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HomeMy Public PortalAbout120_020_TEXT AMENDMENT Sec.4-050H TBR.pdfSTAFF REPORT PLANNING COMMISSION MEETING: October 17, 2016 CITY COUNCIL MEETING: October 27, 2016 LOCATION: N/A APPLICANT: City of Tybee Island EXISTING USE: N/A ZONING: N/A COMMUNITY CHARACTER MAP: N/A OWNER: N/A PROPOSED USE: N/A USE PERMITTED BY RIGHT: N/A APPLICATION: Text amendment to Sec. 4-050 (H)TBR transitional business -residential district and (F)C-2 highway business district PROPOSAL: The applicant is requesting amend Sec. 4-050 H by removing this section in its entirety and amend Sec 4-050F to allow R-2 uses by right. ANALYSIS: The purpose of these text amendments is to clarify that residential uses are allowed in the C-2 zoning district. The TBR has been used to allow for residential uses but it is not clearly defined and is not designated on the zoning map. STAFF FINDING This amendment will give the public clear understanding that residential uses are allowed in the C-2 district and eliminate an unmapped zoning district. Staff recommends approval. ATTACHMENTS A. Text amendment 1 This Staff Report was prepared by George Shaw. ORDINANCE NO. 2016-30 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA, PERTAINING TO PERMITTING CERTAIN RESIDENTIAL STRUCTURES AND USES IN THE C-2 ZONE, TO REPEAL CONFLICTING ORDINANCES TO REPEAL THE TBR ZONE AND FOR OTHER PURPOSES 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, including the environment thereof; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, WHEREAS, there is a zone designated in the text of the zoning ordinance known as "TBR transitional business -residential district" (4-050(H)) which is described in a confusing manner and references an area contiguous with the highway commercial district and which permits in some instances residential uses within the "200 foot commercial strip", and WHEREAS, the TBR zone permits off-street parking lots for C-2 business in order to meet the minimum parking requirements as specified in the Land Development Code, and WHEREAS, upon the adoption of this ordinance the TBR transitional business - residential district may be eliminated as text and the remaining paragraphs of Section 4-050 can be re -lettered appropriately, and NOW, THEREFORE, It is hereby ordained by the Mayor and Council of the City of Tybee Island that The Code of the City of Tybee Island, Georgia, Section 4-050(F), pertaining to C-2 highway business district, is hereby amended, so that hereafter the sections shall read as hereinafter provided. SECTION 1 The Code of the City of Tybee Island, Georgia, is hereby amended as to cause, Section 4- 050(F), C-2 highway business district, to hereafter read as including the provision contained in section 2 below. Uses as of right: 1659992.1 SECTION 2 " Residential uses permissible in the R-2 district including those permissible as of right and after special review. The uses permissible in R-2 after special review shall also require special review to be permissible in the C-2 zone. " Following required site plan approval for commercial development residential uses above commercial shall be allowed by right if onsite parking is available. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed to specifically include the repeal and deletion of 4-050(H) TBR Transitional business -residential district. 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 The Code of the 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 , 2016. ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: MAYOR 2 ENACTED: 572-000001/Ordin/30-2016 C-2Highwaybusinessdistrict 09.13.16 3 PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: October 17, 2016 Project Name/Description: Sec. 4-050H & 4 -050F -C2 Action Requested: Remove TBR and to amend C2 Highway business Special Review Site Plan Approval Variance Map Amendment Text Amendment X Subdivision: Sketch Plan Approval Preliminary Plan Approval Final Plat Approval Minor Subdivision Conceptual Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: COMMISSIONER FOR AGAINST COMMENTS Bishop Chair - absent Bossick X Vice Chair Bramble absent Gann X Second King _ X Matlock absent McNaughton X Motion The Planning Commission recommends: ❑ Approval ❑ Denial ® Continued Planning Commission Chair: Planning & Zoning Manager: Date: /0 — Date: ic>