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Home My Public Portal About120_010_Special Review-21 Officers Row 1of2 MAYOR s g CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL R, CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern ''.,` - Janet LeViner Barry Brown Jan Fox f CITY ATTORNEY Bill Garbett z/ Edward M.Hughes Tom Groover ' t'�` 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: September 12, 2013 Item: Public Hearing Explanation: Special Review—21 Officers Row; zone R-1; Sherry Stipp &Cindy Sukal, petitioners; consideration of special events at existing residential bed and breakfast Budget Line Item Number(if applicable): N/A Paper Work: Ai 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: Date given to Clerk of Council: September 4, 2013 * * * P.O.Box 2749 —403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX (866) 786-5737 City of 5 Ethics if www.cityoftybee.org �ta��B LLLy t oI -} oci PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: August 20, 2013 Petitioner: Sherry Stipp & Cindy Sukal Project Name/Description: 21 Officers Row Action Requested: Special Review Special Review X 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 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 Borkowski X Motion to deny Bramble X Second Callahan X Marion X McNaughton X Parks Chair The Planning Commission recommends: ❑ Approval ® Denial ❑ Continued Planning Commission Chair: Date: Planning & Zoning Manager: , -, Date: -2 I - I 5 STAFF REPORT .,,,,,,,,,m1 „ry,,,, FOR THE PLANNING COMMISSION MEETING OF: August 20, 2013 FOR THE CITY COUNCIL MEETING OF: September 12, 2013 LOCATION: 21 Officers Row PIN: 4-0002-20-014 APPLICANT: Sherry Stipp&Cindy Sukal OWNER: same EXISTING USE: residential bed&breakfast PROPOSED USE: residential B&B with special events ZONING: R-1 USE PERMITTED BY RIGHT: Yes, after Special Review COMMUNITY CHARACTER MAP: North Beach Neighborhood APPLICATION: Special Review PROPOSAL: The applicant is requesting approval to hold special events at a residential bed and breakfast. ANALYSIS This residential bed and breakfast was approved by City Council May 9, 2013. Special events were not proposed at that time. The applicants return now to request special event approval. The general character of the area around the Surf Song Bed &Breakfast is residential and the site is near Jaycee Park. The nursing home is nearby. Allowances for small special events at a residential bed and breakfast are outlined in item 9 of Section 3-060(A): There are two types of bed and breakfast uses defined in this Land Development Code, a bed and breakfast and a bed and breakfast inn. A bed and breakfast is permitted in certain residential areas and intended to be residential in nature. Any slight diversion from the bed and breakfast parameters will change a residential use to a commercial use. A bed and breakfast inn is intended for commercial districts only. Therefore, there can be no variance from the regulations specific to a bed and breakfast. Such a variance will alter the use of the property and thus require a change in the zoning district. The regulations that list requirements for both types of bed and breakfast uses are as follows: (A) Bed and breakfast(residential). (1) Limited to no more than seven rental units consisting of sleeping and sanitary accommodations, and one dwelling unit to be owner occupied. (2) The owner is required to live on premises and agree to make available proof of residency. (3) Food service limited to breakfast for guests only and to be served between the hours of 5:00 a.m. to 12:00 noon and an afternoon snack. (4) Under no circumstances will an alcoholic beverage license be issued. (5) No less than one off-street parking space per rental unit, and a minimum of two parking spaces for the owner. (6) A buffer is required with a minimum height of six feet within each of the side and rear yard setbacks. (7) One on premises sign, not to exceed 12 square feet, may either be posted on the structure or on a post.A post sign may not exceed a height of six feet from the highest point of the sign. A post sign is to be located no nearer than ten feet of the right-of-way. No signs are to be allowed that are illuminated from within. Post signs may be downlit with no more than two spotlights with a maximum wattage of 75 watts per bulb located on each side of the sign. Signs posted on structure may be lit with no more than one spotlight with wattage not to exceed 75 watts.All sign designs must be submitted as a part of the conditional use permit drawn. (8) A limited site plan approval is required to show the number and location of guest rooms, the parking plan, and the proposed design for the buffer.All site plans must be submitted on or along with a valid survey of the property. (9) Small special events are permitted not to exceed 20 guests upon completion of a special review to include standards and restrictions to hours of operation, and requirements with respect to lighting,parking, signage, and buffering so as not to unreasonably interfere with the residential uses of abutting.properties. (10)A public hearing before the mayor and council is required. This permit is only valid as long as all conditions specified are met. Any permitted use must adhere to the approved standards, restrictions and parking plans and any other conditions imposed by the mayor and council. 