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HomeMy Public PortalAbout130_050_2nd Reading Ord 35-2013-A; R-2 Uses After Special Review MAYOR :- CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Jan Fox CITY ATTORNEY Bill Garbett 'k Edward M. Hughes Torn Groover CrirrU4x:Mtiti Paul 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: December 12, 2013 Item: Second Reading Explanation; Text Amendment—Ordinance 35-2013-A; Section 4-050, District Use Regulations; Subsection (C), R-2 One- and Two-family Residential District; Item (2), Users Permitted after Special Review; City of Tybee Island, petitioner; consideration of amendment to R-2 zoning district Uses Permitted after Special Review Budget Line Item Number (if applicable): N/A Paper Work: Attached* i Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner @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: Date given to Clerk of Council: December 4, 2013 * * F.Q. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573 FAX (866) 786-5737 , City of ' Ethics if www.cityoftybee.org va�� tLL MAYOR CITY MANAGER Jason Buelterman 1 Diane Schleicher CITY COUNCIL e") ., IP 3,- •A CITY CLERK •Wanda Doyle, Mayor Pro Tem aW 4 Janet LeViner Barry Brown i Jan Fox CITY ATTORNEY .1§) Bill Garbett "�, Edward M. Hughes Tom Groover r ; �tI,` Paul Wolff CITY OF TYBEE ISLAND Description: District Use Regulations Ordinance: Section 4-050(C) Zoning Action Requested: Text Amendment - FIRST READING Following any required Public Hearing, the Mayor and Council of the City, on the 14TH day of November, 2013, decided to APPROVE as presented. ,„ ..._i_AA.,...._ 1,...a..c. \ \ - t5"--c5 Planning and Zoning Manager Date Mayor Date 3 ,9_t- A/(-2-1--f-' ////S1/43 Cle of Council Date P.O. Box 2749—403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573— FAX (912) 786-5737 www.cityoftybee.org * NI, e of r4„.....,..„ PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: October 15, 2013 Project Name/Description: Section 4-050(C)-District Use Regulations R-2, One- and Two-family Residential District 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 Motion to approve Borkowski X Bramble X Callahan X Second Marion X McNaughton X Parks Chair The Planning Commission recommends: /1 Approval Denial 0 Continued Add "Uses Permitted in R-1 after Special Review (Residence district)". C :\SY4,,\-7 Planning Commission Chair: ■.- Date: . (L" 1 3 Planning& Zoning Manager: 0 b6.0 Date: r ifj-No-13 Text Amendment Consideration of revision to Section 4-050(C), R-2, One- and Two-family Residential District Sec. 4-050. District use regulations. (A) R-1 residence district. This land use district is established to minimize development densities in certain portions of the island to prevent overall development on the island from exceeding its environmental carrying capacity. Also, to provide for quiet, livable, low-density single-family neighborhoods including compatible and supporting low impact educational, religious, and public institutions, as well as limited provisions for bed and breakfast operations. The character of development in these areas is oriented for permanent residents. This district shall remain single- family residential with some light family oriented service uses. Commercial and industrial uses are incompatible with this district. (1) Uses permitted by right. In a R-1 residence district, land may be used and buildings or structures may be erected or used for the following purposes: a. Single-family dwellings; b. Nonhabitable accessory buildings; c. Public utility structures; d. Home business offices; and, e. Public community buildings, libraries, recreation centers and museums. (2) Uses permitted after special review. In an R-1 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the mayor and council has granted approval at a scheduled meeting: a. Bed and breakfast, residential; b. [Reserved;] c. Primary and secondary schools; d. Nursing homes and ancillary activities; e. Public parks and neighborhood playgrounds; f. Churches, including Sunday schools or educational buildings; g. Schools of general education, including kindergarten and day nurseries; h. Guest cottages; and, i. Home occupations. (B) R-1-B residence district. In an R-1-B residence district, land may be used and buildings or structures may be erected or used for the purposes stated above in the R-010 residence district regulations; the only distinguishing factor being one of density. [See section 3-090(1), "schedule of residential district dimensional requirements."] The purpose of R-010- B districts is to provide a transition from R-010 to higher density development. This is intended to ensure adequate infrastructure capacity and mitigate adverse impacts associated with more intensive land uses. (C) R-2 one-and two-family residential