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HomeMy Public PortalAbout20180726-PC-PACKET-TEXT AMENDMENT-SOUTH END OVERLAY.pdfPLANNING COMMISSION Demery Bishop Ron Bossick Marianne Bramble Tina Gann Charles Matlock David McNaughton Alan Robertson A. Call to order CITY MANAGER Shawn Gillen COMMUNITY DEVELOPMENT DIRECTOR George Shaw Planning Commission Special Meeting AGENDA July 26, 2018 — 4:00 p.m. For City Council Meeting August 9, 2018 — 7.•00 p.m. B. Old Business: Discussion only CITY ATTORNEY Edward M. Hughes Text Amendment to Land Development code: Sec. 4-050 Zoning Districts (0) South End Business Overlay District. Lisa L. Schaaf Individuals with disabilities who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons. PROPOSED TEXT AMENDMENT TO THE TYBEE ISLAND CODE OF ORDINANCES 4ew Proposed text within existing overlay district ordinance is underlined Sec. 4-050. — Zoning districts. (0) South End Sbusiness overlay district (1) Purpose. The purpose of this district is to promote the welfare and vitality of the city's original main commercial and resort area. preserve its historic character and identitv for future generations. and provide standards for compatible new development. (2) Conflicts with other zoning district standards. In any case where the standards and requirements of the overlay district conflict with those of the base zoning district, the standards and requirements of the overlay district shall govern. (3) Design Standards. These standards apply to all buildings and appurtenances visible from the Public right-of-way. a. Historic Buildings. The following standards apply to all buildings within the overlay district that are 50 years of age or older and identified as listed, eligible, or may be eligible for listing in the National Register of Historic Places within the 2016 City of Tybee Island Historic Resources Survey, Phase 1. The Historic Preservation Commission shall review building permit applications and provide recommendations to the Q" Offor-mal zoning administrator related to the subsection on historic buildings. 1. Demolition. Demolition of historic buildings undermines the character of Tybee Island and shall only be permitted if the following conditions are met: (a) The demolition is required to alleviate a threat to public health or public safety as determined by the Building Offieja' zoning administrator based on supporting documentation from a licensed structural engineer; and/or (b) The demolition is required to avoid exceptional practical difficulty or undue hardship upon any owner of any specific property. If the difficulty or hardship claimed is economic, the applicant shall submit sufficient evidence, including an appraisal, property assessment, amount paid for the property, past income activity, and attempts to sell the property to demonstrate that the application of the standards and regulations of this section deprives the applicant of a positive economic use or return on the subject property. Plans for the replacement building, meeting the design standards for -Nnew Cconstruction below, must be submitted and approved by the B ildinR Offie a zoning administrator prior to issuance of a demolition Dermit. 2. Relocation. Relocation of historic buildings can impact the character of Tybee Island and should only be considered as a last resort in order to preserve the building. It shall only be permitted if all of the following conditions are met: South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 2 (a) The current location and surrounding context no longer contribute to the overall character of the property (i.e. residential property now surrounded by ANnew Gconstruction and commercial development). (b) The relocation has no negative affect on the character of the surrounding context or location (i.e. the relocation of a building to a new location on the same parcel or an adjacent parcel). (c) The relocation is on another site within the City of Tybee Island. (d) Plans for the redevelopment of the lot shall meet the design standards for Nnew C -construction when applicable, and must be submitted and approved by the Building Qffieja4 zoning administrator prior to issuance of a permit to relocate a building. 3. Preservation. A historic building, or any appurtenance related thereto, including walls, fences, accessory buildings and operational equipment, visible from a street or public right-of-way shall only be altered or maintained in a manner that will preserve the historic character, features and materials of the building. Proposed alterations, repairs, additions, and appurtenances shall be consistent with the current edition of the Secretary of the Interior's Standards and Guidelines for Rehabilitation published by the U.S. Department of the Interior. b. Non -Historic Buildings and New Construction. The following design standards apply to all buildings within the South End business overlay district that are less than 50 years of age or are proposed for new construction. The Main Street Design Committee shall review building permit applications and provide recommendations related to the subsection on non -historic buildings and new construction. New construction shall be compatible with historic buildings in the district. Where a material change in the exterior appearance of any existing building by addition, reconstruction or alteration is proposed, such change shall be consistent with the intent statement at the beginning of each section below. 