HomeMy Public PortalAbout120_020_PH Ord 26-2013, Sec 4-050 Maritime District MAYOR CITY MANAGER
Jason Buelterman Diane Schleicher
CITY COUNCIL ° CLERK OF COUNCIL
Wanda Doyle,Mayor Pro Tem Janet LeViner
Barry Brown b4
Jan Fox CITY ATTORNEY
Bill Garbett w Edward M.Hughes
Torn Groover
Wolff
CITY OF TYBEE ISLAND
City Council Agenda Item Request
Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on
the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline,the item
will be listed on the next scheduled agenda.
Council Meeting Date for Request: August 8, 2013
Item: Public Hearing
Explanation: Text Amendment—Ordinance 26-2013; Section 4-050, District Use Regulations; consideration of
Site Plan Approval and Special Review requirements for Maritime District
Budget Line Item Number(if applicable): N/A
Paper Work: ✓ Attached *
Audio/Video Presentation **
* Electronic submissions are requested but not required. Please email to ileviner @,cityoftybee.org.
** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on
the Thursday prior to the scheduled meeting.
Submitted by: Dianne Otto
Phone/Email: (912) 472-5031 /dotto@cityoftybee.org
Comments: none
Date given to Clerk of Council: July 31, 2013
* * *
P.O. Box 2749—403 Butler Avenue, Tybee Island, Georgia 31328-2749 *Certified
(866)786-4573—FAX(866) 786-5832 i City of j
Ethics f
www.cityoftybee.org �
,,.. ,;dry'
::' r r
a
9r 3s�
PLANNING COMMISSION
NOTICE OF DETERMINATION
Meeting date: July 16, 2013
Project Name/Description: Section 4-050, District Use Regulations
Action Requested: Text Amendment
Special Review Subdivision:
Site Plan Approval Sketch Plan Approval Conceptual
Zoning Variance Preliminary Plan Approval
Amendment to Zoning Map Final Plat Approval
Text Amendment to Land Development Code X Minor Subdivision Major Subdivision
Petitioner has met all documentation requirements, all external approval requirements, and all code
requirements, except for the following:
VOTE FOR AGAINST COMMENTS
Bishop X
Borkowski X Motion to approve
Bramble X _
Callahan X Second
Marion Absent
McNaughton X
Parks Chair
The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued
Planning Commission Chair: Date:
Planning&Zoning Manager: 0 Date: `�-( 1 3
Tybee Island
Zoning Map
M-D District only
Pj
1 /;"),j'-/--
r
;• l' 1 j/j °.•
i M. �„/
_ _ - 7__ ALL.HWY.as_ __ -
L
•
I
k '\
\ '\'!:,: - ,5,,,,,,-, N._ , NI"-.. .
_ --- )-
/' '.."'
ri\
ilL7 4/7\\\..--. .. ( , L-I
Sec. 4-050. - District use regulations.
(L) Maritime district. The purpose of this district shall be to protect the character of the commercial development
along Lazaretto Creek within the city limits. In the maritime district, land may be used and buildings or
structures may be erected or used for the following purposes.
(1) Uses permitted by-right after site plan approval. In a maritime district, land may be used and buildings or
structures may be erected or used for the land uses listed below after a site plan has been submitted to
the designated city official, the planning commission has reviewed the site plan and made comments,
and the mayor and council has granted site plan approval at a scheduled meeting.
a. Boat launching facilities;
b. Bait shops; and
c. Retail sale of boating provisions.
(2) Uses permitted after special review and site plan approval. In a maritime district, land may be used and
buildings or structures may be erected or used for the land uses listed below after a site plan has been
submitted to the designated city official, a hearing has been held by the planning commission, and the
mayor and council has granted approval at a scheduled meeting. At these public meetings, the
proposed land is reviewed under criteria for both site plan approval and special approval.
a. Aquaculture projects;
b. Assembly hall, club, or lodge;
c. Boat building and repair facilities;
d. Commercial charter or sightseeing watercraft facilities;
e. Commercial fishing and crabbing;
f. Government buildings;
g. Marina;
h. Recreational activities carried on wholly within a building including theaters, dance halls, and
activities of a similar nature;
i. Passenger cruise lines;
j. Private or community dock;
k. Public utility structures;
I. Retail sales other than boating provisions;
m. Wholesale/retail seafood/sales/warehouses;
n. Restaurant-(no alcohol)- limited to sit down facility with no drive through;
o. Restaurant, sit down facility which serves alcoholic beverages (must have council approval for
liquor, beer, wine, and Sunday sales)and no drive through.
