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HomeMy Public PortalAbout120_010_Special Review & Site Plan 1701 Butler 1of2 MAYOR `� CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL ;, CITY CLERK Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown Rob Callahan . " CITY ATTORNEY f Bill Garbett Edward M�. ,Hughes g Monty Parks rr Paul Wolff '7rb",YI Tf�tiSEi 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: January 9, 2014 Item: Public Hearing Explanation: Special Review & Site Plan Approval— 1701 Butler Ave.; zone C-1/SE; Beachview Bed & Breakfast, petitioner; consideration of special events, pavilion with storage, and pavers Budget Line Item Number (if applicable): N/A Paper Work: ■ 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: January 2, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified* (866) 786-4573—FAX (866) 786-5737 ' City of Ethics www.cityoftybee.org �� B �J? Ai PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: December 17, 2013 Petitioner: Beachview Bed & Breakfast Project Name/Description: 1701 Butler Avenue Action Requested: Special Review & Site Plan Approval Special Review X Subdivision: Site Plan Approval X 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: For each special event, a parking plan or shuttling contract must be submitted. All buffering requirements must be completed within 60 days after approval. VOTE FOR AGAINST COMMENTS Bishop Recused Borkowski X Second Bramble X Motion to approve with conditions Callahan Recused Marion _ X Vice Chair McNaug hton X Parks Chair Absent The Planning Commission recommends: El Approval ❑ Denial ❑ Continued , Planning Commission Chai • Date: [ 1° i I Planning& Zoning Manager: i{ a��. Date: -� q � ��E i , `mot_.. I �/ - f' STAFF REPORT ' PLANNING COMMISSION MEETING: December 17, 2013 a +� CITY COUNCIL MEETING: January 9, 2014 4. 11H,c LOCATION: 1701 Butler Ave. PIN: 4-0009-02-008 APPLICANT: Beachview Bed &Breakfast OWNER: Karen Kelly EXISTING USE: bed &breakfast PROPOSED USE: bed&breakfast with special events&pavilion ZONING: C-1/SE USE PERMITTED BY RIGHT: Yes, after Special Review& Site Plan Approval COMMUNITY CHARACTER AREA: South End Neighborhood APPLICATION: Special Review and amended Site Plan Approval PROPOSAL: The applicant is requesting Special Review and Site Plan Approval to have special events, and Site Plan Approval to install a cover over a concrete slab. The pavilion would have two attached storage areas. Installation of pavers in the existing parking area is also proposed. ANALYSIS The request to build a pavilion with storage areas on an existing slab is subject to Site Plan Approval [see the last sentence of Section 4-050(E), regarding external changes]. The request for special events is subject to Special Review and Site Plan Approval under Section 4-050(E)(5)(b): (5) 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. b. Dwellings or structures rented for special events, provided however, 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 department of building safety and regulatory services; 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. 1 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 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 department of building safety and regulatory services. At the March 19, 2013, Planning Commission meeting there was a 5-0 approval of a Site Plan Approval request to install a concrete patio at the Beachview Bed and Breakfast. City Council unanimously granted the request at its meeting on April 11,2013.The Minutes of these meetings are included. The requirement that 65% of the setbacks be greenspace was met (Section 3-165). The types of material for at grade patios are not regulated (Section 3- 200). Permit 13-0244 was issued April 16,2013.The patio has been installed. The applicant now returns with a request to install a cover above the patio with two attached storage areas. The proposed pavilion would be for use by guests of the bed and breakfast, and for small wedding and other events. There are residential uses on all sides of the commercial bed and breakfast. The applicant has provided photographs of the existing fencing and vegetation, the narrative states she will finish the fence across the back lot line. The protective screening standards of Section 3-160 are provided below. Subsection (2), Special Review, is applicable due to the abutting residential uses and the existing buffer not meeting the basic requirements of subsection(1). No buffer is required for a commercial use adjacent to a commercial use. In cases where a