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Home My Public Portal About120_090_First Reading Ord 37-2014; Sec 5-140 - minor subdvision longevity MAYOR CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL - CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks wN. 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: July 10, 2014 Item: Public Hearing Explanation: Text Amendment—Ord. 37-2014; Sec. 5-140(I), Minor Subdivision Plat Approval Procedure; City of Tybee Island, petitioner; consideration of minor subdivision procedures Budget Line Item Number (if applicable): N/A Paper Work: Attached* Al 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: June 25, 2014 P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573—FAX(866) 786-5737 1 City of Ethics if www.cityoftybee.org 413. L B ��y 1• i ti r, PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: June 17, 2014 Project Name/Description: Section 5-140, Minor Subdivision Plat Approval Procedure 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 Bossick Absent Bramble X Livingston X Second Major X Marion Chair L McNaughton X The Planning Commission recommends: I Approval ❑ Denial ❑ Continued Planning Commission Chair: Date: 6) ti C " ` / Y Planning & Zoning Manager: } c) Date: C10 -(S-14 ARTICLE 5. PROCEDURES FOR ADMINISTRATION AND ENFORCEMENT Sec.5-070. Standards for special review. (D)Permit longevity. If a building permit or other preparations or conditions are required prior to implementing special review approval granted by the mayor and council such permitting or other preparations or conditions must occur within 12 months from the date of special review approval. Such approval is based on information provided in the application. Building permits may only be granted for plans consistent with the approved application. Any deviation from the information submitted will require separate approval by planning commission and mayor and council. In the event of a hardship or other extenuating circumstance the permit holder may apply to the designated city official for a one-time extension of permit approval. Permit extensions may not be approved in extenuating circumstances for a period of no more than 180 days. Should the permit not be exercised in the extension period it will expire. Sec. 5-080. Site plan approval. (C)Site plan longevity.After a site plan has been approved by the mayor and council it shall be valid for a period of 18 months from the date of approval. If a building permit is not issued within said 18 months, an extension of up to 90 days may be issued with the approval of the building and zoning department. In the absence of an extension or at the end of an extension, if a building permit has not been obtained, the site plan approval shall be void and a new application must be submitted for site plan approval. For site plans approval prior to the effective date of this amendment, such plans shall be valid for 18 months from the effective date hereof and if no building permit is issued during that 18 months or a 90-day extension obtained, a new application for site plan approval must be submitted and the prior site plan approval shall be void. Sec.5-090. Variances. (C) Variance longevity. After a variance has been granted by the mayor and council it shall be valid for a period of 12 months from date of approval. Such approval is based on information provided in the application. Building permits may only be granted for plans consistent with the approved application.Any deviation from the information submitted will require separate approval by the mayor and council. Sec. 5-130.Major subdivision plat procedure. (C)Time limit on preliminary approval. The mayor and council's approval of a preliminary plan shall be valid for one year. If work has not started on a subdivision which has been granted preliminary plan approval on or before the end of this one-year period, then the plan of such subdivision shall be resubmitted for preliminary approval; provided, however, that this time may be extended unless changes have occurred in this article, or in the character of the property surrounding the property of the proposed subdivision which make it necessary to revise the design of the proposed subdivision as determined by the mayor and council. Sec. 5-140.Minor subdivision plat approval procedure. (I) Time limit on minor subdivision plat approval. The mayor and council's approval of a minor subdivision plat shall be valid for 45 calendar days from the date of approval. If the plat has not been recorded with Chatham County Superior Court on or before the end of the 45 calendar day period, then the plat shall be resubmitted for consideration. 06/0912014 Page 1 ORDINANCE NO. 37-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES RELATING TO SEC. 5-140, MINOR SUBDIVISION PLAT APPROVAL PROCEDURE, 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 City of Tybee Island desires to amend Section 5-140, Minor subdivision plat approval procedure, to add a subsection (I), Time limit on minor subdivision plat approval, to establish such time limit and for other purposes; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances for the City is hereby amended so as to add a new subsection to be designated as Section 5-140(I), Time limit on minor subdivision plat approval, which will provide as follows. SECTION 1 Section 5-140 is hereby amended to add a new subsection (I) thereto and it shall hereafter read as follows: Sec. 5-140. Minor subdivision plat approval procedure. (I) Time limit on minor subdivision plat approval. The mayor and council's approval of a minor subdivision plat shall be valid for 45 calendar days from the date of approval. If the plat has not been recorded with Chatham County Superior Court on or before the end of the 45 calendar day period, then the plat shall be resubmitted for reconsideration. 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 , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2014/37-2014 Sec 5-140 time lmt 06.24.14 Tybee/Ordinances/2014/34-2014 Sec 6-080(K)murals—chgd by PC—06.24.14 2