Planning Commission

TOWN OF MOUNT PLEASANT, SOUTH CAROLINA PLANNING COMMISSION AUGUST 24, 2022 MINUTES PowerPoint Presentation Present: Joseph Wren, Chair, Bruce Koedding, Brett Bennett, Gary Davis, Bill Smyth, Kathy Smith, Pam Ireland, Michael McCormick (entered at 5:39 pm) Absent: George Gates. Staff: Michele Reed, David Pagliarini, Peter Stone, Kevin Mitchell, Julianna Wright, Jane Yager-Baumrind, Lynnette Lynes Mr. Wren called the meeting to order at 5:01 pm 1. Approval of the Agenda Ms. Smith moved for approval of the agenda. Ms. Ireland seconded the motion. All in favor. 2. Approval of Minutes from July 20th Meeting Ms. Smith moved for approval of the minutes. Mr. Davis seconded the motion. All in favor. 3. Update on Planning Commission Recommendations Mr. Stone reviewed Town Council recommendations with the Commission. 4. General Correspondence All correspondence was linked to the agenda. 5. General Public Comment Ms. Bailey Vincett, Chamber of Commerce, spoke regarding item F. She stated that the Chamber of Commerce has been working on increasing the attainable housing inventory. She stated that studies show that Mount Pleasant needs additional dwelling units in the amount of approximately 1200 dwelling units per year to keep up with the housing demand; last year less than 650 dwelling units were permitted. She suggested that downzoning residential density in commercial  Planning Commission Agenda August 24, 2022 Page 2 of 8 districts would further exacerbate the inventory issue and asked that the current density not be changed. There being no more comments, Mr. Wren continued with the agenda. 6. Requests A. R-17-22, 1619 HWY 41 Rezoning- Request to rezone from R-1, Low Density Residential District, to CC, Community Conservation District, an approximately 1.0-acre tract of land located at 1619 Highway 41, identified by TMS No. 583-00-00-109, and depicted on a plat recorded by the Charleston County ROD Office in Plat Book AB, Page 043. Mr. Stone reviewed staff comments with the Commission. There being no comments, Mr. Wren closed public hearing. Ms. Smith moved for approval. Ms. Ireland seconded the motion. All in favor. B. 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 ordinance to create two separate permits, one that operates under four percent and rents under 72 days per year, and one that operates under six percent and rents over 72 days a year. Also proposed is to consider a fee increase for those operating at six percent. Ms. Reed reviewed staff comments with the Commission. Ms. Mari Ricozzi, 136 Heritage Circle, expressed concern with the number of changes being suggested. She suggested that the ordinance should be better clarified, so there is no confusion, such as identifying a local agent and when a violation is issued. She also suggested that instead of having two separate fees for a STR permit, the penalties for those illegally operating should be increased. Ms. Mindy Spires-Miller, 1452 Waterway Court, stated that she is on the waiting list for a STR permit. She asked that those on the waiting list be allowed to have a permit and if those not using their permit are not complying  Planning Commission Agenda August 24, 2022 Page 3 of 8 with the regulations, they should not be allowed a permit. She suggested that the permit cap is not a fair percentage of the total number of dwellings in the Town. She suggested that more STRs should be allowed within the Town to provide a more residential neighborhood experience for visitors. Mr. Bill Macchio, 1319 Lake Mallard Blvd, suggested that STRs provide needed housing for visitors and provide additional income. He suggested that the visitors are vetted prior to renting. Ms. Jessica Miller, 724 Harbor Lane, stated that there are currently 15 STRs in their neighborhood in close proximity. She suggested that their covenants and restrictions prevent business activity, but the determination was made that the covenants and restrictions did not prevent the operation of STRs. Ms. Liana Neer, 731 Harbor Lane, suggested that there are several safety issues with STRs in her neighborhood. She stated that she has been told that the Police Dept is limited on what can be done. She expressed concern that STR renters are not vested in the neighborhood and do not respect the neighborhood. She stated that there are several issues such as safety, parking, taxing of amenities, etc. She suggested that the STR renters should not be allowed to affect the peaceful possession of other owner’s property or affect other’s well-being. Mr. John Whitbeck, 292 North Hobcaw Dr, stated that he has been working to get his property in order to rent as a STR. He stated that he secured the STR permit with the intention of utilizing it for additional income and to support his elderly parents, but supply issues and his parent’s health issues have delayed repairs being completed in order to begin renting. He expressed concern that he will lose his grandfathering status because of not currently being able to rent his home. Ms. Catherine Rainwater, 1447 Indian St, expressed concern with the limitations of renting an ADU as it only allows three people to occupy the ADU and she must live onsite. She suggested that STR operators are good for the Town as the renters are encouraged to utilize local businesses and restaurants. She suggested that the permit cap should be reviewed and more responsible STR operators should be allowed. She suggested that the increase in fees and additional regulations would put additional burden on the STR operators.  