commercial and residential use abut or will abut and where: (A) New construction is proposed; or (B) Existing improvements are to be expanded by enlarging the footprint of existing occupied or usable improved space by 25 percent or more; or (C) A change in the kind, character or degree of use of improved property is proposed, and there is no existing buffer in place on the property that is to be improved or any existing buffer on such property would not meet the requirements below, the owner or applicant shall be required to seek special review unless a buffer satisfying the following requirements is met: (1) Basic requirements. a. An arboreal landscaped buffer not less than five feet wide with a well maintained masonry wall or privacy fence no less than eight feet in height above grade shall be provided and properly maintained along its entire length by the users of the property to be built upon or expanded. Such buffer shall be planted with deciduous trees, evergreens, flowering trees, ornamental trees, or any combination of the same not set fisrther than ten feet apart at any given point along the buffer. The buffer shall be measured from the property line of the property to be improved. In no instance will a street, sidewalk or other like improvement be permissible as a buffer. In no instance will a dumpster or mechanical unit be permitted in a buffer. b. The area beneath and between the planted trees shall be kept free of foreign debris and unmanaged undergrowth. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. c. All planting plans shall be first submitted to the city zoning department during the review process for approval of the planting materials and arrangement thereof in accordance with the provisions of this Land Development Code. 2 (2) Special review. In the case of any plans or proposed plans which do not meet the requirements of subsection section (1) hereof special review shall be required for consideration thereof and in connection therewith, the mayor and council may impose conditions or restrictions designed to protect the properties including adding or reducing buffer requirements, restricting or expanding uses within the buffer area, additional or reduced fencing, vegetation and/or any other restrictions or conditions reasonably designed to protect the abutting property as well as the property sought to be improved. All requirements of Section 3-070(B) for a detached accessory structure on a commercial lot, including 5-foot setbacks, are met by the provided Site Plan. The website for this facility (http://beachviewbbtybee.com/) states there are 8 guest rooms. The parking lot has 10 provided parking spaces. The most comparable use listed in Section 3-080(D), Commercial Off-street Parking, is Hotels/Motels. It requires one parking space per guest unit without a kitchen, and one parking space for every two employees.Assuming there are not kitchens in the guest units, and assuming there are two employees, the 10 existing parking spaces are adequate for the bed and breakfast use.The Site Plan Approval request for a patio that was approved earlier this year was processed as a patio to be used as an amenity for the bed and breakfast. Therefore, it was not considered to be an additional use that required additional parking spaces. The current application for a pavilion for special events does trigger a requirement for additional parking spaces. The open area of the proposed pavilion is 23-feet 8-inches by 40-feet, or 947 square feet. Section 4-050(E)(5)(b) requires one space per four persons, with an occupancy calculation of one person per 15 square feet of usable exterior space. The occupancy is 63.13 people and the required number of parking spaces for the proposed pavilion is 15.78, rounded to 16. The 10 spaces required for the bed and breakfast use plus the 16 required for the pavilion equals 26 required parking spaces. The applicant has not provided off-site parking arrangements as allowed by the ordinance. The narrative states restrooms are available for the special event guests in the main hall of the bed and breakfast. The proposed installation of pavers will not change the 10 parking spaces provided. If it has not already been delineated, one accessible parking space will be required during the paver project. A drainage plan with supporting calculations prepared by a Georgia-licensed engineer and approved by the City's consulting engineer will be required prior to a permit being issued for the parking lot improvement project [Sections 3-070(B)(5); 5- 010(H); 16-1901 An electrical permit