon
approval from DNR for 3 foot out of footprint. Parker said a letter from DNR must stay
in footprint. Burke said that it is not normal to be able to rebuild on a substandard lot if
you tear down the existing structure. Hughes told Council that the codes do not address
demolition of a non - conforming structure. Mac Kitchens, agent for the Knipes, said they
have addressed all the concerns from the Planning Commission. Kitchens told Council
that Jennie Butler from DNR does not think it is a huge problem. Parker asked if they
would be right on the line. Kitchens answered yes, that they are trying to get something
that would work for everybody. The structure will meet FEMA regulations. The present
house is 900 square feet; new structure will be 2 stories with parking underneath. Tom
Miller, DNR, is to mark the line, send the information to DNR in Brunswick, the NE
comer will be checked. Parker said that at that time the DNR will then issue a permit.
Kitchens answered yes. Burke asked when the Knipes purchased the property. Knipe
answered in February of 1988. Buelterman said he understood that this was before the
Planning Commission twice, it was tabled first and then approved contingent upon DNR
and they said no. Crawford told Kitchens that he just received this information, but has
visited the site; other properties are sitting further back. Kitchens said the DNR needed
the line from Tom Miller. Crawford stated that this would be a special status, he is
looking at survey and reading the letter from DNR and it appears to him that the structure
would be closer to the ocean. Kitchens answered there was a shed on the west side that
was done away with and that the structure would be moved to the south, not east or west.
Crawford asked how far in front will their house be? Parker said he understands that it
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will setback more from the water. Kitchens answered yes, there would be more space
around the house. Chuck Bargeron said that the DNR will not hear until they get a letter
from City of Tybee stating that all ordinances and codes would be adhered to, it is the
same footprint but moved over 3 feet. Crawford said the letter from DNR states
exemption, he is a property rights advocate, this will not set a precedent, DNR will not
hear until Council approves. Burke said this structure sits in front. Dean Neville handed
out a packet showing this is rental property and is rented through October. They say bad
condition and the realtors state excellent condition. Planning Commission vote against 2
times and then approved with contingencies, the easement belongs to the City of Tybee
and if structure were moved it would destroy beach access. It would be a fire hazard.
The appraiser said that this would decrease my property value by 30 %. Neville said that
Susan Shipman, DNR, is a good friend of his and she sent Ms. Butler, the photos and
footprint is documented, and if they go out of the footprint it will go back to DNR and
take 6 to 9 month. Tom Ellis said he is concerned about beach access and opposed the
variance, as it would block his view. Kitchens told Council that they were going to move
the house because we thought that is what everybody wanted, these people have a right to
use their property, this is a non - conforming structure, the lot is small and it is a hardship.
Smith presented the petition from Gordon for a variance /Special review for mixed
use in commercial zone. The property is located at 10 Jones Avenue PIN 4- 3 -15 -7.
Smith explained that there is a business on the ground floor and 3 residential units on the
second floor. Planning Commission moved to approve contingent that they come into
compliance with the codes.
Smith explained the variance request for G S Vision, LLC at Byers /Solomon/Bay
PIN 4- 22 -2 -1 on Lot 5. Planning Commission voted 7 to 1 in favor for granting the
variance contingent upon moving the existing duplex to Lot 4. Gary Renefore said that
this will be a real nice subdivision with historical homes. The duplex is now sitting on
both lots, the neighbors are agreeable to move the duplex to Lot 10. Crawford asked if it
was out of PUD? Renefore said he is keeping the lots the same and he also owns another
10 feet of Solomon Avenue. The duplex will be facing Solomon. Hughes said it was a
PUD at one time in R -1 Zone and now with one owner Lots 1,2, & 3 would be
recombined according to code. Smith told Council that back in 79 or 80 that Frank
Hernandez and a friend had the property rezoned to PUD. Youmans said it has never
been changed from that back to R -1. Bargeron said on the map it shows as R -1.
Youmans said Fleetwood had a PUD and came before Council to have it changed.