1. Form and Placement. Building form and placement within a block front shall provide visual interest and coherence in a manner that is consistent with area historic buildings when present. In order to convey a sense of place, buildings should be prominent in relation to vehicular structures and accessory buildings and should be situated in a manner consistent with historic development patterns. (a) Building height and vertical elements of buildings shall be in context with historic buildings in the same or adjacent block fronts. Where historic context is not present, the mass of a building shall be broken-down both horizontally and vertically to convey a sense of human scale and visual interest that reflects the traditional size of buildings on Tvbee Island. (b) The height of the first story of buildings on principal Gcommercial -Sstreets shall not be less than that of neighboring buildings and the egterie.r 4.isw l ef-the height of any single story above the first, South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 3 (c) Building setback shall be the average setback for the buildings on the block front where the building will be placed, unless the average historic building setback on the block front where the building will be placed is greater. In this instance, the building setback shall be Dlaced at the average historic setback. (d) In new construction, the principal roof shall be pitched. Roof pitch shall be between 4:12 and 8:12. Pitched roofs less than 4:12 are permitted on Tybrisa Street and Butler Avenue provided they are screened by a parapet on the front facade. Gable and hip roofs in excess of 8:12 pitch are permitted only where a similar historic building roof pitch exists within the same block front. (e) Mansard and pent roofs are prohibited. (f) Block fronts on -Pprincipal &commercial 5streets shall not be interrupted for automobile access, driveways, or drop-off areas. 2. Exterior Building Walls. Exterior building walls should reflect and complement the traditional materials and construction techniques of Tybee Island's historic regional architecture. Simple configuration and selidd eraftsrnaq+ ^ quality materials are favored over complexity in building form. (a) Exterior walls shall be faced with wood (clapboards, board and batten, or similar configuration), fiber cement board siding, brick, stucco, or other materials deemed visually compatible. (b) Exterior walls shall not be faced with vinyl siding, metal sheathing, permasto z -brick. or asahalt roll to simulate brick. (c) Solid walls over one story in height shall incorporate openings (including but not limited to windows and recessed porches). (d) Fire walls shall be internal to the structure of a building whenever possible. 3. Windows. The correct use of windows provides a sense of rhythm in architectural form and enhances the pedestrian experience. Commercial buildings with d first floor storefronts should provide a high level of transparency and a oep,n-ec4 a visual connection of interior and exterior activities. (a) Placement (1) The first story of a commercial building shall be designed as a storefront on principal &commercial 5streets. Gid -First floor retail storefront area glazing shall not be less than 55 percent. Glazing shall be transparent. (2) Residential facades shall incorporate windows and doors over at least 30 percent of the gid first floor facade. (3) For each floor above the gid first floor, building walls shall incorporate oaenines at a minimum of 25 Dercent of the wall face. (4) The centerline of window and door openings shall align vertically on the primary facade. (b) Material South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 4 (1) Wood, clad wood, composite, and metal window frames shall be permitted. (2) Solid vinyl windows are prohibited. (3) Simulated divided light windows are permitted provided no "snap -in" or between -the -glass muntins are used. (4) The boarding of windows and window openings shall not be permitted, with an exception before, during, and immediately after an emergency situation or during construction. Emereencv and temoorary boarding shall not exceed three months. 4. Porches. Porches are an important architectural feature of Tybee Island's building stock. They provide a transition from public to private spaces and help to break up the mass of larger buildings. Incorporation and retention of porches helps to retain and enhance the ocean -front character of the residential and hotel uses W#4 within the historic resort area, now part of the South End business 9overlay sdistrict. feed (a) Porches are required on all entrances for new residential development and hotel construction in accordance with the following: (1) Single -Family and Two -Family. A front porch a minimum of six feet in depth shall be reauired over a minimum of 50 Dercent of the building width. (2) All Other Residential, Inn, and Hotel uses. A porch or balcony extending a minimum of six feet in depth and six feet in width shall be required for each unit facing a street. (b) Porches must have columns and railings that are separate distinguishable features from the main exterior wall in material and configuration. (c) Front porches shall not be enclosed in any manner. Side and rear porches may be screened with fine wire mesh, lattice, or shutters provided the opt screening material is set behind the porch columns and railings. 5. Fences and Walls. When used correctly, fences and walls aid in defining outdoor spaces, separate the private and public realms, and add architectural interest to a Property. When used incorrectly, fences and walls can restrict light, obstruct views, and impede pedestrian activity. (a) The height of any fence or wall within the rear or side yards shall not exceed eight (8) feet. (b) Within the front yard seek setback, the height of any fence or wall shall not exceed three (3) feet. (c) Where buildings are set back from the street, landscaping is encouraged between the building face and the street. South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 (d) Fence and wall materials shall be compatible and consistent with the primary structure to which they are associated. (e) Barbed wire, razor wire, chain link, vinyl, and PVC fencing are prohibited. 6. Operational Equipment. Operational equipment visible from the street contributes to visual clutter. With the screenine and alacement of eauiament out of view. the visual character of an area is enhanced. (a) Electrical vaults, meter boxes, and communications devices shall be located on secondary and rear facades and be minimally visible from view. (b) HVAC units shall be screened from the public right-of-way. (c) Refuse storage areas shall be located within a building or shall be screened from the public right-of-way. (d) Pools visible from the right-of-way shall be screened. (e) Screening required under these standards shall ase incorporate materials consistent with the main building and prior sections on materials and fencing. 