Planning Commission Agenda August 24, 2022 Page 4 of 8 Mr. McCormick entered at this time (5:39 pm). Mr. Brandon Bruce, 254 Alexandrea Drive, suggested that STRs allows visitors to immerse themselves in the community and provide additional income for residents. He suggested that the main issue is changes to the ordinances that are suggested without asking for feedback from the STR community. He expressed concern with “hastily made changes” to the ordinance and suggested that input from the STR community should be considered prior to any ordinance changes being considered. Mr. Eric Benson, 242 6th Ave, suggested that an animosity should not be generated between the Town and STR operators. He suggested that input from the STR operators is vital in having a good relationship between the STR operators and the Town. Ms. Diane Vincent, 242 Sixth Ave, stated that their STR is their main source of income. She suggested that there be no changes to the current ordinance. She stated that many of the STRs are maintained and in better condition than other residences. She stated that they recommend restaurants and other amenities. She suggested that more emphasis should be placed on having violators come into compliance. Mr. Brian Hawkey, 637 Ellis St, stated that the STR operators are very conscientious operators. He suggested that the main issue is those that are renting without a permit. He suggested that there is a rating system for vacation rentals and “bad” renters are reported. He suggested that having to provide IRS and tax information in order to receive a permit is an “overreach of government”. Ms. Jesse Newton, 665 Ellis St, stated that she is new to the area and rented an AirBnB. She stated that they chose Mount Pleasant to live and have a STR in the Town. She stated that they frequent and recommend local businesses for their renters. She would like the program to continue. Mr. Thomas Donaldson, 226 Molasses Lane, stated that they have been STR operators since 2017 and use it for additional income. He expressed concern with the new regulations they could lose their STR permit because of non-use.  Planning Commission Agenda August 24, 2022 Page 5 of 8 Ms. Cindy Pickles, 727 Center St, expressed concern with the number of STRs allowed within Waterway Arms. She expressed concern that the affordable housing units that could be utilized are not available because of being used for STR units. She suggested that more affordable housing should be available for the workforce not utilized as STRs. Ms. Alicia Lockwood, 316 Lapwing Lane, suggested that this is a relatively new program and that the proposed changes are inconsiderate to those current STR operators. She suggested that having a two-tier system would complicate the program. She suggested that the issue is with violators and suggested that the penalties should be changed and increased. Ms. Paula Reavis, 1451 Heather Dr, expressed concern with the new parking requirements. She stated that the owner should not be penalized for the renter parking on the street as opposed to the designated parking for the STR. Mr. John Iacofano, 388 Overseer Place, commended staff for some of the changes made to the ordinance. He stated that he is not in favor of having a minimum number of stays. He suggested that the permits should be divided according to whether you pay a 4% property tax or 6% property tax. He suggested that those on the waiting list should be allowed to receive permits. He suggested that more code enforcement is needed. He also suggested that if the accommodation taxes are collected by the Town as opposed by Charleston County, there would be a better record of those taxes being paid. Mr. Chris Capbert, 1440 Glencoe Drive, suggested that the changes make sense and seem to be fair. He stated that he is currently on the waiting list and would like those not using the permits to not be able to hold up that permit. Ms. Lisa Jenkins, 1130 Talisman Rd, suggested that consideration should be made to the number of STRs within a neighborhood. She suggested that there should be more affordable housing available. Ms. Laurie Bixler, 144 3rd Ave, suggested that the Waterway Arm issue is a HOA issue, not a STR issue. She expressed concern with information or misinformation that has been dispersed. She asked that an advisory commission should be created to properly review this issue.  