Hughes asked if it was all in one ownership then. Smith answered yes. Hughes said
automatic recombining of substandard lots of record. Smith said that the zoning was not
addressed at the Planning Commission. Hughes asked if it is all under one PIN #? Smith
answered yes, but shows as individual substandard lots of record. Hughes said the 3 lots
on Bay contiguous frontage, 2 on Solomon, so 5 lots into 3 lots. Renefore — Realtor's
individual PIN #'s. Hughes — tax office will put whatever you want. Youmans — R -1
12,000 square feet. Hughes — different owners then 5 lots; one owner would be 3 lots
under ordinances. Parker - will research the PUD issue. Crawford — PUD failed, owners
almost lost property, small scandal on Tybee, and there are 5 lots of record. Hughes said
that the only thing before Council tonight is the request for a 2 -foot variance. Youmans
said that if R -1 he might not need 2 foot variance. Hughes said go ahead and request it, if
approved they don't have to act on it.
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Smith presented the Site Plan Review for a 14 -unit condo for Beaty Construction
at 102 17th Street PIN 4- 8 -18 -2. Planning Commission approved contingent upon
drainage plan being approved by the city engineers. Bargeron said that he drainage plans
have been approved. Mitzi Bernstein asked what street would the condos face. Smith
answered Butler. Bernstein questioned the parking and the setbacks. Smith answered
that they have all been addressed and are according to the LDC. Crawford asked about
zoning. Bargeron said it is C -1.
After a short break Mayor Parker opened the meeting for business legally
presented. After a discussion Council agreed to hold a workshop with the public and the
Planning Commission on July 22nd to discuss the proposed zoning changing. Barrow
left the meeting in order to attend a meeting at his church.
Youmans moved to approve the minor subdivision for Meyer at 1210 Venetian
Drive. Crawford seconded. Vote by Council was 4 in favor (Burke, Youmans,
Crawford and Buelterman); 1 abstained (Reynolds).
Burke moved to deny the variance request from Knipe at 104 A Butler Avenue.
Crawford seconded. Youmans said the Planning Commission approved. Before DNR
will hear it must be approved by Council. Vote by Council was 4 in favor (Burke,
Youmans, Crawford and Buelterman); 1 abstained (Reynolds).
Crawford moved to approve the variance and special review for mixed use in
commercial zone request for Gordon at 10 Jones Avenue. Burke seconded. Vote by
Council was 4 in favor (Burke, Youmans, Crawford and Buelterman); 1 abstained
(Reynolds).
Burke moved to approve a 2 -foot variance request for G S Vision, LLC on
Byers Street. Buelterman seconded. Youmans asked what was the hardship? Vote by
Council was 3 in favor (Burke Crawford and Buelterman); 1 opposed (Youmans); 1
abstained (Reynolds).
Youmans moved to approve site plan review for a 14 -unit condo for Beaty
Construction at 102 17th Street. Burke seconded. Buelterman said zoning allows this
and it is in total compliance. Crawford said no variances are being requested. Vote by
Council was unanimous.
Burke moved to approve the alcohol beverage permit for beer and wine at
Crab daddy's in the name of Cathy MacPhearson located at 1311 Butler Avenue.
Reynolds seconded. Vote by Council was unanimous.
Youmans moved to adopt Section 2 -4 -14 Overtime /Compensatory time off;
approval designation concerning deleting the compensatory time accrual for employees
on first reading. Crawford seconded. Vote by Council was unanimous.
Youmans moved to exclude the planning commission from Section 9 -6 -1 through
4 Conveyance of Property to Abutting Owners. Crawford seconded. Vote by council
was 4 in favor (Burke, Youmans, Reynolds and Crawford); 2 opposed (Buelterman and
Barrow). Youmans moved to adopt Section 9 -6 -1 through 4 Conveyance of Property
to Abutting Owners on first reading without reference to the planning commission
being included. Crawford seconded. Vote by council was 5 in favor (Burke, Youmans,
Reynolds, Crawford and Barrow); 1 opposed (Buelterman).
Parker read a letter commending Janice Elliott for achieving her Level 1
certification in the Finance Officers Association.
