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HomeMy Public PortalAbout120_030_Variance - Marine Science Center MAYOR `# CITY MANAGER Jason Buelterman f; Diane Schleicher CITY COUNCIL + _ CITY CLERK Wanda Doyle,Mayor Pro Tem f Janet LeViner Barry Brown Rob Callahan a CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks . Paul Wolff 1?1z` ` 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: July 10, 2014 Item: Public Hearing Explanation: Variance — 1510 Strand; zone C-1/SE; Marine Science Center, petitioner; consideration of request for additional banners (signage) Budget Line Item Number (if applicable): N/A Paper Work: Attache& Ai 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: June 24, 2014 * * * P.O. Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified* (866) 786-4573—FAX(866) 786-5737 F City of , % Ethics �" www.cityoftybee.org % B`���` 407 eS—js-* t A1rHo ral∎@A PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: June 17, 2014 Petitioner: Marine Science Center Project Name/Description: 1510 Strand Action Requested: Variance Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance X 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 _ Second Bossick Absent Bramble X Livingston X _ Major X Marion Chair McNaughton X Motion to deny The Planning Commission recomme • -. i7 Approval ® Denial D Continued Planning Commission Ch.' . Pj — Date: ' }' - f y Planning & Zoning Manager: In Date: ( -1 '-(4 STAFF REPORT PLANNING COMMISSION: June 17, 2014 '''<,,r,<.„F4,* CITY COUNCIL: July 10, 2014 LOCATION: 1510 Strand PIN: 4-0008-03-001 APPLICANT: Marine Science Center OWNER: City of Tybee Island EXISTING USE: museum PROPOSED USE: same ZONING: C-1/SE USE PERMITTED BY RIGHT: yes COMMUNITY CHARACTER MAP: Strand Downtown Historic Business District APPLICATION: Variance PROPOSAL: The applicant requests additional banners(signage)to be posted on the exterior walls of the museum. ANALYSIS: During February 2014 a South End business was advised by Staff to obtain a permit or remove a banner that had been posted without a permit. The owner opted to remove the banner. The business owner had named other locations with noncompliant banners. The Planning and Zoning Department and the City Marshal coordinated an island wide banner compliance effort. The Marine Science Center was one of the entities the business owner had identified. It - I. was confirmed that for an unknown Iength of . 0, time many unpermitted banners had been hung. - Following contact by the City Marshal, Ms. Maria Procopio, Executive Director of the t' -- Marine Science Center, requested a meeting - with the City Manager and the Planning and . `=- Zoning Manager. A meeting on February 24, 2014, concluded with authorization for 3 wall signs and 1 banner. All other banners were - : t - subsequently removed. The 3 wall signs were ~� �,, - allowed under a generous interpretation of - —"' Land Development Code Section 6- 080(E)(1)(a). Based on the shape and location of the building, a sign was allowed on the front and on the walls to the north and the south. One banner was authorized under Section 6-080(J), Banners. Attached is a shortened version of Article 6, Sign Regulations; Section 6-080, Design Standards.It has been redacted to only the sections that may be applicable to this Variance request. The applicant now approaches to request a Variance from Section 6-080(J), Banners. Attached is an exhibit prepared by the applicant proposing 10 additional banners to be mounted on the north,east, and south walls. The building and property are owned by the City of Tybee Island. Ms. Procopio said the current lease between the Marine Science Center and the city will expire in 2018. She has stated use of the building and the need for this Variance will end in 2018 when the museum relocates to a new building in the North Beach parking lot. 1 The applicant has stated the additional banners are needed because visitors have said it was difficult to locate the museum. The proposed banners were purchased by the Marine Science Center prior to the city's February 2014 banner compliance effort. Neither of these points nor the physical circumstances of the property and the building meet the standards outlined in Land Development Code Section 5-090(A) for the granting of a Variance: Standards.After an application has been submitted to the zoning administrator, reviewed by the planning commission, and a public hearing has been held by the mayor and council, the mayor and council may grant a variance from