A - Town Council Meetings

MOUNT PLEASANT TOWN COUNCIL TOWN COUNCIL AGENDA Tuesday, November 8, 2022, 6:00 p.m. Municipal Complex, Council Chambers 100 Ann Edwards Lane Mount Pleasant, SC 29464 MINUTES Click here for slide presentation. Mayor Haynie called the meeting to order at 6:00 p.m. Brenda Corley, Howard Chapman, Laura Hyatt, Gary Santos, Jake Rambo, John Iacofano and Guang Ming Whitley were all present. Carl Ritchie was absent. I. PRAYER Rabbi Refson led Council in prayer. II. PLEDGE Ms. Hyatt led Council in the Pledge of Allegiance. III.APPROVAL OF AGENDA Ms. Whitley moved to approve the agenda, seconded by Mr. Chapman. All present voted in favor. IV.PUBLIC HEARINGS, AWARDS & PRESENTATIONS A. Recognition of Mount Pleasant Track Clubs participation in USATF Junior Olympics Track Nationals Ms. Hyatt recognized members of the Mount Pleasant Track Club for their various achievements. V. APPROVAL OF MINUTES FROM THE OCTOBER 11, 2022 TOWN COUNCIL MEETING AND THE SEPTEMBER 2022 FINANCIAL STATEMENT. Mr. Chapman moved to approve the minutes and financial statement, seconded by Ms. Hyatt. All present voted in favor. VI. PUBLIC COMMENT Louis Jefferson – 1128 McKnight Road stated he wanted to comment on agenda items 3, 4, and 5 which are listed as being deferred. Mr. Jefferson stated he is the vice president of Community Action Group for Encouragement (CAGE) and they have been working with the developers for about a year. He said they are excited about the project but they would like to understand why this body may not approve it and they are willing to meet and discuss it. He said they do not want another residential development in this area. He said a Planned Development agreement may provide them opportunity to enhance the community  Joe Fersner – 505 Antebellum Lane stated he lives in Belle Hall and has been in the stormwater management and environmental protection business all of his life. He said there is a plastic ban in the Town of Mount Pleasant and yet commercial advertisers are able to throw plastic in driveways. He said they wash into the storm drains which gets into the waterways. He does not understand how the Town can have a ban on plastic and not ban plastic. He said this is a serious environmental impact. George Sarkis – 17 Ironbottom Lane, Daniel Island stated he is a principal for The Point which is item 6,7 and 8 on the agenda and he appreciates the support and work effort of staff. They will be here to answer any questions related to the project. Mari Ricozzi – 136 Heritage Circle stated she is here regarding short term rentals. She said the reason for all this is the cap of 400. She said the changes that have been made do not accomplish the goal. She said the most recent verbiage says that those that are currently operating must register before everyone else, and they shall not be subject to the cap. She said before it stated they would be considered exempt from the cap. She said her interpretation is that current permit holders will not be counted as part of the 400, which means that in January 400 people can register on top of those that already have permits and she does not believe that was the intent. Rev. Richard Harkness – 342 Old South Way stated on behalf of Olive Branch AME Church he wanted to thank the Planning Committee for recommending the approval of the property on Highway 17 which is part of the church, to be annexed into the Town and they are hopeful that the Town will approve the recommendation as well. Diane Vincent – 242 6th Avenue stated she is concerned about the language that Ms. Ricozzi brought up. She thanked Council and Staff for listening to their concerns. She is also concerned about the permit fee going up and she would respectfully ask that it be kept at $250.  Bill Macchio – 1319 Lake Mallard Boulevard thanked Council for letting them speak. He stated STRAMP has had dialogue with the Planning Committee and Staff and it has been great. He said Council passed the cap of 400, and he would like to find a way to keep it there. If it is not, the Town will be overrun like Folly Beach and other areas because they are not having dialogue. He said having these discussions shows that our community does communicate and we all want the best for our community. VII. CONSENT AGENDA ITEMS Mr. Chapman moved to approve all Consent Agenda items, seconded by Ms. Hyatt. All present voted in favor. A.Final Reading: An Ordinance providing for the annexation of an approximately 3.77 acre tract of land comprised of five parcels as follows: 1) an approximate 0.69 acre tract of land located at 1124 McKnight Road; 2) an approximate 0.77 acre tract of land located at 1128 McKnight Road; 3) an approximate 0.77 acre tract of land located at 1139 and 1141 McKnight Road; 4) an approximate 0.77 acre tract of land located at 1145 McKnight Road; 5) an approximate 0.77 acre tract of land located at 1150 McKnight Road. (Ord. No. 22054) Planning Committee recommended approval 4-0 October 3, 2022 Planning Committee Minutes This Ordinance SIGNED, SEALED and DELIVERED this date. B.Final Reading: An Ordinance providing for an amendment to the Watermark PD, Planned Development District