City Council

AMENDED City Hall 80 Broad Street February 26, 2019 5:00 p.m. CITY COUNCIL A. Roll Call B. Invocation – Councilmember Gregorie C. Pledge of Allegiance D. Presentations and Recognitions 1. Proclamation recognizing Women in Construction Week 2. Proclamation recognizing USS Charleston Week 3. Recognition of Early College High School Dean’s List Students E. Public Hearings 1. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 1004 Physicians Drive (West Ashley) (0.84 acre) (TMS #309-00-00-075) (Council District 7), be rezoned from General Office (GO) classification to Commercial Transitional (CT) classification. The property is owned by Dr. Marcelo Hochman. 2. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 41 and 41½ Line Street (Peninsula) (0.077 acre) (TMS #459-05-03-113) (Council District 4), be rezoned from Light Industrial (LI) classification to Mixed-Use/Work Force Housing (MU-2/WH) classification. The property is owned by Scott W. Kay. 3. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 200 Spring Street (Peninsula) (0.412 acre) (TMS #460- 11-01-011) (Council District 3), be rezoned to be included in the Accommodations Overlay Zone (A) classification. The property is owned by 200 Spring Street Development LLC. 4. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that property located on Magnolia Road and Live Oak Avenue (West Ashley) (0.36 acre) (TMS #418-13-00-057, 418-13-00-292 and 418-13-00-293) (Council District 9), be zoned Single-Family Residential (SR-4) classification. The property is owned by Nathan and Michelle Hertel. 5. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone  Map, which is a part thereof, so that a vacant lot on Stinson Drive (West Ashley) (0.99 acre) (TMS #350-05-00-095) (Council District 11), be zoned Diverse Residential (DR-1F) classification. The property is owned by Rale MGMT LLC. 6. An ordinance to amend Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) to incorporate provisions to allow subdivison and development of Single Family Detached Affordable Housing as a conditional use within multiple base zoning districts. (AS AMENDED) (THIRD READING) (The Planning Commission recommends disapproval; requires ¾ vote of Council.) F. Act on Public Hearing Matters G. Approval of City Council Minutes: 1. February 12, 2019 H. Citizens Participation Period I. Petitions and Communications: 1. Appointment of Director of Stormwater Management (Memorandum from Mayor Tecklenburg to be sent under separate cover) 2. Appointment of Director of Public Service (Memorandum from Mayor Tecklenburg to be sent under separate cover) 3. Introduction of Lakesiya Cofield, new Municipal Court Director 4. Reappointment of Edward Kronsberg to the Charleston Housing Authority 5. Reappointment of Mayor John J. Tecklenburg, Councilmember Robert Mitchell, and Councilmember Perry K. Waring to the Berkeley-Charleston-Dorchester Council of Governments Board of Directors 6. Reappointment of Mayor John J. Tecklenburg, Councilmember Marvin D. Wagner, and Councilmember Kevin Shealy to the Charleston Area Transportation Study (CHATS) J. Council Committee Reports: 1. Committee on Traffic and Transportation: (Meeting was held on Tuesday, February 26, 2019 at 2:30 p.m.) a. Speed Hump Approvals: (Does not require Council approval) - Battle Trail Drive – Stoneview Neighborhood, Johns Island - Sugarberry Lane – Gardens at Whitney Lakes, Johns Island - Iron Bottom Lane – Daniel Island Park, Daniel Island 2  - William E. Murray Boulevard – Carolina Bay Creekside, West Ashley - Betsy Road – Harrison Acres, West Ashley - Line Street – Cannonborough/Elliotborough, Peninsula b. Director’s Update 2. Committee on Public Safety: (Meeting was held on Monday, February 25, 2019 at 3:00 p.m.) a. Update on Turning Leaf Project – Amy Barch b. Police Department: Update on CNA Audit c. Fire Department: Update on Fire Station #16 d. Fire Department: Discussion regarding policy change on department responses to citizen calls 3. Committee on Public Works and Utilities: (Meeting was held on Monday, February 25, 2019 at 4:00 p.m.) a. Miscellaneous and Other New Business: (i) Introduction of Director of Stormwater Management appointee (ii) Introduction of Director of Public Service appointee (iii) Spring/Fishburne Drainage Project Update (iv) King/Huger Drainage Update (v) Report from Floodplain Manager: Freeboard Update 4. Committee on Ways and Means: (Bids and Purchases (Parks: Approval to accept the 2019 Keep South Carolina Beautiful Palmetto Pride Grant in the amount of $14,800. Program funds will go towards litter cleanup and beautification supplies, as well as education program costs. The Palmetto PRIDE Grant was due November 2018 and accepted December 2018. This is after-the-fact due to KCB staff being out of the country and a change in format of the grant application/award process. No City match is required. (Police Department: Approve the Independent Contractor Agreement in the amount of $25,000 with Kylon Middleton Ministries, LLC to perform consulting services in connection with the 2019 Illumination Project. 