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Parker announced that Youmans had been elected President of the GMA 12th
District.
The Marine Science Center lease will be discussed again at the August meeting.
Council approved to request the CORPS to look into an artificial surf break.
Buelterman moved and Burke seconded. Vote by council was unanimous.
Hughes explained the correspondence from him to Mayor and Council dated June
21, 2002 stating that they need to file a disclosure with the clerk of council stating if they
or any family member whose property in the zones that will be discussed.
Buelterman said he contacted the tree foundations and they said they would plant
oak trees on Tybee free of charge.
Thomson addressed Council on the on going projects and would like council to
approve a workshop with Hussey, Gay, Bell and DeYoung, the Water Sewer Director and
the Public Works Director. This workshop would be scheduled for the last week in July
or the first week in August.
Council agreed that the sooner the better for the beach project being handled by
Olsen & Associates.
Youmans moved to adopt a zoning text amendment for the definition of front
yard on second reading. Burke seconded. Vote by council was unanimous.
Youmans moved to adopt Section 5 -080 with the additional wording on
longevity for a site plan on second reading. Crawford seconded. Vote by Council was
unanimous.
Crawford moved to adopt Section 5- 060 "E" LDC in its second reading.
Youmans seconded. Vote by council was 5 in favor (Burke, Youamsn, Reynolds,
Crawford and Barrow): 1 opposed (Buelterman).
Burke moved to approve Section 6 -1 -10 C Aid to Construction on its second
reading. Buelterman seconded. Vote by council was unanimous.
Burke brought up the subject of the missing money, lack of missing money stating
that Council did not get an adequate answer. Hughes told Council that they had asked for
additional information at their meeting. Crawford asked who hired the present auditor?
Crawford believes it is a conflict of interest, actions of the former Council, not trying to
point a forger but there has been a lot of discussion, the charter states that Council
approves the audit firm. Parker said Council approved the audit firm. Youmans said that
if anybody thinks the auditors made these errors they are wrong. The auditors found the
errors. Parker said Council should not question the ethic of the auditors. Crawford said
he asked the auditors if they knew where money was, where or how it was spent. If there
is still a question of where the money was spent then the City should take a vote on
getting another firm to see about it. Buelterman said that the auditor and staff have been
told to investigate and bring information to the August meeting. Crawford said sooner or
later an investigation into the $50,000 of tax money and nobody knows where it was
spent — it really is $138,000. Barrow said that when he voted to accept the budget
adjustments in order to send the 2001 audit to the state with the understanding that a
solution to the problem be found, not being swept under the carpet. Youmans said that
the auditor should continue until the $50,000 is found. Hughes said the answer could be
found in the billing or software conversion. Thomson said that a water customer was
billed $26,000 in December of 2000 that the bill was adjusted in the centralized
collections but there is no journal entry for the correction to the receivable. The billing
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error was not corrected in the system. Crawford said that he has listened to all comments,
none of us are accountants, referred to the management letter of June 14, problems are
still there, certified public accounting, this is where money, went don't blame the
newspaper.
Crawford asked about he CAT meeting that was canceled. Parker said the
chairman asked that it be changed to sometime in August. Youmans said he understands
that the big wheels refused to meet.
Mayor Parker adjourned the meeting, as there was no further business to come
before Council.
Clerk of Council
Mayor Walter W. Parker
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AMENDMENT TO ORDINANCE §
An Ordinance to amend the Code of Ordinances for the City of Tybee Island and
the Land Development Code to amend the defintion of Front Yard;
It is hereby ordained by the governing authority of the City of Tybee Island that the
Code of Ordinances, Section 8, Land Development Code "definitions" is hereby amended
as follows:
The definitional section pertaining to "front yard" shall be amended so as to delete
therefrom the phrase:
Through lots and corner lots must meet front yard requirements where the
lot abuts a street
- and -
So thereafter, the section shall read as follows:
a. Front Yard: A yard across the full width of the lot extending from the front line of
the lot.
ADOPTED THIS DAY OF , 2002.
