Planning Commission - Regular Meeting

In your definitions where you've got the different types of businesses down there, we've got banquet halls listed. And I'm looking at it from the standpoint of an unintended consequence happening.

Would a... is primarily used for dancing or live music events. Typically a conference banquet hall is not gonna be used for a dancing event of some sort. So that's where I think there's that kind of This is really a persistent, you have a space that's being utilized for that social entertainment definition that is a drinking place or a nightclub. That's my, I think my biggest concern.

Okay. It's not an unintended consequence to somebody that was not intended to fall under this overlay. Okay.

To make that definition as clear as possible. Yeah, but one of the things that you've got to sort of fall back on, and that's my experience here with the city of Portland, conference rooms, banquet rooms, to be used properly. I can recall during some of our bike fest during the day, whether it be the Harley or the Memorial Day weekend, to where there was one episode where they had told the people that, yeah, we want this, we're going to have the gathering in here. Well, next thing you know, they've got a comedy club set up and they're charging admission at the door. So that's where it kind of goes to that language that we had added. Or if you rise to one of these things that we've outlined. So, I mean, it's like you don't want to not include it for the chance of something like that happening. Well, I'm having a conference come in here, and on this night, somebody's sponsoring a cocktail hour, and I'm having over 150 people in there. That's kind of like an accessory to the hotel, and that's how we could categorize something like that. But, you know, we have to factor in every possible scenario that could come up whenever we write something like that. And if that does happen, that we've got something covered.

That's sort of where I was leading to, is to make sure that it's defined as well as we can define it, where you have the flexibility to operate.

So as an accessory use and affiliation with a hotel or something along those lines. And is that kind of the point you were? Yeah.

How would it operate then with the restaurant that pushes the tables to the side of the room and turns into a club?

That's where that last line that I read where the review committee has the authority upon hearing or notice that a restaurant is operating that man. in a mariner that is closer to a nightclub or discotheque than an actual restaurant.

So under that, any business, let's just use the hundred number because you got it in there. If you were less than a hundred, then you would not have to come pull this license. You would not have to buy that license. If you are over that, you do have to buy the license and it's renewed every year. Correct. Is once a year too long? Because I'm thinking about it from the guy in the breakfast letter about the economics that are put into it. But if you open up your business and you intend to have a larger site and you put the money into it to build it, and you operate it properly and all, at the end of one year, it's pretty easy to say, no, you can't renew your license. For a variety of reasons. They have not had the opportunity to reclaim what they put into it as far as a business. So I'm just throwing it out. Is a year too much or too soon? Could it be two years or not?

I don't think so. I mean, you're supposed to get the annual fire inspections every year. And I think one of the things, too, that we noted to address that And the reason we did that is because there may be some things that may just be a slip-up that doesn't comply 100% but didn't link to anything major. Whereas there may be somebody that just thumps their nose completely to us and goes in there and does whatever they want to do. And so then we can go in there and deal with you accordingly.

It comes down to, you know, it's the few who mess it up for the majority. One bad apple spoils the other. One bad apple messes it up for everybody else and causes everybody else to have to...

And I'd like to point out, I tried to write this ordinance with as much flexibility from the city and an enforcement perspective as possible. That's why we went with the maze instead of the shells. We have the other ordinance that are dropped on the table in front of me, which is just a strict 150 hard cap. There's no wiggle room, there's no if, ands, and buts, it's just this. I was trying to hand something to y'all that's a bit more of a novel approach that allows a bit more flexibility for the city to entertain good operators doing what we want them to do in the commercial space that we provide for them, but also still keeping an enforcement mechanism in place that if something were to occur, we would have some teeth to go after those bad actors in the space. So that's really the lens that we're trying to look at this through. Appreciate the comments that you're making. You're making sure everything's tailored and crafted to that. But it really is about how do we keep the amount of flexibility that we need for this space?

if somebody's making an investment into something and doesn't feel like they can't recover their investment, because every one year I may not get it back. Well, if they read it closely and you explain to them closely that it's, like you say, may instead of shall, maybe that provides more of a comfort level to them to make an investment into a new business in the area. You want to encourage your business, you don't want to discourage it, but you also got to protect it too.

There's a hundred apples. 99 of them are good and one of them is bad. The majority of the time we have to write rules and regulations in relation to the one that's bad because the other 99 will play by the rules the right way. As far as like a business coming in here, if we let you know what you're going up against before you open your business, if you stay within the rules and the regulations, then yes, you can be successful. Sometimes it may just be a bad business idea and a bad business venture. Whether we're involved or not, it might be dead within a year. I mean, that's just the facts of it on the boulevard.

I have a question about the limit of 150. That seems low to me.

Did we look at any examples of businesses that are down there, or did we come up with any to give us more of a concrete idea of what size that actually constitutes?

Everything on the boulevard at this point is under 150. Pretty much.

Everything down there is pretty much. Well, all examples, pretty much all the examples you gave us also looked at 150.

so the ordinance on the table that's just the two-sheeter is a hard cap at 150 the one that we're talking through here with this presentation is any place that has a hundred person occupancy who seeks to go above that hundred person occupancy would be required the special

alternative say we recommend you look at it here's here's here's one that said exactly what y'all said in your ordinance which is under 50 and this is it it's on Boulevard adjacent or here's the one that's call out and try to ensure what the intent is is applied but allows them for large

I think the licensing fee is the better route to go to because it takes away the objection that, okay, I can't have a business that's going to have more than $150 million. It allows you to as long as you play by the rules. So it takes away that objection by somebody who says you're being overburdened on the business.

I think one of the other big things that Cameron made in his presentation is that This is a whole lot more than just a zoning issue. I'll go ahead and tell you right now, I'm not going to show up at 12 o'clock at night in a pair of khakis and a knit shirt and tell them to clear the building. I ain't going to get too far with that. That's the part that we've got to dig a little bit deeper into. Does it need to be in general code? Does it need to be in the zoning code? Does a part of it need to be in the zoning code solely for review process? And then once you get open, it falls back under a general code. That's the one thing I don't have the answer to you yet. That's one thing that we're going to have to go across the street and get with legal and things along those lines as well. But I mean, I see y'all nodding your heads in agreement with what I'm saying. That needs to be a part of the statement that comes from this board in regard to that as well. This is a bit more than just a zoning matter.

