Planning Commission

TOWN OF MOUNT PLEASANT, SOUTH CAROLINA PLANNING COMMISSION OCTOBER 24, 2018 DRAFT MINUTES Green arrows in Minutes are hyperlinks to the recording. Attachment 1—Staff Report Present: Joseph Wren, Chair, Roy Neal, John McNeill, Kathy Smith, George Gates, Tripp Cuttino, Peter Lehman, DeAudre Gregg. Absent: Rodly Millet. Staff: Jeff Ulma, Lee Cave, Kent Prause, Michele Canon, Kevin Mitchell, Liz Boyles, Eddie Bernard, Marissa Poultney, Peter Stone, Austin Rutherford, Lynnette Lynes Mr. Wren called the meeting to order at 5:00 pm. 1. Approval of the Agenda Mr. Neal moved for approval of the agenda. Ms. Smith seconded the motion. All in favor. 2. Approval of Minutes from September 19, 2018 Meeting Ms. Smith moved for approval of the minutes. Mr. McNeill seconded the motion. All in favor. 3. Update on Planning Commission Recommendations Ms. Canon reviewed Town Council decisions with the Commission. 4. Correspondence No correspondence was received. 5. General Public Comment There being no comments, Mr. Wren continued with the agenda.  Planning Commission October 24, 2018 Page 2 of 10 6. Staff Update on the 2018 Comprehensive Plan Process Ms. Boyles updated the Commission on the Comprehensive Plan update. She stated that the next meeting with be Tuesday, Dec 4th from 9 am-12 noon. Once the Forum completes their recommendation, an open house would be held and then the Commission would receive the draft plan for review and recommendation. Ms. Gregg asked about transportation. Ms. Boyles answered that there is a transportation element included in the Comp Plan. 7. Requests A. R-23-18, Annex and zone OP, Office Professional District, four parcels between Old Georgetown Road and North Highway 17. Also request to amend the Comprehensive Plan Future Land Use Map designation from Community Conservation to Commercial land uses, located at 2347 N Hwy 17 / Old Georgetown Road Parcel ID (TMS No.): 580-14-00-003, -004, -005, -007 Ms. Canon reviewed staff comments with the Commission (attachment 1). Mr. Neal asked the status of the Longpoint Road realignment project. Ms. Canon answered that the section between Rifle Range Road and Billy Swails Parkway would move forward, but the section from Boone Hall would no longer occur as directed by Town Council. Mr. Neal asked if any of the realignment would occur. Ms. Canon answered that at this time it would not move forward as originally proposed but alternatives are being studied. Mr. McNeill asked if the project would not move forward because the project would have required a portion of the Boone Hall property to accomplish the realignment. Ms. Canon answered in the affirmative. Mr. Gates asked if the overlay district would remain. Ms. Canon answered in the affirmative. She stated that the overlay districts are being reviewed as part of the Comprehensive Plan update process. Mr. Kevin Berry, Earthsource Engineering, and Tommy Baker, developer, reviewed the request with the Commission. Mr. Baker stated that they have been working with the community to ensure their concerns are addressed.  Planning Commission October 24, 2018 Page 3 of 10 Mr. Neal asked about the park portion and if it would be deeded to the Town. Mr. Baker answered that the property would be owned by the bank and be available for community and public use. Ms. Smith asked who would be responsible for maintenance of the park. Mr. Baker answered that as the property owner, he would be responsible for the maintenance of the park. Mr. Gates asked if there would be drive-thru. Mr. Berry answered in the affirmative. Mr. Gates asked if the community reinvestment act requirements would be completed. Mr. Baker answered that they have met all the federal requirements for the community bank. Mr. Lehman asked if there would be dedicated parking for the park. Mr. Baker answered in the affirmative. Ms. Mary Forman Jackson stated that her family previously owned the requested property. She stated that she is a sweetgrass basket maker and is an avid promoter of the sweetgrass basket industry. She stated that she is in favor of the request and having a bank located on the property. She asked for all those in audience in favor of the request to stand. Mr. Lewis Jefferson, vice-chair of CAGE, stated that they have met with the developer and are in support of the project. He suggested that the guidelines of the Comprehensive Plan should be adhered to and is confident that this project would adhere to all the requirements. Reverend Gallant stated that he has been working with the developer and CAGE to ensure that the project comes to fruition and addresses all the community concerns. There being no further comments, Mr. Wren closed the public hearing. Mr. Neal asked if the Sweetgrass basket stand location would be included with the project. Mr. Baker answered in the affirmative.  