Planning Commission

Town of Summerville Planning Commission The public and Town Council members are invited to attend July 16, 2018 – 4:00 PM Summerville Town Hall, Council Chambers 200 S. Main Street, Summerville, SC For additional information regarding items on this agenda including any public hearings, please contact the Planning Department at 843.851.5200. Applications and related documents for this meeting are available for review at any time at www.summervillesc.gov, Public Notices; and, in the Planning Department during regular business hours, Monday– Friday, 8:30–5:00 excluding Town of Summerville holidays. I. APPROVAL OF MINUTES: 1. Approval of minutes from meeting on June 18, 2018. II. PUBLIC HEARINGS: (public hearing signs posted beginning on 06.29.18 with notice in Post & Courier on 07.01.18) 1. Petition by Town of Summerville to annex a portion of N. Maple Street right‐of‐way, known as Tract 2A and a portion of Bear Island Road right‐of‐way, known as tract BI Tract 1. 2. Request to rezone TMS# 137-05-04-002, 700 Central Avenue, approximately 0.38 acres, and owned by Upper Crust Holdings, LLC from B-2, Neighborhood Business Center, to R-5, Mixed Residential. (Council District 1) 3. Proposed road name change to section of Holiday Drive from N. Main Street to N. Maple Street/Nexton Parkway. III. OLD BUSINESS: IV. NEW BUSINESS: 1. New Street Names (as needed) Millhouse Drive - Proposed road name change to section of Holiday Drive from N. Main Street to N. Maple Street/Nexton Parkway. 2. Petition by Town of Summerville to annex a portion of N. Maple Street right‐of‐way, known as Tract 2A and a portion of Bear Island Road right‐of‐way, known as tract BI Tract 1. 3. Request to rezone TMS# 137-05-04-002, 700 Central Avenue, approximately 0.38 acres, and owned by Upper Crust Holdings, LLC from B-2, Neighborhood Business Center, to R-5, Mixed Residential. (Council District 1) V. UDO WORKSHOP: 1. Discussion of revisions to the complete draft of the Unified Development Ordinance (UDO) and proposed zoning map. VI. MISCELLANEOUS: VII. ADJOURNMENT: ____________________________________ Chairman or Vice Chairman Posted July 9, 2018  The Town of Summerville Planning Commission Meeting Minutes June 18, 2018 This meeting of the Town of Summerville Planning Commission was attended by Commission Members, Jim Reaves, Chairman; Elaine Segelken; Charlie Cuzzell; Will Rogan; Margie Pizarro; and Sarah Bares. Staff in attendance included Jessi Shuler, AICP, Director of Planning and Meredith Detsch, Town Planner. Jim Reaves, Chairman, called the meeting to order at 5:30 PM. Approval of Minutes: The Chairman called for a motion for the approval of the minutes from the meeting on May 21, 2018. Ms. Segelken made a motion to approve the minutes as presented with Dr. Bares making the second. Following no discussion the motion carried. Public Hearings: The first public hearing opened at 5:31 PM and was for the Unified Development Ordinance (UDO) proposed to repeal and replace in its entirety Town Code, Chapter 32, Zoning; Chapter 22, Stormwater Management; Chapter 20, Article II, Planning Commission and Article III, Development Standards, Section 20-71, Roads; and Chapter 6, Article III, Flood Damage Prevention. Mr. Reaves introduced the request. Ms. Shuler provided a brief overview of the public input process for the UDO and the major changes that had been made to the original draft based upon concerns raised by the public. Mr. Reaves then opened the floor to public comment. The following people spoke: Edward Tupper spoke on behalf of the Greater Summerville Dorchester Chamber of Commerce. He explained that the Chamber had organized and hosted a facilitated discussion on the UDO with David McNair of the McNair Group leading the discussion. He presented the results of the discussion participants and provided recommendations from the group discussion. These recommendations focused primarily on the form-based requirements, design guidelines, and the role of the appointed Boards. The recommendations did include support for approving the UDO, but having an evaluation period of one year with