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HomeMy Public PortalAbout110_040_12-2014 Sec 3-160 buffering MAYOR BEI r5 L CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL r CITY CLERK Wanda Brown Mayor Pro Tern ` I Janet LeViner Barry B Rob Callahan J I CITY ATTORNEY Bill Garbett ` Edward M.Hughes Monty Parks ` i Paul Wolff w, '" socy 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: February 13, 2014 Item: Public Hearing—First Reading Explanation: Text Amendment—Ordinance 12-2014; Section 3-160, Protective Screening of Adjacent Property where Commercial Use and Residential Use Abut; City of Tybee Island, petitioner; consideration of amendment to buffering requirements Budget Line Item Number (if applicable): N/A Paper Work: Ai Attached* 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: February 4, 2014 * * 7k P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 , City of Ethics www.cityoftybee.org �44��,B C��L� °444 G PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: January 21, 2014 Project Name/Description: Section 3-160 Protective Screening of Adjacent Property 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 Absent Borkowski X Second Bramble X Motion to approve Marion X Vice Chair McNaughton X The Planning Commission recommends: ® Approval ❑ Denial n Continued (' r z z ` 1 Planning Commission Chair:°- Date: Planning& Zoning Manager: �., J ie) Date: I 2/ --(14- Sec. 3-160. Protective screening of adjacent property where commercial use and residential use abut. (C) A change in the kind, character or degree of use of improved property is proposed, and there is no existing buffer in place on the property that is to be improved or any existing buffer on such property would not meet the requirements below, the owner or applicant shall be required to seek special review unless a buffer satisfying the following requirements is met: (1) Basic requirements. a. An arboreal landscaped buffer not less than five feet wide with a well maintained masonry wall or privacy fence no less than eight feet in height above grade shall be provided and properly maintained along its entire length by the users of the property to be built upon or expanded. Such buffer shall be planted with deciduous trees, evergreens,flowering trees, ornamental trees, or any combination of the same not set further than ten feet apart at any given point along the buffer. The buffer shall be measured from the property line of the property to be improved. In no instance will a street, sidewalk or other like improvement be permissible as a buffer. In no instance will a dumpster or mechanical unit be permitted in a buffer. b. The area beneath and between the planted trees shall be kept free of foreign debris and unmanaged undergrowth.All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. c. All planting plans shall be first submitted to the city zoning department during the review process for approval of the planting materials and arrangement thereof in accordance with the provisions of this Land Development Code. (2) Special review. In any the case of any plans or proposed plans which do not meet the requirements of subsection section (1) hereof, special review shall be required for __ _ _• • __ -•e - __ _ _ - - • • council may treat the proposed plan as requesting special review which shall be required in connection therewith;, Tthe mayor and council may impose conditions or buffers designed to protect the properties including adding or reducing buffer requirements, restricting or expanding uses within the buffer area, additional or reduced fencing, vegetation and/or any other restrictions or conditions reasonably designed to protect the abutting property as well as the property sought to be improved. (3) For the special review referred to above, such review shall be combined with the site plan application filed with any proposed application for site plan review in connection with improvements, changes, or additions to any commercial use to abut a_residential use. No separate public hearing shall be required for the special review nor any additional filing fee required of the applicant. It is the intention hereof that council conduct special review of the landscaping application if it differs from those conditions specified by Sec. 3-160(C)(1) in every case in connection with the site plan application. ORDINANCE NO. 12-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES REGARDING SECTION 3-160(C)(1) and (2), BASIC REQUIREMENTS AND SPECIAL REVIEW, FOR THE CITY OF TYBEE ISLAND, GEORGIA 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 governing authority desires to amend Sec. 3-160(C)(1) and (2) of the Code in order to clarify said subsections and for other purposes; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 3-160(1) and (2), Basic Requirements and Special Review, of the Code of Ordinances of the City of Tybee Island shall be amended for purposes of clarification. SECTION 1 Section 3-160(C)(1)and(2)will be amended to hereafter read as follows: Sec. 3-160. Protective screening of adjacent property where commercial use and residential use abut. (C) A change in the kind,character or degree of use of improved property is proposed, and there is no existing buffer in place on the property that is to be improved or any existing buffer on such property would not meet the requirements below, the owner or applicant shall be required to seek special review unless a buffer satisfying the following requirements is met: (1) Basic requirements. a. An arboreal landscaped buffer not less than five feet wide with a well maintained masonry wall or privacy fence no less than eight feet in height above grade shall be provided and properly maintained along its entire length by the users of the property to be built upon or expanded. Such buffer shall be planted with deciduous trees, evergreens,flowering trees,ornamental trees, or any combination of the same not set further than ten feet apart at any given point along the buffer. The buffer shall be measured from the property line of the property to be improved. In no instance will a street, sidewalk or other like improvement be permissible as a buffer. In no instance will a dumpster or mechanical unit be permitted in a buffer. b. The area beneath and between the planted trees shall be kept free of foreign debris and unmanaged undergrowth.All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. c. All planting plans shall be first submitted to the city zoning department during the review process for approval of the planting materials and arrangement thereof in accordance with the provisions of this Land Development Code. (2) Special review. In any case of any plans or proposed plans which do not meet the requirements of subsection section (1)hereof, council may treat the proposed plan as requesting special review which shall be required in connection therewith. The mayor and council may impose conditions or buffers designed to protect the properties including adding or reducing buffer requirements,restricting or expanding uses within the buffer area, additional or reduced fencing,vegetation and/or any other restrictions or conditions reasonably designed to protect the abutting property as well as the property sought to be improved. (3) For the special review referred to above, such review shall be combined with the site plan application filed with any proposed application for site plan review in connection with improvements,changes,or additions to any commercial use to abut a residential use. No separate public hearing shall be required for the special review nor any additional filing fee required of the applicant. It is the intention hereof that council conduct special review of the landscaping application if it differs from those conditions specified by Sec.3-160(C)(1) in every case in connection with the site plan application. SECTI©N 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/2013/39-2013 Sec 3-160-basic requirements,special review-11,18,13-clean Tybee/Ordinances/2014/12-2014 Sec 3-160-basic requirements,special review-renumbered 01.06.14