So if this were to move forward, then this would fall under zoning officers enforcing this?

If this could fall under zoning officers, I'm going to probably ask y'all to vote no.

So that's where you say the general code also needs to be a part of it because of those other items that it entails.

In drafting this in the purview that I have with the planning department was a struggle and I'll just read this to you. The police department, department of business license and office of the fire marshal shall have the power to order a place vacated or closed in the event a special assembly occupancy is not in compliance with the terms of this section. So in our zoning code we're fire, and the Department of Business license, which are regulated by the general code to conduct flushings of businesses as they see fit. That's an exact point where I think this doesn't jive in just the zoning code. That enforcement piece must come from the general code. But as far as a zoning code, this would essentially force everything up under our zoning officers. To Ken's point, I don't think that's the appropriate way to handle this.

But it would be used during review. Yes. So whenever somebody submits their paperwork in, they want to redo a restaurant, if we're sitting there checking over it and just hypothetically say that we go over to 150. and they come in there showing an occupancy of 175, then we're going to deny it from a zoning standpoint. This can serve as a zoning tool through the review process. Once a business license gets issued or a permit gets issued to start a construction, a business license gets issued to open, that's whenever the other fingers of the city have got to come into play.

What I understand, if I'm reading it right, is if somebody wants to build an establishment that would come under this license, because they're going to exceed 100 in this case. The occupancy would be based upon the size of the building. building next to the top building or building which is under the building code. And that's how we determine the occupancy. Is that correct?

Occupancy is determined by the plans you submit and by layout and the architectural layout and design of your building. Exactly. Occupancy is a number that can be worked. Right. If you've got an occupancy of 170 and you've got to have less than 150, you add four more tables. the oxygen now down to 150. Okay. Now that means we got to go by and check every month to make sure you still got the 45 tables as opposed to the 40 tables. So yeah, that'd be another kind of a hurdle thing to deal with.

So I know y'all got a lot more understanding of this, this special committee to review it. It says What would be the standards? I mean, I understand the standard is not lawlessness and it's not going to create some of the rowliness of the outside public and create issues with the streets and the adjoining relationships. But how would that stand? How would y'all be able to justify, define someone? What is in here that says we have This is what it will be judged upon and stand up if somebody sued you about it, because you just do it arbitrarily as a committee.

The suitability of the location, taking into consideration factors such as crime, traffic, litter, noise, parking, hours of operation, making such suitability determination, the committee neighbors in the immediate vicinity. Other things such as safety inspections of the building. So what else here? Proposed location is complying with all relevant local state laws, including zoning. If you've been denied or revoked a proposed location license within the past three months, it's grounds for non-issuance or non-renewal. So there is a list of criteria in here. What I'd say, the grouping of staff that has been put onto that special the chief of police and fire marshal are strong advocates of the safety component of this, and that is a large part of the determination of whether it's practical or applicable for that location for the chief of police to say, yes, that's a fine place to do this.

Was that similar, I couldn't remember, was that similar to one that was in Philadelphia that's got that type of, and so far they've been able to from a legal standpoint hold up on that? It's still under dog, so... And again, that's where the general code side of it comes back into play.

Those are some pretty tight standards that you just listed. There.

We're good? Am I good?

When will legal look at this? So based off what I'm hearing today, I will have this over to legal for their review and the potential applicability in the general code this afternoon. I'll have that over to them. My plan had always been to have the staff report written up for the next meeting for you all to vote on the direction of this bill, for this ordinance at this point.

But we wanted to make sure that what we were going to run across there first was something that y'all even gave your name with in regard to for that purpose. We didn't want to put the cart before the horse.

Any reason to drop it down to the 100 and the...

licensing one for the 150 or for me at this point everything on ocean boulevard is basically under 150 so if you cap it at 150 there's functionally no need for that license outside of a few businesses that may want to go above it i thought this was just a better capture after meeting with the chief of police it was some concerns about flushing on the boulevard and that sort of stuff i thought this would just help capture a bit more of that activity that we're trying to condition they tend to try and reduce the

size of those down there or do you not have to just ensure we don't go above where we're at?

I'm going to go back to what Cameron said earlier. That's basically an arbitrary number. If y'all feel better at 150 because that was kind of what the original thing came here to you with was the 150 cap. If y'all feel better at the 150, we can bust it up to 150 before we send it across the street.

I think we said this room here is 71, so it's like twice the size of this room here, roughly, which seems like a fairly manageable size.

I was about to say that, if that's something that y'all want it to say to 150, we can make it say to 150.

I would like it to be 150. Well, what I think, so what you're saying is if we go to 150, it Basically, it doesn't bring this into play for any of the businesses on the bull board.

At this point, no. If they would seek to go above the 150, then yes. But it wouldn't cover any of them anyway.

Because they're already there. They're grandfathered in. So it would be a new business that's that one larger, correct?

Right.

Yes, sir.

So it didn't really affect anybody who's down there already. I think the 150 was, the key was, is if they were saying it's only going to be 150, and 150 to be the right number. But we're not going to limit them, even at 100 or 125. It's just they need to go through the process to make sure they're getting the license and that they're not creating the nuisance that is driven there. So it's not going to limit them, I think. And maybe it's for a public image temple, and we'll put out there. But the 100's not limiting anybody with the one where you have the ability to go above it. So I think the 100 was there because How large do we make it where it can create that without them having to review each year? I think it's good to have a review whether it's yearly or whenever it is. Or they can just flat come up and say you're closed because now you credit these issues. That could be another thing.

Based on the discussion that was had, I would oppose before the board right now a straw poll. Do y'all want to go with the 100 or do y'all want to go with the 150 and the other example? We got the one-page ordinance and then we got the five-page ordinance. Do y'all want to go with the 150 on both or do you want to go with the 150 and 100? I say straw poll.

