HomeMy Public PortalAbout120_010_First Reading Ord 50-2014; Sec 4-050 - special events MAYOR gtt CITY MANAGER
Jason Buelterman 44, Diane Schleicher
c ••
CITY COUNCIL CITY CLERK
Wanda Doyle,Mayor Pro Tern Janet LeViner
Barry Brown
Rob Callahan CITY ATTORNEY
Bill Garbett Edward M.Hughes
Monty Parks%*
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: August 14, 2014
Item: Public Hearing--First Reading
Explanation: Text Amendment—Ord. 50-2014; Land Development Code Sec. 4-050 (E) and (F) and (0),
District Use Regulations; City of Tybee Island, petitioner; consideration of requirements for
hosting special events
Budget Line Item Number (if applicable): N/A
Paper Work: Al Attached*
Ai 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: August 6, 2014
* * *
P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified
(866) 786-4573—FAX(866) 786-5737 + City of
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PLANNING COMMISSION
NOTICE OF DETERMINATION
Meeting date: July 15, 2014
Project Name/Description: Section 4-050(E), (F), (0) 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 F OR AGAINST COMMENTS
Bishop X
Bossick Absent
Bramble X Motion to approve V.3 with changes
Livingston X
Major X
Marion Chair
McNaughton X Second
The Planning Commission recommends: ® Approval ❑ Denial ❑ Continued
/ nd-
Planning Planning Commission Chair: / Date: Oi ._ 17 -& Zoning Manager: c .,,,,,vy,,.1] Date: D9- 1 7-1 4
Land Development Code as approved by PC 7.15.14
Sections 04-050(E) and (F) and (0)
(E) C-1 beach business district. The purpose and intent of commercial districts is to
provide central locations for city business and services to meet the market needs
of the city's residents and visitors. The focus of the C-1 beach business land use
district is to provide for commercial and residential land uses that support and
complement recreational use of the beach and general tourism of the island. The
land uses permitted in this district provide for a substantial amount of the island's
employment base. The amount of C-1 acreage is directly proportional to the city's
economic activity. These land uses are designed to harness economic activity of
the daytime visitor as well as residents and overnight visitors.
Multi-family uses are not permissible in the following areas included within the C-1
beach business district:
(i) On the lots abutting Butler Avenue on the east and west sides thereof,
from 14th Street, commencing at its southernmost intersection with
Butler Avenue, to Izlar Avenue at its southernmost intersection with
Butler Avenue;
(ii) On lots abutting Tybrisa Street on the north and south sides from Butler
Avenue to Strand Street; and
(iii) On lots on Strand Street abutting that street on the western boundary
thereof from 14th Street beginning at its northernmost intersecting point
with Strand Street to 17th Street at its northernmost intersecting point
with Strand Street. Notwithstanding the foregoing, multi-family residential
uses shall be permissible on floors above the first or ground floor of
business establishments located in such areas.
(1) Uses permitted by right after site plan approval. In a C-1 beach business
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. Apartments, condominiums, townhouses, guest cottages, hotels, motels,
time shares, tourist homes, bed and breakfast inns; plus single-family,
two-family, three-family, and four-family dwellings;
b. Apothecary shops;
c. Gift shops;
d. Barbershops, beauty shops;
e. Finance, investment and insurance offices;
f. Florist shops;
g. Restaurants, concession stands;
1 07/18/2014
h. Commercial amusements, including amusement parks and other
commercial games and sports;
i. Retail stores; and
j. Public structures.
(2) Uses permitted after special review and site plan approval. In a C-1 beach
business 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. Dwellings or structures rented for special events. For all uses, special
approval and review shall consider all relevant factors including but not
limited to the availability of parking or an appropriate parking plan, the
hours of operation and any limitations to be placed thereon, the capacity
of the dwelling or structure in terms of occupancy, compliance with
applicable noise limitations with the express authority of the mayor and
council to impose stricter requirements than would otherwise be
permissible for the impacted zoning districts; the use of live
entertainment or amplified sound equipment subject to limitations to be
placed thereon; and approval by the planning and zoning department of
_• . _ . . _ . _ - - ; the methods of lighting signage
and buffering as necessary to provide reasonable protection to nearby
property owners.