Ordinance (Ord. R- 16-05, as amended), designating OP, Office Professional, and NC, Neighborhood Commercial, uses for an approximately 3,509 square foot ground floor space located in the Central Square at Watermark Apartment Complex. (Ord. No. 22055) Planning Commission recommended approval. Planning Committee recommended approval 4-0  September 21, 2022 Planning Commission Minutes October 3, 2022 Planning Committee Minutes This Ordinance SIGNED, SEALED and DELIVERED this date. C.Final Reading: An Ordinance to amend Section 156.296 of Chapter 156, Zoning Code, of the Mount Pleasant Code of Ordinances, pertaining to Workforce Housing Exemption Grant. Proposed is to amend the term of affordability for a period of not less than thirty years. (Ord. No. 22056) Planning Commission recommended approval. Planning Committee recommended approval 4-0 September 21, 2022 Planning Commission Minutes October 3, 2022 Planning Committee Minutes This Ordinance SIGNED, SEALED and DELIVERED this date. VIII. PLANNING A. NEW BUSINESS 1. First Reading: An Ordinance providing for the annexation of an approximately 0.225 acre tract of land located at 1752 North Highway 17. (Ord. No. 22058) Planning Committee recommended approval 4-0 October 31, 2022 Planning Committee Minutes Ms. Whitley moved for first reading, seconded by Ms. Hyatt. All present voted in favor. 2. First Reading: An Ordinance providing for the annexation of an approximately 1.46 acre tract of land located at 3935 Colonel Vanderhorst Circle. (Ord. No. 22059 ) Planning Committee recommended approval 4-0. October 31, 2022 Planning Committee Minutes  Mr. Rambo moved for first reading, seconded by Mr. Chapman. All present voted in favor. Applicant has requested deferral for Agenda Items 3, 4 and 5, to include the Annexation, Zoning and Impact Assessment for Village Park (properties at Vaughn Ed Kee Parkway and Billy Swails Blvd.) 3. First Reading: An Ordinance providing for the annexation of two parcels of land, a total of approximately 9.66 acre tract of land located at the future corner of Vaughn Ed Kee Parkway and Billy Swails Boulevard. (Ord. No. 22060) Planning Committee recommended approval 4-0. October 31, 2022 Planning Committee Minutes 4.First Reading: R-19-22 Village Park Planned Development . An Ordinance to zone PD, Village Park Planned Development District, an approximately 9.66-acre tract of land comprised of two parcels. Properties are located off the future Vaughn Ed Kee Parkway, further identified by TMS Nos. 578-00-00-005 and 578-00-00-006. (Ord. No. 22061) Planning Commission recommended denial 8-1. Planning Committee recommended denial 4-0. October 19, 2022 Planning Commission Meeting Minutes October 31, 2022 Planning Committee Minutes 5.Approval of an Impact Assessment and Conceptual Plan for Village Park Planned Development, a proposed residential and commercial mixed-use PD for an approximately 9.66-acre tract of land comprised of two parcels, located off the future Vaughn Ed Kee Parkway, and identified by TMS Nos. 578-00-00-005 and 578-00-00-006 Planning Commission recommended denial 8-1. Planning Committee recommended denial 4-0. October 19, 2022 Planning Commission Meeting Minutes October 31, 2022 Planning Committee Minutes Mr. Chapman moved for deferral of all three items as requested by the applicant, seconded by Ms. Corley. Ms. Whitley said she does not see any reason to defer. She said her opinion is formed on this and she does not think there is any productive conversation that could be had that would change her mind and she is comfortable voting on this tonight. Mr. Rambo said at the very least he thinks the vote on the annexation should be held, and he would be comfortable with deferring the other two items. Mr. Chapman withdrew his motion and Ms. Corley withdrew her second. Ms. Whitley moved to approve item number three, annexation (Ord. No. 22060), seconded by Mr. Rambo. All present voted in favor. Mr. Rambo moved to defer items four (Ord. No. 22061) and five (Impact Assessment and Conceptual Plan), seconded by Mr. Iacofano. In answer to a question from Mayor Haynie, Mr. Pagliarini stated for zoning matters it must be approved in six months, or it would automatically be approved. He stated they could make any number of deferral requests. It would go on the agenda for next month unless Council specifies a length of time. Ms. Whitley said this parcel of land 9 of the 10 acres are a pond and the proposed planned development is 28 townhomes and 60,000 square feet of commercial. In the Comprehensive Plan this is Community Conservation zoning, and it should come in as Community Conservation and they would still be able to build 28 homes there under that zoning with the proper lot sizes of 12,500 square feet. She said they are asking for a zoning that is incredibly intense for this area  for what the Comprehensive Plan says, and she does not see anything that is going to change her mind so she will be voting against it. Mayor Haynie asked if the annexation passed final reading next month, it would come in under Community Conservation and Mr. Pagliarini answered in the affirmative. Mayor Haynie asked if a Comprehensive Plan amendment would be needed and Mr. Pagilarini responded in the negative. Mayor Haynie called for the vote on the deferral. Ms. Hyatt, Mr. Rambo, Mr. Santos, Ms. Whitley, Mayor Haynie, and Ms. Corley voted no with Mr. Iacofano and Mr. Chapman voting yes. The motion to defer fails with a 6-2 vote (Mr. Ritchie was absent). Ms. Whitley moved to deny items four (Ord. No. 22061) and five (Impact Assessment and Conceptual Plan), seconded by Ms. Corley. Mr. Chapman voted no with all others present voting in favor. The motion for denial carried 7-1 (Mr. Ritchie was absent). 