My thought is if we could, it's a snip, but our recommendation would be to snip both the council. It gives a flexibility where people can do what they need to as long as they're doing the right things, keep it safe and secure with Boulevard. The other one is, which is what they asked us to look at, was to cap it at 150, and I don't think that's a decision we can make, because we don't have the information term which is best, but I think we're given the opportunity to see there's a way for businesses to do more than 100, 150, and not stymie the industry, but also keep it safe, friendly, and secure. recommendations and one state is 150 which is solid and the other state which that allows you to go if it's 350 you can do it as long as you're within the standards of operating the public news so that's my thoughts are we able to do that or we have to send more well i mean not for kids that just you know we take a

roll around and say, do you want 100 or 150 on the licensing one? Everybody's fine. That's good. The lower you make it, the more things you put in there, the more work you put on these guys over here.

It also restricts business, don't you think that?

Yeah.

And I'm like that.

I'm fine if you want to say, OK, who wants to go 100? Who wants to go 150? Just count it up and then cut. Who wants to go 150 on the license ordinance?

Which one? The licensing one. On the license. So 150. So we just change them? They'll both sit at 150 now. And we'll run them both across the street. Can't work for you? Works for us. Cut. All right.

Moving on to presentation of new applications.

Presentation of new applications. For this first item, I'm going to hand it over to Vice Chair Stolbe.

This is a request by Shoji Pine Island LLC Robert S. Guyton agent to amend section 11 special requirements and section 13 public improvements and to include appendix 1 into the finalized Seaside Farms PUD ordinance. Here is a location map of the PUD as well as an aerial view. A zoning map with Seaside Farms PUD as the peak in the middle. A master site plan. As regards to section 11, special requirements, the developer will install a five foot sidewalk along the boundary of the subject property. And this is shown in Appendix J, as well as the construction and installments at the expense of the developer of a public transportation shelter for those using public transportation within the existing roadway on the north side of Pine Island Road. And that is shown on Appendix K. As far as Section 13, installing storm drainage improvements, as well as, again, the five-foot sidewalk in width on the boundary of the subject property, the installation of improvements within the right-of-way of Christian Parkway, and lastly, the developer will widen Pine Island Road in conjunction with the installation of the improvements set forth in Section 13.3 above to the boundary of the subject property along Pine Island Road. Appendix I shows the parking requirement for the PUD. One bedroom unit will be one space of parking, two bedroom units 1.5 spaces, three bedroom units two spaces with the accumulation of 607 required number of spaces and 681 of total spaces provided. On the left, you'll see Appendix J, the Roadway Improvement Exhibit, as well as on the right hand, Appendix K, showing that example of a public transportation shelter that will be included. Happy to answer any questions. The applicant is also in the room with us.

So this has already been approved. We're just talking about it.

Yes, this is just an amendment to Section 1113 and the parking requirement of Phoenix High.

On the roadway widening, is that, to go back to that map maybe, but is that just, is that going to like four lane and then narrow back once you get to the end of the property? That's a great question for the applicant.

Okay. Is the five foot sidewalk, is that the standard? Remind me.

It used to be 10, but because of the South Carolina Department of Transportation, They've had to change it to five.

So there's a utility easement on the side of the road and a big ditch there that just they can't get the, it's not wide enough to do what they were going to do originally in the PUD. So that's why they've come back in with the amendment to do what they can with that space.

Couldn't get the approval for the templates they were having to settle on five.

So there's a lot of apartments and buildings. I didn't see and help me, where's the entrance and exit to this? Was there one or two commercial horses?

Right now, it's undeveloped.

Was there one or two commercial horses? That's a great question for the applicant.

The whole thing is commercial. Once you've got that one family, it's all commercial. But that true commercial is the front building for the hotel.

So this parking is a standard just for the Is it all seven buildings or just the six? And then the retail establishment, I guess, would be a better way. Area, is that, what's that part?

This chart is showing for units. So my assumption is that it is for homes.

Right. Okay, so we might be able to ask that. Yes, sir. Any other questions for staff?

Everybody was on this board with the exception of Matthew Lawrence. I'm not sure Joe was when this was originally approved. I think if y'all remember when it left you, that commercial parcel out front was proposed as a hotel. When it got to council, that went away. And it's no longer possible to be a hotel because of the restriction on the short-term rentals there. So it's purely a retail opportunity in its size so it could accommodate its own market and own site. It would have nothing to do with the apartments themselves. I think the staff covered it well. The intent was to widen Pine Island Road with that 10-foot, what we called a multi-purpose path to get people from Grissom all the way down to Highway 15. With the conflicts with the utilities and that became not possible. feet, and then in lieu of that, installed a bus shelter at Grissom to provide some form of benefit to those people in that area that were using public transportation. The appendix I was referenced in the original narrative, and I'll take the blame for that. It just never got attached to the final copy, so that's why we cleaned that up by making sure it was inserted this time. What was the purpose of the additional 74 parts? Just because council was concerned that any time you've got that many apartments in one place, you're going to have guests. What are you going to do with them? So they didn't want us to provide the minimum, so we provided them excess parking on site.

So how is it going to accommodate the retail space? It's a separate lot.

It's not part of the apartment complex. And the road improvements are what? The road improvements are still installing the five-foot sidewalk. We had to improve the storm drainage there, and then as you come off Grissom on to Pine Island, we've got turn lanes in both directions and a widening there at the mouth at Grissom.

So you're speaking of two lane road with turn lanes on it? Yeah.

At that point, we controlled the property, so we could use our own property to widen the road.

It looks like the road right away actually on the other side.

all right moving on to text 26 10 21st avenue pud amendment this is caitlin this is the texas 21st avenue north pud request by indian breakers seaside breakers development and mb national joint venture to amend 21st avenue oceanfront pud division 1a breakers resort and then