MAYOR
Al EST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
G:\ COMMON \EM11\14536\ORDINAN\o2\AMEND - CD.ORD
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5 -080 C Site Plan Longevity
ORDINANCE NO 2002 -15
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) 080 Site Plan Approval, be amended
with the addition of Paragraph C Site Plan Longevity 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,
and Mayor and Council with information pertinent to how a new development will affect the
surrounding area and the City as a whole. Where no variance is necessary for the intended
project, or development, there is no evaluation process or set of regulations other than what is
required to be shown on the site plan and listed upon the application. Where no variance is
requested, site plan requirements are intended as a tool for public information. Where a
variance and /or zoning action is requested in connection with a site plan, the standards
applicable to the variance and /or zoning action applied for shall apply.
(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 site plans, site plan review may be the first step in the permitting process,
however, the site plan should identify any other zoning actions necessary in order for
the intended development to be constructed so that a public hearing can be held on all
such zoning actions simultaneously with the public hearing on the site plan. Site plan
approval should encompass approval of all other zoning actions necessary to
accomplish the development, however, if the intended development is to be altered
from an approved site plan, additional public hearing and review is necessary if an
additional special review, variance or map amendment is necessitated by the proposed
alteration. (ORD. 1999 -26; 8/12/99)
(+C) Site Plan Longevity. After a site plan has been approved by the Mayor and Council it
shall be valid for a period of thirty six (36) months from the date of approval. If a
building permit is not issued within said thirty six (36) months, an extension of up to •
.141 H.. , - su w t ' < _ ' t _ o het eb * a ae®a
In the absence of an extensiu or at the end of amp extension, if a building permit has not
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been obtained, the
x sptittcd .for site pl
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5 -080 C Site Plan Longevity
plan approval si
PPr yaa
validr thirty
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application for sib
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larval must be submitted and the poor
-15; 7.1
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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
Jacquelyn R. Brown, Clerk of Council
1st Reading:
2nd Reading:
Enacted:
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8 -5 -060 Public Hearing
ORDINANCE NO. 2002-16
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) 060 Public Hearing Requirements
subsection (E), be deleted in its entirety to read as follows:
Section 1. Section 5 -060 is hereby amended to read as follows
5 -060 PUBLIC HEARING REQUIREMENTS
Whenever a zoning action or subdivision procedures take place, a hearing must be held before the
public. When an applicant requires more than one zoning action or subdivision procedure for a
development project, a separate public hearing must be held for each procedure or action. In Tybee
Island there are two public hearings held for each zoning action or subdivision procedure. One
before the Planning Commission and the other before the Mayor and Council. The Public Hearing
before the Mayor and Council is by record the official public hearing. The purpose of each public
hearing is to discuss information pertinent to the particular action or procedure. During the hearing
the following rules and actions shall be followed:
(A) General Rules of Conduct
Whenever a public hearing is required by this ordinance or by state law prior to consideration of
a zoning action, such public hearing, whether conducted by the Mayor and Council or the
Planning Commission, shall be conducted in accordance with the following procedures:
(1) The public hearing shall be called to order by the presiding officer.
(2) The presiding officer shall explain the procedures to be followed in the conduct of the public
hearing.
(3) If the subject of the hearing is initiated by an applicant other than the Mayor and Council, the
petitioner requesting such zoning decision, or the applicant' s agent, shall be recognized
first and shall be permitted to present and explain the request for the zoning decision.
Thereafter, all individuals who so desire shall be permitted to speak regarding the zoning
decision.
(4) If the request is initiated by the Mayor and Council, all members of the Council shall be
allowed to speak as they are recognized by the Mayor or presiding officer. Thereafter, all
individuals who so desire shall be permitted to speak regarding the zoning decision.