Each such authorized structure shall be subject to an established
occupancy as determined by the fire marshal and events that are likely
to result in an occupancy greater than that permitted shall require an
additional application to the city with adequate information for staff to
assess the additional impact from the anticipated occupancy including all
of the factors listed herein and to permit staff to grant a permit for such
event with additional conditions. For events that contemplate the use of
premises outdoors, the occupancy shall be based upon a calculation of
one person per 15 square feet of usable exterior space.
As used herein the term "dwellings or structures rented for special
events" means a facility used or available for hire for festivities, parties,
receptions, weddings, ceremonies and similar activities or occasions
conducted on the property.
2 07/1812014
A "parking plan" as used herein may include off-site parking arranged by
the applicant or owner subject to the approval of the planning and zoning
department of building safety and regulatory services; parking must
accommodate one place per four persons as determined by occupancy
as specified herein.
Any permitted use must adhere to the approved standards, restrictions,
plans and conditions imposed by the mayor and council and/or the
planning and zoning department of building safety and regulatory
services.
(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 C-1 beach business 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.
(F) C-2 highway business district. The purpose and intent of commercial districts is
to provide central locations for city business and services to meet the market
needs of the city's residents and visitors. The focus of the C-2 highway business
land use district is to provide for commercial land uses that support and
complement the motorized consumer. C-2 districts are intended for location along
arterial streets where the negative impacts of traffic congestion, noise, intrusions
into residential neighborhoods will be minimized.
(1) Uses permitted by right after site plan approval. In a C-2 business district,
land may be used and buildings or structures may be erected, altered or used
only for the following purposes once the required site plan has been reviewed
by the planning commission and approved by the mayor and council:
a. Service stations;
b. Restaurants, including drive-in restaurants;
c. Gift shops (goods sold within an enclosed building);
d. Motels;
e. Grocery stores;
f. Tourist homes and bed and breakfast inns;
3 07/18/2014
g. Parks, playgrounds and recreation facilities under the supervision of the
city;
h. Professional and business offices;
i. Retail stores;
j. Marinas; and
k. Seafood warehouses, retail and wholesale sales.
(2) Uses permitted after special review and site plan approval. In a C-2 highway
business 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. Dwellings or structures rented for special events. For all uses, special
approval and review shall consider all relevant factors including but not
limited to the availability of parking or an appropriate parking plan, the
hours of operation and any limitations to be placed thereon, the capacity
of the dwelling or structure in terms of occupancy, compliance with
applicable noise limitations with the express authority of the mayor and
council to impose stricter requirements than would otherwise be
permissible for the impacted zoning districts; the use of live
entertainment or amplified sound equipment subject to limitations to be
placed thereon; and approval by the planning and zoning department of
. . . . . • a -. _ . e•. - •.' - ; the methods of lighting signage
and buffering as necessary to provide reasonable protection to nearby
property owners.
Each such authorized structure shall be subject to an established
occupancy as determined by the fire marshal and events that are likely
to result in an occupancy greater than that permitted shall require an
additional application to the city with adequate information for staff to
assess the additional impact from the anticipated occupancy including all
of the factors listed herein and to permit staff to grant a permit for such
event with additional conditions. For events that contemplate the use of
premises outdoors, the occupancy shall be based upon a calculation of
one person per 15 square feet of usable exterior space.
As used herein the term "dwellings or structures rented for special
events" means a facility used or available for hire for festivities, parties,
receptions, weddings, ceremonies and similar activities or occasions
conducted on the property.
4 07/18/2014
A "parking plan" as used herein may include off-site parking arranged by
the applicant or owner subject to the approval of the planning and zoning
department of building safety and regulatory-services. Parking must
accommodate one place per four persons as determined by occupancy
as specified herein.
Any permitted use must adhere to the approved standards, restrictions,
plans and conditions imposed by the mayor and council and/or the
planning and zoning department of building safety and regulatory
services.
c. Miniature golf courses.
(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 C-2 highway business 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.