would be required for the installation of outside lights discussed in the narrative from the applicant. A 2013 Entertainment License was issued to the Beachview Bed and Breakfast along with an Alcohol License for Beer/Wine by the Drink,and Sunday Sales.All of these licenses are subject to annual approval by City Council. The area near the Beachview Bed and Breakfast is a mix of residential and commercial uses. Butler Avenue is a main thoroughfare for vehicles and pedestrians on the south end of the island. The request for the pavilion is in keeping with the C-1 Beach Business District as outlined in Section 4-050(E): The purpose and intent of commercial districts is to provide central locations for city businesses and services to meet the market needs of Tybee Island 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. The project is located in the South End Business Overlay District. Section 4-050(0) states: 3 All commercial and multi family residential uses are permissible subject to site plan approval. In this district, the site plans established here 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 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 ownerldeveloper and the city specifying the site plan, location of utilities, improvements, setbacks, driveway locations and dimensions and lot coverage may be required. Below are the 2008 Comprehensive Plan description of the South End Neighborhood Character Area and a table of the Recommended Development Strategies of the character area as applicable to the pavilion project. This character area is defined by a mix of primarily residential uses with a growing number of vacation rentals in both single and duplex houses. The area is mainly defined by its proximity to the South End beach and the commercial area of the Strand. There are a growing number of year-round residences as well as seasonal rental uses. Comprehensive Plan Section 1.2.13 Meets Strategy South End Neighborhood Recommended Development Strategies Y/N or N/A Future development and redevelopment should be very pedestrian-oriented with safe N 1' connections to adjacent neighborhoods and commercial areas. 2 New development, redevelopment, and restoration should be consistent with existing N character of the area in terms of mass,scale, use and density. 3. Historic structures in this area should be restored and or preserved whenever possible. N/A 4. Continue to implement improvements to encourage safe pedestrian mobility. N STAFF FINDING Staff finds the request for a pavilion with two storage areas to be used for special events of up to 63 people not in keeping with the description of the Character Area or its Recommended Development Strategies. It is in keeping with the C-1 Beach Business Zoning District. The parking requirement created by the proposed pavilion has not been addressed by the applicant. A parking agreement with an off-site property owner is allowed by the ordinance. A tree removal permit would be required for this project. Approval of a drainage plan will be required prior to permitting for the installation of the proposed pavers in the parking area. Installation of one accessible parking space would also be required.An electrical permit would be required for outside lighting. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Special Review Application (2 pages) B. Narrative by applicant(1 page) C. Reinforced Grass Permeable Patio & Glass Filled Pathway information from applicant(2 pages) D. Site Plan Approval Application (2 pages) E. PC& CC Minutes of patio request March &April, 2013 (2 pages) F. Parking plan from applicant(1 page) G. SAGIS map(1 page) 4-t, �e.r r' C n+3 H. Photographs of existing buffering conditions from applicant 12 pages) A'#, � .k �00 Rep4t- I. Photographs of existing conditions by Staff(1 pa e rank Ketid d s { ),104.11 -pc y■•ex ,,•5 J. Plat with footprint of proposed improvements, dated 10/10/2013 (1 page) rr„cl, 3Le, 02 earns-' K. Elevations of proposed building(1 page) nnr1.44^} ref Was (..j r,• 4e-n ya +a f Cy()to �t �s+ 4u-)Ntou, 0046‘ no !C a5iervio. r aedw 4 hoar :�ctd 4t a rec1[s +a1 I.V.e*U r „9,,r e S� c- ‘,oteva+. s . CITY OF TYBEE ISLAND Fee$500 SPECIAL REVIEW APPLICATION Applicant's Name 3 etaCk U I J Ct d B c� 5 - Address and location of subject property 1761 3 U-1- 1.e v-- Ave Ylbj � � [�'�� j S PIN if- Q ( -O) --CY-0 Applicant's Telephone Number q1"2--'7(U - 5 SC'C'% Applicant's Mailing Address Po Box to , I yet 0 S ko-- '- GA- 3i 3 Brief description of the land development activity and use of the land thereafter to take place on the property: AAA { I J- L I- LL ` i peer/Win ' b/w) � 'rortko L 1).16 cf'ore c i l'rl f r�'g��A seal (14 CC OCkC i hi Veer , lAledrl 1 A l s iCvertl s eel IP Property Owner's Name liar-err e 114 Telephone Number q Lg.