(5) When any person wishes to speak at a public hearing, he shall raise his hand and, after being
recognized by the presiding officer, shall stand and give his name, address, and make any
comment appropriate to the proposed zoning decision. If within two (2) years
immediately preceding the filing of the applicant's application for a zoning action, the
speaker has made campaign contributions aggregating to more than $250 to any member
of the Mayor and Council or any member of the City Planning Commission, it shall be
the duty of the speaker to disclose the following information five (5) days prior to the
official public hearing:
a. The name of the local government official to whom the campaign contribution or gift was
made;
b. the dollar amount of each campaign contribution. made by the applicant to the local
government official during the two (2) years immediately preceding the filing of the
application for the map amendment and the date of each contribution; and
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8 -5 -060 Public Hearing
c. an enumeration and description of each gift having a value of $250 or more made by the
applicant to the local government official during the two (2) years immediately preceding
the filing of the application for the zoning action.
d. In the event that no such gift or contribution was made, the application shall affirmatively so
state.
Campaign Disclosure Forms are available at the Tybee City Hall during normal hours of
operation. Also, Campaign Disclosure Forms shall be made available to the public at the
Planning Commission Public Hearing for use at the official public hearing before the
Mayor and Council.
(6) The applicant shall have an opportunity, after all comments in opposition have been made, to
make summary remarks concerning the proposed zoning decision.
(7) Thereafter, the presiding officer shall announce that the public hearing for the requested
zoning decision is closed, and the Mayor and Council or the Planning Commission, as
the case may be, shall immediately and openly discuss the proposed zoning decision and
vote on action which they are authorized to take.
The above rules of conduct for public hearing shall be the policies and procedures of the City
governing the calling and conduct of hearings under the Land Development Code. Copies of
these rules of conduct and policies and procedures shall be available for distribution to the
general public. In any action on a zoning decision and for each zoning decision there shall be a
minimum of 10- minutes time at the hearing for presentation of data, evidence and opinion by
proponents of the zoning decision and an equal amount of time for presentation by opponents.
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 Ordinance, City of Tybee Island,
Georgia, and the sections of this Ordinance may be renumbered to accomplish such
intention.(Ord. 1999 -06; 4/22/99)
(B) Actions Specific to the Planning Commission during a Public Hearing
In all zoning actions in the City of Tybee Island, the Planning Commission is a recommending
body and all final decisions must be made by the Mayor and Council. However, the Planning
Commission has an important role in the public hearing process. This role is as follows:
(1) All proposed zoning actions shall be reviewed by the Planning Commission in a public
hearing in accordance with the procedures set forth in Section 6 (A).
(2) The Planning Commission shall review and consider a recommendation to the Mayor and
Council with respect to the application for a zoning action. The Planning Commission
may decide to make no recommendation or it may make any of the following
recommendations with respect to an application for a zoning action: approval, denial,
deferral, withdrawal without prejudice, reduction of the land area for which the
application is made, change of the zoning district requested, or imposition of zoning
conditions; and,
(3) The Planning Commission shall submit its recommendation on a zoning action application to
the Mayor and Council prior to the scheduled public hearing in which the Mayor and
Council will consider the application for a zoning decision. If the Planning Commission
fails to submit a recommendation prior to the public hearing, the Planning Commission's
recommendation shall be deemed one of approval.
(C) Actions Specific to the Mayor and Council during a Public Hearing
(1) Before taking action on a proposed amendment and after receipt of the Planning Commission
recommendations and reports thereon, the Mayor and Council shall hold a public hearing
on the proposed amendment at their next scheduled meeting.
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8 -5 -060 Public Hearing
(2) So that the purpose of this zoning ordinance will be served and so that health, public safety
and general welfare will be secured, the Mayor and Council may in its legislative
discretion:
a. Approve or deny the proposed zoning action as submitted,
b. Reduce the land area for which the application is made,
c. Change the zoning district to one other than that requested; or,
d. Add or delete zoning conditions as the Mayor and Council deems appropriate.
(3) An action to defer a decision on the proposed amendment shall include a specific meeting
date to which the proposed amendment is deferred. The Mayor and Council may also
approve a withdrawal of an application, and if so stipulated by the Mayor and Council in
its decision to approve withdrawal, the twelve (12) month limitation on re -filing of the
application for the same property shall not apply.
