Planning Commission

Town of Summerville Planning Commission The public and Town Council members are invited to attend January 25, 2021 - 4:00 PM VIRTUAL MEETING This meeting will be conducted electronically and livestreamed on the Town’s website: www.summervillesc.gov PUBLIC COMMENT FOR THE PUBLIC HEARING: Citizens can sign up for public comment in one of two ways: 1) Send your comments to planning@summervillesc.gov before 2:30pm on Monday, January 25, 2021. Please include your name and address. You will receive a confirmation email once your submission has been received. Your email will be read aloud by the Director of Planning during the public hearing. Please note that your submission in its entirety is public record, subject to the Freedom of Information Act. 2) Send an email to planning@summervillesc.gov before 2:30pm on Monday, January 25, 2021 to register to speak from your phone during the public hearing. Please include your name and address. A confirmation email will be sent to you with the link and/or phone number to use. Participants will be called on individually by the meeting host to speak. Please note that you are being recorded and livestreamed to the public. For additional information regarding items on this agenda including any public hearings, please contact the Planning Department at planning@summervillesc.gov or 843.851.4217. Applications and related documents for this meeting are available for review at any time at www.summervillesc.gov/AgendaCenter I. APPROVAL OF MINUTES, ELECTION OF OFFICERS, AND CODE OF ETHICS AND CONDUCT: 1. Approval of minutes from meeting on November 16, 2020. 2. Election of Chairman and Vice Chairman II. PUBLIC HEARINGS: (public hearing signs posted on properties beginning on 01.08.21 and with notice in Post & Courier on 01.10.21) 1. Petition by Philip A. Berlinsky to annex Dorchester Co. TMS#s 153-00-00-012, -013, and -032, located off of Ridge Road and Samuels Ln. and totaling approximately 35.82 acres. Currently zoned R-4 Multi-Family Residential in Dorchester County and will be zoned MF-R, Multi-Family Residential, upon annexation into the Town of Summerville’s municipal limits. (Council District 5)  2. Request to rezone a portion of TMS#137-09-01-016 (to be subdivided), located on Central Avenue, approximately 2.98 acres, and owned by 725 Central LLC, from PUD, Planned Development District, to MF-R, Multi-Family Residential. (Council District 1) 3. Request to rezone TMS#145-07-05-057, located on Miles-Jamison Road, approximately 4.59 acres, and owned by Diana T. Davis, from PUD, Planned Development District, to MF-R, Multi-Family Residential. (Council District 3) 4. Petition by Diana T. Davis to annex TMS#145-07-05-056, located at the corner of Miles-Jamison Road and Pebbles Lane and totaling approximately 0.55 acres. Currently zoned R-1, Single Family Residential in Dorchester County and will be zoned MF-R, Multi-Family Residential upon annexation into the Town of Summerville’s municipal limits. (Council District 3) 5. Petition by Julius W. and Andrea T. Bean to annex TMS#145-07-05-054, located at the 507 Miles-Jamison Road and totaling approximately 1.57 acres. Currently zoned TRM, Transitional Residential District in Dorchester County and will be zoned MF- R, Multi-Family Residential upon annexation into the Town of Summerville’s municipal limits. (Council District 3) 6. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 2, Section 2.3.6.A, Encroachments and Chapter 11, Section 11.11.3.G, Criminal Penalties III. OLD BUSINESS: IV. NEW BUSINESS: 1. New Street Names (as needed) 2. Petition by Philip A. Berlinsky to annex Dorchester Co. TMS#s 153-00-00-012, -013, and -032, located off of Ridge Road and Samuels Ln. and totaling approximately 35.82 acres. Currently zoned R-4 Multi-Family Residential in Dorchester County and will be zoned MF-R, Multi-Family Residential, upon annexation into the Town of Summerville’s municipal limits. (Council District 5) 3. Request to rezone a portion of TMS#137-09-01-016 (to be subdivided), located on Central Avenue, approximately 2.98 acres, and owned by 725 Central LLC, from PUD, Planned Development District, to MF-R, Multi-Family Residential. (Council District 1) 4. Request to rezone TMS#145-07-05-057, located on Miles-Jamison Road, approximately 4.59 acres, and owned by Diana T. Davis, from PUD, Planned Development District, to MF-R, Multi-Family Residential. (Council District 3)  5. Petition by Diana T. Davis to annex TMS#145-07-05-056, located at the corner of Miles-Jamison Road and Pebbles Lane and totaling approximately 0.55 acres. Currently zoned R-1, Single Family Residential in Dorchester County and will be zoned MF-R, Multi-Family Residential upon annexation into the Town of Summerville’s municipal limits. (Council District 3) 6. Petition by Julius W. and Andrea T. Bean to annex TMS#145-07-05-054, located at the 507 Miles-Jamison Road and totaling approximately 1.57 acres. Currently zoned TRM, Transitional Residential District in Dorchester County and will be zoned MF- R, Multi-Family Residential upon annexation into the Town of Summerville’s municipal limits. (Council District 3) 7. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 2, Section 2.3.6.A, Encroachments and Chapter 11, Section 11.11.3.G, Criminal Penalties V. MISCELLANEOUS: VI. ADJOURNMENT: ____________________________________ Chairman or Vice Chairman Posted January 15, 2021  The Town of Summerville Planning Commission Meeting Minutes November 16, 2020 This meeting of the Town of Summerville Planning Commission was held virtually via the Zoom Cloud Meeting Application and was attended by Commission Members, Jim Reaves, Chairman; Kevin Carroll; Charlie Stoudenmire; Betty Profit; Jonathan Lee; Tom Hart; and Elaine Segelken. Staff in attendance included Jessi Shuler, AICP, Director of Planning. The public viewed the meeting via live-stream and could register to participant in the public hearing or submit any comments in advance of the meeting through email or by phone. Jim Reaves, Chairman, called the meeting to order at 4:00 PM. Approval of Minutes: The Chairman asked if there were any edits or additions to the minutes from the meeting on October 19, 2020. Hearing none, the minutes were accepted as presented. Public Hearings: The first public hearing opened at 4:01 PM and was for the request to rezone TMS#s 137-02-07-012 and 137-02-07-006, located at 108 and 110 N. Palmetto Street, approximately 0.51 acres each, and owned by Justin L. and Lyndy E. Carpenter (108) and Justin and Lyndy Carpenter and Paul and Deborah Gallagher (110) from GR-2, General Residential, to GR-5, General Residential (Council District 1). Mr. Reaves introduced the item and asked the applicant to present their request. Mr. Carpenter explained his family’s intent with the rezoning. He noted that they planned to subdivide the 110 property and combine a portion of it with their property at 108. The remainder of the property would be for his in-laws to build their home. Ms. Shuler stated that she had not received any emails or requests to speak on this matter; however, she had spoken to a few of the neighbors in person and by phone, and none had any reservations about the request as applied. Hearing no requests from the public to offer any comments and receiving no emails for public comment, this public hearing was closed at 4:04 PM. Old Business The first item under Old Business on the agenda was the petition by South Pointe Ventures, A South Carolina General Partnership, to annex Dorchester County TMS# 138-00-00-015, approximately 15.7 acres, located at South Pointe Boulevard and E. 5th North Street; currently zoned TRM, Transitional Residential District, in Dorchester County, and will be zoned MF-R, Multi-family Residential, upon annexation into the Town of Summerville’s municipal limits. (Council District 2). Ms. Shuler announced that the applicant emailed her earlier that day and requested to withdraw their application for annexation. Mr. Carroll asked about the process if annexation was requested again, and Ms. Shuler explained that it would have to start at the beginning and go through the entire process again, so another public hearing would be held, which would have to be advertised and posted. Ms. Richerson, one of the representatives from the South Pointe neighborhood asked if the developer noted their future plans for the property. Ms. Shuler responded that the applicant had not provided any further information on any future plans for the property. New Business: The first item under New Business was New Street Names. Ms. Shuler provided the site plan for the Solis Nexton property and explained that addressing for apartments requires that the interior apartment road(s) be named to allow a unique address numeral for each individual apartment. She stated that this development needed one or two street names and provided three possible options for each one. Mr. Lee made a motion to approve New Canopy Lane and Old Heartwood Way, and Mr. Carroll made the second. The motion passed unanimously. The second item under New Business was the request to rezone TMS#s 137-02-07-012 and 137-02-07- 006, located at 108 and 110 N. Palmetto Street, approximately 0.51 acres each, and owned by Justin L. and Lyndy E. Carpenter (108) and Justin and Lyndy Carpenter and Paul and Deborah Gallagher (110) from GR-2, General Residential, to GR-5, General Residential (Council District 1). Mr. Reaves introduced the item for consideration, and