- 9 2 b T5SO0 Property Owner's Address 17 0 1 : u 4-I e r J -lip,, /fc Bc K 10 t ee rs )cl 3 13.2 Is Applicant the Property Owner? Yes No If Applicant is the Property Owner, Proof of Ownership is attached: - 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 Co nn rri.e r'c\ c- 41, ;-3/4-chen tki) Current Zoning of Property al. Current Use ,. cd I-BY'eal:V--c s+ J ©r/lr l.feda (-I a0. �r Pe t-i•e 5- Names and addresses of all adjacent property owners are attached: a.---Yes 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 $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for this zoning action. o'll Ili( Qiki q i lIIb1 9oZG 13 Signs ure of Applicant 1 Date NOTE: Other specific data is required for each type of Special Review. Fee Amount$ 6-0C. Check Number 143 1 4 Date 12 - 2-( 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. e./ Disclosure of Campaign Contributions form The Applicant certifies that he/she has read the requirements for Site Plan Approval and has provided the required information to the best of his/her ability in a truthful and honest manner. d ➢ Signatur of Applicant ° , Date SPECIAL REVIEW APPLICATION 1701 Butler Ave know as the Beachview Bed and Breakfast Inn Comments: C-1 property currently zoned as Inn with Entertainment and Beer and Wine License. To add in back rear area a covered pavilion with to include extra storage and covered bike parking for up to 20 bikes. Designed to resemble the old style Tybee pavilion like that at the Fresh-air Home. See attach drawings The pavilion will help complete the Inn Property to more Historical look when there was a second building near this site. The main use for the Pavilion is to provide a place for receptions and small events under shelter,including an alternate to beach wedding when it is raining. The area is for the guest to enjoy during the warmer month for conversation,high tea and beer and wine service. Since the Beachview Bed and Breakfast Inn is a very conservative operation the pavilion will be operated under the same high standards as the Inn. Hours and use of operation.: Limited to mainly to Main houseguest with no use after 11PM. Over all capacity: As specified by Fire Marshall Lighting: As needed inside the area. Outside lights for parking lot safety. All low energy use. (Outside of the Turtle light area of the beach). Parking: Same current 10 spaces in the Lot plus bike parking. Overflow parking if needed will go to one of the three city public lots all within 1000 feet of the Inn. Since the enactment of the parking rules for C-1,the increased private taxi type service,use of bikes and rental of Golf cart type vehicles has lessen the need for on site parking. Park lot: paving material. New innovated gravel paving system. Permeable Parking stones with brick pavers in center area. Looking at using crush glass as fill. Trees: Removing of two Palm may be needed,which have already been offset by addition of one Live oak of equal height and 4 fruit trees . Fencing/ Privacy: The fence will be finished across the back lot line.As well as much of the backside of the Pavilion will be enclosed with storage. Restrooms: Public restrooms are available in the Inn main hall. Proposed outside Restroom attached to the main house pending, Georgia Historical approval. 11/26/13 Growing Hope,Ypsilanti,MI 1 Project Profiles and Case Studies Growing Hope, Ypsilanti, Ml Posted on AUqust 2.2011 by ISI Project Name: Growing Hope Products: Grasspave2 and Gravelpave2 permeable pavers Applications: Reinforced Grass Permeable Patio and Glass filled Pathway City: Ypsilanti • State/Province: Michigan Install Date: May 2011 The recycled glass filled Gravelpave2 pathways surrounds the Grasspave2 reinforced patio. Install Size: 150 m2 (1600 sq ft) Gravelpave2 and 40 m2 (400 sq ft) Grasspave2 1 Address: 32 North Washington St _ ► #11,Ypsilanti, MI ,.... Client: Growing Hope Designer: Growing Hope - .ae? Contractor: Growing Hope The Gravelpave2 pathway goes from the parking lot Volunteers to the entrance of the building, Directions: 32 North Washington St#11,Ypsilanti, MI Location: In front of existing concrete foundation patio. Photography: Brian Francis, Geoproducts Summary: From Growing Hope Center: "We'll be installing products called Gravelpave2 and Grasspave2- both pervious pavers that are a green solution to walkways, driveways,and even parking