1 The applicant's narrative states the special events at Song Surf B&B would end by 10:00 pm. There are 5 rental units and 1 owner unit at the site. The proposed use meets the applicable Recommended Development Strategies outlined in the Comprehensive Plan Community Agenda, Section 1.2.9. Comprehensive Plan—Community Character Area North Beach Neighborhood—Section 1.2.9 Meets Recommended Development Strategies Strategy Y/N or N/A 1 New development,redevelopment and restoration should be consistent with existing character of the area in terms of mass,scale,use and density. 2 Establish standards and design guidelines for signage.Develop a"theme" for signage to ensure that it is N/A consistent and fits with the character of the area and the Island as a whole. 3. Provide signage for landmarks and commercial businesses in this area. N/A 4. Historic structures should be preserved whenever possible. Y 5. The City should provide appropriate incentives for historic restoration projects. N/A 6. Pursue historic district/historic structure designations for appropriate areas within this district. N/A 7. Ensure continued preservation of old growth trees,parks and greenspace. N/A 8. Support the continued development of the Tybee Island bikeway including bike lanes and multi-use trails. N/A The R-1 District as outlined in the Land Development Code Sec.4-050(A): "This land use district is established to minimize development densities in certain portions of the island to prevent overall development on the island from exceeding its environmental carrying capacity. Also, to provide for quiet, livable, low-density single-family neighborhoods including compatible and supporting low impact educational, religious, and public institutions, as well as limited provisions for bed and breakfast operations. The character of development in these areas is oriented for permanent residents. This district shall remain single-family residential with some light family oriented service uses. Commercial and industrial uses are incompatible with this district." Section 5-070,Standards for Special Review,provides seven criteria. Staff finds the request meets five of the seven criteria. It is not possible to determine at this time if the special events would meet the remaining two criteria. Section 5-070—Standards for Special Review CRITERIA Meets Criteria Y/N or N/A The proposed use will not be contrary to the purpose of this Land Development Code. Yes The proposed use will not be contrary to the findings and recommendations of the Master Plan. Yes The proposed use will not be detrimental to the use or development of adjacent properties or the to be general neighborhood or adversely affect the health and safety of residents and workers. determined The proposed use will not constitute a nuisance or hazard because of the number of persons who will to be attend or use such facility,vehicular movement associated with the use,noise or fumes generated by or determined as a result of the use,or type of physical activity associated with the land use. The proposed use will not be affected adversely by the existing uses of adjacent properties. Yes The proposed use will be placed on a lot which is of sufficient size to satisfy the space requirements of Yes said use. The parking and all development standards set forth for each particular use for which a permit may be Yes granted will be met. Section 5-070(B) allows the Planning Commission to suggest and the Mayor/City Council to impose additional restrictions and standards such as increased setbacks,buffer strips, screening,hours of operation, etc.,to protect the health and safety of the community and to protect the value and use of property in the neighborhood. 2 STAFF FINDING Staff finds the proposed special events at the Surf Song Bed and Breakfast is not contrary to the Land Development Code and the Recommended Development Strategies of the North Beach Neighborhood Community Character Area. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Application(2 pages) B. Narrative from the applicant(1 page) C. Parking plan(1 page) L s vrNa; ( -Pro^^ -1-1.4. ap p l :can+ i e e e i ve.c. i-4-( 3 (I pa 5 e) D. Photos of existing conditions(1 page) E. SAGIS map (1 page) F. Survey(1 page) 3 ''j ! f' CITY OF TYBEE ISLAND Fee$5OOJ t;\ SPECIAL REVIEW APPLICATION �,4 Applicant's Name 31.,..c \. 