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Home My Public Portal About130_020_2 2nd Reading private parking lots MAYOR ., m CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL ° CLERK OF COUNCIL •Wanda Doyle,Mayor Pro Tem Janet LeViner Barry Brown ik a Jan Fox CITY ATTORNEY Bill Garbett 's Edward M.Hughes Torn Groover 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: April 25, 2013 Item: Public Hearing Explanation: Text Amendment—Ordinance 14-2013; Section 3-250, Private Parking Lots—Second Reading Budget Line Item Number(if applicable): N/A Paper Work: -V 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: The Planning Commission did not consider the removal of the off-site solicitation language. Date given to Clerk of Council: April 18, 2013 * * * P.O. Box 2749—403 Butler Avenue, Tybee Island,Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 City of Ethics 1 www.cityoftybee.org v1��B LLLy Sec.3-250. Private parking lots. Notwithstanding any other ordinances or provisions to the contrary, individuals and entities owning commercially zoned property,including C-1 and/or C-2, and for the R-2 properties currently licensed, a list of which is attached hereto,and a currently permitted lot in the North End Cultural Overlay District, suitable for vehicular parking may apply to the city for a business license so as to be authorized to charge for parking on their property so long as the property abuts a public road. The business license shall authorize the holder thereof to rent parking spaces solely on the holder's property between the hours of 10:00 a.m. to dusk or one hour before and one hour after a city approved special event. Trash and recycling containers must be provided on site. Property markers/corners must be marked in orange on the property during hours of operation. • J- • • -•• • • •• . It shall be unlawful to rent spaces in any district without a valid business license issued by the City of Tybee Island.All spaces must be full sized parking spaces. It shall be unlawful to park vehicles that are not wholly on the private property of the approved location. Where a person conducts business at more than one fixed location, each location or place shall be considered a separate business for the purpose of licensing. ORDINANCE NO. 14-2013-A AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO SECTION 3-250,PRIVATE PARKING LOTS 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 3-250, private parking lots; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 3-250 of the Code of Ordinances of the City of Tybee Island shall be amended so that hereafter the first paragraph thereof shall read as follows: Sec. 3-250. Private parking lots. Notwithstanding any other ordinances or provisions to the contrary,individuals and entities owning commercially zoned property,including C-1 and/or C-2, and for the R-2 properties currently licensed, a list of which is attached hereto, and a currently permitted lot in the North End Cultural Overlay District, suitable for vehicular parking may apply to the city for a business license so as to be authorized to charge for parking on their property so long as the property abuts a public road. The business license shall authorize the holder thereof to rent parking spaces solely on the holder's property between the hours of 10:00 a.m. to dusk or one hour before and one hour after a city approved special event. Trash and recycling containers must be provided on site. Property markers/corners must be marked in orange on the property during hours of operation. It shall be unlawful to rent spaces in any district without a valid business license issued by the City of Tybee Island.All spaces must be full sized parking spaces. It shall be unlawful to park vehicles that are not wholly on the private property of the approved location. Where a person conducts business at more than one fixed location, each location or place shall be considered a separate business for the purpose of licensing. 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; however, all other current paragraphs of Section 3-250 shall continue in full force. 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: 04.11.13 SECOND READING: ENACTED: Tybee/Ordinances/2013/14-2013—Sec 3-250 private parking lots 04.04.13 Tybee/Ordinances/2013/14-2013-A—Sec 3-250 private parking lots 04.11.13 chgd at council mtg BUSINESS LICENSE LISTING Private Parking Lots Zoning District R-2 Expiration Date 12/31/2012 PROPERTY LICENSE NAME ADDRESS NUMBER Bramble Family Parking 215 Lovell Ave. 01785 Jack Rosenberg (Parking) 203 Fourteenth St. 02024 Joyce Prescott (Parking) 214 Second Ave. 02192 Renee G Bridges (Parking) 1001 Butler Ave. 01331 MAYOR ;k1 *'' j4;. CITY MANAGER Jason Buelterman4 - ''l\j�. Diane Schleicher CITY COUNCIL "0� ', CITY CLERK Wanda Doyle, Mayor Pro Tern I °�;` ! ` 'i `I O D)M Janet LeViner Barry Brown I h �' r U Jan Fox �f;.. .'t. 41 CITY ATTORNEY Bill Garbett �%` Edward M. Hughes Tom Groover Z', Paul Wolff ""iripaxiinv.‘..-- CITY OF TYBEE ISLAND Description: Private Parking Lots Ordinance: Ordinance 14-2013; section 3-250 Zoning Action Requested: Text Amendment - FIRST READING Following any required Public Hearing, the Mayor and Council of the City on the 11th day of April, 2013, decided to DENY as presented. An additional motion was made, seconded, and with a unanimous vote, that the Code of Ordinances, Section 3-250, to strike `off-site soliciting on public property for parking customers is prohibited". C..),_ ci, - ( S - t3 Planning and Zoning I�lana er Date g anager Date 4 caCD43 Cler of Council Date P.O. Box 2749 -403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573- FAX (912) 786-5737 www.cityoftybee.org 4 (,,,,,, f PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: March 19, 2013 Petitioner: Project Name/Description: Article 3, Section 3-250, Private Parking Lots 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 Bramble Recused Callahan