Planning Commission October 24, 2018 Page 4 of 10 Mr. Wren asked the reason a bank use is not allowed in Limited Office (LO) zoning. Ms. Canon answered that LO is more appropriate for transitional areas and allows more low impact office uses where there is not a lot of customer traffic, such as an insurance or other type of professional office. She stated that based on the traffic, a bank would be a higher impact use. Mr. Neal asked if it could not remain in the Sweetgrass Basket Overlay District (SB-OD). Ms. Canon answered in the affirmative and stated that the overlay district requirements would take precedence that would prevent a bank use. She stated that this would limit square footage, limit to LO uses, and restrict hours of operation. Mr. Neal asked if there are residential uses to the north of the property. Mr. Berry answered that there are commercial uses next to the requested property; there is no residential in close proximity. Mr. Neal asked about the triangular parcel. Mr. Berry answered that it is separately owned and currently vacant. Mr. McNeill asked what other uses would be allowed in Office Professional (OP) zoning. Ms. Canon reviewed the uses allowed under OP. She stated that a restaurant, gas station, or vehicle sales would not be allowed. Ms. Smith asked if the current design would allow for the Longpoint Road alignment in the event the project was approved in the future. Mr. Berry answered that the alignment should not impact the current proposed location. Mr. Neal moved for approval of the zoning and Comprehensive Plan amendment including all staff comments. Mr. Cuttino seconded the motion. Mr. Neal stated that the staff comment regarding the artifacts should be addressed. Mr. Wren called for a vote on the motion. All in favor. B. R-24-18, Rezone from R-1, Low Density Residential District, to CC, Community Conservation District, located at 1227 Long Point Road Parcel ID (TMS No.): 557-00-00-019 Ms. Canon reviewed staff comments with the Commission (attachment 1).  Planning Commission October 24, 2018 Page 5 of 10 Mr. Wren asked about the zoning. Ms. Canon answered that the back portion would remain Conservation Open space (CO). Mr. Wayne Ferry, 472 Rice Hope Drive, expressed concern with the property being further subdivided in the future or being used for commercial uses. There being no further comments, Mr. Wren closed the public hearing. Mr. Wren asked if the property could be subdivided. Ms. Canon answered that commercial would not be allowed, the density would remain the same, and stated that additional dwellings could be included but would have to be situated to allow for possible future subdivision. Ms. Gregg noted that with a rural compound, the additional dwellings would be allowed as long as they are situated on the lot to allow for any potential future subdivision. Ms. Canon concurred. Ms. Smith moved for approval including all staff comments. Mr. Lehman seconded the motion. All in favor. C. R-25-18, Amend the Coaxum Tract PD-CD, Planned Development Conservation Design District, to adopt the planned development district zoning map, located off Billy Swails Boulevard, between Crystal Drive and Yough Hall Road Parcel ID (TMS No.): 578-00-00-128, -129, -167, -168, -217 Ms. Canon reviewed staff comments with the Commission (attachment 1). Mr. Pagliarini stated that Legal staff has reviewed this as well and concurs that the map should be approved and included. Ms. Smith asked if the sketch plan should be approved first. Ms. Canon answered that this should be in place before the sketch plan request is reviewed. Mr. George Freeman, CAGE, stated that he is in favor of the map as proposed. He suggested that the stub out should extend to the property line to allow for any future connections. There being no further comments, Mr. Wren closed the public hearing.  Planning Commission October 24, 2018 Page 6 of 10 Mr. Wren asked if the stub out would be addressed. Ms. Canon answered that it would be addressed with the sketch plan request. Mr. Gates moved for approval including staff comments. Mr. Neal seconded the motion. All in favor. D. R-26-18, Rezone from CC, Community Conservation District, to R-1, Low Density Residential District, located at 1843 Rifle Range Road Parcel ID (TMS No.): 561-00-00-012 Mr. Rutherford reviewed staff comments with the Commission (attachment 1). Mr. McNeill asked if the density is three units per acre. Mr. Rutherford answered in the affirmative. Mr. John Popelka, developer, reviewed the request with the Commission. He stated that he has correspondence from Mr. Rowland in favor of the request and distributed this for the Commission to review. He stated that he would provide an easement to address the encroachment issue. Ms. Smith asked the length of the roadway. Mr. Popelka answered that he is not sure the exact length, but suggested that it is approximately 800 feet. Ms. Smith asked the maximum length for cul-de-sac. Mr. Wren answered that it is 1,000 feet. Mr. Neal asked if the trees have been completely surveyed. Mr. Popelka answered in the affirmative but does not have that information for this meeting. He stated that the information would be included with the sketch plan. There being no comments, Mr. Wren closed the public hearing. Mr. Neal moved for approval including all staff comments. Mr. Cuttino seconded the motion. All in favor.  