7. kgs Accessory buildings. Accessory buildings s4e4W shall be located to the rear of the lot and not dominate the principal b44d44g structure to which i#4s they are associated. (a) Gutbu4&s Accessory buildings shall be secondary in height, scale, and mass to the principal b4iI&Rg structure to which+t-is they are associated. (b) dFs Accessory buildings shall correspond in material and detail to the principal bu4&gg structure to which 44s they are associated. (c) Prefabricated metal buildings and trailers are prohibited. 4 Uses. All commercial and multi -family residential uses are permissible subject to site plan approval, or special review and site plan approval, as is required by the particular zoning classification of the property. In this district, the site plans established herein shall prevail over any setbacks in any other part of this Code, specifically including section 3-090 regardless of the use of the property. Mixed uses of the property are permissible. Site plan approval and special review is required for new construction and redevelopment of existing sites. a New construction and Redevelopment. a -n4 wWhen a project includes knew Gconstruction and/or 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. Additionally, the following standards apply to #new Gconstruction and redevelopment of properties fronting -Pprincipal Gcommercial Sstreets. 1. First floors of buildings shall incorporate street facing active uses (including but not limited to retail, office, lobby, restaurant, hotels, and inns) that span the length of the facade on all facades fronting -Pprincipal Gcommercial Sstreets and maintain individual primary exterior entrances. South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 M 2. In an effort to maintain, enhance, and strengthen the commercial character of the City's original main commercial and resort area, the residential development is prohibited at the first floor of a site or building within 20 feet of the right-of-way of the principal commercial street(s). 5 Signs. Signage within the district shall be as specified herein to the extent of any inconsistency with the sign ordinance. Permissible signage shall include sandwich boards not to exceed three feet by five feet, which may be displayed during business hours on sidewalks immediately adjacent to the business advertised on the sandwich board. No advertising benches shall be permissible in the district. The existing advertising benches located in the Fourteenth Street parking lot may remain until such time the city provides public benches. (6) Right-of-way. a. Within the district, cafe style seating on sidewalks may be permissible provided that sidewalks in the area involved, must be at least ten feet in width. b. Notwithstanding any other provision of this Code, no outdoor selling of merchandise on public or private sidewalks is permissible in the district except as may be allowed in connection with authorized special events. (7) Variances and Appeals. a. Variances from the standards within this overlay district shall be submitted, reviewed, and decided upon in accordance with Section 5-090 Variances. b. Any applicant for a building permit shall have the right to appeal to the mayor and council should the zoning administrator refuse to approve the issuance of a permit in accordance with Section 9-030. 8) Definitions. In addition to existing definitions in Section 1-2. the following terms apply to this overlay district. Active use. An allowed use under the zoning ordinance for a property that is open to and provides an ongoing activity or service for the general public (i.e. restaurant, retail, office, gallery, etc.) and which maintains a primary exterior entrance. Uses intended primarily for the buildings' occupants, such as meeting rooms, internal offices, hallways, storage areas, recreational facilities not open to the general public, etc., or are primarily accessed from the interior, are not considered active uses. Block. A block is a rectangular space bounded on three sides by a street and on the forth by a street or lane and occupied by or intended for buildings. Block front. A block front is the area between two intersecting streets along the same side of the street on which the subiect parcel is located. Building form. The physical shape of a building resulting from its mass, height, and envelope. South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 7 Commercial building. A building whose primary function is for business or retail use. Compatibility. The positive relationship of alterations to existing buildings and designs for new construction to their environs; compatibility is measured by consistent application of accepted guidelines and standards defining the individual visual character of a specific area. Facade. Any exterior face of a building. Fronting. Facing. Glazina. The clear or translucent material throueh which light basses into a buildine: most often glass. Historic building. Structures that are 50 years of age or older. Non -historic. A structure that is less than 50 years old and/or does not possess any known historical or architectural significance. Primary facade. The facade on which the primary entrance is located. For buildings on corner lots, the building may have two primary facades. Principal commercial streets. The portions of Tybrisa Street, Butler Avenue, and Strand Avenue which are the present and historically commercial corridors within the South End business overlay district. Principal roof. The roof of the principal building on a parcel. Storefront. The ground floor area of a retail building featuring large glass windows and an entrance. Story. That portion of a building, other than the basement, included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiline above the floor of such storv. Vehicular structure. Any covered structure that protects or houses a vehicle. Zoning administrator. The designated City staff person who administers the building code and reviews building permit aaalications. Policies and procedures applicable in this district are on file in the offices of the planning and economic development director and are incorporated herein. South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 1 PROPOSED TEXT AMENDMENT TO THE TYBEE ISLAND CODE OF ORDINANCES Proposed text within existing overlay district ordinance is underlined Sec. 4-050. — Zoning districts. (0) South End business overlay district (1) Purpose. The purpose of this district is to promote the welfare and vitality of the city's original main commercial and resort area, preserve its historic character and identity for future generations. and provide standards for compatible new development. 