Planning Commission

TOWN OF MOUNT PLEASANT, SOUTH CAROLINA PLANNING COMMISSION JUNE 22, 2022 MINUTES PowerPoint Presentation Present:Kathy Smith, Vice-chair, Bill Smyth, Brett Bennett, Bruce Koedding, Gary Davis, George Gates, Michael McCormick, Pam Ireland. Absent:Joseph Wren. Staff:Michele Reed, Peter Stone, David Pagliarini, Kevin Mitchell, Heidi Moeser, Jane Yager-Baumrind, Lynnette Lynes Ms. Smith called the meeting to order at 5:00 pm. 1.Approval of the Agenda Ms. Ireland moved for approval of the agenda. Mr. Koedding seconded the motion. All in favor. 2.Approval of Minutes from May 18th Meeting Mr. Davis moved for approval of the minutes. Mr. Gates seconded the motion. All in favor. 3.Update on Planning Commission Recommendations Mr. Stone reviewed Town Council decisions with the Commission. 4.General Correspondence All correspondence was linked to the agenda. 5.General Public Comment Mr. John Iacofano suggested that there should be a residential (4%) and non- residential (6%) short-term rental permit with increasing the fees for non- residential permit to $1,500. He suggested that having separate permits would be a better means of differentiating between owner-occupied and non-owner occupied STRs. He suggested that a minimum number of rooms would not be necessary. Mr. John Clark, 174 6th Avenue, suggested that there should not be a limit on the amount of use for short-term rentals. He suggested that if a minimum number of days is needed, then the number should be lowered so that those that are only using short-term rentals on a part-time basis are not penalized. Ms. Michele Whitbeck, 712 Hibbens Grant Blvd, suggested that the short- term rental program is still in its infancy and that no changes should be considered at this time. She suggested that the number of permits should be reviewed and the length of time for renewals should be lengthened because of the holidays. She suggested that some of the changes could be burdensome on staff regarding enforcement, such as off-street parking, and suggested that they be reviewed as well. Ms. Laurie Bixler, 144 3rd Avenue, stated she voiced her concern regarding the short-term rental program and the number of permits being issued. She stated that her main concern is to allow those with permits to be “grandfathered” and be able to continue to rent, which means that the number of permits issued could and has been in excess of the cap of 400 permits. She suggested that without the permit cap and allowing those with existing permits to be “grandfathered”, more short-term rental permits could be issued to corporate owners and the number of short-term rental properties increased within the Town. Mr. George Freeman, 1450 Bowman Rd, spoke regarding item D. He expressed concern that a property would be landlocked because of the current proposed entrance for the property. Mr. Dan Henderson, 165 St. Margaret St., spoke regarding item D and in rebuttal to Mr. Freemans remarks. He stated that there is not a recorded easement for the neighboring property to use the driveway. He suggested that there are two driveways that the neighboring property has available. Mr. Jack Yates. 401 Japonica, spoke regarding Short-term rentals. He stated that he agrees with Mr. Iacofanos comments regarding increasing the fees. He also suggested that the cap should be reviewed so that anyone wanting to rent can do so. He suggested that showing use of 120 days is excessive and should be decreased. He stated that he has been on a waiting list for a STR permit to become available. He suggested that some minor adjustments are in order and could easily be accomplished. Mr. Brandon Bruce, 1125 N. Shadow, suggested that the Short-term rental program should be simplified, and changes handled one item at a time. He suggested that adjusting the cap on the number of permits should be addressed first.  Ms. Mari Ricozzi, 136 Heritage Circle, suggested that the short-term rental permit cap should be reviewed and agrees with previous comments. Mr. Wade Allen, 1151 George Browder Blvd and presiding Elder at Life Park Church, spoke regarding item C. He stated that Life Park Church is adjacent to the proposed Retail Village project and expressed concern that the project, particularly the dog care business that will be in close proximity to the church, would negatively affect their church and activities. There being no further comments, Ms. Smith continued with the agenda. 