an appointed small working group to evaluate the impacts and recommend any changes during that time. An additional recommendation was to initiate a livability review committee, which could be the same as the evaluation group. Robert Pratt of 423 Sumter Avenue expressed concerns about the two story height requirement in the Downtown Mixed Use district, although he acknowledged the benefit of multi-story buildings to the tax base. He pointed out that the same look and design could be achieved with a one story building without putting such a burden on the property owner. John Hayes of 319 Dupont Way stressed that the proposed UDO placed an overreliance on civil and design engineers and was partial to developers and homebuilders. He asserted that the draft needed more standards, such as using dirt to elevate houses and increasing pervious materials. Mr. Hayes also expressed his concern about flooding due to climate change and suggested that elevation requirements be based on future predictions not past data. Rutherford Smith of 205 S. Hickory Street stated that he did not support the approval of the document based on three reasons, both conceptual and practical. First, he noted that zoning is allowed as a police power, which addresses public health and safety; however, the proposed UDO is based on form. Second, Mr. Smith remarked that the language in the UDO was overly broad and doesn’t let citizens know what is expected, citing three specific sections – 1.5, 1.6, and 1.9.1. Third, he declared his dislike of the new name designations for the zoning categories, as he felt they would cause confusion. Dennis Ashley of 128 S. Main Street described how lots of 70 feet in width or less in the Downtown area would not be able to have access to rear parking while still meeting the other form-based requirements, which would create a lot of variances as there are a number of small lots in that area. He also detailed his concerns about the design guidelines and provided a handout suggesting revisions that would base the design guidelines on different distinct areas of town and more reflect Summerville. John Mott of 244B Luden Drive admitted that he had not had a chance to read the proposed draft, but hoped that it included bike parking in commercial areas, preferably covered bike parking. Bill Beauchene of 919 W. Richardson Avenue stated that he agreed with the comments of Mr. Smith and Mr. Ashley. More specifically, he declared that he opposed the rezoning of his property on W. Richardson to mixed use as he felt it would negatively affect his property value and limit the uses allowed. Mr. Beauchene also remarked that he believed the design standards are overly restrictive. Linda Saylor-Marchant of 410 Bryan Street questioned the impact that the UDO would have on the Brownsville area, and specifically if it would allow more businesses in that area. Alessa Bertoluzzi of 825 W. Richardson Avenue expressed her opposition to the rezoning of her property to Neighborhood-Mixed Use from B-3, as her property has been an automobile garage and repair shop for many years. She is concerned about the limits that would be placed on her property and would like for it to remain zoned B-3. Vivian Lang of 220 Challedon Drive complained about not being able to find her property on the proposed zoning map online. She noted that she was worried about traffic and water run-off from new homes. Ms. Lang explained that she had read the nonconformity section of the proposed ordinance and felt that it was too vague. Dora Ann Reaves of 557 Simmons Avenue detailed her concerns about the design guidelines of the UDO resulting in everything looking alike. She described how her own home would not meet many of the requirements and that she values the uniqueness of her neighborhood. Ms. Reaves also questioned why the prohibition of the sale of cigarettes to minors would be included in a development ordinance. Alfreda Sotomayor of 118 Barshay Drive asserted her displeasure at the proposal to prohibit new mobile homes in the Brownsville area. Clifford Gibbs of 918 W. 5th North Street denounced the light industrial