(D) Public Hearings Records Standards
The City Clerk or an agent of the City Clerk shall mechanically record the proceedings of all
zoning public hearings. If requested by any party, verbatim transcripts of the public hearing can
be prepared, but only if requested and purchased in advance by the requesting party, who must
arrange at his expense for a certified court reporter to record and transcribe the hearing and
furnish the original of the transcript to the Mayor and Council for its records. The record of the
public hearing and all evidence (e.g., maps, drawings, traffic studies, etc.) submitted at the public
hearing shall be noted as such and shall become a permanent part of the particular zoning action's
file.
(E) Public Hearing Scheduling
In- all-zening actions matters requiring- a- publie hearing,-the-following procedures shall -apply
(�} Prior- to-any matter coming-before tho Planning Commission for -a -public, hearing -the
applicant may attend -a Planning Commission agenda meeting -te present -the applicant's -plan -te -the
-
(2) The Planning - Gerniniesien public hearing shall -be -advertised -pursuant 4e -the Zoning
(15) days nor less than fifteen (15) days bcforc the hearing. If at the conclusion the public hearing before
the-Planning Commission,-the Planning Commission recommends approval-ef -the app}icatiei,-the -em
(-3) Notice of the public hearing bcforo the Mayor and Council shall be provided as required
by the Zoning Procedures Law and shall eeeur ne mere than forty five (45) day nor less than fifteen (15)
days before the hearing before Mayor and Council.
(4) If-at the conclusion of the - public hearing bcforo the Planning Commission, the Planning
Commission-and-the • - T. - • 4e - - , - -a-review
e €-the -e -i€ le Planning refuse's 4e -recommend -the zqplieatienls request -OF
reeex ends denial- ef-the application,- if-any way does-net act-te- approve tho application,-the
applicant may -then request that -the matter -- be-adveft-ised for -a - public -hearing - before -the -Mayer -and -
Council. -Te -make this request-the applicant- should direct -a-men request44he Zoning Administrator
stating that -a- public hearing- en4hhe-applieantls matter- is_requested before - hem -and Council. -If-ne
such request -is- made -hem shall -net -be _ roferred 4e -the _ Mayor -and Council for -a-public/-
Page 3 of 4
1
1
1
8 -5 -060 Public Hearing
(60) -day -of -the - public, hearing -before -the Planning -or -applicant rcinstato
proceedings- before -the Planning -Comte rather-than their weeding -et-he Mayor -aad Council. -If
the Planning does -net - initially - approve -an application -and -the - applicant -takes -
mod ications, changes, alternations, etc.,4n- ection-with -lie -sect matter-of-the application, -he
matter- maybe- considered -at-a regulars special meeting-ef-the Planning-Commission-and acted -open
2000 11;'1/13100)(Ord. 2002 -16; 7/11/2002) Elimated subsection "E"
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
Jacquelyn R. Brown, Clerk of Council
1st Reading:
2nd Reading:
Enacted:
Page 4 of 4
JUN.1212002 15:42 9122382767 CALLA WAY,SRAUN,RIDDLE,CHJGHES, ?,c #4970 P.002i003
ORDINANCE No.
AMENDMENT TO ORDINANCE 64-io(C,
An Ordinance to amend the Code of Ordinances for the City of Tybee Island and
the Land Development Code to amend Ordinance 6- 1- 10(C).