(3) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a
policy pertaining to special use of designated off-street parking areas in the maritime district so as to
allow a commercial business to use its private off-street parking area for an outdoor event when all of
the conditions are met under the policy. The policy is on file with the clerk of council and with the zoning
department. The policy may be changed from time to time by the mayor and council in accordance with
this code.
Neither a site plan nor special approval is required on internal changes to existing structures unless it causes
or requires external changes to meet the requirements of this Land Development Code.
07.08.2013
ORDINANCE NO. 26-2013
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
AMENDING SECTION 4-050,DISTRICT USE REGULATIONS
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is
authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt
reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of
Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the
Mayor and Council thereof,and
WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and
home rule powers, and
WHEREAS, the City of Tybee Island desires to amend the Code of Ordinances as to Section 4-
050. district use regulations;
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee
Island:
SECTION 1
That Section 4-050 be amended so that it will read as follows:
Sec. 4-050. -District use regulations.
(L) Maritime district. The purpose of this district shall be to protect the character of the commercial
development along Lazaretto Creek within the city limits. In the maritime district, land may be used
and buildings or structures may be erected or used for the following purposes.
(1) Uses permitted after site plan approval. In a maritime district, land may be used and
buildings or structures may be erected or used for the land uses listed below after a site plan
has been submitted to the designated city official, the planning commission has reviewed the
site plan and made comments, and the mayor and council has granted site plan approval at a
scheduled meeting.
a. Boat launching facilities;
b. Bait shops; and
c. Retail sale of boating provisions.
(2) Uses permitted after special review and site plan approval. In a maritime district land may be
used and buildings or structures may be erected or used for the land uses listed below after a
site plan has been submitted to the designated city official, a hearing has been held by the
planning commission, and the mayor and council have granted approval at a scheduled
meeting. At these public meetings, the proposed land is reviewed under criteria for both site
plan approval and special approval.
a. Aquaculture projects;
b. Assembly hall, club, or lodge;
c. Boat building and repair facilities;
d. Commercial charter or sightseeing watercraft facilities;
e. Commercial fishing and crabbing;
f. Government buildings;
g. Marina;
h. Recreational activities carried on wholly within a building including theaters, dance
halls, and activities of a similar nature;
i. Passenger cruise lines;
j. Private or community dock;
k. Public utility structures;
I. Retail sales other than boating provisions;
m. Wholesale/retail seafood/sales/warehouses;
n. Restaurant-(no alcohol)- limited to sit down facility with no drive through;
o. Restaurant, sit down facility which serves alcoholic beverages (must have council
approval for liquor, beer, wine, and Sunday sales)and no drive through.
(3) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has
adopted a policy pertaining to special use of designated off-street parking areas in the
maritime district so as to allow a commercial business to use its private off-street parking
area for an outdoor event when all of the conditions are met under the policy. The policy is on
file with the clerk of council and with the zoning department. The policy may be changed from
time to time by the mayor and council in accordance with this code.
Neither a site plan nor special approval is required on internal changes to existing structures
unless it causes or requires external changes to meet the requirements of the Land
Development Code.
SECTION 2
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
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become effective 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.
SECTION 5
This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to
the ordinances of the City.
ADOPTED THIS_DAY OF , 2013.
MAYOR
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
Tybee/Ordinances/2013/26-2013 Sec 4-050,district use regulations-07.29.13
Sec. 5-020. Permits or actions required by this Land Development Code.
[subsections (A) and (B) only]
The following are permits or actions that may be required depending on the construction and
particular land use district for which it will take place.