(0) South End business overlay district. All commercial and multi-family residential
uses are permissible subject to site plan approval, or special review and site plan
approval, as is required by the particular zoning classification of the property. In
this district, the site plans established herein shall prevail over any setbacks in any
other part of the Code, specifically including section 3-090 regardless of the use of
the property. Mixed uses of the property are permissible. Site plan approval and
special review is required for new construction and redevelopment of existing sites.
New construction and when a project includes the redevelopment of a parcel, a
development agreement with the owner/developer and the city specifying the site
plan, location of utilities, improvements, setbacks, driveway locations and
dimensions and lot coverage may be required.
5 07/18/2014
ORDINANCE NO. 50-2014
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
TO AMEND SECTION 4-050(E), (F)AND (0), ZONING DISTRICTS,
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 amend the Code pertaining to zoning
districts; and
WHEREAS, the City of Tybee Island desires to amend Section 4-050, zoning districts,
subsections (E), (F) and (0) to clarify same; and
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that the Code of Ordinances as to Section 4-050(E), (F) and (0) is hereby amended so as
to clarify same, so that the Code shall be amended as hereinafter provided.
SECTION 1
Section 4-050(E), (F) and (0) is hereby amended and it shall hereafter read as follows:
Section 4-050. Zoning districts.
(E) C-1 beach business district. The purpose and intent of commercial districts is to provide
central locations for city business and services to meet the market needs of the city's
residents and visitors. The focus of the C-1 beach business land use district is to provide for
commercial and residential land uses that support and complement recreational use of the
beach and general tourism of the island. The land uses permitted in this district provide for
a substantial amount of the island's employment base. The amount of C-1 acreage is
directly proportional to the city's economic activity. These land uses are designed to
harness economic activity of the daytime visitor as well as residents and overnight visitors.
Multi-family uses are not permissible in the following areas included within the C-1 beach
business district:
(i) On the lots abutting Butler Avenue on the east and west sides thereof, from 14th
Street, commencing at its southernmost intersection with Butler Avenue, to Izlar
Avenue at its southernmost intersection with Butler Avenue;
(ii) On lots abutting Tybrisa Street on the north and south sides from Butler Avenue
to Strand Street; and
(iii) On lots on Strand Street abutting that street on the western boundary thereof
from 14th Street beginning at its northernmost intersecting point with Strand
Street to 17th Street at its northernmost intersecting point with Strand Street.
Notwithstanding the foregoing,multi-family residential uses shall be
permissible on floors above the first or ground floor of business establishments
located in such areas.
(1) Uses permitted by right after site plan approval. In a C-1 beach business 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. Apartments, condominiums, townhouses, guest cottages, hotels, motels, time
shares, tourist homes,bed and breakfast inns; plus single-family, two-family,
three-family, and four-family dwellings;
b. Apothecary shops;
c. Gift shops;
d. Barbershops,beauty shops;
e. Finance, investment and insurance offices;
f. Florist shops;
g. Restaurants, concession stands;
h. Commercial amusements, including amusement parks and other commercial
games and sports;
i. Retail stores; and
j. Public structures.
(2) Uses permitted after special review and site plan approval. In a C-1 beach business
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. Dwellings or structures rented for special events. For all uses, special approval
and review shall consider all relevant factors including but not limited to the
availability of parking or an appropriate parking plan, the hours of operation and
any limitations to be placed thereon, the capacity of the dwelling or structure in
terms of occupancy, compliance with applicable noise limitations with the
express authority of the mayor and council to impose stricter requirements than
would otherwise be permissible for the impacted zoning districts; the use of live
entertainment or amplified sound equipment subject to limitations to be placed
thereon; and approval by the planning and zoning department; the methods of
2
lighting signage and buffering as necessary to provide reasonable protection to
nearby property owners.
Each such authorized structure shall be subject to an established occupancy as
determined by the fire marshal and events that are likely to result in an
occupancy greater than that permitted shall require an additional application to
the city with adequate information for staff to assess the additional impact from
the anticipated occupancy including all of the factors listed herein and to permit
staff to grant a permit for such event with additional conditions. For events that
contemplate the use of premises outdoors, the occupancy shall be based upon a
calculation of one person per 15 square feet of usable exterior space.