the strict application of the provisions in this Land Development code only if the following findings are made: (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including irregularity, narrowness, or shallowness of the lot size or shape, or exceptional topographical or other physical conditions,peculiar to the particular property; and, (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of this Land Development Code, without undue hardship to the property. The Marine Science Center area is dense with commercial uses and congested with a high volume of vehicular and pedestrian traffic during the tourist season and special events on the South End. The museum is in the busiest area within the city limits. It is zoned C-1 Beach Business District which is described in Land Development Code Section 4-050(E)as follows. 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-I 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-I 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 Marine Science Center is also 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 ownerldeveloper and the city specifying the site plan, location of utilities, improvements, setbacks, driveway locations and dimensions and lot coverage may be required. The applicable South End Policies and Procedures provide the following: C. Sidewalk Signage Permissible signage includes one sandwich board per business not to exceed 3-feet by 5-feet on the sidewalk immediately in front of the business. See Section 4-050(0). The sign may be displayed during business hours only. The sign must also be removed during inclement weather and any time the city requests removal. The sign shall be located as close as possible to either the curb or the building so it does not block the required 4-foot minimum pedestrian path. Signage must not be attached to a utility post or a tree. No benches or café barricades with advertising are allowed. Signage must be included on the site plan depicting all other sidewalk objects. 2 The Character Area for the museum is the Strand Downtown Historic Business District. The following table outlines how the Recommended Development Strategies of the Comprehensive Plan for the Character Area. Signage does not correlate well with Development Strategies. If characterized as a façade project, Staff finds the proposal does not meet Recommended Development Strategy #6 because granting of a Variance would relieve the Marine Science Center from the signage standards to which all other entities in the district are required to adhere. Comprehensive Plan Section 1.2.11 Meets Strategy Strand Downtown Historic Business District • Recommended Development Strategies Y/N or N/A 1 Downtown Development should include a mix of commercial uses (i.e. retail, office, N/A restaurants, etc.) 2. Allow only uses that are compatible with desired main street character. N/A 3. This area is appropriate for downstairs commercial and upstairs residential development. N/A 4 Residential development in this area should contain a mix of densities and housing N/A options (ie. Multi-family homes,townhouses, condos,apartments, etc.) 5. All residential uses should be consistent with the terms of current C-1 Zoning District. N/A 6 Beautification and façade improvement projects should be implemented and maintained N to improve the aesthetics of the area. 7. Historic structures in this area should be restored and/or preserved whenever possible. N/A 8. Adaptive reuse of historic structures is encouraged. N/A 9. The City should provide appropriate incentives for historic restoration projects. N/A 10. Encourage infill development or redevelopment of existing vacant property and N/A underutilized structures. Consider the development of a Convention Center in association with the 11. hotels/motels/bed and breakfast establishments in this area. N/A 12. Develop a plan to "re-install" elements of the Strand boardwalk/multi-use trail. N/A 13. Identify location for additional parking or parking garage. N/A 14. Work to preserve/retain buildings that can house small businesses. N/A 15. Add recreational uses within this area. N/A STAFF FINDING Approval to posting 10 additional banners at the Marine Science Center requires a Variance from Section 6-080(J), Banners. The proposal is not compliant or consistent with the standards imposed on other entities within the city. The request does not meet the criteria for the granting of a Variance [Section 5-090(A)]. This Staff Report was prepared by Dianne Otto. ATTACHMENTS A. Variance