zoning of the property at the corner of Highway 78 and N. Maple Street adjacent to his home and questioned the allowance of a gas station on that property. Bob Whiteford of 110 Eastover Circle asked what the properties at the front of the South Pointe subdivision were proposed to be zoned in the UDO. Ms. Shuler explained that those properties were not currently in the town limits; however, that would have to be annexed to get access to sewer, and they would be zoned at the time of annexation. Tony Slice expressed his concern that the proposed ordinance is only for a certain class of people. He stated that he is a builder and more and more rules pushed the cost upward. Hearing no further public comment this public hearing was closed at 6:33 PM. The second public hearing opened at 6:33 PM and was for the petition by Thomas A. Limehouse to annex Dorchester County TMS# 129-06-13-005 (approximately 0.23 acres) located on Renau Boulevard, currently zoned R-1(M) Single-Family Residential Manufactured Housing in Dorchester County and will be zoned PUD Planned Development District upon annexation into the Town of Summerville’s municipal limits and the existing PUD for Pine Forest Country Club shall be amended to include this parcel for use as detached single family. Mr. Reaves introduced the request. Hearing no public comment this public hearing was closed at 6:34 PM. The third public hearing opened at 6:35 PM and was for the petition by Homebuyers SC, LLC to annex Dorchester County TMS# 136-12-03-017 (approximately 0.39 acres) located at 104 Pinewood Drive, currently zoned R-2 Single-Family Residential in Dorchester County and will be zoned R-2 Single- Family Residential upon annexation into the Town of Summerville’s municipal limits. Mr. Reaves introduced the request. Ms. Shuler explained that the properties on Pinewood Drive were annexing in order to gain access to public sewer from SCPW. Hearing no public comment this public hearing was closed at 6:35 PM. The fourth public hearing opened at 6:36 PM and was for the petition by Homebuyers SC, LLC to annex Dorchester County TMS# 136-12-03-016 (approximately 0.46 acres) located at 106 Pinewood Drive, currently zoned R-2 Single-Family Residential in Dorchester County and will be zoned R-2 Single- Family Residential upon annexation into the Town of Summerville’s municipal limits. Mr. Reaves introduced the request. Hearing no public comment this public hearing was closed at 6:36 PM. The fifth public hearing opened at 6:36 PM and was for the petition by Homebuyers SC, LLC to annex Dorchester County TMS# 136-12-03-018 (approximately 0.45 acres) located at 108 Pinewood Drive, currently zoned R-2 Single-Family Residential in Dorchester County and will be zoned R-2 Single- Family Residential upon annexation into the Town of Summerville’s municipal limits. Mr. Reaves introduced the request. Hearing no public comment this public hearing was closed at 6:37 PM. Old Business There were no items under Old Business. New Business: The first item under New Business was New Street Names (as applicable). Ms. Shuler stated that staff did not have any names for approval at this time. The second item under New Business was the Unified Development Ordinance (UDO) proposed to repeal and replace in its entirety Town Code, Chapter 32, Zoning; Chapter 22, Stormwater Management; Chapter 20, Article II, Planning Commission and Article III, Development Standards, Section 20-71, Roads; and Chapter 6, Article III, Flood Damage Prevention. Dr. Bares made a motion to divide the question and discuss the chapters individually, and Ms. Segelken made the second. Mr. Cuzzell stated that he believed it would be difficult to discuss each chapter separately because they are integrated, but that more work was needed on the document. Dr. Bares stated that she would withdraw her motion, and Ms. Segelken stated the same for her second. Mr. Cuzzell then made a motion to keep the proposed UDO draft with the Planning Commission for further discussion and work, and Ms. Pizarro made the second. Mr. Rogan agreed with Mr. Cuzzell and noted that he had concerns about some of the