lots. Gravelpave2 is even ADA accessible. And,even more interesting is what we're filling 11/26/13 Growing Hope,Ypsilanti,MI I Project Profiles and Case Studies with- recycled,crushed,tumbled =: ___ (so not sharp) blue&green bottle glass! We'll be creating a sparking patio, and needs all hands on deck to help us install the panel rolls, mix ,,,,Y1 the 12,000 pounds of glass in bags by color-we'll create a mix), and spread it out." The sperk;:ng glass fiGing e a Gravelpave2 was tumble by volunteers at Growing tope. This entry was posted in Grassoave2,,Gravelpave2,Michigan and tagged gravel porous Paver.permeable pavement. permeable paving.Bookmark the permalink. �_,IS%=• CITY OF TYBEE �SLAN© Fee iw k SITE PLAN APPROVAL APPLICATION Commercial $5 00 Resid-• 0 }, a -n- eel iii 2SD Applicant's Name r Cii hterprIse / Karen i.e.1t LI Address and location of subject property 110 t nu+ler Aventpe,411 — PIN --ON"9-0,-).. - cc? Applicant's Telephone Number 2-`1 - S500 po B,x T.oe � � ignott C-41; 513 a•53 Applicant's Mailing Address po -Box to i—r&,,, o._as 14114 GA 313-x,4, Brief description of the land development activity and use of the land thereafter to take place on the property: Property Owner's Name Ka € - 1 11 Li Telephone Number Property Owner's Address PQ 66x to ,T1 bee. Jsickrek G-A 313'x$ ( 1/4 kppl•`c4sit Is Applicant the Property Owner? ✓5'es No If Applicant is the Property Owner, Proof of Ownership is attached: Vies 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 C.1 Current Use Cal Names and addresses of all adjacent property owners are attached: 1/Yes 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 $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the application for thi zoning action. i "r / r c- r Ailik.. a•. II. Aid;•!) Off/i 3 Signature of ' .lican Date NOTE: Other specific data is required for each type of Site Plan Approval. Fee Amount$ 100--, Check Number 1'715 Date 11 /O5J1, City Official QI). NOTE: This application must be accompanied by following information: 1 copy, no smaller than 11 x 17, of the proposed site plan and architectural renderings. iregetiA 1 copy, no smaller than 24 x 36, of the engineered drainage and infrastructure plan ,4 - iQJ T prDpasw 1 copy, no smaller than 11 x 17, of the existing tree survey and the tree removal and landscaping plan. Disclosure of Campaign Contributions The Planning Commission may require elevations or other engineering or architectural drawings covering the proposed development. The Mayor and Council will not act upon a zoning decision that requires a site plan until the site plan has met the approval of the City's engineering consultant. (Note: Section 5-080 (A) requires, "Once the engineer has submitted comments to the zoning administrator, a public hearing shall be scheduled.") The Applicant certifies that he/she has read the requirements for Site Plan Approval and has provided the required information to he be t of his/her ability in a truthful and honest manner. �► 11 -01-13 Signature oiplica 6141-.4. Date Planning Commission Minutes 03/19/2013 — partial Site Plan Approval—Karen Kelly—Patio at Bed&Breakfast—1701 Butler Avenue Ms.Otto—This bed&breakfast is proposing installation of an at grade patio to the southwest within their property. On the site plan it shows there are still adequate parking spaces for the number of units. The patio would be in the back of the parking lot as shown in this photo[referring to PowerPoint]adjacent to the building. Mr.Callahan—At this stage,do we need to know the dimensions or materials? Ms.Otto—The dimensions are provided. It's on the first page of the application as a 20-foot by 40-foot, With the recent change to Tybee's ordinance about patio materials,it will be calculated whether 65%of the setbacks have to be greenspace. If that is accomplished,then it could be any materials. Mr.Parks—Do I have a representative from the applicant here? Frank Kelly came forward and introduced himself. I am the husband of the owner. The area is 20 by 40 and the proposed material is cement. Currently it is an empty lot and it would still be less than 70%of the property covered. Mr.Marion—The use will be for anything? Mr. Kelly—Guests and entertainment. We are a commercial lot,part of the south end district,and entitled to the rights and rules of the south end district. Mr.Marion—The people adjacent behind you,I think there is natural bamboo landscaping, Have they given you any feedback? Mr. Kelly—The orange house is actually a part-time rental. The other neighbors are glad they are no longer looking at the back