WHEREAS, the Mayor and Council of the City of Tybee Island has previously
adopted an aid to construction ordinance; and
WHEREAS, certain revisions to the ordinance are necessary in order to update the
provisions and to clarify the intention thereof; and
WHEREAS, the Mayor and Council of City of Tybee Island seek to expand, upgrade
and improve the existing waste water treatment facilities and to improve upgrade and/or
expand the collection systems thereof for; and
WHEREAS, the Mayor and Council of the City of Tybee Island desire to ease the
burden of such upgrades, improvements and/or expansions of it facilities on the current user,
and
WHEREAS, the Mayor and Council of the City of Tybee Island deem it advisable
to assess an aid to construction fee when existing strictures are expanded with additional
habital living space; and
NOW 'THEREFORE IT IS HEREBY ORDAINED by the governing authority of
the City of Tybee Island that section 6- 1 -1O(C) of the Code of Ordinances, City of Tybee
Island, Georgia, is hereby amended to read as follows:
1
JUN.12'2002 15:43 9122382767 CP. LLPWAY ,BRP.UN,RIULiE &HUGHES,P.0 #4970 P.003/003
(C)
2. The Aid to Construction Fee shall be set by the City Council as an aid to the
cost of expanding or. npgrang the City's wastewater treatment facilities
and /or collection system including future expansion of the plant or upgrading
of facilities (including legal, engineering, construction and administrative
costs) at $4.00 per gallon per day of anticipated use.
Adding Paragraph Five (5).
5. In connection with additions of heating and/or cooled space to existing
structures, the aid to construction fee shall apply upon application for a
building permit to such structures and shall be calculated at the rate of
$.50 per square foot of the additional heated and/or cooled space.
* $1,200/Unit minimum; $1.00 per foot above 1,200 square foot
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACt'ED:
GA COMMO1VNEM11114 5361ORDINAMOZAIDCONSC
Type of Structure
Water Usage in Gallons Per Day
Aid to Construction ($4.lunit
Residential Construction
—_
$1. per square foot of *
heated and/or cooled space
Adding Paragraph Five (5).
5. In connection with additions of heating and/or cooled space to existing
structures, the aid to construction fee shall apply upon application for a
building permit to such structures and shall be calculated at the rate of
$.50 per square foot of the additional heated and/or cooled space.
* $1,200/Unit minimum; $1.00 per foot above 1,200 square foot
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACt'ED:
GA COMMO1VNEM11114 5361ORDINAMOZAIDCONSC
1
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6 -1 -10 Aid to 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 6 Municipal Utilities, Chapter
1 Water Supply and Distribution, Section 10Tapping/stubbing fees, and Aid to Construction 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) Water and Sewer Tap and Stub Fees
Water Tap Fees
Sewer Tap /Stubbing Fee
Dollar Amount 'Water _Meter Size
550
.............__.
818.40 in
1573
1887.60
,Alve:2"
550
818.40.E
.........:.................
1573 1 l/2""'.
1887.60 "
Above 2"
* AS DETERMINED BY THE CITY MANAGER
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.
(B) Meter Costs - Additional
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 $350.00
five- eights (5/8) inch
( 2) One inch 520.00
( 3) One and one half (1 1/2 ") inch 1000.00
(4) Two inches 1200.00
Page 1 of 4
1
1
(5)
Above two inches will be
cost plus twenty -five (25 %)
percent.
6 -1 -10 Aid to Construction
(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:
(ORD. 1998 -08; 3/26/98)
NEW
(C) Whereas, the Mayor and Council of Tybee Island, Georgia seek to expand the City's existing
wastewater treatment facilities, and
Whereas, the Mayor and Council of Tybee Island, Georgia, desire to ease the burden of such
expansion of its facilities on the current users, the City Council shall enact the following Aid to
Construction to be applied to customers that wish to connect to the City's wastewater utility system;
Now therefore, be it enacted and ordained by the Mayor and Council of Tybee Island that:
1. In order to connect to the City's Wastewater Utility System all users shall pay an Aid to
Construction Fee in addition to any tap or other fee required. The Aid to Construction Fee shall be paid
prior to connecting to the City's Wastewater System. A written agreement between the City and each
user will be executed upon payment of fees and prior to construction of facilities.
2.
.The Aid to Construction Fee shall be set;
by the City Council as au. aid to the cost of expanding or upgrading the City's wastewater treatment
facilities and/or call tidn system ihcluling futur expansion of the plant or upgrading; of fades'
(includ" g legal, engineering, A and admhtistrative osts) at $4.00 per galore per day or
anticipated use.(Ord. 2002 -17; 7/11/2002).
3. The Aid to Construction Fee shall be calculated by the City and shall be based on the average
daily consumption of each type of establishment as outlined in Number 4 below.