issues raised by the public, such as the form-based requirements in the D-MX district and the design guidelines. He did emphasize that this is a big document that needs further improvement, but the existing ordinance is even more confusing. Dr. Bares observed that most of the public comments related to property rights issues. Ms. Segelken remarked that the readability of the draft also needed to be addressed. Mr. Cuzzell asked for the question to be called. Mr. Reaves called for a vote on Mr. Cuzzell’s request, which passed unanimously. Mr. Reaves then called for the vote on Mr. Cuzzell’s motion to keep the UDO draft with the Planning Commission for further revisions. The motion passed unanimously. The third item under New Business was the petition by Thomas A. Limehouse to annex Dorchester County TMS# 129-06-13-005 (approximately 0.23 acres) located on Renau Boulevard, currently zoned R-1(M) Single-Family Residential Manufactured Housing in Dorchester County and will be zoned PUD Planned Development District upon annexation into the Town of Summerville’s municipal limits and the existing PUD for Pine Forest Country Club shall be amended to include this parcel for use as detached single family. Mr. Cuzzell made a motion to recommend annexation to Town Council, and Ms. Segelken made the second. The motion passed unanimously. The fourth item under New Business was the petition by Homebuyers SC, LLC to annex Dorchester County TMS# 136-12-03-017 (approximately 0.39 acres) located at 104 Pinewood Drive, currently zoned R-2 Single-Family Residential in Dorchester County and will be zoned R-2 Single-Family Residential upon annexation into the Town of Summerville’s municipal limits. Dr. Bares made a motion to recommend annexation to Town Council, and Mr. Cuzzell made the second. The motion passed unanimously. The fifth item under New Business was the petition by Homebuyers SC, LLC to annex Dorchester County TMS# 136-12-03-016 (approximately 0.46 acres) located at 106 Pinewood Drive, currently zoned R-2 Single-Family Residential in Dorchester County and will be zoned R-2 Single-Family Residential upon annexation into the Town of Summerville’s municipal limits. Mr. Cuzzell made a motion to recommend annexation to Town Council, and Dr. Bares made the second. The motion passed unanimously. The sixth item under New Business was the petition by Homebuyers SC, LLC to annex Dorchester County TMS# 136-12-03-018 (approximately 0.45 acres) located at 108 Pinewood Drive, currently zoned R-2 Single-Family Residential in Dorchester County and will be zoned R-2 Single-Family Residential upon annexation into the Town of Summerville’s municipal limits. Mr. Rogan made a motion to recommend annexation to Town Council, and Ms. Pizarro made the second. The motion passed unanimously. Miscellaneous: There were no items under Miscellaneous. Adjourn With no further business for the Commission, Ms. Segelken made a motion to adjourn with Mr. Cuzzell making the second, and Mr. Reaves adjourned the meeting at 6:48 PM. Respectfully Submitted, Jessi Shuler, AICP Date: __________________________ Director of Planning Approved: _________________________________________________ Jim Reaves, Chairman or Elaine Segelken, Vice Chairman  ANEXATION REQUEST, REZONING REQUEST, & ROAD NAME CHANGE STAFF REPORT PLANNING COMMISSION July 16, 2018 TMS#: Tract 2A (N. Maple St. ROW) & BI Tract 1 (Bear Island Rd. ROW) Location: N. Maple Street Extension & Bear Island Road connection Description: two tracts totaling approximately 8.33 acres Request: Annexation Tract 2A is a portion of the new North Maple Street right-of-way that the Town now owns and maintains; however, this section is not currently a part of the Town limits. BI Tract 1 is the final right-of-way section of the Bear Island Road that will connect to N. Maple Street once it is completed. This is also owned and will be maintained by the Town. TMS#s: 137-05-04-002 Location: 700 Central Avenue Description: one lot totaling approximately 0.38 acres Request: Rezoning to R-5 from B-2 The applicant, Frank Dreyer (on behalf of the owner), is requesting that the above referenced