6. First Reading: An Ordinance providing for the annexation of an approximately 8.05 acre tract of land located at the northeast corner of Paul Foster Road and Belle Point Drive. (Ord. No. 22062) Planning Committee recommended approval 4-0. October 31, 2022 Planning Committee Minutes Ms. Whitley moved for first reading and approval of items 6, 7, and 8 (Ord. 22062, Ord. 22063 and Impact Assessment for The Point), seconded by Mr. Santos. All present voted in favor. 7.First Reading: R-20-22 The Point Planned Development. An ordinance to zone PD, The Point Planned Development District, an approximately 9.37-acre tract of land comprised of two parcels. Properties are located at the intersection of  Long Point Road and Belle Point Drive and identified by TMS Nos. 556-00-00-525 and 556-00-00-278. (Ord. No. 22063) Planning Commission recommended approval with one abstention. Planning Committee recommended approval 4-0. October 19, 2022 Planning Commission Meeting Minutes October 31, 2022 Planning Committee Minutes [Approved with Item 6 above.] 8.Approval of an Impact Assessment and Conceptual Plan for The Point Planned Development, a proposed commercial and economic development mixed-use PD comprised of two parcels. Properties are located at the intersection of Long Point Road and Belle Point Drive and identified by TMS Nos. 556-00-00-525 and 556-00-00-278. Planning Commission recommended approval with one abstention. Planning Committee recommended approval 4-0. October 19, 2022 Planning Commission Meeting Minutes October 31, 2022 Planning Committee Minutes [Approved with Item 6 above.] 9. Approval of an Impact Assessment and Conceptual Plan for 963 Houston Northcutt, an approximately 7.0-acre tract of land currently zoned AB, Areawide Business District, and improved with the Regal Cinebarre. Proposed redevelopment of the site includes 200,000sf of medical and general office and an associated parking structure. Planning Commission recommended approval unanimously. Planning Committee recommended approval 4-0 October 19, 2022 Planning Commission Meeting Minutes October 31, 2022 Planning Committee Minutes Ms. Corley moved for approval, seconded by Mr. Chapman. All present voted in favor.  10. First Reading: SC Building Codes Amendment. An Ordinance to amend Town of Mount Pleasant Code of Ordinances, Sections 92.01, entitled South Carolina Fire Code Adopted, and Section 150.001, entitled Codes Adopted by Reference, described herein and in Exhibit A, pertaining to the adoption date of the latest edition of the most current version of the South Carolina State Adopted Code, including the Administrative Chapter One. (Ord. No. 22064) Planning Committee recommended approval 4-0. October 31, 2022 Planning Committee Minutes Ms. Whitley moved for first reading, seconded by Mr. Santos. All present voted in favor. B.OLD BUSINESS Final Reading: An Ordinance to amend Sections 156.340 – 156.345 of Chapter 156, Zoning Code, of the Mount Pleasant Code of Ordinances pertaining to Short Term Rentals. Proposed is to amend the Ordinance to add clarifying language defining STR Operator, Cap, and to differentiate application deadlines for current STR Operators versus new applications. (Ord. No. 22052) Planning Commission recommended approval. Planning Committee recommended approval 4-0 Ms. Reed stated there is a proposed amendment after hearing concerns from some short term rental operators about the language. Mr. Iacofano recused himself from the discussion and vote and left the dais. Ms. Reed stated the language has been changed and the attorney and staff are all comfortable with the language and believe it addresses the issue of not only opening up the window of application for current operators, but also provides a deadline so there are not open-ended applications being submitted. It does not say that they are not held to the number, but if they apply and we are at a cap they are protected if they have followed all the rules. Ms. Whitley moved for final reading, seconded by Ms. Hyatt. Mr. Chapman said he is still not clear how this does not exempt them from the cap. Ms. Whitley moved to amend the ordinance based on the recommendation of staff, seconded by Mr. Santos. Ms. Whitley said there are currently 437 short term rentals in existence and because of that, if we were to subject them to the cap, there would be 37 people who would not get their short term rentals renewed. She said this language is protecting the existing short term rentals, but it does say that anything received after December 15 will be subject to the cap and will be treated as a new