Chairman and Commission, thank you for spending time with us today. We're excited to speak briefly about what will be the final amendment to the 21st Avenue PUD. With me here today is my partner with LS3P, Lizzie Daniel, Matthew Britton with Britton Resort and Hotels. and Jeff King. Lizzy and myself will address any of the regulatory, I'm sorry, any of the non-regulatory exhibits that are part of the presentation today in terms of any questions you might have. Jeff King, the ordinance aspect of it. And I'd like to kind of guide you through and tell you the story, if that's okay, for a couple of minutes. I promise I'll be brief. So the first thing I want to mention is that the 21st Avenue PUD, both Lizzie and I were involved in the original creation of that PUD nearly 30 years ago. So we're very excited to bring this, what we feel is the last phase of this PUD to a conclusion for your consideration. So generally speaking, the area that you see in that aerial represents the entirety of all of the 21st Avenue PUD, and as some of you may know, it's been modified or amended many times over the last nearly 30 years. The area that we're gonna talk about today is what you see in those two kind of cubes in red there. And I wanna kind of lay the groundwork that what we're gonna talk about today is a hotel on the oceanfront, which would be, the companion hotel to the dual-branded Marriott, which is, of course, part of the original PUD. And that hotel, we are proposing that it is less tall than it could be according to the PUD and less tall than the Marriott Tower. And you'll see that in the presentation. On the second and third row, what we want to present to you today is how we're going to improve what are really legacy parking lots, legacy surface parking lots that have been in that area for quite a long time, and enhance the pedestrian experience, enhance the traffic flow, the check-in, check-out procedures for the hotel, as well as improve the pedestrian experience and the view to the oceanfront. So we'll go through the next couple of slides kind of quickly. This is just a zoomed in area so you can kind of see these, what I call legacy parking lots. What I mean by that is it's sort of the old fashioned way to go about establishing surface parking. And there's a lot of cars that take up a relatively small amount of area. Doesn't have the full landscaping that we like to provide now as well. And that it's particularly the third row asphalt and parking, really from the sidewalk all the way to the property line. So you'll see in the examples to follow how we're proposing to improve that. And then this just kind of zooms you in a little bit closer again to kind of get over into it. So the first thing I want to talk about is the operator here, Britain Hotels and Resorts, I imagine you're all familiar with them. They operate a lot of properties in the city of Myrtle Beach They have a lot of property here in this PEV. And they really worked hard with the operations folks to think about what is the best approach for the guest arrival experience. When you pull in, how do you drop off? Where do you go when you leave the drop off? How do you circulate around the site? And they recommended to us, and we certainly agreed, that a really good goal here for the public benefit would be, one of them, to eliminate curb cuts wherever we could. There's a lot of curb cuts as part of that sort of legacy strategy, the surface parking down there. So you'll see here on this exhibit two things. One is that the parcels that are colored in red there, those are the parcels that are part of this phase of the PED. The other thing you'll notice there are some red arrows Those are the curb cuts that we're proposing to eliminate by improving the parking situation out there. If we go to the next slide, this sort of illustrates the process that we're talking about, where if you check in, you can ride out onto North Ocean Boulevard and then cross over to Withers. We're getting that traffic off of North Ocean Boulevard, which is a really critical factor here. In addition to that, then you have a series of surface parking lots where it's really easy to see is there a space there, is there not a space there, very binary decision-making. You left in to the parking lot on the second row, you right in or cut across for the third row. If there's not parking there, then you cross over 21st. And there's multiple parking opportunities throughout that entire PUD. This graphic also indicates that by doing this and by consolidating these curb cuts, we can provide more metered parking spaces. Now again, you'll see in the public improvement, that's not for us to say 100%, like this is what the answer is gonna be. Of course, council has to act on what they feel like are the most beneficial aspects of the improvements, but in that area, in that location, we felt like it would be a good idea to propose additional meter parking spaces. Go to the next slide. So these are some photographs. What we try to do with these sorts of things is to level set everybody because we're going to talk about the improvements that we're making and they have a certain characteristic, a certain look, a certain adherence to them. And that's a really important aspect of what we're trying to create here. when i say to improve the pedestrian experience i really mean that you can see that from these images and these photographs that there are a lot of paved areas there are narrow sidewalks on that north side of 21st avenue currently and if we go to the next slide you'll see here that as we talk through how we are suggesting to manage the alleyway shifts that are a part of this PED that there's opportunity to greatly widen and enhance the pedestrian experience down 21st Avenue on the north side. And so that we are proposing on this graphic here just simply to give you an example. Again, this has to go through a process with the city and how that's actually designed, but we're illustrating what it might look like. Let's go to the next slide. So if we are on or driving down 21st Avenue in this particular case, what you see looking towards the ocean is depicted in this photograph. If we go to the next one, as we make the improvements by demolishing the older hotel, excuse me, on the second road, and improving the surface parking and establishing that pedestrian corridor, We put the new tower in that is lower than the Marriott. We really widen that perspective out to the ocean. And some of you probably have been a part of discussions of oceanfront PUDs in the past, but that was one of the original goals of the city council, without planning commission nearly 30 years ago, is to be able to move these alleys around, get a little bit of a larger track to build a new building on, and then shift those alleys to the street ends so that everybody gets the benefit of that view corridor. So you'll see that there. And then we've got a couple of more slides here. So this is a view a little further back and towards the north side. So you're looking straight down here. So the Breakers Tower that you see there straight in front is one of the buildings that will be demolished for the new hotel. And then if we go forward, We're also showing sort of a nighttime view because the day-night experience is very important here downtown, and this depicts the kinds of improvements that can be made in that area to really enhance that. So Matthew Britton is here with me today, but I felt like if it's okay with you, do you have any questions just about the graphics or the public improvements? Otherwise, Matthew would like to present a conversation regarding parking. Let me know if we cover too much ground all at once, or if you're ready to talk about parking.

Does staff want to go through their presentation, or do we want to let them go first?

That's your call as the chair. That's your call as the chair.

We'd appreciate the opportunity to talk about parking, if that's OK. Yeah, we'll hear from you, and then we'll let staff go through there.

Good morning. Oh, good afternoon. Yeah. Tom Blas. we are asking and would like to present a reduced parking from the original requirements and the reason we're asking for that is we have kept up with parking here and we do charge our guests for parking so we have a good history of the number of people we're parking and when we we have push past those limits. And the request is kind of simple. We're asking for a single hotel room to go from one parking place to .9. And we have several, we have a condominium, we have the Marriott, we have the new Hilton, and we have the Sailfish building that all park in all of these areas. They share this parking. And by doing that, we reduce the parking need of any one of those individual buildings. We would also argue that the standards are a little high. We can present to you a study where I forget the exact number, but something around 13, 9 to 13 nights in the entire year do we ever run out of parking. And only then do we run out really late at night and we can park those on the street for the one night.