4. The following Water Use Standards shall be used by the City in establishing the average daily
consumption of users for the purpose of calculating the Aid to Construction Fee. Where categories are
not listed, the City through its Consulting Engineer will calculate the project's contributory load factor
(wastewater usage) and present the calculated load factor to the City Council for approval.
5. I c • nncctio with • • e,' Y • ®s ti ! ` .tin! « or t o +. s a ` to tin ± 2 es th' id to
construction fee. shall apply upon : appHeatipn' for a build' E g nit io: such structures and ,shall he
calculated..at tkze rate of 50£ per square foot afthe acid tinal he
* $1 201 /(n t minimum; ', 1.0 per foot ah r l 00 s lie ooL(Ord. 2002 -17; 7/11/2002)
Type of Structure Water Usage in Gallons Per Day Aid to Construction @$4./Unit
Apartment, (& Other Dwelling 150 per bedroom 699-*
Units)
Assembly Hall
Barber Shop/Beauty Parlor
Boarding House **
Bowling Alley
Church without Day Care or
3 per seat
125 per chair
100 per room
50 per lane
5 per seat
Page 2 of 4
12
500
400
200
20
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Kindergarten
Clinic
Correction Institution
Country Club, Recreation
Facilities Only
Day Care Center, no meals
Dental Office
Department Store
Drug Store
Fountain Service - Add
Meals - Add
Food Service Establishments
with Restrooms and Kitchen **
1.) Restaurant, less than 24 hours
per day operation
2.) Cafeteria, less than 24 hours
per day operation
3.) Restaurant, 24 hours per day
operation
4.) Drive -in Restaurant
5.) Carry-out Only
Hospital
Hotel, No kitchen
Kindergarten, No Meals
Kitchen for Day Care,
Kindergarten
Laundry, Self Service
Laundry, Commercial
Mobile Home Park
Motel, No Kitchen
Nursing/Personal Care Home
Office
Physician's Office
Prison
Schools:
1.) Boarding
2.) Day, Restrooms only
3.) Day, Restrooms and Cafeteria
4.) Day, Restrooms, Gym,
Cafeteria
Service Stations:
1.) Car Wash Only
2.) Fuel and Oil Only
3.) Full Service
Shopping Center
Stadium
Tavern, Bar, Cocktail Lounge -
No Meals
Theater
6 -1 -10 Aid to Construction
150 per exam room
125 per bed
25 per member
15 per person
200 per chair
10 per 100 sq.ft.
500 per store
1500 per store
50 per seat
32 per seat
63 per seat
100 per seat
50 per car space
75 per 100 sq.ft.
250 per bed
100 per room
15 per person
20 per person
200 per machine
1,000 per machine
300 per site
100 per room
150 per bed
30 per 200 sq. ft.
200 per exam room
60 per person
100 per person
15 per person
20 per person
25 per person
1,000 per stall
300 per pump
850 plus 300 per pump
10 per 100 sq, ft.
2 Per Seat
30 per seat
600
500
100
60
800
40
2000
6000
200
128
252
400
200
300
1000
400
60
80
800
4000
1200
400
600
120
800
240
400
60
80
100
4000
1200
3400 & 1200
40
8
120
5 per seat 20
Page 3 of 4
1
Travel Trailer Park
1.) With independent Water and
Sewer Connection
2.) Without independent Water
and Sewer Connection
Resid nr i l constructio
ORD. 2002 -17. ;711. 1 —2)
6 -1 -10 Aid to Construction
175 per site
35 per site
700
140
1 per
anchor cools
quat+
.heg.
* 99/Bedreem , $1200 Max. for 2 or Morc Bedrooms
** Add 500 Gallons per machine to amount indicated if laundry or dishwashing machines are to be
installed. (ORD. 1999 -18; 06/10/99)0rd. 2002 -12; 6/13/2002)
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 , 2002
Mayor Walter W. Parker
1st Reading: 6/13/2002
2nd Reading: '711110
Enacted: i 10