3 (Police Department: Approval of a Memorandum of Understanding between CPD and CCSD to allow CPD to conduct emergency services training at Fraser Elementary School, 63 Columbus Street, Charleston, SC 29403. (Housing and Community Development: Mayor and City Council are requested to approve a Memorandum of Understanding between the City of Charleston and the Public Housing Authority (PHA) of the City of Charleston for the management and oversight of the Environmental Review Process for the PHA as required by the Department of Housing and Urban Development, pursuant to the National Environmental Policy Act of 1969. The City of Charleston’s Department of Housing and Community Development as the local jurisdiction receiving the HUD funding has acted in this capacity for the Housing Authority in the past and shall not be required to pay for any costs related to professional services secured in the conduct of these services, but will have oversight responsibilities to ensure actions are taken compliant to the regulations. (Housing and Community Development: Mayor and City Council are requested to approve a Construction Contract between Howell and Howell Contractors, Inc., and the City of Charleston for construction services to build three homes, known as the Katrina Cottages on parcels owned by the City of Charleston at 4 Nunan Street, 4 Grants Court, and 87 Cooper Street located in the West and Eastside neighborhoods of the City of Charleston. These homes will be sold to first time homebuyers earning one hundred and twenty (120%) percent and below the Area Median Income. The contract amount is $666,215 which includes a ten (10%) percent contingency and will be derived from funding in the Fee-in- Lieu account. The overall budget for the development the three lots is $730,745 and is attached for your information. The bid for services was released December 5, 2018 with responses received January 25, 2019. (To be sent under separate cover by the Legal and Housing and Community Development Departments.) (Housing and Community Development: Mayor and City Council are requested to approve a reallocation of funding from the Community Development Block Program income fund to the Fee-in-Lieu account in the amount of $351,721 for the construction of the Ashleyville/Maryville houses. This would reduce the amount of funds derived from the Fee- in-Lieu Account from $1,027,000 to $675,279. Please see the attached memorandum for additional information. (Budget Finance and Revenue Collections: Approval of the Blue Cross/Blue Shield HRA Administration Contract. In August, the 2019 Healthcare budget was approved which included the HRA administration. This is an increase ($6500) to the originally approved vendor. (Approval to apply for 2019 Charleston County Greenbelt funds in the amount of $6,100,000 for the purchase of an 8.46 acre waterfront property on James Island (Fort Pemberton). Application deadline is February 29, 2019. There are no matching funds for this grant and funding of the grant comes from the “Urban” Greenbelt allocated to the City. (Approval to apply for 2019 South Carolina Conservation Bank Trust Fund Grant in the amount of $600,000 to be used in the purchase of an 8.46 acre waterfront property on James Island (Fort Pemberton). This funding source is to supplement the application of 4  Charleston County Greenbelt Funds for the purchase of the property. The deadline for this application was 1/31/2019 and this is an after-the-fact approval for application. This grant has no matching fund requirement. (Request approval of the Fourth Amendment to Lease Agreement for police forensics unit at 1023 Wappoo Road whereby extending Suites A-14 and A-15 one additional month to April 30, 2019 and Suite B-48 up to six additional months to September 30, 2019 (To be