side of the Hunter House. Overall there has been no negative feedback on what we have done to improve that area. Ms.Bramble—That is where those two cabins were? Mr.Kelly—No,actually the Hunter House used to own the property where those two houses were. The orange house was where the cabin was and to the right was the old bathhouse. If you look back to the drawing,those are the walkways that went back over there. We're just in front of it. Mr.Bishop—This is strictly an uncovered patio,no plan to put a roof over it? Mr.Kelley—Not at this time. Ultimately my wife would like to put another building there but that is another program. Mr.Parks—Do you plan to light it? Mr. Kelly—There should be some type of lighting over there,more accent type of lighting. Mr.Parks—is that part of the site plan,something we should be asking for? How about electrical outlets? Mr.Kelly—There are electrical outlets already throughout that area just by the walkway. Typically you're going to have some type of outlets just like they have around the parking lot on the strand. Ms.Otto—Without adoption of the lighting ordinance that is coming,we don't have a requirement for a lighting plan. Mr.Parks—Is there anybody else that would like to address the issue? [There were none.) At this time I will close the public hearing. Do I have a motion? Mr. Bishop—Motion to approve. Mr. Callahan—Second. Mr. Parks—I have a motion to approve with a second. Those in favor of the motion to approve the site plan,please signify. [Vote was unanimous.] City Council Minutes 04/11/2013 — partial Site Plan Approval - 1701 Butler Ave; Zone C-1/SE; Karen Kelly, petitioner; patio at bed & breakfast. Ms. Otto stated this request is for the installation of a patio toward the rear of the parking area. There will be no change to the required parking spaces for the bed and breakfast. This request was approved by the Planning Commission with a unanimous vote. Frank Kelly approached mayor and council to answer any questions. Mr. Brown asked Mr. Kelly if he has to get a special event application for any events that might occur at the property. Mr. Kelly stated no that the bed and breakfast is part of the South-end District and are a commercial property. He also clarified he does have entertainment and alcohol licenses. After some discussion with the type of materials Mr. Kelly will be using, Ms. Otto stated that Sec 3-200 was modified dealing with patios as they are not required to be permeable material and the only aspect is the 65% green space for the setbacks be met. Wanda Doyle made a motion to approve. Barry Brown seconded. Discussion: Mr. Brown asked Ms. Otto if this was a bed and breakfast or special event house. Ms. Otto responded it is a bed and breakfast. Vote was unanimous. „, - .. ___ -,, p .,.. ,.... ., ▪•t• :. . • r .. 6 -N. ., o a • : • ...„... rel ' ' -.- • • -11 ■4......,....1-,- .1 di vArdiroppr i& .:.. 1 1 ▪_ • - • •A Ird el rium •41 541 5 . ” .r • • ,� r ....•. \si\\7_, .4. I • C%4 E •: ":444S\4:1114' 1 irii 8..[_. , 4: -3/44 Palm FT *%\\\a, .• l CI oe/jf 0- 77 1701 Butler Ave. ‘,___,0,100. ;vele _.......tr„ , 4,41. r , „ , ! ., _ ` `.z .ter 1— ... Ail ! A - kilt/t 441, id.1 . , -.- ., ., , --;I' 4 Api, = .. • . .4 riar„...c..._,L .,:iii, t.,, , at, .. , ,„, . _ ... _ 1-".. 3741 Butler Ave. y 4 ii r ° photographs of _ ., "Alit-,;" # :+� existing conditions U :. from applicant , 7r Karen Kelly ._,, 1. iii0 . , . - . ... , :-:ii. I - . r� } _ _. _ 1 A.'f�4% - sr 4 i - , k' �y { . i f i. i. :,. -„, 0 blip ,. ..- .1r- . k4- . . ''.‘is kat” iplik , * . s•a a 4. i .1 sat ,. F✓ i� g �'1`� 1701 Butler Ave. :' ` . photographs of Wit rfif ... , --0-.4! 1J .„ existing conditions from applicant ` t Karen Kelly 1 , ' ,`. .0. j ' fir} Rr '� - 1 : ' : I ' , '.: , H 1 e.11111111111 ffhl , y: •1.t 1 , % . I" A A. 4" �. 41 Ir�ryryyll i ,, 29 I r I all •r y - Photographs of existing .- conditions by Staff • • • r F R .,•it 'e.".44', .4."-) ,:of• • , CT -. -, - " - :1t -: • - • =`� _•olio, -4, r �" r .x - .._-• ..41,-;-. is:• y - s f ran kkLa STAFF REPORT d s- rAbad .