Planning Commission Agenda August 24, 2022 Page 6 of 8 Mr. Clint Shook, 1423 Mataoka St, stated that he is currently building an ADU for his parents and to rent as a STR and is currently on the waiting list. He suggested that there should be a distinction between an ADU and a whole house rental. Ms. Catherine Lambert, 715 Center St, expressed concern with the number of STRs in Waterway Arms. She suggested that the Waterway Arms residents have not had a say in how HOA fees are utilized, the number of golf carts operated in a neighborhood, or had a decision on who was elected to the HOA board. M. George Bixler, 144 3rd Ave, stated that they have rented for over ten years as additional income. He suggested that one solution might be to allow one permit per parcel. Ms. Laurie Bauer, 506 Live Oak Dr, suggested that there should be an advisory commission to coordinate changes. She suggested that there should be one fee for a permit and not a two-tier program. She agreed with the cap at 400 permits. Mr. Brett Champion, 1224 Penny Circle, suggested that the parking regulations should be better clarified. He suggested that the number of people allowed to occupy an ADU should be changed. There being no further comments, Mr. Wren closed the public hearing. Mr. Bennett moved for approval of the amendments as presented. Ms. Smith seconded the motion Ms. Ireland moved to amend the motion to recommend imposing civil penalties for violations up to $1,000 as legally allowed. Mr. Smyth seconded the motion. All in favor. Mr. Wren moved to amend the motion to allow ten business days to submit any missing or additional information before an application is denied. Ms. Ireland seconded the motion. All in favor.  Planning Commission Agenda August 24, 2022 Page 7 of 8 Mr. Wren called for a vote on the amended 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. Wren opposed. C. Impact Assessment/Conceptual Plan/Street Name Approval Request to approve Impact Assessment, Conceptual Plan and Street Name for the properties located at 2233 and 2237 North Highway 17 (Between Home Depot and Christ Church Episcopal.) Proposed is to develop an approximately 8.48-acre shopping center and gas station. Proposed internal Street name is Holliday Farms Blvd. Property is further Identified by TMS Nos. 558-00-00-146 and 558-00-00-927. All parcels are zoned AB-2, Areawide Business-2 District Mr. Stone and Mr. James Aton reviewed staff comments with the Commission. Mr. Trey Sedalik reviewed the request with the Commission. Ms. Ireland moved for approval of the impact assessment and conceptual plan with the following conditions: ➢ inclusion of 20 ft buffer/bioswale ➢ pervious parking for parking over the required parking ➢ vehicular interconnectivity with Home Depot and Christ Church property ➢ 8 ft stockade fence with masonry piers screening as depicted on 7c- 3 of staff presentation with the fence on the Farms side and landscaping on cemetery side Ms. Smith seconded the motion. All in favor. Ms. Smith moved for approval of the street name as presented. Mr. Bennett seconded the motion. All in favor. D. SP-09-22 , Request to subdivide an approximately 2.75-acre lot, proposing to create 5 lots located at 980 Pine Hollow Road. Property is currently zoned R-1, Low Density Residential District. Identified by TMS No. 535-00-00-004. This item was removed by staff.  Planning Commission Agenda August 24, 2022 Page 8 of 8 E. Presentation by Engineering and Development Services staff detailing Sketch Plan submittal requirements and Planning Commission purview. Ms. Wright reviewed the sketch plan submittal requirements with the Commission. The Commission received this as information. F. Further discussion of permitted residential density. Planning Commission requested that staff review examples of permitted density in other areas and share information regarding current efforts on missing middle housing. Ms. Reed reviewed the staff report with the Commission. The Commission discussed residential density for commercial property and what changes could be considered. The Commission agreed that 12 units per acre should be allowed if all units are workforce housing units, 2 units per acre is not workforce housing units. They also agreed to increase the restriction of selling workforce housing units at market value from ten years to 30 years. Ms. Reed reviewed missing middle housing with the Commission. She stated that staff would be bringing more information back to the Commission for a recommendation. In addition, she noted that staff would be initiating Public Input Matters meetings to receive input from residents on this and other key subjects. The Committee received this as information. There being no further business, the meeting adjourned at 7:57 pm. Submitted by, L. Lynes PlanComsn08242022