(A) Special review permits. There are specific land uses permitted in certain zoning districts only
after a review by the planning commission, a public hearing has been held by the mayor and
council, and the mayor and council has determined that the use is appropriate based on
certain criteria. These uses are listed throughout article 4 and the criteria listed in section 5-
070. See section 5-040(A)and (B), and section 5-070
(B) Site plan approval. All land development activities other than residential one and two-family
structures, regardless of the zoning district, must present a site plan of such development to
the planning commission for review, and to the mayor and council for approval prior to the
issuance of any land development permits. In the C-1 zoning district, all land-disturbing
activities require site plan approval. See section 5-040(A) and (C), and section 5-080
MINUTES-PARTIAL
Planning Commission Meeting
June 18,2013—7:00 p.m.
Text Amendment—Section 4-050(L), Maritime District
Ms. Otto—This Text Amendment, in Article 4 of the Land Development Code Section 4-050(L), is the Maritime District's
outline of what particular uses are permitted within that zone. Maritime District on Tybee Island is located to the
extreme west. When you are coming to the island and have crossed the Lazaretto Creek bridge,to the north and south
are the properties zoned Maritime District. There are four owners with one of them being the City of Tybee;three
others are owned by private individuals. As currently written,this section of the Land Development Code says there is a
list of uses permitted by right. This is being brought to your attention because there is a conflicting ordinance in Article
5 that would require Site Plan Approval. That section is 5-020, Permits or Actions Required by this Land Development
Code, subsection (B)Site Plan Approval. It reads, "All land development activities other than residential one and two-
family structures, regardless of the zoning district, must present a site plan of such development to the planning
commission for review, and to the mayor and council for approval prior to the issuance of any land development
permits." For C-1,which is not what we are discussing, it also says, "all land disturbing activities require site plan
approval." It was staff and legal's opinion that by having Section 4-050(L)(1)state that the following uses were
permitted by right was somewhat misleading to those who would read only that section and believe that there was no
review required for any of their projects. Staff has proposed adding, Uses permitted by right after Site Plan Approval.
Also inserted here you will see the words Special Review. That is more discretionary if you choose to add that additional
layer of review for these uses in this zone. The Site Plan Approval part of the sentence would make this requirement
match the requirement in Article 5. As you are aware,Site Plan Approval is when those items are brought to you and if
all of the required components of a development meet the code,there is no allowance for requiring special
accommodations or requests. If it meets the code, it's to be approved and is strictly a process to bring attention to the
public that this is occurring. With Special Review,that gives this body,and the mayor and council,the authority to
impose certain conditions if they desire. Staff is asking that the text, Use permitted after Site Plan Approval, be added to
match Article 5. If you desire to also require Special Review that would allow any such developments to also have that
layer where the City can have input on what a development looks like.
Mr. Parks—We took out two sections that were reserved for special interests or reserved for future use and came up
with a number two. Is this in the current wording?
Ms. Otto—The only proposed change is the one sentence. Instead of reading, Uses permitted by right,that was
changed. For some reason, in the ordinance,the second paragraph in the ordinance is numbered as 3 with there not
being a paragraph 2,so there is a minor cleanup to make this last paragraph as number 2 because there is not one.
Mr. Parks—Whose idea was the Special Review?
Ms. Otto—It was staff. If you look through Article 4 at the various other listings of what are uses permitted by Special
Review, uses permitted after Site Plan Approval and Special Review, it seemed to match more closely the development
in that particular zone. An example, because only commercial type activities are allowed in the Maritime District and
not any residential uses, if you go to C-1 in Article 4,there is a category of Uses permitted by right after site plan
approval. Those are the residential uses allowed in C-1 along with gift shops, restaurants, and other retail stores. When
you get to the second category in that zone, it's Uses permitted after special review and site plan approval which would
match what this is. The items listed there would be bars, stores selling liquor, and dwellings for special events in order
to have that extra layer of review. It's basically the same in C-2,as far as how those are handled. In the Neighborhood
Marina district,the uses permitted by right after Site Plan Approval are boat launching facilities, bait shops, and retail
sales of boating provisions but the list for uses permitted after Special Review and Site Plan Approval are again the
alcohol sales, bars, package stores, restaurants,water craft and equipment rental,watercraft sales, dry dock storage,
wholesale,and retail seafood sales, and machine repair shops. The thought by staff was that given the parameters for
other zoning districts and the uses that are being listed in the Maritime District,that Special Review seems to match
1
more closely with how the other zoning districts were established. The thought was, by saying Uses permitted by right,
that it was misleading knowing that there is a section in Article 5 that is quite contrary to that by requiring it to have Site
Plan Approval.