- PLANNING COMMISSION MEETING: November 19, 2013 a1._ pa f - Q CITY COUNCIL MEETING: December 12, 2013 J LOCATION: 1701 Butler Ave. PIN: 4-0009-02-008 APPLICANT: Karen Kelly OWNER: same EXISTING USE: bed&breakfast PROPOSED USE: bed&breakfast with special events ZONING: C-1/SE USE PERMITTED BY RIGHT: Yes, after Site Plan Approval COMMUNITY CHARACTER AREA: South End Neighborhood APPLICATION: amended Site Plan Approval PROPOSAL: The applicant is requesting approval to install a cover over a concrete slab at Beachview Bed and Breakfast, an existing commercial bed and breakfast. Two attached storage areas are included with the building plan. Installation of pavers in the existing parking area is also proposed. ANALYSIS At the March 19, 2013, Planning Commission meeting there was a 5-0 vote on a motion to approve a request to install a concrete patio at the Beachview Bed and Breakfast, 1701 Butler Avenue. The City Council then unanimously granted Site Plan Approval for the request at its meeting on April 11,2013. When permit 13-0244 was issued on April 16, 2013, there were no standards for the types of material to be used for decks and patios that are lower than one-foot above grade (Section 3-200). The patio has been installed. The requirement that 65% of the setbacks be greenspace was met(Section 3-165). The applicant now returns with a request to install a cover above the patio with two attached storage areas. The applicant stated on the Site Plan Approval Application the proposed pavilion would be for use by guests of the bed and breakfast, and for small wedding and other events. The buffer requirements of Section 3-160 are applicable. The applicant has provided photographs of the existing fencing and vegetation adjacent to the proposed pavilion. She is not opposed to providing additional fences although doing so may require disturbance of the stand of bamboo and other vegetation. No buffer is required for a commercial use adjacent to a commercial use. In cases where a commercial and residential use abut or will abut and where: (A) New construction is proposed; or (B) Existing improvements are to be expanded by enlarging the footprint of existing occupied or usable improved space by 25 percent or more; or (C)A change in the kind, character or degree of use of improved property is proposed, and there is no existing buffer in place on the property that is to be improved or any existing buffer on such property would not meet the requirements below, the owner or applicant shall be required to seek special review unless a buffer satisfying the following requirements is met: (1) Basic requirements. a. An arboreal landscaped buffer not less than five feet wide with a well maintained masonry wall or privacy fence no less than eight feet in height above grade shall be provided and 1 properly maintained along its entire length by the users of the property to be built upon or expanded. Such buffer shall be planted with deciduous trees, evergreens, flowering trees, ornamental trees, or any combination of the same not set further than ten feet apart at any given point along the buffer. The buffer shall be measured from the property line of the property to be improved. In no instance will a street, sidewalk or other like improvement be permissible as a buffer. In no instance will a dumpster or mechanical unit be permitted in a buffer. b. The area beneath and between the planted trees shall be kept free of foreign debris and unmanaged undergrowth. All landscaping shall be maintained in a healthy growing condition, neat and orderly in appearance. c. All planting plans shall be first submitted to the city zoning department during the review process for approval of the planting materials and arrangement thereof in accordance with the provisions of this Land Development Code. (2) Special review. In the case of any plans or proposed plans which do not meet the requirements of subsection section (1) hereof special review shall be required for consideration thereof and in connection therewith, the mayor and council may impose conditions or restrictions designed to protect the properties including adding or reducing buffer requirements, restricting or expanding uses within the buffer area, additional or reduced fencing, vegetation and/or any other restrictions or conditions reasonably designed to protect the abutting property as well as the property sought to be improved. All requirements of Section 3-070(B) for a detached accessory structure on a commercial lot, including 5-foot setbacks, are met by the proposed Site Plan. The website for this facility (http://beachviewbbtybee.coml) states there are 8 guest rooms. There are 10 parking spaces in the existing parking lot of the Beachview Bed and Breakfast. The proposed installation of pavers will not change the number of spaces provided. A drainage plan with supporting calculations prepared by a Georgia- licensed engineer and approved by the City's consulting engineer will be required prior to a permit being issued for the parking lot improvement project [Sections 3-070(B)(5); 5-010(H); 16-190]. The