2) Conflicts with other zoning district standards. In any case where the standards and requirements of the overlay district conflict with those of the base zoning district, the standards and reauirements of the overlav district shall eovern. (3) Design Standards. These standards apply to all buildings and appurtenances visible from the public right-of-way. a. Historic Buildings. The following standards apply to all buildings within the overlay district that are 50 years of age or older and identified as listed, eligible, or may be eligible for listing in the National Register of Historic Places within the 2016 City of Tybee Island Historic Resources Survey, Phase 1. The Historic Preservation Commission shall review building permit applications and provide recommendations to the zoning administrator related to the subsection on historic buildings. 1. Demolition. Demolition of historic buildings undermines the character of Tybee Island and shall only be permitted if the followiniz conditions are met: (a) The demolition is required to alleviate a threat to public health or public safety as determined by the zoning administrator based on supporting documentation from a licensed structural engineer; and/or (b) The demolition is required to avoid exceptional practical difficulty or undue hardship upon any owner of any specific property. If the difficulty or hardship claimed is economic, the applicant shall submit sufficient evidence, including an appraisal, property assessment, amount paid for the property, past income activity, and attempts to sell the property to demonstrate that the application of the standards and regulations of this section deprives the applicant of a positive economic use or return on the subject property. Plans for the replacement building, meeting the design standards for new construction below, must be submitted and approved by the zoning administrator prior to issuance of a demolition permit. 2. Relocation. Relocation of historic buildings can impact the character of Tybee Island and should only be considered as a last resort in order to preserve the building. It shall only be permitted if all of the followine conditions are met: (a) The current location and surrounding context no longer contribute to the overall character of the property (i.e. residential property now surrounded by new construction and commercial development). South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 2 (b) The relocation has no negative affect on the character of the surrounding context or location (i.e. the relocation of a building to a new location on the same parcel or an adjacent parcel). (c) The relocation is on another site within the City of Tybee Island. (d) Plans for the redevelopment of the lot shall meet the design standards for new construction when applicable, and must be submitted and approved by the zoning administrator prior to issuance of a permit to relocate a building. 3. Preservation. A historic building, or any appurtenance related thereto, including walls, fences, accessory buildings and operational equipment, visible from a street or public right-of-way shall only be altered or maintained in a manner that will preserve the historic character, features and materials of the building. Proposed alterations, repairs, additions, and appurtenances shall be consistent with the current edition of the Secretary of the Interior's Standards and Guidelines for Rehabilitation published by the U.S. Department of the Interior. b. Non -Historic Buildings and New Construction. The following design standards apply to all buildings within the South End business overlay district that are less than 50 years of age or are proposed for new construction. The Main Street Design Committee shall review building permit applications and provide recommendations related to the subsection on non -historic buildings and new construction. New construction shall be compatible with historic buildings in the district. Where a material change in the exterior appearance of any existing building by addition, reconstruction or alteration is proposed, such change shall be consistent with the intent statement at the beginning of each section below. 1. Form and Placement. Building form and placement within a block front shall provide visual interest and coherence in a manner that is consistent with area historic buildings when present. In order to convey a sense of place, buildings should be prominent in relation to vehicular structures and accessory buildings and should be situated in a manner consistent with historic development patterns. (a) Building height and vertical elements of buildings shall be in context with historic buildings in the same or adjacent block fronts. Where historic context is not present, the mass of a building shall be broken-down both horizontally and vertically to convey a sense of human scale and visual interest that reflects the traditional size of buildings on Tvbee Island. (b) The height of the first story of buildings on principal commercial streets shall not be less than that of neighboring buildings and the height of any single story ahnva thin firct (c) Building setback shall be the average setback for the buildings on the block front where the building will be placed, unless the average historic building setback on the block front where the building will be placed is greater. In this instance, the building setback shall be placed at the average historic setback. South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 3 (d) In new construction, the principal roof shall be pitched. Roof pitch shall be between 4:12 and 8:12. Pitched roofs less than 4:12 are permitted on Tybrisa Street and Butler Avenue provided they are screened by a parapet on the front facade. Gable and hip roofs in excess of 8:12 pitch are permitted only where a similar historic building roof pitch exists within the same block front. (e) Mansard and pent roofs are prohibited. (f) Block fronts on principal commercial streets shall not be interrupted for automobile access, driveways, or drop-off areas. 