sent under separate cover by the Legal and Real Estate Departments) (Request approval of the Lease Agreement for 2093 Executive Hall Road for the relocation of police forensics unit (To be sent under separate cover by the Legal and Real Estate Departments) (Request approval of the Lease Agreement for 12-C Farmfield Avenue for the relocation of police forensics unit (To be sent under separate cover by the Legal and Real Estate Departments) (Request authorization for the Mayor to execute an Agreement of Purchase and Sale in the amount of $70,000 for the property known as 36 Cooper Street. The goal in the acquisition of this site is to demolish the current structure and maximize the lot size for the construction of additional for-sale housing to persons earning 120% or below the Area Median Income. The property is owned by Benjamin Green Jr. and Shakayla Simmons. (TMS: 459-06-01- 008; 36 Cooper Street) (Request approval of a Resolution expressing the City’s intention to make a loan to WestEdge supporting WestEdge’s obligation pursuant to the Infrastructure Development Agreement to pay certain costs incurred by 99 West Edge Developer, LLC for the installment of public improvements supporting the redevelopment of the WestEdge District, such loan to be secured by a Promissory Note in the form attached to the Resolution in the amount of $4,124,290.61 , which shall be repaid by TIF Revenues, and to terminate the Guaranty Agreement, previously approved by City Council which capped the amount to be paid by the City of such public improvements at $3,735,536. (TMS: Portion of 400-00-00- 013; 99 West Edge) (Consider the following annexation: 214 Rice Mill Place (TMS# 269-01-05-023) 0.24 acre, Cainhoy (District 1). The property is owned by Matthew Hunter Baker and Chelsea Baker. (Executive Session in accordance with Section 30-4-70(a)(2) of the South Carolina Code to discuss contractual negotiations and receive legal advice regarding the acquisition of a new drainage easement over property owned by St. Andrews Playground Commission (Charleston County TMS No. 350-04-00-002) as part of the Forest Acres Drainage Improvements Project. The Committee may or may not take action after returning to open session. (Approval of a Resolution to submit the Greenbelt Funding Application to pay for one half of the acquisition of the Brantley Park site (Discussion of the Lowline and Greenbelt Funding Give first reading to the following Resolutions and bill from Ways and Means: An ordinance to provide for the annexation of property known as 214 Rice Mill Place (0.24 acre) (TMS# 269-01-05-023), Cainhoy, Berkeley County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 1. The 5  property is owned by Matthew Hunter Baker and Chelsea Baker. A Resolution expressing the City’s intention to make a loan to WestEdge supporting WestEdge’s obligation pursuant to the Infrastructure Development Agreement to pay certain costs incurred by 99 West Edge Developer, LLC for the installment of public improvements supporting the redevelopment of the WestEdge District, such loan to be secured by a Promissory Note in the form attached to the Resolution in the amount of $4,124,290.61 , which shall be repaid by TIF Revenues, and to terminate the Guaranty Agreement, previously approved by City Council which capped the amount to be paid by the City of such public improvements at $3,735,536. A Resolution to submit the Greenbelt Funding Application to pay for one half of the acquisition of the Brantley Park site K. Bills up for Second Reading: (City Council may give second reading, order to third reading, give third reading, and order engrossed for ratification any bill listed on the agenda as a second reading.) 1. An ordinance to amend Chapter 17 of the Code of the City of Charleston, South Carolina, to modify the City’s Palmetto Artisan Regulations to extend the age of the program to eighteen years old or until graduation from high school. 2. An ordinance amending Chapter 27 of the Code of the City of Charleston, by amending Flood Hazard Prevention and Control Requirements in Section 27-117 to increase the Freeboard Requirement from one foot to two feet, effective August 1, 2019. (DEFERRED) 3. An ordinance to provide for the annexation of a vacant lot on Stinson Drive (0.99 acre) (TMS# 350-05-00-095), West Ashley, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 11. The property is owned by Rale MGMT LLC. (DEFERRED) 4. An ordinance to amend provisions of Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) pertaining to Article 2, Part 15 – Mixed Use 1 - Workforce Housing district and Mixed Use 2 - Workforce Housing District. (DEFERRED FOR PUBLIC HEARING) 5. An ordinance to provide for the annexation of property known as Clements Ferry Road (16.40 acres) (TMS# 275-00-00-005), Cainhoy, Berkeley County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 1. The property is owned by IVO Sands LLC. (DEFERRED) 6. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that property on Clements Ferry Road (Cainhoy) (approximately 16.40 acres) (TMS #275-00-00-005) (Council District 1), be zoned Rural Residential (RR-1) classification. The property is owned by IVO Sands LLC. (DEFERRED) 6 7. An ordinance to amend Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) by amending Section 54-206 and Section 54-207 to make parking for churches a conditional use within the Conservation and all Residential Zoning Districts. (DEFERRED FOR PUBLIC HEARING) 8. An ordinance to provide for the annexation of property known as 1415 S Edgewater Drive (0.72 acre) (TMS# 349-13-00-095), West Ashley, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 11. The property is owned by Robert F. Kauffmann.(DEFERRED) 9. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 1415 South Edgewater Drive (West Ashley) (00.72 acre) (TMS #349-13-00-095) (Council District 11), be zoned Single-Family Residential (SR-1) classification. The property is owned by Robert F. Kauffmann. (DEFERRED FOR PUBLIC HEARING) 10. An ordinance to provide for the annexation of property known as 1389 River Road (10.94 acres) (TMS# 311-00-00-025), Johns Island, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 5. The property is owned by Knapp A Partnership. (DEFERRED) 11. An ordinance to provide for the annexation of property known as 1381 River Road (1.28 acres) (TMS# 311-00-00-097), Johns Island, Charleston County, to the City of Charleston, shown within the area annexed upon a map attached hereto and make it part of District 5. The property is owned by Knapp A Partnership. (DEFERRED) 12. An ordinance to amend provisions of Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) by amending Part 17 – Upper Peninsula District pertaining to strengthening Workforce Housing. (DEFERRED FOR PUBLIC HEARING) 13. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 1335 King Street Extension (Peninsula) (0.37 acre) (TMS #464-14-00-079) (Council District 4), be rezoned from Light Industrial (LI) classification to Upper Peninsula (UP) classification. The property is owned by Joe Singleton. (DEFERRED) 14. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 1335 King Street Extension (Peninsula) (0.37 acre) (TMS #464-14-00-079) (Council District 4), be rezoned from the 2.5 Old City Height District classification to the 4-12 Old City Height District classification. The property is owned by Joe Singleton. (DEFERRED) 15. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that property located on King Street Extension and Montford Avenue (Peninsula) (0.10 acre) (TMS #464-14-00-080) (Council District 4), be rezoned from Single-Family Residential (SR-1) classification to Upper Peninsula (UP) classification. The 7  property is owned by Horace A. Rooke. (DEFERRED) 16. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that property located on King Street Extension and Montford Avenue (Peninsula) (0.10 acre) (TMS #464-14-00-080) (Council District 4), be rezoned from the 2.5 Old City Height District classification to the 4-12 Old City Height District classification. The property is owned by Horace A. Rooke. (DEFERRED) 17. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 141 Meeting Street and 174 King Street (Peninsula) (1.061 acres) (TMS #457-08-04-003) (Council District 1), be rezoned from General Business (GB) classification to Urban Commercial (UC) classification. The property is owned by SCE&G. (DEFERRED) 18. An ordinance to amend Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) to remove residential uses, nursing and personal care uses, and school uses from the Light Industrial (LI) and Heavy Industrial (HI) Zone Districts. (DEFERRED) 19. An ordinance to close and abandon Kinlock Court, a City right-of-way, said right-of-way running westerly approximately 200 feet from meeting street to the Interstate 26 right-of-way; and to further authorize the Mayor to execute Quit Claim