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HomeMy Public PortalAbout120_030_Ord 21-2013 rezone Laurel Ave MAYOR 8. CITY MANAGER Jason Buelterman L� Diane Schleicher CITY COUNCIL '(" CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Jan Fox ) CITY ATTORNEY Bill Garbett Edward M.Hughes 0 Tom Groover ,,1r' 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: June 13, 2013 Item: Public Hearing Explanation: Map Amendment&Text Amendment–Ordinance 21-2013 –First Reading Proposed Section 13-015, South side of Laurel Ave. Budget Line Item Number(if applicable): N/A Paper Work: Attached* AudioNideo 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 7, 2013 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified (866)786-4573—FAX(866) 786-5737 i City of Ethics www.cityoftybee.org � f �'AI,BLL� g ,.,___,____________72 PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: May 21, 2013 Project Name/Description: Amend zoning from C-2 to R-2 Action Requested: Map and Text Amendment Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map X 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 deny Bramble X Second Callahan X Marion X ____ McNau g_hton X Parks I Chair The Planning Commission recommends: ❑ Approval ® Denial ❑ Continued 4\ iih Planning Commission Chair: Date: 1p/(O/13 Planning&Zoning Manager: y� fin, > � Date: (p-7-13 ORDINANCE NO. 21-2013 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND, GEORGIA RELATING TO ARTICLE 13 OF THE LAND DEVELOPMENT CODE 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 Article 13 of the Land Development Code so that the properties described herein are designated for clarification and rezoning in order to correct the status of certain properties and in order to ensure that the properties comport with their current use and the overall plan of the city; NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that the zoning map is amended and the text is hereby amended so that the following properties are changed from their current zoning as reflected on the table below as follows: Sec. 13-015. PIN ADDRESS CURRENT ZONING AMENDED ZONING 1. 4-0026-03-OO1A 1114 Laurel Avenue C-2 R-2 2. 4-0026-03-015 1112 Laurel Avenue C-2 R-2 3. 4-0026-03-016 1110 Laurel Avenue C-2 R-2 4. 4-0026-03-017 1108 Laurel Avenue C-2 R-2 5. 4-0026-03-018 1106 Laurel Avenue C-2 R-2 6. 4-0026-03-019 1104 Laurel Avenue C-2 R-2 7. 4-0026-03-008 1102 Laurel Avenue C-2 R-2 8. 4-0026-07-018 1018 Laurel Avenue C-2 R-2 9. 4-0026-07-019 1016 Laurel Avenue C-2 R-2 10. 4-0026-07-016 1014 Laurel Avenue C-2 R-2 11. 4-0026-07-015 1012 Laurel Avenue C-2 R-2 12. 4-0026-07-020 1010 Laurel Avenue C-2 R-2 13. 4-0026-07-021 1008-B Laurel Avenue C-2 R-2 14. 4-0026-07-022 1008-A Laurel Avenue C-2 R-2 15. 4-0026-07-023 1006-B Laurel Avenue C-2 R-2 16. 4-0026-07-024 1006-A Laurel Avenue C-2 R-2 17. 4-0026-07-010-A X-Faiier on empty lot C-2 R-2 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 , 2013. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/2013/21-2013—Sec 13-015 zoning map amend 05.29.13 . . - _rk \ )..:i---`. _..,7\\ r.O.--t d� e .r" ` r_ y,-.r .--A w ),r°4.s�' r 4,.-may, ii. . +f i �.+ yr ' 'IV•••'-'-% lit .,,,... 5 5 5 'ti s F J'-5 _- . _ ry i LIVE-OAK ANE S �� - 1�;►s, rr a ®. t --'7.--i -7— �. l'—' -`-,a.-._.a.r_. TT ,�..� �, i J1L1j [ c j I X IIi� � � ,�. ... ^ I 1 ` 1 p'f +ut 7- �7 �y tI_ y arm Y EEC . ' 3.,. i • i� I��•a.99.�"-�4 _r.�� ..-:. • ..r O�`J d'b • 1 7 Il i r-- . t) '..ir '\77,11, 01 : '''' . _ -.-. ., 11 t 2 .4. 1 , ALgti i 4r .......,_ _ _ ....._ _ ......,.......,„. , I "_______._ , . _ : . ' ' , I F Icl-"'''-"Nj I r . 1-\,,,,,, N,,,,,,,,F.-'-‘.-..,„. 1 ..""r") ' i 1 j ''�,f d� • • south side of Laurel Ave. . --2------- 5p,.-_,„..„...:..• .....,,\ __...__ _ ____________----___ .___-- i il i f ) 1---1----n-r—n—r-----1---,--,.,_- ■------- 1:11,1F- -. - i I ± ) r 1 il f ) ) ----r---1--- --E-A1--,N t,,. — S4D;S:Kg_gf{:1:¢4. ) i if i we* j ; -1. -7 I 1 1 ?"--...L_It L.-----_„,t_ I t 1 I 1-7-1 i t ; 1 1 f ,1 I ; 1— ----1-___I I ? i 1 r----------j I K., ; f ; I ' ! j ' i I----t-i----f----1_1 L I Z L.