2. Exterior Building Walls. Exterior building walls should reflect and complement the traditional materials and construction techniques of Tybee Island's historic regional architecture. Simple configuration and quality materials are favored over complexity in buildinE form. (a) Exterior walls shall be faced with wood (clapboards, board and batten, or similar configuration), fiber cement board siding, brick, stucco, or other materials deemed visually compatible. (b) Exterior walls shall not be faced with vinyl siding, metal sheathing, permastone, z -brick, or asphalt roll to simulate brick. (c) Solid walls over one story in height shall incorporate openings (including but not limited to windows and recessed porches). (d) Fire walls shall be internal to the structure of a building whenever possible. 3. Windows. The correct use of windows provides a sense of rhythm in architectural form and enhances the pedestrian experience. Commercial buildings with first floor storefronts should provide a high level of transoarencv and a visual connection of interior and exterior activities. (a) Placement (1) The first story of a commercial building shall be designed as a storefront on principal commercial streets. First floor retail storefront area glazing shall not be less than 55 percent. Glazing shall be transparent. (2) Residential facades shall incorporate windows and doors over at least 30 percent of the first floor facade. (3) For each floor above the first floor, building walls shall incorporate openings at a minimum of 25 percent of the wall face. (4) The centerline of window and door openings shall align vertically on the primary facade. (b) Material (1) Wood, clad wood, composite, and metal window frames shall be permitted. (2) Solid vinyl windows are prohibited. South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 4 (3) Simulated divided light windows are permitted provided no "snap -in" or between -the -glass muntins are used. (4) The boarding of windows and window openings shall not be permitted, with an exception before, during, and immediately after an emergency situation or during construction. Emergency and temporary boarding shall not exceed three months. 4. Porches. Porches are an important architectural feature of Tybee Island's building stock. They provide a transition from public to private spaces and help to break up the mass of larger buildings. Incorporation and retention of porches helps to retain and enhance the ocean -front character of the residential and hotel uses within the historic resort area. now part of the South End business overlav district. (a) Porches are required on all entrances for new residential development and hotel construction in accordance with the followine: (1) Single -Family and Two -Family. A front porch a minimum of six feet in depth shall be required over a minimum of 50 percent of the building width. (2) All Other Residential, Inn, and Hotel uses. A porch or balcony extending a minimum of six feet in depth and six feet in width shall be required for each unit facing a street. (b) Porches must have columns and railings that are separate distinguishable features from the main exterior wall in material and confieuration. (c) Front porches shall not be enclosed in any manner. Side and rear porches may be screened with fine wire mesh, lattice, or shutters provided the screening material is set behind the porch columns and railings. 5. Fences and Walls. When used correctly, fences and walls aid in defining outdoor spaces, separate the private and public realms, and add architectural interest to a property. When used incorrectly, fences and walls can restrict light, obstruct views, and impede pedestrian activity. (a) The height of any fence or wall within the rear or side yards shall not exceed eight (8) feet. (b) Within the front yard setback, the height of any fence or wall shall not exceed three (3) feet. (c) Where buildings are set back from the street, landscaping is encouraged between the building face and the street. (d) Fence and wall materials shall be compatible and consistent with the primary structure to which they are associated. (e) Barbed wire, razor wire, chain link, vinyl, and PVC fencing are prohibited. 6. Operational Equipment. Operational equipment visible from the street contributes to visual clutter. With the screening and placement of equipment out of view, the visual character of an area is enhanced. South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 (a) Electrical vaults, meter boxes, and communications devices shall be located on secondary and rear facades and be minimally visible from view. (b) HVAC units shall be screened from the public right-of-way. (c) Refuse storage areas shall be located within a building or shall be screened from the public right-of-way. (d) Pools visible from the right-of-way shall be screened. (e) Screening required under these standards shall incorporate materials consistent with the main building and prior sections on materials and fencing. 7. Accessory buildings. Accessory buildings shall be located to the rear of the lot and not dominate the Drinciaal structure to which thev are associated. (a) Accessory buildings shall be secondary in height, scale, and mass to the principal structure to which thev are associated. (b) Accessory buildings shall correspond in material and detail to the principal structure to which they are associated. (c) Prefabricated metal buildings and trailers are prohibited. 