Deeds and any other necessary documents, approved as to form by the Office of Corporation Counsel, to the owners of those properties abutting each side of Kinlock Court, conveying to each owner one-half of the width of Kinlock Court as said Kinlock Court abuts each owner’s property, subject to any and all easements or other matters of record. (DEFERRED) L. Bills up for First Reading 1. An ordinance to amend the Stormwater Design Standards Manual in accordance with Sec. 27-28 of the Code of the City of Charleston, by adding interim requirements for stormwater systems and facilities for new developments within all areas of the City other than the Church Creek Drainage Basin; to provide for exemptions; and to provide for an expiration date. (Requested by Councilwoman Jackson) (DEFERRED) 2. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that 217 Ashley Avenue (Peninsula) (0.33 acre) (TMS #460-11- 04-080) (Council District 6), be rezoned from Diverse Residential (DR-2F) classification to Limited Business (LB) classification. The property is owned by Trust of Robert J. Lowe, Jr. & Trust of Gwendolyn M. Lowe. (The Planning Commission recommends disapproval.) (DEFERRED) 3. An ordinance to amend Chapter 21, Article II of the Code of the City of Charleston by adding a new Section 21-17 that prohibits building construction operations during certain hours. (DEFERRED) 8  4. An ordinance to amend the Zoning Ordinance of the City of Charleston by changing the Zone Map, which is a part thereof, so that property located on Sheppard Street and Saint Philip Street (Peninsula) (approximately 0.69 acre) (TMS #460-04-04-078, 460-04-04-080 and 460- 04-04-086) (Council District 4), be rezoned to include it in the Short Term Rental Overlay Zone (ST) classification. The property is owned by Lowcountry Marketing Group LLC. (DEFERRED) 5. An ordinance to amend Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) by amending Section 54-220 Accommodations Overlay Zone, by inserting language to preserve Mixed-Use Districts; prohibit the displacement of housing by accommodations and consider the effects of housing units to be altered or replaced on the housing stock and whether requirements to protect the affordability of the housing units should be attached to an accommodations special exception approval; prohibit the displacement or reduction of office space by accommodations to be located within areas on the peninsula designated “A- 1” on the Accommodations Overlay Zoning Map and on streets with office use as a predominant use; prohibit the displacement of more than 25 percent of ground floor, store front retail space by accommodations uses on streets with ground floor, store front retail as a dominant use; and prohibit an overconcentration of accommodations units within areas on the peninsula designated “A-1” on the Accommodations Overlay Zoning Map (DEFERRED) 6. An ordinance to amend provisions of Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) by amending Part 17 – Upper Peninsula District pertaining to incentive options and particularly strengthening Workforce Housing; and by amending Sec. 54-201 (V), Base Zoning Districts to correct Upper Peninsula District; and by amending Article 3, Part 2, Sec 54-305 (B) pertaining to Upper Peninsula District; and by amending Article 3, Part 1, Sec. 54- 301, Table 3.1 Height, Area and Setback Regulations, footnote 24, pertaining to correcting the Section number; and by amending Article 4, Part 4, Sec. 54-420, Table 1.2 allowed sign types by Zoning District to add Upper Peninsula District; and by amending Article 1, Part 1, Sec. 54-102 (b), Base Zoning District Classifications to add Upper Peninsula District. (DEFERRED) 7. An ordinance to amend Chapter 54 of the Code of the City of Charleston (Zoning Ordinance) by adding to Article 9 thereof a new part 8 providing for a Temporary Moratorium on the issuance of development permits for Residential (Single Family and Multi-Family) Development on John’s Island (TO BE WITHDRAWN) M. Miscellaneous Business: 1. The next regular meeting of City Council will be Thursday, March 14, 2019 at 5:00 p.m. at City Hall, 80 Broad Street. In accordance with the Americans with Disabilities Act, people who need alternative formats, ASL (American Sign Language) Interpretation or other accommodation please contact Janet Schumacher at (843) 577-1389 or email to schumacherj@charleston-sc.gov three business days prior to the meeting. 9