Mr. Callahan—This ends up saying that nothing is permitted by right in the Maritime District, correct?
Ms. Otto—Correct. It matches the other areas that require Site Plan Approval and there are no commercial
developments allowed anywhere without Site Plan Approval.
Mr. Callahan—I thought almost every zoning district had some uses permitted by right.
Ms. Otto—The residential, and in C-2 when you want to build residential,there is no review. Even in C-1, review of
residential is required.
Mr. Callahan—Your argument for the change basically is these being commercial type facilities.
Ms. Otto—Yes.
Mr. Callahan—You think to match up with the rest of the commercial zoning that these uses need to have Special
Review and Site Plan Approval.
Ms. Otto—Definitely Site Plan Approval. Section 5-020(B)states that all commercial development requires Site Plan
Approval. The intent here would be that someone reading this and not knowing that these two sections are contrary to
one another, it would make Section 4-050 match what is already required in Section 5-020(B).
Mr. Marion—You are just looking for continuity with the language.
Ms. Otto—Yes. I refer people to our website to look up information about their particular projects and I wouldn't want
someone to read Section 4-050, as it is currently written, and think there isn't a Site Plan Approval component to what
they want to do,when there is. It is in a completely different area in the code.
Ms. Bramble—If wording was included about adding provisions, is that where they can restrict the lighting since we
don't have a lighting ordinance?
Ms. Otto—No,the restrictions could only be to code. If you recall,there are a number of examples,when 211 Butler
development was here,in a C-1 zone,they asked for a development that had access from both Butler Avenue and from
Third Street. When that came to City Council they approved it with the condition that the Third Street access could not
be developed. Site Plan Approval process doesn't allow that type of standard or any conditions to be placed on it. If it
was something that the developer said was a good idea and I'll do that,that wouldn't be an issue. When it is something
that is a hardship to the developer or that doesn't fit what their design or plans were for the property,the City doesn't
have the right, by our codes,to impose conditions like that. By adding the different sections we refer to in Article 4
about the different types of developments that require Site Plan and which ones require Site Plan and Special Review, it
would for this district, by including Special Review, allow the City to have that input on what a development could be
rather than having to approve whatever is proposed if it meets the code.
Mr. Borkowski—If you look under(G)where it has the Marina district, and you have uses permitted by right after Site
Plan Approval,they are boat launching facilities, bait shops, and retail sale of boating provisions. That's in the Marina
district and this has bait shops and boat launching facilities which seem to be inconsistent.
Ms. Otto—I'm looking at(G) with you. In subsection 3,there are the few items that are just after Site Plan Approval and
the more intensive,or perhaps items that the neighborhood may have input greater on,they require both Special
2
Review and Site Plan which again was the restaurants,the liquor stores, bars,the more intense uses other than just
being a marina and bait shop.
Mr. Callahan—Are you suggesting we split these up?
Mr. Borkowski—This is to add consistency to the code, is that correct? It seems like that should be cleaned up too.
Ms. Otto—That is an option.
Mr. Borkowski—You can combine 3 and 4 and use Special Review and Site Plan Approval and then you have that
consistency and it not allow for controversy.
Mr. Parks—I was hoping that you would say Special Review because this is a delicate area on the marshes. It's
environmentally important, a major tourist attraction,and just the general importance of this area to the island welfare
and of the community.
Ms. Otto—That was certainly understood.
Mr. Parks—I can see where the Marina area should be brought into line also. Can you bring it to us?
Ms. Otto—I can.
Mr. Parks—Other questions for staff? [There were none.]
Ms. Otto—I will work on this and bring it back at your next meeting.
Minutes by Jerris Bryant
3
Tybee Island
Zoning Map
N-M District only
k 4174.
t• 4440 Yoe& / ,,, --/ rap, .."
‘11,
‘Iii,
\ % , 10,4,9k, r ,.. t',..4 11:: 4 ''
.‘ ,, ,,40.1.:51 41.70 ...:
1 \ V-**/ C..../ / 1 4 r -:
, i \ „, ........ ints,-.,1 i
3 v : 1, 4LiZ:ji
^i
L't i i -..... ...... ..zig-figl. ,e4.:r.