4 Uses. All commercial and multi -family residential uses are permissible subject to site plan approval, or special review and site plan approval, as is required by the particular zoning classification of the property. In this district, the site plans established herein shall prevail over any setbacks in any other part of this Code, specifically including section 3-090 regardless of the use of the property. Mixed uses of the property are permissible. Site plan approval and special review is required for new construction and redevelopment of existing sites. a. New construction and Redevelopment. a+�d wWhen a project includes new construction and/or 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. Additionally, the following standards apply to new construction and redevelopment of properties fronting principal commercial streets. 1. First floors of buildings shall incorporate street facing active uses (including but not limited to retail, office, lobby, restaurant, hotels, and inns) that span the length of the facade on all facades fronting principal commercial streets and maintain individual primary exterior entrances. 2. In an effort to maintain. enhance, and strengthen the commercial character of the City's original main commercial and resort area, residential development is prohibited at the first floor of a site or building within 20 feet of the right-of-way of the principal commercial street(s). 5 Signs. Signage within the district shall be as specified herein to the extent of any inconsistency with the sign ordinance. Permissible signage shall include sandwich boards not to exceed three feet by five feet, which may be displayed during business hours on sidewalks immediately adjacent to the business advertised on the sandwich board. No South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 M advertising benches shall be permissible in the district. The existing advertising benches located in the Fourteenth Street parking lot may remain until such time the city provides public benches. (6) Right-of-way. a. Within the district, cafe style seating on sidewalks may be permissible provided that sidewalks in the area involved, must be at least ten feet in width. b. Notwithstanding any other provision of this Code, no outdoor selling of merchandise on public or private sidewalks is permissible in the district except as may be allowed in connection with authorized special events. (7) Variances and Appeals. a. Variances from the standards within this overlav district shall be submitted, reviewed. and decided upon in accordance with Section 5-090 Variances. b. Any applicant for a building permit shall have the right to appeal to the mayor and council should the zoning administrator refuse to approve the issuance of a permit in accordance with Section 9-030. Definitions. In addition to existing definitions in Section 1-2, the following terms apply to this overlay district. Active use. An allowed use under the zoning ordinance for a property that is open to and provides an ongoing activity or service for the general public (i.e. restaurant, retail, office, gallery, etc.) and which maintains a primary exterior entrance. Uses intended primarily for the buildings' occupants, such as meeting rooms, internal offices, hallways, storage areas, recreational facilities not open to the general public, etc., or are primarily accessed from the interior, are not considered active uses. Block. A block is a rectangular space bounded on three sides by a street and on the forth by a street or lane and occupied by or intended for buildings. Block front. A block front is the area between two intersecting streets along the same side of the street on which the subiect parcel is located. Building form. The physical shape of a building resulting from its mass, height, and envelope. Commercial building. A building whose primary function is for business or retail use. Compatibility. The positive relationship of alterations to existing buildings and designs for new construction to their environs; compatibility is measured by consistent application of accepted guidelines and standards defining the individual visual character of a specific area. Facade. Any exterior face of a building. Fronting. Facing. Glazing. The clear or translucent material through which light passes into a building; most often glass. South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 Historic building. Structures that are 50 years of age or older. Non -historic. A structure that is less than 50 years old and/or does not possess any known historical or architectural significance. Primary facade. The facade on which the primary entrance is located. For buildings on corner lots, the building may have two primary facades. Principal commercial streets. The portions of Tybrisa Street, Butler Avenue, and Strand Avenue which are the present and historicallv business corridors within the South End business overlav district. Principal roof. The roof of the principal building on a parcel. Storefront. The ground floor area of a retail building featuring large glass windows and an entranre_ Story. That portion of a building, other than the basement, included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling above the floor of such story. Vehicular structure. Anv covered structure that protects or houses a vehicle. Zoning administrator. The designated City staff person who administers the building code and reviews building permit applications. Policies and procedures applicable in this district are on file in the offices of the planning and economic development director and are incorporated herein. South End Business Overlay District Design Standards I Planning Commission Second Draft I July 25, 2018 RESOLUTION IMPOSING MORATORIUM ON DEMOLITION PERMITS OF HISTORIC STRUCTURES IN THE SOUTHEND BUSINESS OVERLAY DISTRICT Adopted by City Council on March 22, 2018 COMMENTS RECEIVED (AS OF 7/25/18) FROM PLANNING COMMISSION MEMBERS FOLLOWING THE 7/16/18 PLANNING COMMISSION RE: PROPOSED TEXT AMENDMENT FOR THE SOUTHEND OVERLAY DISTRICT TO COMPLY WITH CITY COUNCIL REQUEST Demery Bishop (7/20 email about the meeting/process, but