'L� c �eo T 4 Address and location of subject property ( k C ci(S2 ( ) ROl. i PIN LIt -b002- 2D'-b Applicant's Telephone Number q tZ- -? .Z- DSLD Applicant's Mailing Address TD - D/ \-75-1 f , 1 hQ e T5 d` M 3 3a Brief description of t land develop( t activity and use of the land thereafter to take place on the property: B,,,t Property Owner's Name 1QJft1 S I0_,ASt/ hone Number ( 71�y- � v Property Owners Address -� Is Applicant the Property Owner? Yes No If Applicant is the Property Owner, Proof of Ownership is attached: IL Yes If Applicant is other than the Property Owner, a signed affidavit from the Property Owner granting the Applicant permission to conduct such land development is attached hereto. Yes Current Zoning of Property F Current Use eC eo t�kc-I Names and addresses of all adjacent property owners are attached: (des If within two (2) years immediately preceding the filing of the Applicant's application for a zoning action, the Applicant has made campaign contributions aggregating to more than $250 to the Mayor and any member of Council or any member of the Planning Commission, the Applicant and the Attorney representing the Applicant must disclose the following: a. The name of the local government official to whom the campaign contribution or gift was made; b. The dollar amount of each campaign contribution made by the applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action, and the date of each contribution; c. An enumeration and description of each gift having a value of $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. Disclosure of Ca i n Contribu ions r attac hereto: �'" Y p I� nt es r Signature of Applicant � U Date NOTE: Other specific data is required for each type of Special Review. Fee Amount$ — Check Number Date CS' - C I - Z o l 3 City Official _. .�• NOTE: This application must be accompanied by following information: A detailed description of the proposed activities, hours of operation, or number of units. 13 copies, no smaller than 11 x 17, of the proposed site plan and architectural renderings. The Applicant certifies that he/she has read the requirements for Site Plan Approval and has provided the required ipformation to the est of his/her ability in a truthful and honest manner. / L-a) -7 131 ( 13 Signat re ef Applica Date Surf Song Bed& Breakfast is requesting a special review for using the property for corporate retreats/business meetings,special classes(art,food)special dinners(such as Christmas,Anniversary, etc).The events would be limited to less than 20 people,the hours would be 11am to no later than 10pm. No special lighting would be needed, parking would be limited to what we currently have for our B& B and would be limited to the house and the porches/pool area/Side Garden. We currently have a fence that abuts to both sides of the property and we have added several bushes to add to the buffering for our neighbors. Thank you for your consideration! Sherry Stipp Cindy Sukal Dianne Otto From: Sherry Stipp [stipp @msn.com] Sent: Wednesday, September 04, 2013 3:44 PM To: Dianne Otto Subject: 21 Officers row To our city councilmen,friends and neighbors: I would first like to thank everyone for coming to the zoning hearing and voicing their concerns about Surf Song Bed & Breakfast obtaining our special permit. Since I was unable to attend the meeting, I would like to try and address some of the business issues that caused great concerns. 1) Parking: It was brought to my attention that this spring many of the workers were parking in areas that were not authorized parking. For that, I offer my sincerest apologies. Unfortunately, we were forced to do 6 months of work in a ten week time frame. This caused some problems, but we did our best to control. (Some of this problem was caused by neighbors tenants parking in our designated spots.) 2) Noise Levels: This summer the home was used as a rental property. Just like many of the homes on Officers Row. Tenants do tend to be loud and unruly sometimes. These were the 2 concerns that were brought up. AS you can see. these were problems that existed when we were operating as a rental property and not a Bed & Breakfast. Cindy Sukal, is now a full time resident at 21 Officers Row and we have opened our doors as Surf Song Bed & Breakfast. AS far as I am aware, there have been no issues of any kind since we have opened. Our guests have been relatively quiet and we have had no parking issues. Our goal is to obtain this special permit so that we will be able to have corporate retreats, holiday parties/Dinners, etc. Obviously, we will abide by the 20 person maximum rule. Please know, that our goal is not to do any weddings or wedding receptions at all. We would just like to be able to provide additional services that we feel will help the community. An example would be,the Tybee Island Art Association has approached us about doing cooking classes, and also some art classes. Thank you for your time and consideration, Sherry Stipp Co-Owner Surf Song Bed & Breakfast 912-472-1040 IE'SI \ 0 L so or sYLI � . / "LT 3aa8H / 3aooP1 + ace � � iIIV titi ° • I 2rz y. h ' ° ) O A 3 s ° ° n t.-.• 6 'SI 3 � 3 d 00�OT z 1 •e 3 ,ZO N3a.OH r :'L[ Wltld. i 01 r Gi ± £S'LT + cm b�. ca pti - ZO abOH a /86r-I N3I. sa b3a210H (o bS'OI+ ` . \• .' ,r-- NJI21H W •d .OI L9b ,_'(''}F • / • 00'6 '•�' '- I. Wldd .2I .1 r 1 - . . . 3/d x Nltl. .p. I II x37N3d • x 13�Illtlll d ' • a' E88 +N Ib W IIRg -� / >I3RIg 3321H1 {• i• to /i y � t 0 Nit, 0 \ C E'6 n ° 21 - � 1 elf)❑ N'd313 ' . •,/////:// - - keb'1fN iS • - • • - /i j / ` 08'91 \ 9E'0i+ 1.6'8 v\9161 ,I 3A1 .4£_ .i + //// /Frf AtAj 213a2TOH �� I.b >I3I21H ,.VW NV 3AI1 .4. Ws Y in /LI + SJINtll I 69'9T `. 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