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HomeMy Public PortalAbout120_020_3Ord 06-2014 historic preservation MAYOR CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Edward M.Hughes Garbett g Monty Parks g6b4t ioRC? �4' 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: March 13, 2014 Item: Public Hearing—First Reading Explanation: Text Amendment—Ordinance 06-2014; Section 14-030 & 14-050, Historic Preservation; City of Tybee Island,petitioner; consideration of amendment to historic preservation requirements Budget Line Item Number (if applicable): N/A Paper Work: -4 Attached* 4 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: March 6, 2014 * * * 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 �►� $L��"� A4' 446 • r tih 1� PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: February 18, 2014 Project Name/Description: Sections 14-030 & 14-050 Historic Preservation 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 Second Borkowski X Bramble X Livingston X Ma•or X Motion to a.•rove Marion Chair McNaughton X The Planning Commission recommends: Approval ❑ Denial ❑ Continued Planning Commission • 1,411r Date: 7 ' r 4` ' Apr Planning & Zoning Manager: RP Date: CZ_ (q -f - ORDINANCE NO. D(— 2 014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO SECTION 14 REGARDING HISTORIC PRESERVATION 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 for the City of Tybee Island to pertaining to historic preservation; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island: SECTION 1 Section 14 of the Land Development Code shall be amended and read as follows: To add subsection 13)to Sec. 14-030(D)as follows: To employ persons, if necessary, to carry out the responsibilities of the Commission, but only after first receiving approval by the Tybee lsland City Council To add subsection(P)to Sec. 14-050 as follows: Sec. 14-050(P) F. Acr uisition of Property. The Commission may, where such action is authorized by the Tybee Island City Council and is reasonably necessary or appropriate for the .reservation of a unio ue historic Iro.ert enter into ne'otiations with the owner for the acquisition by gift, purchase, exchange, or otherwise, to the property or any interest therein. ORDINANCE NO. 06-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO SECTIONS 14-030D AND 14-050 REGARDING HISTORIC PRESERVATION 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 Section 14-030D to add a number 13 and to amend Section 14-050 to add a subsection P to the Code of Ordinances for the City of Tybee Island pertaining to historic preservation; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Sections 14-030 and 14-050 shall be amended. SECTION 1 Sections 14-030D and 14-050 will be amended so as to add number 13 and subparagraph P respectively and will hereafter read as follows: Sec 14-030. Creation of a historic preservation commission. D. Powers.The commission shall be authorized to: 13. To employ persons, if necessary, to carry out the responsibilities of the Commission, but only after first receiving approval by the Tybee Island City Council. Sec. 14-050.Application to preservation commission for certificate of appropriateness. P. Acquisition of Property. The Commission may, where such action is authorized by the Tybee Island City Council and is reasonably necessary or appropriate for the preservation of a unique historic property, enter into negotiations with the owner for the acquisition by gift,purchase, exchange,or otherwise, to the property or any interest therein. 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. S_ECTION 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 intent. 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2013/43-2013 EMHITybee/Ordinances/2014/06-2014 Secs 14-030D, 14-050 historic preservation 12.26.13