short term rental operator application. This will protect those that are beyond our cap to exist until we have the attrition of those 37 short term rentals and we are back to our true cap, this is the language necessary to preserve them. Ms. Hyatt said what we are trying to do is grandfather existing people in without saying we grandfather you in. Mr. Pagliarini said if we add language that says in no circumstances does the cap move change or cease not to exist, it may help. He suggested that Council direct Legal Counsel to add language in this specific section in addition to what has been presented that specifies that the 400 cap remains and in no circumstances is it changed or altered. Ms. Whitley amended her motion to be as stated by Counsel, and Mr. Santos amended his second. Mayor Haynie called for the vote on the amendment and all present voted in favor. Mayor Haynie called for the vote on the amended ordinance and all present voted in favor.  This Ordinance SIGNED, SEALED and DELIVERED this date. September 6, 2022 Planning Committee Minutes October 3, 2022 Planning Committee Minutes IX. COMMITTEE ACTION ITEMS A.Accommodations Tax Advisory Committee Approval of Funding Recommendations Funding Recommendations Committee Report October 14, 2022 Accommodations Tax Advisory minutes Mr. Iacofano stated the Accommodations Tax Advisory Committee (ATAC) met to make recommendations for the thirteen (13) funding requests received. The current available balance is $139,125. Council has received a summary of the requests (Funding Recommendations) and the Committees recommendation for funding eleven requests totaling $125,000. If Council accepts the Committees recommendations, this will leave a $13,625 balance. Mr. Iacofano moved to approve the funding recommendations totaling $125,500. (As this is a recommendation from Committee, no second is needed.) After further discussion, all present voted in favor. B. Police, Judicial and Legal Committee Approval to appoint two Municipal Judges October 31, 2022 Police, Judicial and Legal Committee Minutes Mayor Haynie moved to reappoint Paul Thurmond and Anna Richter each to another term as Municipal Judges, seconded by Ms. Whitley. All present voted in favor. X. COUNCIL BUSINESS A.New Business Adoption: A Resolution accepting dedicated property as shown on a final plat of The Oaks At Primus recorded with the Office of the Register of Deeds for Charleston County in Plat Book L18, Pages 0336-0339. (R.22111) Mr. Pagliarini stated the Town is preparing to acquire necessary property for Billy Swails Boulevard and there is property at The Oaks at Primus that has been designated for that purpose, and what this Resolution would do is close the loop and accept the property into the system as the Oaks was required to do. At this time, since this Resolution was prepared and the agenda was posted, he has heard from Legal Counsel with The Oaks at Primus and they wish to work with Staff to create a solution for the Billy Swails acquisition. So at this time Mr. Pagliarini is recommending to Council that this item be deferred for a minimum of two months in order to work out an agreement related to the right of way. Mr. Chapman moved to defer this item for two months as recommended by counsel, seconded by Mr. Santos. All present voted in favor. B.Old Business Final Reading: An Ordinance to amend Sections 30.35 and 30.36 of the Mount Pleasant Code of Ordinances entitled Rules of Order and Public Comments at Town Public Meetings. (Ord. No. 22057) Ms. Whitley moved for final reading, seconded by Mr. Chapman. Mr. Santos asked for a quick review of what this ordinance means. Mr. Pagliarini said a few months ago Council made a decision to amend the code to clarify citizens speaking time to two and a half minutes. After that was done, it created two different scenarios in our ordinances and this is meant to  make it uniform. Sections 30.35 and 30.36 will both read two and a half minutes and that will be enforceable by our boards and commissions as well. He said if we do not do this, we will have significant lack of clarity in our ordinances. October 3, 2022 Police, Judicial & Legal Committee Minutes Mayor Haynie called for the vote. Mr. Santos and Mr. Iacofano both voted no with all others present voting in favor. The motion carried with a 6-2 vote. This Ordinance SIGNED, SEALED and DELIVERED this date. C. Executive Session Mr. Chapman moved to go into executive session to discuss a potential lease of property, seconded by Ms. Whitley. All present voted in favor. The meeting was adjourned into executive session at 6:45 p.m. 1.Legal and Contractual Discussion and possible action regarding a potential Lease of Property D.Post Executive Session Council may take action on any item, including any subsection of any section, listed on an executive session agenda or discussed in an executive session during a properly noticed meeting. Mayor Haynie reconvened the meeting at 7:13 p.m. stating no decisions had been made or votes taken. XI. ADJOURN There being no further business the meeting was adjourned at 7:14 p.m. Respectfully submitted, Christine Barrett Clerk of Council November 8, 2022