does include comments that could be considered for incorporating into the revised version): "Good Morning: The above subject matter was an agenda item for the Planning Commission (PC), July 16, 2018, meeting. The PC package contained the proposed text amendment but did not contain the definitions of terminology used therein. This list of definitions has been provided to members of the PC post their meeting. During the PC meeting and discussion with City of Tybee (COT) Staff, consultants and other members of the public, it was determined by the PC that there were a number of questions that could potentially pose issues in the future as to interpretation of the proposed amendment and the existing Land Development Code. We are all very cognizant of the importance of understanding and preventing code conflict(s) for staff as well as our citizens, developers, etc. With this in mind, the PC, after considerable discussion, passed a motion to "continue" the agenda item, so that questions could be submitted and answered prior to its next meeting. I should point out that the PC, as a whole, was most favorable to the proposed design standards, etc., as presented but that to ensure clarity and understanding, it was deemed important to have this additional time for answers/clarification. Additiona. Language is included to clarify that where a contlict exists between the base zoning and the overlay, the standards of the overlay shall govern. Having stated all of the above, I have been informed that this item has been placed on the City Council's agenda for consideration at its August 9, 2018 meeting. While the PC understands that we are only a "recommending body', we would like to have the opportunity, as Council has agreed to in the past, to fully and completely review and recommend a total package to Council for your decision making authority. I therefore, as Chairman of the PC, respectfully request that you allow the PC to complete its task and place the proposed text amendment on its August agenda, with a full scope package and submitted questions answered in the interim."... We agree that this should go back to PC for a recommendation to City Council. At the suggestion of the PC Chairman, a Special Called Meeting is being scheduled to allow for this additional review prior to the August 9, 2018 City Council meeting. David McNaughton (7/19, 20 email): 1) Does "new construction" need to be defined? Page 2, 313, second graph, starts out with new construction and then refers to changes to existing buildings. First graph, 313, also mixes new construction and renovation. ,iew construction is already defined in the existing (.00e of Ordinances definitions section 2) 1 don't think "muntin" needs to be defined in code. It has been removed. 3) Page 2,"form and placement" .....confusing and unfamiliar wording. Why not note that main building should be bigger and more visible that related parking garages, car ports or other parking facilities. Language has been revised to be consistent with existing and proposed definitions relating to accessory buildings and vehicular structures. Page 1 of 5 4) Again, "form and placement, paragraph "b"...what does "exterior visual expression of the height of any single story above the first" mean? See "Story" definition. Removed "Exterior Expression" to eliminate confusion and provide clarity. 5) Page 3, "exterior building walls" section. Who will judge "solid craftsmanship" and how will it be judged? Agree that this is subjective. Removed terminology from intent statement and replaced with quality materials which are then specified in the proceeding standards. 6) 3, "windows" section. what does " access to connect exterior and interior activities" mean? Revised to eliminate "access" and replaced with "visual connection" for greater clarity. 7) "Porches" lead-in paragraph. "hotel uses with the..." "with" should be "within." Yes, this has been updated. 8) Same section, paragraph b. What does "within the main roof structure" mean? Eliminated standard and will illustrate in Phase 2 user friendly publication. 9) Same section, paragraph d. Reads as if shutters would have to be decorative and not able to be opened. Language does not imply operability of shutter. It could be an operable shutter or louvered panel. The intent it that it allows light, is consistent with historic porch features, and is set behind the columns and railings of the porch. 10) "Fences and walls" section. Paragraph "c". It should be set back, not setback. Yes, this has been updated. 11) "Outbuildings" section. Should it be "Outbuildings shall" rather than "Outbuildings should"? Yes, this has been updated and "Outbuildings" has been replaced with "Accessory buildings" to be consistent with existing ordinance definitions. 12) Same section, grammar. Outbuildings plural in graphs "a" and "b" while "it" in both is singular. "It" should be "they". Yes, this has been updated in two instances. 13) "New construction and redevelopment" section, page 5. Graph refers to things that "may be required." Under what conditions or circumstances may they be required? This is text that is in the existing ordinance. No changes are proposed. 14) Same section. "Dwelling" is defined in Webster's as a residence, so "or residential uses" is not needed. There are parts of residences that are not slept in, so it is better to be clear and keep this text in. The section was revised to replace "dwelling" and "swimming pools" with "residential uses" as currently defined in the existing ordinance definitions. The current definition includes dwelling and swimming pools as well as related residential uses. Dwelling is a term within the existing definitions but is only one type of residential use. It may imply a structure rather than a use. 15) Right of way section. Comma after "involved" should be removed. This is text that is in the existing ordinance; no changes are proposed. 16) Operational equipment section. Graph "e". Should read "shall incorporate" rather than "shall use." Yes, this has been updated. 