parcel be rezoned from B-2, Neighborhood Business Center, to R-5, Mixed Residential. This property is included in the Town’s ‘Village District’ area as identified within the Town’s 2009- 2011 Comprehensive Plan and Update as well as on the accompanying Future Land Use Map. The Village District is intended to preserve residential land uses while promoting the enhancement of residential community character. The primary land use is single-family residential housing with an average density of 1 to 4 dwelling units per acre with small commercial land uses dispersed along Central Avenue. The proposed R-5 zoning as stated on the application for this site does not specifically fall within the description of land uses recommended for the Village District as approved by the Planning Commission and Town Council; however, the applicant is proposing to convert the property into a homeless shelter for women and children. Homeless shelters are not specifically covered in the Town’s Comprehensive Plan or Zoning Ordinance. The R-5 zoning allows for group homes, which a homeless shelter would fall under based on the definition of a group dwelling in the Zoning Ordinance. The adjacent property in the Town (704 Central Ave.) is an assisted living facility, and just down the street is an apartment complex, so while the proposed zoning is not found in the immediate vicinity (there is R-5 zoning two blocks down), some of the uses nearby are not entirely dissimilar. Location: Holiday Drive from N. Main Street to N. Maple Street/Nexton Parkway Description: Right-of-way Request: Road name change to Millhouse Drive Staff had originally proposed to change the name of the section of Holiday Drive within the Weatherstone subdivision; however, given the overwhelming negative response from the property owners, staff is now proposing to change the name of the section that runs from N. Main Street to the new section of N. Maple Street/Nexton Parkway. The suggested name of Millhouse Drive is in honor of Tillman Millhouse, Jr., who was the first black Highway Patrol Trooper in Lower South Carolina and was born and raised in Summerville.  ORDINANCE TO ANNEX TO, AND INCORPORATE WITHIN THE CORPORATE LIMITS OF THE TOWN OF SUMMERVILLE, THOSE AREAS OWNED BY AND MAINTAINED BY THE TOWN OF SUMMERVILLE (N. MAPLE STREET AND BEAR ISLAND ROAD RIGHT OF WAY), ADJACENT TO THE BOUNDARY LINE OF THE TOWN, AS DESCRIBED BELOW AND BY PREPARED DEEDS AND ACCOMPANYING EXHIBITS ATTACHED HERETO AND INCORPORATED BY REFERENCE: WHEREAS, South Carolina Code of Laws of 1976, as amended, Section 5-3-110 allowing for the annexation by a municipality of a portion of a right of way maintained by the municipality; and, WHEREAS, That a portion of North Maple Street right-of-way and a portion of Bear Island Road right-of-way as described below and on the attached deeds and accompanying Exhibits, currently being maintained by the Town of Summerville: The right of way area, Tract 2A, proposed for annexation as described on the attached deed and accompanying Exhibits A and B describing a portion of North Maple Street conveyed to the Town of Summerville by Berkeley County dated May 17, 2018 and duly recorded with Berkeley County’s ROD Office on May 23, 2018 filed in Deed Book 2751 Page 824, “7.12 acres of land, and to include all culverts and other improvements, permitted or constructed, within the property being conveyed, if any, owned by Berkeley County, and shown as the “Area of Acquisition” on Exhibits A and B, attached hereto and made a part hereof. This being a portion of or the identical properties acquired as follows: from Margaret “Margie” Bell Newcomer and John E. Bell, Jr. by deed dated February 25, 2016 and recorded April 06, 2016 in Deed Book 2146 at page 374; from Rosemary Family Limited Partnership be deed dated February 2, 2016 and recorded February 12, 2016 in Deed Book 2110 at page 347; and a portion of the property from Rosemary Family Limited Partnership by deed dated February 2, 2016 and recorded February 12, 2016 in Deed Book 2110 at page 339, all recorded in the ROD office for Berkeley County.” The right of way