Planning Committee

TOWN OF MOUNT PLEASANT, SOUTH CAROLINA PLANNING & DEVELOPMENT COMMITTEE DECEMBER 3, 2018 MINUTES Municipal Complex, Committee Meeting Room Present: Joe Bustos, Chair, Bob Brimmer, Guang Ming Whitley. Absent: Tom O'Rourke. Staff: Eric DeMoura, Christiane Farrell, Jeff Ulma, Michele Canon, Kevin Mitchell Mr. Bustos called the meeting to order at 12:55 pm. 1. Approval of Minutes from the November 5, 2018 meeting Mr. Brimmer moved for approval of the minutes. Ms. Whitley seconded the motion. Motion passed. 2. Public Comments There being no comments, Mr. Bustos continued with the agenda. 3. Old Business a. R-25-18, Off Billy Swails Blvd, between Crystal Drive and Yough Hall Road, TMS #578-00-00-128, -129, -167, -168, -217. Amend the Coaxum Tract PD- CD, Planned Development-Conservation Design District, to adopt the planned development district zoning map. Mr. Ulma reviewed the request with the Committee. Ms. Betty Niermann, Seamon, Whiteside, and Associates, stated that the ordinance specifically states to reserve the areas for the right-of-way and the development guidelines note the concern of the adjacent neighbors and read this for the Committee. She stated that the map was developed within the guideline and ordinance requirements. Mr. Brimmer asked if a different developer would be responsible for improving the right-of-way. Ms. Niermann answered that the right-of-way would be  Planning Committee December 3, 2018 Page 2 of 10 dedicated to the Town upon final plat approval and improved with the future development. Mr. Brimmer suggested that if interconnectivity is desired then the connection should go to the property line. Ms. Whitley asked about surrounding development. Mr. Ulma answered that there is some connectivity. He stated that if desired, connectivity requirements could be better clarified and required for future developments. Mr. Bustos suggested that the Town desires connectivity and it should be required and be established with new neighborhoods. Ms. Whitley expressed concern with requiring more than what was originally agreed to and approved. Mr. Ulma answered that this was reviewed with legal counsel and it was determined that if desired, it could be required at this time. Mr. Bustos asked if legal information could be required by Town Council. Mr. Pagliarini expressed concern that once dedicated, who would be responsible for improving the road. Mr. Bustos asked if it would be better for the improvement to be required at this time. Mr. Pagliarini answered in the affirmative. Mr. Brimmer moved to recommend to Town Council approval of the request with the condition that the pavement for the connectivity extend to both ends to the property lines as far as possible. Ms. Whitley answered in the affirmative. Motion passed. 4. Annexations a. A-37-18: 789 Bulls Bay Blvd. Request to annex an approximately 1.6 acre tract of land located at 789 Bulls Bay Blvd, identified by TMS No. 632-00- 00-142 and depicted on a plat as lot 62 recorded by Charleston County ROD Office in Plat Book EH, Page 44-45. Mr. Ulma reviewed the request with the Committee. Mr. Brimmer moved to recommend to Town Council approval of the request. Ms. Whitley seconded the motion. Motion passed.  Planning Committee December 3, 2018 Page 3 of 10 b. A-38-18: Boston Grill Road. Request to annex an approximately 7.8 acre tract of land comprised of three parcels located off Boston Grill Road and 1592 Boston Grill Road, identified by TMS No. 577-00-00-086, -318, and - 181 and depicted on plats recorded by Charleston County ROD Office in Plat Book L09, Page 0019, Book L18, Page 0212, and Book CH, Page 210. Mr. Ulma reviewed the request with the Committee. Mr. Brimmer asked if there is a zoning request associated with the annexation. Mr. Ulma answered in the negative and stated that it would be zoned as CC. Mr. Brimmer asked if the zoning would be consistent with the surrounding property. Mr. Ulma answered in the affirmative. Ms. Whitley moved to recommend to Town Council approval of the request. Mr. Brimmer seconded the motion. Motion passed. 5. Review of Planning Commission recommendations from the November 14, 2018 meeting a. 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. Ulma reviewed the request with the Committee. He stated that the Planning Commission recommended approval on a 7 to 1 vote. Mr. Pagliarini stated that the fundamental requirements of state law are not being changed. He stated that this amendment is to better clarify when the extensions can be granted and to clarify that one Board, Commission or body, cannot approve extension of a vested right of an approved plan under the purview of another Board, Commission, or other body. Mr. Brimmer asked what protection the developer has when a change has been made that would “void the vested right”. Mr. Pagliarini answered that the developer has the initial two-year period to exercise their vested right. He stated that zoning and land development regulation changes are done on a broad basis and neighborhood centric as opposed to an individual parcel centric.  