X Marion X Motion to deny change McNaughton X Second Parks Chair The Planning Commission recommends: ❑ Approval ® Denial ❑ Continued Planning Commission Chair: Date: Planning &Zoning Manager: e,,m Ne (� Date: 33- 2 0-C 3 Municode Page 1 of 2 rren4 OrWrIanc e� Sec. 3-250. - Private parking lots. Notwithstanding any other ordinances or provisions to the contrary, individuals and entities owning commercially zoned property, including C-1 and/or C-2, and for the R-2 properties currently licensed, a list of which is attached hereto, and a currently permitted lot in the North End Cultural Overlay District, suitable for vehicular parking may apply to the city for a business license so as to be authorized to charge for parking on their property so long as the property abuts a public road. The business license shall authorize the holder thereof to rent parking spaces solely on the holder's property between the hours of 10:00 a.m. to dusk or one hour before and one hour after a city approved special event. Trash and recycling containers must be provided on site. Property markers/corners must be marked in orange on the property during hours of operation. Off-site soliciting on public property for parking customers is prohibited. It shall be unlawful to rent spaces in any district without a valid business license issued by the City of Tybee Island. All spaces must be full sized parking spaces. It shall be unlawful to park vehicles that are not wholly on the private property of the approved location. Where a person conducts business at more than one fixed location, each location or place shall be considered a separate business for the purpose of licensing. With submittal of the application for business license, each applicant must provide the city with a valid professional survey of the lot which is to be used along with the site plan showing the parking spaces and structure(s). These submittals are required to have a scaled drawing of the parking spaces to be located upon the proposed location to the standards of the required off-street parking dimensions of subsection 3-080(e) including drive aisles widths. All spaces must be sized to accommodate full sized vehicles. If the applicant for a private parking lot is not the property owner, a notarized affidavit authorizing the applicant to operate a private parking lot is required. After the submittal of the application, staff shall have the authority to recommend to council a maximum number of spaces allowed to be utilized at the requested parking lot. Upon submittal of the application with all pertinent application materials and following proper notification to adjacent property owners of the application, the mayor and council will consider the request for application at a scheduled meeting of the city council. Public comments, if any, will be allowed to be made at these meetings. Council may reject any such application or may approve the application with conditions designed to protect neighboring properties and households and customers including, but not limited to, restricting the number of vehicles allowed to be parked on site, the location of vehicle parking, the type of vehicles permissible for the location, the hours of operation, the requirement of security measures, buffers, noise control methods and any other conditions or requirements reasonably designed to lessen the impact of activity upon other properties or citizens. All private parking lot properties shall be marked with a maximum of one sign not to exceed two square feet in area located at a minimum of five feet off the improved portion of the public right-of-way and not attached or placed on any sign, utility pole, bench, rock or any form of vegetation. The sign shall contain the name of the contact person or company and a telephone number. Any and all vehicles owned by the property owner(s), the parking lot attendant(s)and by friends or family of the property owner(s) and/or attendants(s) or otherwise parked on the property shall count toward the maximum number of spaces that are to be rented. Application for renewal of a license to operate a private parking lot shall be due by December 15 for the upcoming calendar year. The applicant shall provide with submittal for renewal all the items that had been required with the initial application. Each application for renewal of a license to operate a private parking lot on Tybee Island will be subject to an annual review during the month of January for compliance. Any and all incident reports and citations shall be considered during the annual review. If compliance has not been met the license may be revoked by city council upon a hearing that will take place during a regularly scheduled city council meeting or an application for renewal may be rejected. http://library.municode.com/print.aspx?h=&clientlD=14104&HTMRequest=http%3 a%2f%2flibrary.munico... 3/10/2013 Municode Page 2 of 2 Nothing in this article shall be construed as giving any person a right to provide or to continue private parking facilities but, rather,the authorization to provide such is a privilege and not a right. Following notice and hearing, the mayor and council may revoke, suspend, or refuse to renew any license previously granted upon a finding that the license-holder, his agent, representative, or employee has failed to comply with all terms and conditions of the license or has failed to comply with other relevant ordinances of the city or other applicable law(s). Amended site plans excluding the annual review will cost an additional $50.00 to cover administrative cost. Each license is subject to the base annual business license fee and regulatory fee upon approval of the application. The owner shall provide proof of insurance coverage prior to licensing. (Ord. No. 02-2010, 2-25-2010; Ord. No. 09-2010, 5-27-2010; Ord. No. 198-2012, 9-27-2012) http://library.municode.com/print.aspx?h=&clientlD=14104&HTMRequest=http%3 a%2f%2flibrary.munico... 3/10/2013