As used herein the term "dwellings or structures rented for special events"
means a facility used or available for hire for festivities,parties, receptions,
weddings, ceremonies and similar activities or occasions conducted on the
property.
A "parking plan" as used herein may include off-site parking arranged by the
applicant or owner subject to the approval of the planning and zoning
department; parking must accommodate one place per four persons as
determined by occupancy as specified herein.
Any permitted use must adhere to the approved standards, restrictions, plans and
conditions imposed by the mayor and council and/or the planning and zoning
department.
(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 C-1 beach business 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.
(F) C-2 highway business district. The purpose and intent of commercial districts is to provide
central locations for city business and services to meet the market needs of the city's
residents and visitors. The focus of the C-2 highway business land use district is to provide
for commercial land uses that support and complement the motorized consumer. C-2
districts are intended for location along arterial streets where the negative impacts of traffic
congestion, noise, intrusions into residential neighborhoods will be minimized.
3
(1) Uses permitted by right after site plan approval. In a C-2 business district, land may
be used and buildings or structures may be erected, altered or used only for the
following purposes once the required site plan has been reviewed by the planning
commission and approved by the mayor and council:
a. Service stations;
b. Restaurants, including drive-in restaurants;
c. Gift shops (goods sold within an enclosed building);
d. Motels;
e. Grocery stores;
f. Tourist homes and bed and breakfast inns;
g. Parks,playgrounds and recreation facilities under the supervision of the city;
h. Professional and business offices;
i. Retail stores;
j. Marinas; and
k. Seafood warehouses, retail and wholesale sales.
(2) Uses permitted after special review and site plan approval. In a C-2 highway
business 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. Dwellings or structures rented for special events. For alluses, special approval
and review shall consider all relevant factors including but not limited to the
availability of parking or an appropriate parking plan, the hours of operation and
any limitations to be placed thereon, the capacity of the dwelling or structure in
terms of occupancy, compliance with applicable noise limitations with the
express authority of the mayor and council to impose stricter requirements than
would otherwise be permissible for the impacted zoning districts; the use of live
entertainment or amplified sound equipment subject to limitations to be placed
thereon; and approval by the planning and zoning; the methods of lighting
signage and buffering as necessary to provide reasonable protection to nearby
property owners.
Each such authorized structure shall be subject to an established occupancy as
determined by the fire marshal and events that are likely to result in an
occupancy greater than that permitted shall require an additional application to
the city with adequate information for staff to assess the additional impact from
the anticipated occupancy including all of the factors listed herein and to permit
staff to grant a permit for such event with additional conditions. For events that
4
contemplate the use of premises outdoors, the occupancy shall be based upon a
calculation of one person per 15 square feet of usable exterior space.
As used herein the term "dwellings or structures rented for special events"
means a facility used or available for hire for festivities,parties, receptions,
weddings, ceremonies and similar activities or occasions conducted on the
property.
A "parking plan" as used herein may include off-site parking arranged by the
applicant or owner subject to the approval of the planning and zoning
department . Parking must accommodate one place per four persons as
determined by occupancy as specified herein.
Any permitted use must adhere to the approved standards, restrictions,plans and
conditions imposed by the mayor and council and/or the planning and zoning
department.
c. Miniature golf courses.
(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 C-2 highway business 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.
(0) South End business overlay district. All commercial and multi-family residential uses are
permissible subject to site plan approval, or special review and site plan approval, as is
required by the particular zoning classification of the property. In this district, the site
plans established herein shall prevail over any setbacks in any other part of the Code,
specifically including section 3-09Q regardless of the use of the property. Mixed uses of the
property are permissible. Site plan approval and special review is required for new
construction and redevelopment of existing sites. New construction and when a project
includes the redevelopment of a parcel, a development agreement with the owner/developer
and the city specifying the site plan, location of utilities, improvements, setbacks, driveway
locations and dimensions and lot coverage may be required.
5
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
AFI EST:
CLERK OF COUNCIL
6
FIRST READING:
SECOND READING:
ENACTED:
Tybee/Ordinances/2014/50-2014 Sec 4-050 zoning districts 08.06.14
7