Yes, I think to clarify that, there's some bullets on the screen there, but The 0.9 cars for the hotel room or one bedroom would translate to 207 required cars rather than 230, right, with this being considered a standalone. In the last three and a half years, right, so three and a half years, only ten nights in that three and a half year period has the parking demand ever gone to 208 or above. So that is a .80 high, right? And the reality is that parking associated with hotels in a district like this that have a lot of parking, you can kind of look around at some of those aerial images, there's a lot of parking out there. Is the criteria we feel like as it stands in the zoning ordinance right now causes some over parking and that's evidenced by this study particularly?

When you say 208, is that the charge parking is what you're saying? Right, but you stay at the hotel, you have to pay for parking. Right, so you had nights where it was 208, so what you're saying is the marketers do that.

No, so what I'm saying is that the number of days it went over 208 was 10 in three and a half years. And how did you measure the stability? That is an arbitrary number. So 0.9 times 230 is 207. So we wanted to know how many times, how many nights we went over that 0.9.

And how did you get your number of how many times it mattered? Was it from the charges you made? Correct. Yeah. The hotel. So the reason I'm asking is so that didn't include the employee parking.

It only included the charge parking. Right. All of the parking for employees is accommodated also within this entire heap.

Right. Right. So it was more than, if you have employees, you are much greater than the charge parking.

That's what I'm saying. And we do want to point out too that there's an overlap, right? The time that the guests are parked with their cars is not the time when all of the staff is at the hotel. And that's one of the distinctions we feel like regarding a hotel that's different than, let's say, a condominium or an apartment complex or these kinds of things. There's a share in a certain sense for the number of employees.

For example, on any given day, 365 days a year, people are checking out of the hotel. And many of those people check out early, 6, 7, 8 o'clock, others 11 and on. Your employees are arriving at 6, 7, or 8 o'clock. So there's no conflict there between the employees and guest parking, then at night you only have a very few employees. So overnight, when you you have maximum parking needs, you only have two, three, four employees. And for that particular this particular building, you might not you might have no employees or one employee. And the only time that The only time you can even measure needing parking because guests staying in the hotel or going to attractions, they're going out to eat. Sure, some are on the beach and staying, but as a whole, they're never all, during the day, they're never all parked in the hotel. They're always a certain amount of them doing something.

So you're basically saying with the employees and the people guests that are staying there, Only ten nights out of the year did you ever have a problem. Ten nights in three and a half years. Three and a half years.

I kind of think, you know, there are certain businesses, and I know you want to have enough parking for whatever your business activity is, but I look at, like, a mall, and probably two or three days a year is that parking lot ever filled. The rest of the time, It's pavement that's paved over so there's no impervious areas. The hotel kind of falls, maybe not quite in the same range, but very similar in that range in that perhaps we overstate the need for parking just so we don't ever run short. But yet, we only have a day or two a year that we actually do use all that parking. So I guess my question might be, you know, obviously in a mall you can sit there and say, okay, we're going to leave out some land over here that's still unpaid. And if you ever find that it becomes a problem, it could be converted in or it could be just used as grass parking or whatever. But in your case, have you all looked at how much around the area of other parking there is so that you don't have a guest that comes up to them? I mean, I agree. I don't I'd like to have minimal parking, but necessary parking, heated parking for the business. Is there, in the general area,

30 or so city parking places that are obviously not needed when that becomes an issue. On those 10 nights, that didn't become an issue until 11 o'clock or 12 o'clock at night. And there's plenty of places to park during that time.

Is the new facility going to have a conference center? No, sir. Strictly just the hotel? Just the hotel.

We're actually closing. We have some meeting rooms in that existing, what is it, a 10-story building. We have a meeting room on top of that that will go away. Also, our business, on this particular property, we do have several independent hotels, but the Marriott and the Hilton will be branded properties. And a large base of our business comes from the airport and people that are Ubering in and don't have a car to begin with. So that's another factor for this independence, less so branded properties. We rely more on that kind of business.

Yeah, the trajectory of the parking needs is decreasing, but we don't know. We don't have crystal balls to know for sure. But the industry believes that the requirement for parking associated with hotels is a decreasing element, certainly not an increasing element. So over time, And as the airport improves and the branded hotels really gain more of a prominence, there's going to be even more people that are choosing to not drive. However, we do understand, of course, that Merbeach is a drive-to destination, so we are not proposing a drastic reduction that would account for, let's say, 10 years from now or 15 years from now.

What is your agreement you have with the other parking garages It's not part of this property. What is that and where is sure you have the long-term viability for it?

So in this particular case, we showed the overall view, and there are really one, two, three, four entities involved there. So there's the existing Marriott to its south is the Paradise Breakers Paradise Tower, which is a condominium. Then to the north will be the new Hilton. And then to the north of that is the Sailfish. And all of those have rights to park in the garage that's across the street. And then the third row garage. So we have two garages already. And none of those properties own those. They have an easement to park there. So they share that parking. And I think there's also to the south of there is the Hilton Vacation Club building. And they have a parking garage for which the Sailfish also has a right to park.

So the park requires for all of those other entities and your ability to have the number of units, 21 spaces in there. it meets their required parking standard and allows you to have 21 spaces.

And Jeff is here too with any highly specific or technical questions regarding the Lloyd's Garage parking.

Oh yeah, just to correct maybe one thing there. Any in the Ocean 22 Garage, the 3rd Road Garage, both the River City and the Sailfish have, and they are dedicated spaces. There's a number of spaces that meet the, that are used for them to meet their requirements and are not used by any other property for that. And the garage is built to that capacity. Right, exactly. That was part of when that building or that garage was constructed was to provide the spaces. I think Sailfish has 21 and River City Cafe has 25 and those are, they are the only entities that use those towards their zoning requirement.

I don't have the square footage on it.

It's an older building. River City does have their own surface parking, I believe, adjacent to their building as well.

I know they met the requirements and we added those 25 because we were taking a lot that had 25 or something like that. So the 25, they're going to

Can you repeat that? What I'm saying is, say River City has 50 parking spaces. The size of the building says they need 25, and because they are in excess of that, that's the 25 you're talking about, you want to contribute towards that. Or as part of this, the requirement for River City.

I think a lot of people are not really contributing with anything to say that that's how those parking spaces over there, how the zoning requirements for those entities are met.

I can answer that question for you. We would not have required them to have those other 25 spaces if they were not required. Correct. And they're not required? No, sir. They are required. That's why they're provided. Okay. All right. Okay. If they were not required. I thought we were counting in their number of units.