Application(2 pages) B. Narrative from applicant,(1 page) C. LDC Section 6-080,Design Standards, as shortened by Staff(2 pages) D. Exhibit of proposed banners from applicant(1 page) E. Banner order receipts from applicant(6 pages) F. GIS map (1 page) G. Photographs of existing conditions by Staff, 06/08/2014(2 pages) 3 4*, CITY OF TYBEE ISLAND Fee # '' ZONING VARIANCE APPLICATION commercial $500 Residential $200 Applicant's Name Tybee Island Marine Science Center Address and location of subject property 1510 Strand Avenue, Tybee Island, GA 31328 PIN L4 0008`(2 —ON Applicant's Telephone Number 912-786-5917 Applicant's Mailing Address PO Box 1879 Brief description of the land development activity and use of the land thereafter to take place on the property: Banner usage Lack of wayfinding signage and the building's low visibility make it difficult for visitors to find,or notice,the center. Explain the hardship Property Owner's Name COTI Telephone Number Property Owner's Address Is Applicant the Property Owner? _ Yes X 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 Current Zoning of Property f�t Current Use 0 Si CU rn Names and addresses of all adjacent property owners are attached: 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 $250 or more made by the Applicant to the local government official during the two (2) years immediately preceding the filing of the plication for this zoning action. Disci s re of Campaign Contributions form attachment hereto: Y Yes w w r—_______ .,- 2 — Zoiq Signatu of Appl' icant Date NOTE: Other specific data is required for each type of Variance. Fee Amount$ u) I f f Check Number - Date _06 - 0 a - 2. o 14 City Official OA NOTE: This application must be accompanied by additional documentation, including drawings that include or illustrate the information outlined below. REFERENCE DESCRIPTION 5-040 (D) (1) Site plan and/or architectural rendering of the proposed development depicting the location of lot restrictions. 5-040 (D) (2) A survey of the property signed and stamped by a State of Georgia certified land surveyor. 5-090 (A) (1) That there are unique physical circumstances or conditions beyond that of surrounding properties, including: irregularity, narrowness, or, shallowness of the lot size or shape, or, V exceptional topographical or other physical conditions peculiar to the particular property. e ^al and h .rd }t mite , 5-090 (A) (2) That because of such physical circumstances or conditions, the property cannot be developed in strict conformity with the provisions of the Land Development Code, without undue hardship to the property. NOTE: Provide attachments illustrating conditions on surrounding properties and on the subject property, indicating uniqueness, etc. 5-090 (B) If this variance application is for a Height Variance, in addition to other requirements, the petitioner shall be required to: Add two feet to each side yard setback for each one foot above 35 feet in height, and, Have safeguards consisting of sprinkler systems, smoke detectors and other fire protection equipment deemed necessary at the time by the Mayor and Council, and, Where a rear yard abuts a side yard of the adjacent lot, the petitioner shall be required to add two feet to the rear setback for each foot above 35 feet height, The Ap icant certifies that he/she has read the requirements for Variances and has provided the required informs on to the best of his/her ability in a truthful and honest manner. _r - z-- 1L-1 Signatu of ppl4�, icant Date ATTACHMENTS S - Specifics on the Location and Banners - Code Excerpt and Narrative - Banner Receipts Code Excerpt and Narrative Ordinance referenced: PART II -Code of Ordinances, Appendix A- Land Development Code, Article 6- Sign Regulations, Section 6-080. Design Standards, Item (J) Banners (J) Banners. A banner may be allowed on a temporary basis for a maximum of 90 days per calendar year upon obtaining a special banner permit.A permit shall be for a 30-day period.An applicant,at the time of making an application, shall select one of the following options per calendar year: (1) Banner displayed 30 days; banner removed 60 days. (2) Banner displayed 30 days; banner removed 30 days. (3) Banner displayed concurrently, without removal, not exceeding 90 consecutive days. (4)A special banner permit of$15.00 must be obtained from the designated city department each 30-day period with no more than three permits allowed per location during any calendar year.All banners under any of the above stated options