Planning Committee December 3, 2018 Page 4 of 10 Ms. Whitley moved to recommend to Town Council approval of the request. Mr. Brimmer seconded the motion. Motion passed. b. Case #: R-27-18, Request to rezone two parcels from CO, Conservation Open Space, to AB, Areawide Business District. Properties to remain in the Boulevard Overlay District (formerly UC-OD), located at 214 Lucas Street / both parcels located between Lucas and Scott Street. TMS No.: 517-16-00- 036 and 517-16-00-055 Mr. Ulma reviewed the request with the Committee. The Planning Commission recommended approval. Ms. Whitley why the property needs to be rezoned. Mr. Ulma answered that the overlay district uses would only be allowed under a commercial zoning. Mr. Justin Luce, owner, stated that the previous owner thought that at the time the property was rezoned to CO, it was an additional use, and not a change of use. He noted that the lot next door is a sewage pump station and suggested that the zoning request would be consistent with the surrounding uses. Mr. Brimmer moved to recommend to Town Council approval of the request. Ms. Whitley seconded the motion. Motion passed. c. Request approval of Updated Impact Assessment and Conceptual Plan for the development known as The Market at Mill Creek, located at the intersection of S.C. Highway 41 and Wood Park Drive. TMS No. 594-05-00- 228 Mr. Ulma reviewed the request with the Committee. The Planning Commission recommended approval. Mr. Brimmer asked if there would be an increase in impervious surface for the site. Mr. Ulma answered that it appears there is no increase in impervious surface.  Planning Committee December 3, 2018 Page 5 of 10 Mr. Brimmer moved to recommend to Town Council approval of the request. Ms. Whitley seconded the motion. Motion passed. d. Request to amend Chapter 156, Zoning Code, pertaining to Telecommunications Towers by adding a new section 156.121 regulating Small Wireless Facilities. Mr. Ulma reviewed the request and asked for deferral in order to address some comments from industry representatives and SCE&G on this issue. The Committee agreed to defer the issue to next month’s meeting. e. Request to amend Chapter 150, Building Regulations, by adding a new section establishing new procedures and guidelines ensuring the protection of property from unmanaged stormwater and construction site sediment while minimizing impacts to existing trees and buffers. These new guidelines shall apply to all properties in the Town of Mount Pleasant on which a single family detached residence is a permitted use. Also proposed is an amendment to Chapter 153, Stormwater Management and Water Quality, by increasing the single family residential National Pollutant Discharge Elimination System (NPDES) Fee from $25 to $225. Mr. Ulma reviewed the request with the Committee. Mr. Mitchell reviewed the proposed procedure with the Committee. Mr. Bustos expressed concern with the fee increase. Mr. Mitchell answered that the $25 fee does not cover the current administrative costs. He stated that the increased fee would better cover the administrative costs for the increased plan review and inspections proposed. Mr. DeMoura stated that more attention is needed in this area. He stated that in addition to the minimum inspections, there are often multiple visits to the site that occur. Mr. Brimmer suggested that this would help in preventing problems and identifying issues prior to the start of construction. He asked if there is a current delay seen with site approvals. Mr. Mitchell answered that this permit would  Planning Committee December 3, 2018 Page 6 of 10 allow for site improvement to begin prior to the issuance of a building permit, and it would improve the relationship with the builder in coordinating with the appropriate contractor. Ms. Whitley moved to recommend to Town Council approval. Mr. Brimmer seconded the motion. Motion passed. 6. Discuss referendum to generate a Preservation Fund for the Town of Mount Pleasant Ms. Whitley stated that she asked for this item be put on the agenda for discussion. She suggested that there are properties that could potentially be bought by the Town for preservation and improvement as open space or green space. She asked that this could be sent forward as a referendum in November 2019 to generate funds. Mr. Bustos asked if this would be a yearly fee similar to a stormwater fee. Ms. Whitley answered in the affirmative and stated that it would be specifically earmarked for preservation. Mr. DeMoura stated that it typically takes approximately five months to have a referendum on a ballot, so if desired, the process would need to start in June 2019. He stated that the content of the referendum question would be critical and would need to be include specific details such as how the funds would be utilized, the exact fee, impact to the operating budget, etc. Mr. Brimmer suggested that this is not the appropriate Committee to review this issue. He suggested that this should be considered by the Finance Committee and through the upcoming budget process. He stated that he is not comfortable with this Committee bringing this forward as it is a finance issue and not a planning issue. Mr. Bustos suggested that this go to full Town Council for discussion and consideration. Ms. Whitley moved to send this issue to Town Council for further discussion. Mr. Bustos seconded the motion.  Planning Committee December 3, 2018 Page 7 of 10 Mr. Brimmer reiterated that this Committee is not the appropriate Committee for this issue. Mr. Bustos called for a vote on the motion. Motion passed. 7. Continued discussion of regulations related to Short-Term Rentals Mr. Patrick Arnold, Executive Director of the Charleston Homebuilders Association, stated that he has some expertise on this issue and is available as a resource in developing an ordinance on this issue. Ms. Maddie Donaldson, 1649 Lauda Drive, stated that she is opposed to regulations that limits the citizens’ ability to utilize their property for short-term rentals. She asked that townhomes and multi-family units should be allowed to have short-term rentals. She suggested that each neighborhood should determine if short-term rentals should be allowed. Mr. Robert Donaldson, 322 Lapwing Lane, asked the Committee to allow short- term rentals in townhome districts. He suggested that short-term rentals provide additional income. He suggested that the homeowner’s association (HOA) should have the authority to dictate whether short-term rentals are allowed. He suggested that having short-term rentals would not affect the number of affordable housing units in the Town. Ms. Alicia Lockwood, 316 Lapwing Lane, expressed concern with prohibiting townhome for short-term rentals. She stated that she has a fee simple lot and suggested that these types of homes should be allowed to have short-term rentals. She suggested that it could be considered discriminatory if not allowed. She stated that she would like to opportunity to supplement her income by having short-term rentals. Ms. Sarah Jacob, 1152 Village Creek Lane, stated that she owns a condominium and suggested that short-term rentals should not be allowed to have short-term rentals. She suggested that there is not enough affordable housing in the Town. She suggested that she would like to know who her neighbors are.  