Planning Commission October 24, 2018 Page 7 of 10 E. SP-09-18 , Approval of Sketch Plan for two single-family residential lots zoned R-1, Low Density Residential District, located at 1236 Melvin Bennett Road Parcel ID (TMS No.): 560-02-00-019, -038, -039 Ms. Poultney reviewed staff comments with the Commission (attachment 1). Mr. McNeill asked about the larger parcel. Ms. Poultney answered that the larger parcel would be commercial. Mr. Matt Cline, engineer, reviewed the request with the Commission. Mr. Neal asked about the drainage system being public as recommended by staff and boring to preserve the trees. Mr. Cline answered that boring would not be an issue and he stated that they would coordinate with staff to ensure tree preservation. He stated that they would prefer a private drainage system and asked that they have the opportunity to work with staff on this issue. Ms. Gregg asked if the applicant has met with the neighborhood. Mr. Tim Askins answered that the property has been deed restricted on what commercial uses would be allowed. Mr. Wren asked about tree preservation. Mr. Askins answered that they have worked with the community to preserve as many trees as possible and have an area for the community. Ms. Smith moved for approval including all staff comments. Mr. Neal seconded the motion. All in favor. F. SP-10-18, Approval of Sketch Plan for Moore’s Landing (Coaxum Tract), 55 single family residential lots zoned PD-CD, Planned Development Conservation-Design District located off Billy Swails Boulevard, between Crystal Drive and Yough Hall Road. Parcel ID (TMS No.): 578-00-00-128, - 129, -167, -168, -217 Mr. Mitchell and Mr. Eddie Bernard reviewed staff comments with the Commission (attachment 1).  Planning Commission October 24, 2018 Page 8 of 10 Ms. Betty Niermann, Seamon Whiteside & Associates, reviewed the request with the Commission. Mr. Neal asked about the entrance and why the HOA areas could not be combined. Ms. Niermann answered that this was recommended by staff to preserve the historic tree. Ms. Smith asked about the trails and suggested that they should be pervious when near property. Ms. Niermann answered that ADA requirements must be adhered to and could mean that pervious material might not be possible. She stated that they would work with staff on this issue. Mr. Mitchell suggested that the Commission address the area behind Backman Drive on whether it should be incorporated into the right-of-way. Mr. Neal moved for approval including all staff comments with the stipulation that the portion along Backman Drive should be included as right-of- way. Ms. Smith seconded the motion. Mr. McNeill asked about the stub outs. Mr. Neal stated that interconnectivity is desired. Ms. Smith agreed. Mr. Neal stated that the sketch plan includes the possibility for interconnectivity. Mr. Mitchell stated that the PD calls for interconnectivity, but that interconnectivity does not have to extend to the property line. Ms. Gregg asked if the right-of-way would be drivable. Mr. Mitchell answered that it would need to be improved at the time interconnectivity was desired. Mr. McNeill asked who would be responsible for maintenance. Mr. Mitchell answered that it would be a public road. Mr. McNeill asked when it would be improved. Mr. Mitchell answered that it would be improved once interconnectivity was desired. Mr. Wren called for a vote on the motion. All in favor.  Planning Commission October 24, 2018 Page 9 of 10 G. Proposal to amend the Vested Rights division of Chapter 156 of the Mount Pleasant Code of Ordinances, Zoning Code Section 156.049, to amend provisions related to extensions of vested rights and prohibitions for approval thereof Mr. Prause reviewed staff comments with the Commission (attachment 1). Mr. Neal asked who requested the amendment. Mr. Prause answered that it was requested by staff with a recommendation from corporation counsel. Mr. Neal asked for clarification on the reason for the amendment. Mr. Prause answered that there is no case law on this issue and this was to better clarify when vested rights are effective and when extension would be allowed. Mr. McNeill asked if this is governed by state statute. Mr. Prause answered in the affirmative. Mr. Neal asked if this would mean that current projects could not request an extension because of a subsequent ordinance change. Mr. Prause answered that this is to provide clarity on when the vested period is valid, and an extension can be requested. Mr. Neal expressed concern with current projects possibly not being able to request an extension due to an ordinance change that occurs after the initial approval. Mr. Wren asked when vested rights become effective. Mr. Prause answered that the ordinance is specific on what can be vested. Mr. McNeill asked how the developer or property owner would be protected if there is a land use change or change in the ordinance provisions and expressed concern as well that this could affect a property owner’s rights. Mr. Wren asked if the public hearing could be kept open until their next meeting in order to have corporation counsel available to provide legal advice. Ms. Canon answered that the November meeting would be within the 30 day timeframe, so the public hearing could be kept open if desired. Ms. Smith suggested that there needs to be a balance. She suggested that the amendment does provide clarity. She stated that she would not be opposed to  Planning Commission October 24, 2018 Page 10 of 10 keeping the public hearing open until the next meeting for further discussion and legal advice. Mr. Gates agreed with staff that the basis of the approval is the building permit and suggested that the amendment provides the necessary clarity. Mr. Neal moved for deferral of this issue to the next scheduled meeting and to keep the public hearing open. Mr. McNeill seconded the motion. All in favor. There being no further business, the meeting adjourned at 7:09 pm. Submitted by, L. Lynes PlanComsn10242018