area, Tract 1, proposed for annexation as described on the attached deed and accompanying Exhibit A describing a portion of Bear Island Road conveyed to the Town of Summerville by Rosemary Family Limited Partnership dated June 30, 2016 and duly recorded with Berkeley County’s ROD Office on August 19, 2016 filed in Deed Book 2253 Page 785, “all the certain parcel of land containing 52,688.22 square feet of land, more or less, and all improvements thereon, if any, owned by Rosemary Family Limited Partnership, shown as the “Area of Acquisition” on Exhibit A, attached hereto and made a part hereof. This being a portion of the property acquired from Rosemary S. Ward by deed dated December 19, 2012, and recorded December 28, 2012, in Deed Book 9868, Page 5, in the records of the ROD office for Berkeley County and shown as Tax Map No. 220-00-02-019.” NOW, THEREFORE BE IT ORDAINED by the Mayor and Members of Town Council duly assembled; SECTION I. That the described right of ways as described above and on the deeds and accompanying exhibits attached, contiguous to the boundary of the Town of Summerville is hereby annexed to, taken into and made a part of the Town of Summerville. Ratified this day of ____, 2018 A.D. William W. Johnson, Mayor Beth Messervy, Clerk to Council PUBLIC HEARING: July 16, 2018_______________ FIRST READING: June 14, 2018 SECOND READING:  I-2 6 O E I-2 LD 6 D W AI R Y R D I2 6 I2 6 N M AP LE DR N LO ST AY W DR RU ND D IEL LE LA F L N DR DE AY RD LN D DR LI LE PE HO HL N A G HO RT BE O IR INT N HP YR TT O UT LC LA B DR AI CO SO Y V ET A ID DO H OL N YL ER BE A LOW R IS LA ND R KIAW E DR D LA EL CL D RD B LA OV A HC YR VE ER IR S HIR IN TH EB ST Y DR IS L A N VARNFIE LD DR LN BL AV ON DR VIOL U FR GI W BB PAW IP SHE E IN S CK ET DR DR LE PL N P TE R LO OP RO DR AM LIL AC SH DR L D FIE LA DE RD E A GL BE 0 ± 125 250 500 Feet Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community This map is a graphic representation of data obtained from various sources. All efforts have been made to warrant the accuracy of this map; however, the Town of Summerville disclaims all representation and liability for the use of this map. 2018-June (KLF)  WILLIS LN N AT LA T IC S T CHAR N LIE L DRA KE CT A IL DR E PINT ET H L MA L AV E E LN TRA CEN CT AIG CR RD W N TO AN RM GE Rezoning Exhibit PETERS ST showing 137-05-04-002, S AV E Legend CL AS SI C RI NG ST 700 Central Avenue SIM MON to be rezoned WA ST Roads Parcels R-5, Mixed Residential SO N W AY OOLON EL LI µ G LN 137-05-04-002, Rezoning Request PA RK E TA LL O Summerville Zoning RS PAT W ST JES SEN ST AC H B-2 M LIP B-3 AN E AV ST PUD O NS PA R MM R-1 SI KW OO R-2 0 100 200 400 600 800 D Feet DR R-5 GADS DEN ST R-6 SHE PA R D ST July 6, LE 2018LN A Disclaimer: This map is a graphic representation IG of data obtained from various sources. R-7 AB All efforts have been made to warrant the accuracy of this map; however, the Town of Summerville disclaims all representation and liability for the use of this map. PRESIDENT CIR  RD D ISLA N SH EE P Unnamed Section of Road - proposed to name Millhouse Drive DR ON AYL W W AL TO DR N LD PL SI A FIE G EL M D A RUNDLE LN DR Existing Holiday Drive name will remain DR Existing Holiday Drive- proposed to rename to Millhouse Drive AY LID H O LN E H OP N TO C OT C RN BU BA LD D W IE FIEL DR L KF EL T LA OR DE LN ST P U TH DR SO R CI DR AI L AY ET LID O V H O D DELA FIELD I2 DR 6 N ER YL PI NC BEAR KN ISLAN LO D RD W EY M AR SH LN AVON SHIR E DR I2 6 DO N OVA NC T EY C T RIPL CRANS TON LN HOLID AY DR Proposed Renaming of Holiday Drive  outside of the Weatherstone Subdivision MP RA Legend Streets AZALE A SQ UA RE BLVD Town Boundary Parcels N 0 125 250 500 750 1,000 Feet D ISLAN DR SHEE P T Disclaimer: This map is a graphic representation of IN S N MA data obtained from various sources. All efforts RAMP have been made to warrant the accuracy of this map. However, the Town of Summerville disclaims all representation and liability for the use of this map. VA R NF RAM IE August 31, 2016 LD DR DR D WAY AY P RACKA ST AW CK AIN NM RA Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community R