When you get to this point sign request, we're just pointing out where the other parking is. Okay, so these 25 aren't included in your . No, they're not overlapping in that.

Okay, that's what I want to make sure of.

Okay, thank you.

If this happens to go forward, what kind of timeline are you talking about? Two years, three years?

We would like to demolish these buildings starting in December, January, February. We'd like to start construction in April after the demolition.

Well, since we're kind of going out of turn here, I'm going to hit up on what Lawrence kind of hit up on in regard to the model. If you use the same process that they're using to figure out their parking for this hotel that you used at the mall, over half the parking at the mall would be gone. Right. Okay? And it's kind of like we talked earlier about the one bad apple. Sometimes we're writing code. We're not writing code for 365 days. Sometimes it is just three days out of the year. I've never seen... where you're not required one parking space per room on any pub or any ordinance that i've ever been involved with that's a little bit of a fear factor to me in there you know but i think the mall example was a prime perfect example it's only six days out of the year that you'll probably see that parking lot full and the other 350 you'll probably see it not even half full Okay? We don't necessarily put things in place for your best days. We put things in place for your worst days. But the worst days are when we get phone calls about there's not enough parking at a location or something along those lines. Again, it's their business model, but it's our code that we have to enforce.

And Ken, with that, and the zoning requirements coming up, et cetera, and there being discussions, they're playing with saying that it's too much. But in the code, do we see any thoughts about it has been too much? I am not seeing anything we've seen in the code so far that we've gone below one on the parking required.

And I want to add to that, Ken. I hear what they're saying, where during the day, people are traveling and stuff. But one of the goals of the city is to improve walkability and have people walking. So it may become, maybe not today, but sometime in the future where people are parking their cars and they're walking wherever. whatever attraction comes up nearby. Leaving their car there. They're parking their car.

That would be the desire of the city as a whole for it to be that way. But I'll hit on something else that Lawrence hit on too. We do have a section in our ordinance that if you can say, I don't need as much parking as you are requiring, but you show the land where that parking could be, we allow that land to be set to the side and not pay, but nothing else can go on there. That land is pretty much regulated and protected for that purpose if that need arrives. To have to depend on parking for another business to meet that need, I'm not gonna say it probably can't work, But it's nothing that can be enforced from a code perspective.

All right, here is our overview of the post phase two development. All right, highlighted in blue is the location of all of the phase two boundary folks area. In the gray is the full PUD. Most changes for the PUD is going to consist of two phases. Three alleys are to be closed. Phase two improvements include the Oceanfront Park area created, be relocated of all the alleyways. Improvements to 21st and Pasadena North streetscape. Section 7.1, the required spaces to be lowered from one space per one bedroom unit to 0.9 spaces. Removal of phase 1A, the interim phase and phase three references. adding language referencing River City Cafe, adding text referencing the garage parking in Division 2 of the PUD, adding parking reference language to Sailfish for 21 spaces and River City Cafe's 25 spaces within the parking garage of Division 2 at Crystal Blue, and removal of exhibits 17, 12, 13, and 14 for Phase 1 improvements. Phase 2 is to complete no later than November of 2032. And then the construction staging. Phase two will have the use of the alley that will be relocated south side for their construction purposes. And then here we have our sources for the alley swaps. Here's a map showing the existing alleys as they are now in the blue, pink, and purple. And here they are relocated.

Does everybody understand the movement of those alleys?

Here's the closed hotel in pink. And the public improvements that they've had in their presentation, all in the yellow. In the green we'll see this is for public use, cities right of way, and in the blue is for private use. This goes over their parking. And here we can see their parking for town. Our internet must be slow. Construction outside. And then the last slide is just the parking radius of 300 feet showing where all their parking would be. That's all for staff's presentation. Do you have any questions?

So the parking, it's at 600. If we were to go down to the point nine, we're changing it for four hotels instead of just the one. So we're lessening the parking on multiple, not just the name. Yes. Good. Any other questions for the applicant? No. Anything else from the applicant? Good. We're good.

Thank you. All right.

Moving on. Good? Yep. All right. You're going to run STN together? Yes. And then also STN 2608 tennis track, which is also by agent.

This is a request by MB Tennis LLC as Cameron Parker as the agent to subdivide approximately 8.54 acres zoned Grand Dunes DED into 31 lots ranging from 11,955 square feet to 6,238 square feet with four new drives. Here highlighted in blue is the parcel in consideration. Here we have the aerial view. Here we have its location in the Grand Dunes PUD. And then here we have the plot showing the 31 lots with the largest lot being 11,955 square feet and the smallest lot being 6,238 square feet. And then here we have the request by MB Penas LLC to name four new drives near Marina Parkway serving 31 single-family homes, Monte Caspido, Valderrama, Capo Pino, and Villa Itana. Here we have the plot showing the location of the first. And then here we have the street names to be approved. Do you have any questions? And then the applicant is also in the audience.

Do we have a tree survey for this?

I have requested a tree survey from the applicant and they will send it to us.

Hopefully we'll have it by next week. Say that again, they will have it by next week.

Okay. So is this, this is still within the PUD? It's just a change of use within this existing PUD? Yes sir, change of use on that property. And are there any other subdivisions within this PUD that are of this size a lot? is smaller a lot.

Yes, sir. There aren't all of them. Yeah, I mean, you're talking about a lot of acreage, so all of their web homes fall within that same square footage. I think there's probably some even less than that.

And they're not requesting any exception to the size of lots of the funds already approved, correct? Correct. The yellow web is down there. Please.

The smallest they're requesting is 6,200. 6,200 is the smallest they're requesting. There are lots throughout this PUD that are smaller than that. With five foot sides, setbacks.

Setbacks, what do you say?

So, they're staying here five foot, but you're saying that others have... Yes, sir. The fire company has some success in that, don't they?

We started fire ridding and other stuff, yes. So I guess the same standards apply on all properties across the PUD. The same standards apply. The same standards that would be applied to this piece of property are the same standards that were applied to any new residential subdivision that's been built in the Grand News PUD.

Did the original HUD So the PUD allows them to utilize this property for this without making an amendment to the PUD. Correct.

Any questions for the applicant or more questions for staff? I'll start it out. Okay.