--.J... f 1 1 1 LLL 1 1 ,I f f J 1 )--- A ! 1 ! —----11 -I rr- -----------d____L r -----1 L__ : I 1 f , ------ L 8REWEtrAtO r-- 11 I 1 ) it ,1 it i 1 .1.: , - „ii _L___.,. , , 1 i II 1 ---- Li ,..1___)' __Li_ i ,, 1 , .. ! , i ? E U.S.piacHwAv.80 . _I.__L..) g i i 1 r--- ; ,---,--- (3) !------- , —1, 17-7----r,--------, I L___, , 4 ' 1 1 1 1------------ . , . 1 i I 1 ft I ; .1 , I ; Dianne Otto rl From: Dianne Otto RECEIVED Sent: Monday, May 20, 2013 5:41 PM To: 'fisherpa64 @comcast.net' 6-2o-I3 Subject: RE:Zoning Change on Laurel Avenue Thank you for submitting the comments below which will be read aloud during the May 21st Planning Commission meeting. Dianne K. Otto, CFM City of Tybee Island Planning &Zoning Manager phone 912.472.5031 fax 912.786.9539 From: fisherpa64@comcast.net [mailto:fisherpa64Cacomcast.net] Sent: Monday, May 20, 2013 5:39 PM To: Dianne Otto Subject: Zoning Change on Laurel Avenue Hi Dianne, I am not able to attend the Planning Meeting on May 21st and am sending this email to you so that my opinion can be part of the meeting record. I own property at 1102 Laurel Avenue and am opposed to changing the zoning from comercial to residential for the following reasons: The change would devalue my property. My property is worth more as commercial than as residential. The change would restrict my use of the property. It would limit any future plans I may have. I purchased my property with the knowledge that it was zoned commercial. I also feel that the property owners on Highway 80 on the back side of these lots should be notified of the proposed change, also. The zoning change has a big impact on them in terms of potential future development. Thank you. Patricia Fisher 1102 Laurel Avenue 912-312-4885 1 Dianne Otto 4 14 From: Dianne Otto Sent: Tuesday, May 21, 2013 11:57 AM To: 'josephshields @juno.com' Subject: RE: Laurel Avenue Rezoning Thank you for submitting the comments below which will be read aloud during the Planning Commission meeting this evening. Dianne K. Otto, CFM City of Tybee Island Planning & Zoning Manager phone 912.472.5031 fax 912.786.9539 From:josephshields @juno.com [mailto:josephshields @ juno.com] Sent: Tuesday, May 21, 2013 11:50 AM To: Dianne Otto Subject: Laurel Avenue Rezoning Dianne, I wanted to follow up on our phone conversation from yesterday and say that as a resident of the southside of Laurel Avenue here on Tybee, I am in favor of the proposed amendment to change the zoning on that part of the street from C- 2 to R-2. I will not be in attendance at tonight's planning commission meeting or at the City Council meeting on June 13, 2013,but certainly you have my permission to use this e-mail at either meeting if you see fit. Thanks so much for taking the time to talk with me. Sincerely, Joseph Shields P.O. Box 1906 1008-A Laurel Avenue Tybee Island, GA 31328 (912) 786-0710 josephshields@juno.com Weird trick Bank loophole lets you collect silver from practically any bank stansberrvresearch.com 1 (i0 May 20th, 2013 RECEIVED - To: all Planning Commissioner Members From: Kenneth D Wade, property owner, PIN# 4-0026-07-024, 1006A Laurel Ave. and Previous Planning Commissioner, 2 terms for City of Tybee. RE: Rezoning my property, It is with regret that I cannot come to the scheduled meeting because I am out of town working. I am opposed to any rezoning of my property! I have watched as previous Planning and Zoning Commissions have taken away my personal property right s over the years and am appalled at this rezoning. The reason the property is zoned C1 is because of its proximity to HWY 80. Every day and every night I listen the cars go by on this busy street. When the traffic backs up it affects me directly. I am surrounded by commercial property. Why would I want to change my zoning and lose more rights! I purchased this property because of the zoning. I run a small business from my home. I would suggest to any of my neighbors who do not want to live in a C! Zone to simply move to a R1 zone, or better yet back to the town from where they came. DO NOT REZONE MY PROPERTY!!! Respectfully Submitted, Kenneth D. Wade