6.Requests A. R-15-22, Request to amend the Central Mt. Pleasant PD, Planned Development. Proposed is to include three abutting parcels into the PD, Planned Development increasing the acreage by 2.23- acres within the Mixed-Use Center Tract. The three parcels requested to be incorporated are currently zoned AB, Areawide Business in the HNB-VR-OD, Hungryneck—Venning Road Overlay District Identified by TMS Nos. 559-00-00-171, 172, 173. Mr. Stone reviewed staff comments with the Commission. Mr. Mack Cross reviewed the request with the Commission. He stated that they are amenable to working with staff and noted that there could be areas within the development where the 25-foot buffer could impede some development. Mr. Robert Vanderhorst, 1721 Rifle Range Road, asked the impact on the neighborhood for the proposed road. Ms. Smith noted that the roadway would be located on the project parcels along with any buffer required and would provide another access, potentially alleviating traffic on HNB. There being no comments, Ms. Smith closed public comments. Ms. Smith moved for approval based on the following findings: ØThere are items to be addressed within the planned development that can be done during the impact assessment approval process ØMain street design is beneficial for this development Øbuffers can be addressed Mr. Smyth seconded the motion. Motion passed on a 7 to 1 vote with Mr. Smyth, Mr. Bennett, Mr. Koedding, Mr. Gates, Ms. Smith, Mr. McCormick, and Ms. Ireland in favor; Mr. Davis opposed. B. R-16-22 Request to establish a PD, Planned Development on the properties located at 1503 and 1513 Mathis Ferry Rd. Proposed is to aggregate three parcels totaling 9.53- acres, identified by TMS No. 559-00-00-073, currently zoned R-1, Low-Density Residential District and TMS Nos. 559-00-00-072, -074, both currently zoned OP, Office Professional District. This item was withdrawn by the applicant. C.IA/CP Highway 17 North Retail Village Request to approve an Impact Assessment and Conceptual Plan for the properties located 3236 North Highway 17. Proposed Mixed-Use Development consists of approximately 14.6 acres comprised of eight parcels located on Highway 17 North (across from Lowes at Oakland) and identified by TMS Nos. 598-00-00-008, 598-00-00-010 through -012, 598-00-00- 018, 598-00-00-020, 598-00-00-025 and 598-00-00-059. All parcels are zoned AB, Areawide Business District. Mr. Stone reviewed staff comments with the Commission. Ms. Ireland moved for approval with the following conditions: Økeep 100-foot buffer Ørelocate pet daycare further away from church to a more peaceful, less intrusive area Mr. Bennett seconded the motion. Ms. Ireland agreed with the concerns of Life Park Church regarding potential noise and location of the pet daycare. Mr. Stone noted a point of order that the applicant has not been heard. In addition, they have a PowerPoint presentation that if amenable to the Commission, the applicant would proceed. Given that the motion was premature and made before the applicant presentation, Ms. Ireland withdrew her motion and Mr. Bennett seconded the motion. Mr. Bennett moved for approval of the additional information being presented to the Commission. Mr. Smyth seconded the motion. Motion passed on a 7 to 1 vote with Mr. Smyth, Mr. Bennett, Mr. Koedding, Mr. Davis, Ms. Smith, Mr. McCormick, and Ms. Ireland in favor; Mr. Gates opposed. Ms. Jenna Nelson and Mr. Ricky Waters, Bowman Consulting, reviewed the request with the Commission through a PowerPoint presentation. Mr. Pagliarini noted that the Commission has purview to make conditions on the impact assessment approval but would not have purview to change business models. Mr. James Inman, representative for the pet care business reviewed the proposed number of animals they would care for. Ms. Ireland moved for approval with the following conditions: Øretain a 100-foot buffer Ørelocate pet care business farther away from outdoor areas of the church property to the proposed parking area as seen on slide 7.c.2 Mr. Bennett seconded the motion. Ms. Reed stated that this is not a rezoning request; the property is correctly zoned. She stated that it is being considered as a whole development and are all permitted uses as currently proposed. She suggested that looking at the development as a whole should be considered for the impact assessment as these could come to the Town for approval on an individual basis. Ms. Smith called for a vote on the motion. Motion passed on a 7 to 1 vote with Mr. Smyth, Mr. Bennett, Mr. Koedding, Mr. Davis, Ms. Smith, Mr. McCormick and Ms. Ireland in favor; Mr. Gates opposed. Mr. McCormick left at this time (6:31 pm). D.SP-07-22 Proposal for Sketch Plan approval for a subdivision to create six lots on property zoned R-1, Low Density Residential District. Property is located at 1374 Rifle Range Rd. consisting of approximately 1.90 - acres and is identified by TMS No. 560-05-00- 17. Mr. Mitchell reviewed staff comments with the Commission. Ms. Smith moved to allow additional information from the applicant. Mr. Bennett seconded the motion. All in favor.  