district. The purpose of this district is to provide for affordable development of single-family and duplex style development. This district is intended for medium density residential neighborhoods which are quiet and livable. This district includes a mixture of one- and two-family homes with compatible educational, religious, and public institutions as well as limited home occupations. (1) Uses permitted by right. In an R-2 residence district, land may be used and buildings or structures may be erected, altered, or used for the following purposes: a. Uses permitted in R-1 residence district; and b. Two-family dwellings, (see also subdivision regulations). (2) Uses permitted after special review. In an R-2 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the mayor and council has granted approval at a scheduled meeting. a. Ho^ upations Uses permitted after special review in R-1 residence district. 1 1/07/2013 ORDINANCE NO. 35-2013-A AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO 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 Sec. 4-050, District use regulations, so as to clarify its terms; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Sec.4-050 is amended as reflected below as follows: SECTION 1 That Section 4-050 will be codified and which will read as follows: Sec. 4-050. District use regulations. (A) R-1 residence district. This land use district is established to minimize development densities in certain portions of the island to prevent overall development on the island from exceeding its environmental carrying capacity. Also, to provide for quiet, livable, low-density single-family neighborhoods including compatible and supporting low impact educational, religious, and public institutions, as well as limited provisions for bed and breakfast operations. The character of development in these areas is oriented for permanent residents. This district shall remain single- family residential with some light family oriented service uses. Commercial and industrial uses are incompatible with this district. (1) Uses permitted by right. In a 19-1 residence district, land may be used and buildings or structures may be erected or used for the following purposes: a. Single-family dwellings; b. Nonhabitable accessory buildings; c. Public utility structures; d. Home business offices; and, e. Public community buildings, libraries, recreation centers and museums. (2) Uses permitted after special review. In an R-1 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the mayor and council has granted approval at a scheduled meeting: a. Bed and breakfast, residential; b. [Reserved;] c. Primary and secondary schools; d. Nursing homes and ancillary activities; e. Public parks and neighborhood playgrounds; f. Churches, including Sunday schools or educational buildings; g. Schools of general education, including kindergarten and day nurseries; h. Guest cottages; and, i. Home occupations. (B) R-1-B residence district. In an R-1-B residence district, land may be used and buildings or structures may be erected or used for the purposes stated above in the R-010 residence district regulations; the only distinguishing factor being one of density. [See section 3-090(1), "schedule of residential district dimensional requirements."] The purpose of R-010- B districts is to provide a transition from R-010 to higher density development. This is intended to ensure adequate infrastructure capacity and mitigate adverse impacts associated with more intensive land uses. (C) R-2 one-and two-family residential district. The purpose of this district is to provide for affordable development of single-family and duplex style development. This district is intended for medium density residential neighborhoods which are quiet and livable. This district includes a mixture of one- and two-family homes with compatible educational, religious, and public institutions as well as limited home occupations. (1) Uses permitted by right. In an R-2 residence district, land may be used and buildings or structures may be erected, altered, or used for the following purposes: a. Uses permitted in R-1 residence district; and b. Two-family dwellings, (see also subdivision regulations). (2) Uses permitted after special review. In an R-2 residence district, land may be used and buildings or structures may be erected or used for the land uses listed below after a hearing has been held by the planning commission and the mayor and council has granted approval at a scheduled meeting. a. Uses permitted after special review in R-1 residence district. 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: 11-14-i3 SECOND READING: ENACTED: Tybee/Ordinances/2013/35-2013—Sec 4-050 district use regulations fr DO 10.17.13 Tybee/Ordinances/2013/35-2013-A-Sec 4-050 district use regulations 11.04.13