17) Multiple cases of nouns that are not proper nouns being capitalized. Nouns were capitalized when defined in the definitions section, this has been changed to match the convention of the Code. 18) Paragraph 2 at beginning of proposed text. Remove first use of "boundary" and the words "outlined and includes all the parcels set" The boundary section has been removed as the boundary is already defined in the existing Code. Page 2 of 5 ADDITIONAL COMMENTS RECEIVED (AS OF 7/20/18) FOLLOWING THE 7/16 PLANNING COMMISSION MEETING INCLUDE... follow-up comments from George, Community Dev'I Director (7/18 email): • (3)2b1(c) "Building setback shall be the average setback for the buildings on the block front where the building will be placed, unless the average historic building setback on the block front where the building will be placed is greater" 1. Does this pertain to new construction only or to additions as well? Both 2. Who determines the average historic setback? How is it determined? The applicant would submit this with their site plan and the zoning administrator or plan reviewer would verify. Further explanation will be included in the illustrated supplement as part of Phase 2. 3. This is in conflict with the C-1 setbacks in section 3-090. Schedule of development regulations. An amendment to Sec. 3-090 should be made to note the differing setback rules for properties within the overlay district. Where a conflict exists between the base zoning and the overlay, the overlay governs. Text to clarify has been included in the amendment to the overlay. • 1 think the numbering may be incorrect because there is a (3) Design Standards and a (3) Uses Yes, this has been corrected. • (3) Uses a.2 "In an effort to maintain, enhance, and strengthen the commercial character of the City's original main commercial and resort area, the following are prohibited at the ground floor of a site or building within 20 feet of the right of way" 1. Shouldn't this only pertain to buildings on the Principal Commercial Streets? Yes. This only applies to PCS as indicated in the text preceding the standard. 2. It isn't clear if (a) dwellings or residential uses and (b) swimming pools are not allowed within 20 feet of the right of way or if the building housing them are not allowed within 20 feet of the right of way. All residential uses, as defined in the existing ordinance would be prohibited whether within a building or not. This has been clarified in the proposed amendment. 3. Would this only pertain to the right of way in front of a building or include rights of way on the side and rear of a building if they existed? This would pertain to frontage along Principal Commercial Streets and has been clarified in the proposed amendment. There needs to be some process for refuting or asking for a variance from the decision of the Main St. Design Committee and the HPC The HPC and MSDC do not make decisions but only recommendations to the zoning administrator. Variances from the strict application of the standards would follow the existing process for variances. Decisions of the zoning administrator may be appealed to the City Council in accordance with existing processes. This has been clarified and cross-referenced in the proposed amendment. From Jan Will (7/17 email): "I think flow chart needs to have more details. Yes and no under each category and what happens then."... The flow chart has been updated to provide additional scenarios for each category. Additional information and processes should be outlined in applications and policies in the Planning Department along with the illustrated publication for Phase 2. Page 3 of 5 Comments from Bud Matlock (7/25 email): The comments below were received on 7/25 and will be considered by the South End Overlay Design Standards Committee. With the exception of the Zoning Administrator change, the comments received require additional Committee discussion before adoption. Summary of Considerations Proposed Text Amendment to the Tybee Island Code of Ordinances (South End Business Overlay District) This is response to a tasking by the Tybee Island Planning Commission to its members at the July 16, 2018 meeting. The tasking is to review the proposed ordinance for comment. The following are my concerns and comments. The references are to the document provided by the Tybee Island Planning Department at the referenced meeting. (0).(3).a. 15Y sentence — Restructured sentence for clarity. 2nd sentence — Remove all references to "Building Official and replace with "Zoning Administrator" since "Building Official" is not defined in the Land Development Code while "Zoning Administrator" is. This comment has been addressed. (0).(3).a.1.(a). See (0).(3).a. (0).(3).a.1.(b). 2nd sentence — Added wording to keep the requirement on difficulty or hardship. 2nd sentence — "property assessment is undefined in the context of difficulty or hardship. Last sentence — See (0). (3). a. (0).(3).a.2(d). Changes made for clarity. (0).(3).b. Changes made for clarity. Page 4 of 5 (0).(3).b.1.(a). (0).(3).b.1.(b). (0).(3).b.3 (0).(3).b.3.(a).(4) Not sure what the words are trying to say and not sure if this type of wording belongs in an ordinance. See above. Not sure what this means. Pedestrian experience is undefined. This should be deleted. The city should not be telling the property owner where to place windows and doors. (0).(3).b.3.(b).(4). As Tybee has recently learned, this limitation is unreasonable. It should a minimum of at least six months. (0).(3).b.4.(d). Delete the requirement to not screen in the front porch. Page 6, Para. 4.b. Does this also mean no merchandise displays on sidewalks? Apologies, I had trouble keeping track of the numbering system. C. Matlock 07/25/2018 Page 5 of 5 Flow Chart for Permits in Consideration of Exterior Changes in the South End Overlay District immal award pi warral mmdnrcn doe Denial Approval Individual Submits NO d consil of aundards ease HPC Planning and Zoning "all Sl Deal COMM "ve (Main Rl for sl Fes So add and conal ninan of dearn soind nnMgDC • Approval Denial Denial Approval "' comviuna, ca p9 P Approval Denial Planning and Zoning Approval Permit Planning and Zoning •Note: Applicants have the right to appeal denials before mayor and council