Mr. Joey Woody, representative, reviewed the request with the Commission through a PowerPoint Presentation. Ms. Ireland moved for denial. Mr. Gates seconded the motion. Ms. Ireland expressed concern with adding six lots in this area as it would provide additional impervious surface. She also expressed concern with the roadway configuration and that it would not allow for sufficient space for vehicles. Ms. Smith expressed concern with the proposed roadway and that it would not meet Town standards in addition to the number of proposed lots. She also expressed concern with drainage. She stated that there are a number of staff comments that may or may not be able to be addressed. Mr. Gates expressed concern with the number of staff concerns and noted that an infill project was recommended for denial. He suggested that this is an infill project as well. Ms. Smith called for a vote on the motion. All in favor. E.SP-08-22 Proposal for Sketch plan approval for a subdivision of 1170 Rifle Range Rd. creating one new lot. The 1.43-acre parcel identified by TMS No. 560-05-00-024 is requesting a Land Development Waiver from Chapter 155.047(C)(1)(b)(4)(d) Subdivision through an access easement, situating two R-1, Low Density Residential lots on this tract. Ms. Moeser reviewed staff comments with the Commission. Mr. Kirk Heimrich, owner, reviewed the request with the Commission. Ms. Smith moved for approval with the condition of the applicant providing proof of a viable, legal easement for the new lots and lot 20 and including all staff comments. Ms. Ireland seconded the motion. Mr. Gates expressed concern that this was an infill project. Ms. Smith called for a vote on the motion. Motion passed on a 6 to 1 vote with Mr. Smyth, Mr. Bennett, Mr. Koedding, Mr. Davis, Ms. Smith and Ms. Ireland in favor; Mr. Gates opposed. F.Proposal 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 entire ordinance to clean up outdated language, and to the clarify language related to the cap and how it is administered based on those already operating a STR. On June 6th Planning Committee reviewed the extents of this proposal and motioned that it be remanded back to the Planning Commission for input. Ms. Reed reviewed staff comments with the Commission. Ms. Smith suggested that there should be a distinction between renters at the 4% tax rate and those at 6% rate. She also suggested that the permit fees should be increased. She stated that the number of days showing use of the STR permit could coincide with the state threshold that triggers the increase to the 6% tax rate. Mr. Bennett suggested approval of the draft with staff determining some minimum standards, delaying a vote and have staff come back with changes, or making a recommendation of changes. Mr. Gates asked the average daily rental is for a short-term rental and suggested that the fees should be increased. Ms. Reed stated that the average daily rate for a short-term rental is $230 per night. She also reviewed the proposed total revenue from all short-term rentals. The Commission agreed and recommended the following changes to the short-term rental program: ØAllow for two types of permits—one for those operating at the 4% tax rate and one for those operating at a 6% tax rate. ØIncrease the permit application fee to $1,500, particularly for those properties being assessed at a 6% tax rate. ØThere should be a minimum number of nights of use for 4% properties of 28 days; 72 days for 6% properties ØIncrease number of permits allowed to 450, particularly if moving to two separate permits ØClean up definition of terms for consistency such as owner versus operator, principal dwelling versus principal structure, local designated agent versus local emergency contact, etc.  G.Presentation by Engineering and Development Services staff, detailing the Land Development approval process, as administered by the Development Review Team. Presentation will cover purview of both Town staff and Planning Commission in vesting Sketch Plans. Ms. Smith moved for deferral to the next months meeting. Ms. Ireland seconded the motion. All in favor. There being no further business, the meeting adjourned at 7:42 pm. Submitted by, L. Lynes PlanComsn06272022