Site Plan Approval request that was approved earlier this year for this location was processed as a patio to be used as an amenity for the bed and breakfast. Therefore, Staff did not consider the patio an additional use that required additional parking spaces to be provided. It is Staffs opinion that the current application for a pavilion for special events does trigger a requirement for additional parking spaces. Although not being caused by an application for a business license, Section 3-080(D)(2), with emphasis by Staff,reads: With the submission of an application for a business license for either a new business or a business that has expanded the occupancy load of the principle structure, changed use, or created additional occupant loads through other structures where permitting has been required by the city, a parking plan must be submitted with the application for approval by the designated city official. If the plan represents significant changes in parking, the plan may be determined to require site plan approval by the mayor and council. The bold text below is the portion of Section 3-080(D)(3) that requires outdoor seating to be included when calculating off-street parking for a use similar to a restaurant. The open area of the proposed pavilion is 23-feet fl- inches by 40-feet, or 947 square feet. The required number of parking spaces for the proposed pavilion is 16. Restaurants, nightclubs, beer parlors and similar establishments shall provide one parking space for each four seats based on a maximum seating capacity of 15 square feet per person plus one space for each two employees_ Maximum seating capacity is calculated on the entire seating square footage including outdoor seating area. 2 A 2013 Entertainment License was issued to the Beachview Bed and Breakfast along with an Alcohol License for Beer/Wine by the Drink, and Sunday Sales. All of these Iicenses are subject to annual approval by City Council. Staff has not located approval by the Mayor and City Council of special events for 1701 Butler Avenue as required by Section 4-050(E)(5)(b). The request for the pavilion is in keeping with the C-1 Beach Business District as outlined in Section 4-050(E): The purpose and intent of commercial districts is to provide central locations for city businesses and services to meet the market needs of Tybee Island 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. The project is located in the South End Business Overlay District. Section 4-050(0)states: All commercial and multi family residential uses are permissible subject to site plan approval. In this district, the site plans established here 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 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. The area near the Beachview Bed and Breakfast is a mix of residential and commercial uses. Butler Avenue is a main thoroughfare for vehicles and pedestrians on the south end of the island. Below is the 2008 Comprehensive Plan description of the South End Neighborhood Character Area. This character area is defined by a mix of primarily residential uses with a growing number of vacation rentals in both single and duplex houses. The area is mainly defined by its proximity to the South End beach and the commercial area of the Strand. There are a growing number of year-round residences as well as seasonal rental uses. The table below identifies the Recommended Development Strategies of the Comprehensive Plan's South End Neighborhood Character Area that are applicable to the patio cover project. Comprehensive Plan Section 1.2.13 Meets Strategy South End Neighborhood • Recommended Development Strategies YIN or N/A Future development and redevelopment should be very pedestrian-oriented with safe N connections to adjacent neighborhoods and commercial areas. 2 New development, redevelopment, and restoration should be consistent with existing character of the area in terms of mass,scale, use and density. 3. Historic structures in this area should be restored and or preserved whenever possible. N/A 4. Continue to implement improvements to encourage safe pedestrian mobility. N STAFF FINDING Staff finds the request for a pavilion above the concrete slab and the two storage areas at the Beachview Bed and Breakfast are in keeping with the character of the area and the Comprehensive Plan. Approval of a drainage plan will be required prior to permitting for the installation of the proposed pavers in the parking area. The impact of the pavilion on the required off-street parking has not been addressed by the applicant. 3