must comply with the following limitations: a. Each business location shall be limited to three permits per calendar year and banner display shall not exceed the total of 90 days in one calendar year. b. Banners must be physically attached to a building or some other permanent structure which requires a building permit for construction excluding a freestanding sign. c.With a special banner permit, banners will be allowed over and above the wall signage maximum of the business; banner area shall not cumulatively exceed 32 square feet. d. Said banner shall be professionally printed. Narrative: Island visitors'who go to the south end of the island for the beach, shops, restaurants, and pier. The Tybee Island Marine Science Center's building is small and hard to notice, so the center relies on building banners to capture visitor attention and bring them into the attraction. Even visitors who come on the island with the intention of coming to the center have a difficult time finding the facility. We will experience a decrease in visitation without the banners, resulting in a decrease in income, and fewer people connecting to coastal Georgia's natural resources. • Sec. 6-080. Design standards. ** AS REDACTED FOR MSC BANNER VARIANCE (A) Illumination. If a sign is to be illuminated, it should be done so as to prevent harmful lighting to motorists, residents, and wildlife and be downlit wherever possible. All electrically wired signs shall require an inspection upon installation and will be monitored periodically by the city and are subject to the requirements of the adopted building codes of the city. (B) Wind pressure. Signs shall be compliant with the International Building Code. (C) Area and height size computations. The following principles shall control the computation of sign area and sign height for sign restrictions in all zoning districts. (1) Computation of area of individual signs. The area of a sign face, of which normal length times width (I x h) will be used for calculating the total area of the sign will be calculated to determine total sign area. This does not include any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets these or other ordinances or regulations and is clearly incidental to the display itself. (2) Computation of area of multi-faced signs. The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than 42 inches apart, the sign area shall be computed by the measurement of one of the faces. (3) Computation of height. The height of the sign shall be computed as the distance from the base of the sign at average adjacent grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive on any filling, berming, mounding, or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower. (E) Commercial signs. For all commercial uses, only the following signs are hereby permitted. (1) Wall sign. a. Number. There shall be not more than one wall sign for each principal building except where the building abuts two or more streets, one wall sign oriented to each abutting street shall be permitted, b. Area. The gross surface of a wall sign shall not exceed ten percent of the area of the building wall, including doors and windows, to which the sign is to be affixed or 200 square feet, whichever is smaller. c. Height. A wall sign shall not project higher than the wall to which the sign is to be affixed or 20 feet, as measured from the base of the building wall to which the sign is to be affixed, whichever is lower. d. Special conditions. Where a principal building is devoted to two or more permitted uses, the operator of each such use may install a wall sign upon his/her proportionate share of the building wall to which the sign is to be affixed. The maximum gross surface area of each such wall sign shall be determined by calculating the proportionate share of the area of the building wall, including doors and windows, to which the sign is to be affixed and applying such proportion to the total permitted wall sign aggregate gross surface area for the building. (2) Freestanding signs. a. Number. There shall not be more than one freestanding sign for each principal building. b. More than one principal use. In the event that there is more than one principal use, the sum total for each sign shall not exceed the maximum size allowed per building. c. Off-premises signs not permitted. Class Street Maximum Maximum • Maximum Speed Frontage Size Height Limit(mph) (feet) (square feet) (feet) 0-20 50 10 12 II 20-35 80-150 20 12 I,III I 20-35 150+ 50 20 IV 36-54 150 60 