..---A., \:1\ /-744/ i
Sec. 4-050. District use regulations.
(G) N-M neighborhood marina district. The purpose of this district is to reserve those waterfront areas which have
value for commercial land uses involving pleasure and commercial watercraft. The N-M district is intended to be
used for neighborhood marina facilities with a modest scale of operation. These facilities shall be developed to
be compatible with any adjacent residential properties and shall not be detrimental to persons or property on or
off the site.
(1) General requirements. A site plan shall be submitted to the planning commission for review and to the
mayor and council for approval that meets the requirements of Article 5 and contains the following
information:
a. A document indicating the general operating hours of all activities to be included in the marina and
what safeguards are to be used to insure that the marina's activities will not become or represent a
nuisance or hazard to the surrounding property owners or tenants thereof. Examples of additional
subjects to be covered shall include, but not necessarily be limited to, probable flooding, erosion, fire,
explosion and subsidence of the proposed buildings and structures.
(2) Design standards. The development plan shall comply with the following standards:
a. Access shall be located, designed and improved for safety, convenience, efficient circulation, on the
property and minimum interference with normal traffic flow on adjoining streets. Driveways and curb
cuts intersecting with public rights-of-way shall be marked and shall not exceed a maximum width of
30 feet. Curbs, blockades, bumper blocks or other devices shall be used to control and channel
traffic, to separate pedestrian ways from vehicular ways, and to prevent entry to and from adjoining
streets except via a designated driveway.
b. Yards shall be provided as required for the adjoining districts and shall be landscaped and improved
in a manner appropriate to the residential character of the adjacent district; provided, however, that a
street front and residential side setback be a minimum of five feet when a six-foot minimum height
solid faced and continuous fence, or other structure with no openings shall be erected and
maintained. Any hedge and other screening structures shall screen the adjoining property from the
activities of the marina.
c. The structure(s) housing the activities of the marina shall not occupy more than 40 percent of the total
lot area.
d. Only one principal use sign shall be visible from the adjacent public street. That sign shall not exceed
a maximum size of 32 square feet in area nor eight feet in any outer dimension. Any sign if
illuminated shall be externally lit, nonflashing and containing no neon illumination. The maximum
height of the sign shall not exceed 15 feet above the average ground elevation of the base of the sign
or from the structure foundation to which it is attached. No sign shall be located closer than five feet
to the property line or street right-of-way.
e. Plans for extensions and/or business expansion will be accompanied by a detailed proposal and
submitted to the governing body for approval prior to implementation.
f. All structures built within this district shall comply with the same height requirements specified in
section 3-090 for R-020.
(3) Uses permitted by right after site plan approval. In an N-M neighborhood marina district, land may be used
and buildings or structures may be erected or used for the land uses listed below after a site plan has
been submitted to the zoning administrator, the planning commission has reviewed the site plan and made
comments, and the mayor and council has granted site plan approval at a scheduled meeting.
a. Boat launching facilities;
b. Bait shops; and
c. Retail sale of boating provisions.
(4) Uses permitted after special review and site plan approval. In an N-M neighborhood marina district, land
may be used and buildings or structures may be erected or used for the land uses listed below after a site
plan has been submitted to the zoning administrator, a hearing has been held by the planning commission,
and the mayor and council has granted approval at a scheduled meeting. At these public meetings, the
proposed land is reviewed under criteria for both site plan approval and special approval.
a. Lounges and package shops, for the retail sale of malt and alcoholic beverages;
b. Restaurants;
c. Watercraft and equipment rental;
d. Watercraft sales and dry dock storage;
e. Wholesale and retail seafood sales; and
f. Machine repair shops.
(5) Notwithstanding any approved site plan or any other ordinance to the contrary, the city has adopted a
policy pertaining to special use of designated off-street parking areas in N-M neighborhood marina district
so as to allow a commercial business to use its private off-street parking area for an outdoor event when
all of the conditions are met under the policy. The policy is on file with the clerk of council and with the
zoning department. The policy may be changed from time to time by the mayor and council in accordance
with this code.
Neither a site plan nor special approval is required on internal changes to existing structures unless it causes or
requires external changes to meet the requirements of this Land Development Code.
07.08.2013