Planning Committee December 3, 2018 Page 8 of 10 Mr. Mark Sanford, 509 King Street, suggested that there is legitimacy in both sides of the equation. He suggested that there should regulations, but those regulations should allow as much opportunity as possible. He suggested that often, a short- term renter is a better tenant than a long-term renter. He agreed that there should be regulations to prevent entire streets or neighborhoods to be bought by investment companies for short-term rentals. Ms. Canon reviewed the request with the Committee. Mr. Bustos asked if those currently having short-term rentals could be “grandfathered” in. Ms. Canon answered that she was not sure, particularly since the Town currently does not regulate whole house short term rentals. She stated that more research and review by legal counsel would be required. Mr. Brimmer stated that he would be comfortable with regulations similar to the City of Charleston. Ms. Whitley stated that off-street parking requirements should be included in the ordinance. She suggested that 20% of the fee could be earmarked for affordable housing. She suggested that a 1% maximum of the number of total dwelling units should be considered. She also suggested that there should be annual safety inspections and the administrative costs should be included in the annual fee. She suggested that there should be resources to adequately enforce the ordinance. Mr. Bustos asked about fire inspections and how much of a burden would this be for the Fire Department. Chief Mixon answered that short-term rental inspections are not included in the National Fire Code. He stated that approximately 5,000 inspections are completed by the Fire Department each year. He stated that these inspections would need to be coordinated with the Inspections Division. He stated that this could mean additional staff. He stated that it would need to be determined if an affidavit would be sufficient or if a physical inspection would be required. He noted that currently for commercial properties, they only inspect the common areas. Mr. Bustos asked if guidelines could be developed that would be included with the affidavit and then have spot inspections. Chief Mixon answered in the affirmative and stated that this could be done if desired. He suggested that it might be beneficial to have an initial inspection required.  Planning Committee December 3, 2018 Page 9 of 10 Mr. Brimmer stated that as discussed at the November Town Council, the specifics on inspections would be further discussed as this process continues. Mr. Bustos suggested that there should be an annual inspection with a business license required. He suggested that there should be a fire inspection. He suggested that townhome and multi-family units should be required to be owner-occupied, while single family units might not be required to be owner-occupied. He suggested that parking should be considered as well. He asked how the accommodations taxes are handled. Mr. Ulma answered that this would be handled by Finance. Ms. Whitley suggested that a percentage of the fee should go to affordable housing and there should be a maximum number of short-term rentals allowed throughout the Town. Mr. Brimmer suggested that short-term rentals of accessory dwelling units (ADUs) should be owner-occupied. He suggested that there should be regular inspections. He suggested that there should be some protection against investment properties. He suggested that there should be compliance with American Disabilities Act (ADA) requirements. He suggested that the Town should not rely on affidavits, but there should be regular inspections. He agreed with Mr. Sanford that the neighborhoods should be protected from investment companies. Mr. Bustos expressed concern with having a percentage maximum and that this could become a burden for areas that do not prohibit short-term rentals. Mr. Arnold suggested that an option to having a maximum number on short-term rentals is to have a de-clustering ordinance that limits the number allowed within an area. Mr. Bustos suggested that the de-clustering should be researched and included in the ordinance. Ms. Whitley expressed concern with de-clustering as it might be difficult to administer. She suggested that a numerical maximum might be a better option.  Planning Committee December 3, 2018 Page 10 of 10 Mr. Sanford suggested that the sharing community is a different concept and operates differently, so this should be kept in mind going forward. He suggested that the property rights should be kept in mind as well when going forward. He suggested that there should be a balance between regulations and property rights. Mr. George Bixler, 144 3rd Avenue, asked that the PowerPoint presentation be made available to the public. He suggested that there are no ADA requirements for residential property. There being no further business, the meeting adjourned at 2:31 pm. Submitted by, L. Lynes PlanComm12032018