25 V I 55 150 60 25 (3) Projecting signs. a. Number. For all principal uses occupying 125 or less linear feet of street frontage, "projecting" signs shall be permitted one square foot of display area per sign face per linear foot of frontage occupied by each principal use; up to a maximum sign area of 45 square feet per sign face for each projecting principal use sign allowed. For all principal uses with building frontage exceeding 125 linear feet, one additional foot of sign area shall be allowed for each additional foot of building frontage occupied over 125 feet; provided, such sign shall not exceed 100 square feet in area. b. Projection. The outer edge of a projecting sign shall not extend more than six feet from the building to which it is attached. c. Height. The height of a projecting sign shall not be higher than wall of the building to which it is attached, and the lowest point of the projecting sign shall not be less than ten feet above the established grade. (4) Roof mounted sign. Roof mounted signs shall not extend above the peak of the roof or four feet above a flat roof. (J) Banners. A banner may be allowed on a temporary basis for a maximum of 90 days per calendar year upon obtaining a special banner permit. A permit shall be for a 30-day period. An applicant, at the time of making an application, shall select one of the following options per calendar year: (1) Banner displayed 30 days; banner removed 60 days. (2) Banner displayed 30 days; banner removed 30 days. (3) Banner displayed concurrently, without removal, not exceeding 90 consecutive days. (4) A special banner permit of $15.00 must be obtained from the designated city department each 30-day period with no more than three permits allowed per location during any calendar year. All banners under any of the above stated options must comply with the following limitations: a. Each business location shall be limited to three permits per calendar year and banner display shall not exceed the total of 90 days in one calendar year. b. Banners must be physically attached to a building or some other permanent structure which requires a building permit for construction excluding a freestanding sign. c. With a special banner permit, banners will be allowed over and above the wall signage maximum of the business; banner area shall not cumulatively exceed 32 square feet. d. Said banner shall be professionally printed. (Ord. No. 06-2010, 5-13-2010; Ord. No. 15-2012, 7-12-2012; Ord. No. 04-2014-A, § 1, 1-9-2014) Building: width-320"(26.6')and height-80'(6.6') i.: `� g A SHARKS 16'x 5' 4,p ',,; (} HARKS 16 5 g TURTLE TROT 10'x 5' 1 ..A , tr-a ■.L'1;Teri 10'x4'" x,.'; ,'.: f . . ,�,. .t. g BW MT 10'x4' ',- , f } Building: eBuilding: Banner:5'x5' Banner: w-110" �.. w-128"(10.6') �a' 8'X4' h-172" h-80" , , a., , Cypw o '4 I p `. .SEA k µ I �' l �„ v. '{ ,5x12 r A . • fl Building: „ I, . ''' w-136" G ` ,TALE h 96" J i I i RI 4--En 3 Banners: ;.. ;. .' 3'x6, .= o • a .tea Lt .,, A Sharks are mounted .; f C Sharks are mounted , / i— -,.,,, -'4';',1:i` ....',i7. - " - — / - - L-Map mounted BANNERS -10 4. 3 1 B -Turtle Trot I4 '�r ,1 D- Beach Walk }li,i;Currently24"x72,but `r-,;, sill• Pr ', ' '' ,, i E-Marsh Trek ; could go up to 48"high ', , ,, ) -11,. F -Gallery 1 .: , „ , . ` G -Gallery2 .,, , i °,, , H -Gallery 3 .{ ; fn€'�� `� � ::` ! . ' .�. i -Sea Camp �} 1 J -Whale Tale K-Sea Kayak Race M -Visitor Program Schedule 55o _ . i 01- „.-11 ,nricf,s, ............ Banner Order Receipt orders2 @halfpricebanners.com <orders2@halfpricebanners.com> Thu, Nov 14, 2013 at 12:10 PM To: maria @tybeemarinescience.org Maria Procopio, Thank you for placing an order with HalfPriceBanners.com; below is a link to your proof and a copy of your receipt. 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Banner Color: White Qty: 1 Price: $135.00 Line 1: Please send ftp link Line 1 Style: Choose Type Style Line 1 Color: Choose Text Color Line 1 Size: Choose Relative Print Size Special Instructions: Please send ftp link Tybee Island Marine Science Center - • . 1510 Strand WI lit. 461 ..... i -- il I**I x..." -..,'--, - itzr :4.4, 7,7 . _. „ _,,,/ / „ _ _ ..,,_, 1. 1{ 1' ,.." ..--7 ---41,,i, ;-&,e ;&,..4,4,, IfIr Altiir 14fitd 44:4 _ pR=2 4 /APti lion . - --,..„, ‘4... 7,,,,, . - . lifir...7, / -... , implac, i .....,. _a , _ 4b,4,4.47„0 , ...,7 p A 4 ,' -- ,. ilii: i 1 41)6,4i, ,.., * * , . ie `, i N. ,, 4417 ailkalitilliThe iii- ,_ : , 111P III" 411erlitri - , !lair..... . 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