Thank you, Mr. Chairman. Thank you for considering this application. Cameron Parker with Development Resource Group. This is the finalization of the tennis track for development. Over the years, I've seen this presented as condos, town homes, single family, a variety of uses, all of which are permitted in the PUD. Before you today is 31 single family homes, and I'll walk you around the plan that's in front of you. It'll be accessed off via Marbella Court, behind the private gate. The actual subdivision conforms to Appendix D of the fire truck apparatus standards. So you see a bunch of these alley-ins. There would potentially, once I coordinate with fire marshal, be an emergency access between lot seven and eight. Stormwater management will be provided by the new open space one, which is a wet detention pond that will connect to the existing pond system. Utilities otherwise will be provided by the gravity sewer and water system that is already adjacent to the project. As you mentioned, I'll address a couple of the things that you brought up. We have had our arborist out to identify all of the trees that are protected or otherwise on the project there are 19 um we'll conduct the remainder of the tree survey to close the loop on that but we have provided a tree tree evaluation report that identifies the species diameter and location of those with their health and etc we've determined that There are no landmark trees, but there are a couple of protected trees that we're going to try to save. I guess moving on also around the project to the southwest corner, we're going to leave a large open space, roughly a half acre there to buffer against Grand Dunes Boulevard and Marina Parkway. then continue there will be most likely some type of offense behind lots one through seven to separate those from the right-of-way to continue that you know gated portion of the community I guess to finalize the presentation we've got not shown on this exhibit but as part of the site plans we've got six street side parking spaces, which would kind of go on the unloaded side of those alley ends. You've seen us do that in other subdivisions in the Grand Dunes. And then I guess to address an overarching concern, I know that there's a lot of minds that here see this as obviously the tennis courts. The open space that is required in the PUD is 10% of the respective tracks. This is in the marina track, which is 611 acres, of which have already been dedicated. Let's see, 88 acres, 14% has been de-restricted and dedicated as common area in the marina track itself. So the HUD already complies, or this track already complies with HUD. And then overall, 20% of the PUD has to remain as open space, which would be accommodated by the existing golf courses, stormwater retention ponds, et cetera. So thank you for that. Considering this application, do you have any questions that I can answer?

This is probably just more of a curiosity question. Sure. Do they intend on one entity building the homes or just selling lots out?

I do believe this is going to be offered to more custom builder guilds, but I can't say for sure. And you said you are putting a landscape or fence around it or just yeah before the next presentation we'll bring before you like an open space landscaping and buffering plan that kind of represents what the intent is and I'll bring that for you to consider before the next meeting similar to what's already been done and very likely no walls this is internal to the putt but this will be nicely landscaped buffered and burned with fencing etc And this property that you were talking about that's going to be lived undisturbed? Landscaped and undisturbed, yes. Will the houses along the waterway have access to the waterway or no? Technically they have frontage but they are not going to be permitted to have docks. Okay. So when we apply for the coastal zone consistency permit we'll have to either Provide a dock master plan or not, and it's not to do that.

How close is this to the walkway? To the what now? The walkway that's along the undercoastal roadway? On the other side of the bridge. It's on the other side, okay. Okay, I got you. Thank you.

Any other questions? This is not a public hearing. The Planning Commission wants to hear from one member of the audience. I will allow that, but I'll leave that up to you all. If one person wants to come and speak from the audience, please state your name.

Chairman and Commission members of Council, my name is Norman Hensley. I am the Vice President of the Gulf Village Property Owners Association Board of Directors. We're here to object to this plan and I'd like to give you some of our reasoning behind that from our community. The legacy communities in the Grand Dunes PUD I'm speaking of Golf Village, Castel du Mar, Calais, Cipriana, Seville, Siena Park, and even some of the newer ones, Members Club Village, the Cape, Golf Track 20. None of these communities in the plan have any type of recreational facilities. In the PUD, there are the golf courses, there's the beach club, separate facility and there are these tennis courts. They provide the recreation facilities for these communities. Some of the newer communities do have a swimming pool, maybe even a tennis court or a pickleball court, but they're restricted to those communities. We currently have in the PUD apartments, condos, townhouses, garden homes, and private residences, all that are being constructed, which provide plenty of opportunity for new residents or other residents who want to move about within the PUD. So, my point would be is you're taking away approximately a third of the recreational facilities available to the residents of the Grand Dunes PUD who depend on this for our recreation. We also have some questions about how this will integrate into the Grand Dunes Master Association, how much coordination has been done with the Grand Dunes Master Association, which provides the security. For example, this is a gated community. What is going to be the impact on the security being provided by the Grand Dunes Master Association? Has this been even pushed through What are the architectural design guidelines going to be for this community? Something that I think the Master Association has with all the other communities in Grand Dunes has established. So I'm not sure if the cart is before the horse here or what, but I think there are a number of considerations that haven't been looked at yet. So I would just ask the members of the committee here to take all this into consideration. Thank you for the opportunity to speak. Thank you.

communications from staff all right so before I start I got a notification if y'all folks are looking to leave after that presentation you want to save the the code update that's great but if you want to leave I'd ask you to leave now just they're doing construction outside so we can't have you leaving through the front door so I have to shuttle you outside through the side entrance so if you do want to

Hello, Mr. Kyle. How are you? Does anyone agree right now?

No, no, I appreciate it.

I appreciate it. Thank you.

I don't know what all that banging was.

You thought it was a earthquake? Yeah.

So, from some comments I've received from y'all, I wanted to give a quick update over the zoning reg for the city of Myrtle Beach. We've been hard at work with Kimley Horn on this now for well over 10, 12 months at this point. I just want to give a quick update to this, just level set everything. Kelly Klepper, the gentleman who's come and given a few presentations before y'all at this point, is on his third round of detached retina surgery. So that has kind of thrown this into a bit of a flux as the principal in charge is recovering from another eye surgery. So we wish him well, but that has kind of slowed this process down just a little bit because he can't read at this point. As far as this goes, quick agenda, code overview, we'll go through the zoning district and map, using uses and standards, parking, loading, standards and measurement, and lighting and glare, as well as discussion and next steps. First, broken the code down to three sections, administration, procedure, and definitions, then zoning districts, use standards and overlays, and finally development and design standards. So reorganization to more clearly identify the sections in which you can find the information you need as part of the zoning code. As far as zoning districts, this is one section that we're finalizing right now. It's a refined zoning district framework. We've condensed the zoning districts down. We've cleared up district intent and put back in descriptions of what the district is supposed to be. We've improved the structure for administration and the interpretation, as well as establishing foundations for updating code into the future. So as it currently looks, this is the existing zoning map. Very, very disparate, hard to see at points. If you just look behind yourselves or under yourselves, you can see it clearly. This one, it's hard to tell from this, they don't have the letter designations here, but hopefully you do notice there's a lot less small pockets of territory in the new zoning map. So that is what they're striving for, is much more clear and concise zoning over the entirety of the map. So again, breaking down, I think you've all seen this before, we're going to be removing the RDZ, we're removing the institutional, and we're removing the interim redevelopment as zoning the amount of zoning destinations across the entirety of the map. Questions? Uses and standards. Uses and standards to better align with the zoning districts that we're moving forward with. Standards to be more clearly tied to uses. Improve organization of regulations and support more consistent applications. Again, we have many different zoning uses that are in our chart that are either no longer confectionaries, not necessary, or letter writing stations not really in operation at this point, so probably doesn't need to be in our chart. Moving forward, this helps clarify what districts you can do things in as well as what standard district or what standard section within the code this will be found in. So if you want to know all about the proposed use of multifamily dwellings, you will know directly. It's at 801B7. You can go right there quickly, directly to find the rules and regulations pertaining to multifamily dwellings. Same thing with proposed and accessory use tables. Right now we do not have, we have a singular chart that is both proposed or permitted uses, conditional uses and accessory uses and special exceptions all in one chart. Breaking these out to make them more clear. Moving forward under what an accessory uses and again what code section it can be located in.

I think one of the bigger things that you all see, like you've got the gray headings and then you've got the similar uses. in there, that's a big change for us too.

Yeah, so you can see here's a good example. Instead of grouping just purely alphabetically, we've gone residential, recreation, agriculture. We're condensing those things that are similar to one another into sections that are easier to chase down. So that way you can go find the thing you need. There's also talk about a notes section. broaden scope. When you have something like indoor recreation, that can mean a lot of things to a lot of different people. So to clarify and help Charlie and his interpretations moving forward, a notes section which more clearly identifies things that may be part of indoor recreation. So less is left up to interpretation on a day-to-day basis. Supplemental use standards, this is currently section 13. This was our hodgepodge section of anything and everything that we didn't know where the home for it should be. Everything from like axe throwing to mobile food truck regulations found in cell phone towers found their way in section 13. So a specific supplemental use standards to, again, identify those things. Things we've looked at, amusement rides, axe throwing, drive-throughs, home businesses, HPRs, mobile food units, and outdoor dining. Parking loading is one we just wrapped up. We've clarified dimensional standards for spaces, aisles, and circulations. One thing I'm really happy with, we've increased the minimum size for a parking stall going from 9 feet by 19 feet to 10 by 20 feet. Cars are just getting bigger and bigger and bigger. So to check that a little bit, make each parking space bigger. Reduce minimum parking requirements for select uses. Expanded flexibility for shared and off-site parking. Added standards for drive-through stacking. Introduced district-specific exceptions. Again, we've gone really hard into updating our graphics, so with the stacking requirements, a very clear depiction of the stacking requirements starts at the order board point, and these are the regulations that follow. Anybody should be able to pick up this document and get a feel for what they're up against. Not that they might have all the answers, but definitely a feel for what they're up against, what we're going for here. So again, clarity on the right-hand side, just being very clear and intentional on if you have a pharmacy, you need six cars stacking within the lane from the order point. Standards of measurement, clarity, and graphics on this one, providing guidance on everything from density to intensity, building frontage, building height, setbacks, lot coverage, and ocean yards. Again, we have hand-drawn graphics in our current code book. This is just a modernization to make more clear and specific how you measure anything. lighting and glare, improved clarity of glare and spillover standards, that's a persistent issue here. We've reduced complexity of permitting and approval requirements, updated formatting with clearer tables and graphics, and retained an expanded coastal protection lighting area. So some key takeaways, code update tends to improve clarity and organization for anybody reading the document. The zoning districts and uses have been simplified and refined for us. So we're currently through, I believe there's seven or eight section of this code. We still have about five outstanding that they are working on. Those should be coming to us shortly here and starting with the next planning commission meetings. Hope to be running these to y'all for actual review of the tax moving forward. So that is what I have for y'all. Happy to answer any questions. Go back to that one slide.

I don't, where we've gotten a lot of there about the zoning districts and uses have been simplified and refined. I don't want that to be misleading to y'all, okay? They've been simplified and refined for us as far as enforcement mechanism goes. Understanding would be a whole lot clearer, but we're not simplifying to lose anything or simplifying to give anything away or refining to give anything away. We're simplifying and refining it to make it an easier explanation thing for us to have a use it's not listening to listen in our table we've got a more general use that children you've had that for better examples it decreases our liability as far as any decisions that we make in regard to so i don't want that to be simplified and refined meaning that we've lessened anything whatsoever we simplified it and refined it from an understanding standpoint

So I have accepted a planning position, planning director position up in New Hampshire. So tomorrow is my last day with the city of Myrtle Beach. Thank you all for your time and care in this. It's been a lot of fun. We're proud of some of the things we've done here. But I'll have to go home. What's your anticipated moving day? Monday.

Oh, wow.

right there brought a lot to the table feel like we gave him a strong foundation to go out there and if he's not learned anything else here he's learned how to make a difference and i know he'll take everything wherever he goes um huge loss um that's part of this world that's the part of the way this thing goes we don't We don't bring you here to necessarily keep you forever, but we do bring you here to make you better than you were when we came here. And I'm 100% sure that's what we've done with Mr. Armstrong. The world's his oyster. He just used to eat it somewhere else now. But again, he will be missed, not only as a worker, but as a friend. I hate to see him go, but like I told him, I could never be as much sad as I am happy for you. I'll never be because I am extremely happy with the opportunity that he has going forward. And I'm pleased with the difference that he's made and with the influence on my staff around here. And some of the things that we've learned from him will still continue forward. Thank you, Tim.