asked for a motion. Mr. Carroll made a motion to recommend approval to Council, and Mr. Lee made the second. Mr. Reaves called for the vote and the motion passed unanimously. Miscellaneous: Ms. Shuler reminded the Commission members about their required training for the year. Adjourn With no further business for the Commission, Mr. Lee made a motion to adjourn with Mr. Hart making the second. The motion carried and the meeting was adjourned at 4:15 PM. Respectfully Submitted, Date: __________________________ Jessi Shuler, AICP Director of Planning Approved: _________________________________________________ Jim Reaves, Chairman or Kevin Carroll, Vice Chairman  ANNEXATION STAFF REPORT PLANNING COMMISSION January 25, 2021 Owner: Philip A. Berlinsky (PAB Beach Investments LLC) TMS#: 153-00-00-012, 013, and 032 Location: Off of Ridge Rd. and Samuels Ln. Description: three parcels, approximately 35.82 acres total, vacant Request: Annexation and zoning to MF-R, Multi-Family Residential The property owner is requesting for the above referenced parcel to be annexed into the Town from Dorchester County. The existing zoning in Dorchester County is R-4, Multi-family residential. This property is included in the Town’s ‘Agricultural Conservation’ area as identified within the Summerville: Our Town, Our Future Comprehensive Plan as well as on the accompanying Future Land Use Map, which includes large natural areas to be preserved for their environmental significance. These properties were a part of a previous lawsuit with the Town that was settled with Mr. Belinsky, and a condition of that agreement was that the Town would allow annexation with the equivalent zoning as the properties have in Dorchester County. MF-R is the Town’s most equivalent zoning to Dorchester County’s R-4 district. A portion of the largest property (012) does fall within the floodway of the Sawmill Branch Canal, so no development can take place within that area, and Summerville CPW has issued a letter allowing up to 150 taps. Although the proposed zoning does not meet the Town’s Future Land Use Plan, given the extenuating circumstances and the fact that the property is zoned the equivalent zoning in Dorchester County, annexation and zoning to MF-R is recommended for approval.  H O L LYS T L A N JE G L E D IL YD N R A MGWO O R DD W ARD SL F O S TERS N T B A R B C LD O E N L R C O N E C A HS SB E T K V S R E R E N F ID M D O G A R ER RL DD T D NC T R S N C H O O RC PERS T O T LE S W AL O F R H O P EWE LLD R S AW J E A N E T M IL TED W LD R R E D G EFIE LDD R P IP E STO C RE N S TW ED O ODD EE R R D G K IRK SEYD E R FIE LDD R S A A BLSM A IR C M U ELSL N M EDF O R DDR C IR R ID S C L G S ED A R ER P H L IN T D A EL E B D L R Y A YL T N SL H EA DL N O N W E VE N N SC IR A nnex atio nandZ onin gtoM F-R A nne xatio nRe q u est G R-5 M F-R Z onin g M H-R A C 2021 N -R D isclaimer:T hismapisagrap hicrep resentationo fdataob tainedfro m vario usso urces. Allefforts -B G hav eb eenm adetow arran tth eaccu racyo f thismap;ho w ev eT er,th owno fSummervilled isclaimsall P L rep resentatio nan dliab ilityfortheu seo f thism ap . G R-2 P U D 0 0.1 0.2 M i C oord inateS ystem :WG S1984W ebM ercato rAu xiliaryS p h ere  REZONING STAFF REPORT PLANNING COMMISSION January 25, 2021 TMS#: portion of 137-09-01-016 Location: portion of 725 Central Ave. Description: approximately 2.98 acres being subdivided out Request: Rezoning to MF-R, Multi-Family Residential from PUD The property owner is requesting that a portion of the above referenced parcel be rezoned to allow for development of that portion of the property to be subdivided. This property is included in the Town’s ‘Multi-Family Residential’ District within the Summerville: Our Town, Our Future Comprehensive Plan as well as on the accompanying Future Land Use Map. The Multi-Family designation is intended to provide areas to accommodate population growth with increased density in targeted areas of the Town. These areas would typically have at least 12 units per acre. The existing land use on 725 Central Avenue is an apartment complex, which was approved originally as an R-4 planned residential development back in 1985. The Town’s R-4 zoning was all changed to PUD back in 2006, when the R-4 district was repealed and replaced with the PUD district. Amending the PUD to allow additional development would require that the PUD become mixed-use. The applicant does not wish to add commercial development, but would like to add additional residential units, hence the request for the MF-R zoning. Depending on the applicant’s proposed plan for the property, A traffic impact analysis (TIA) may be required in the future, but none is needed at this time. The proposed development will have to go through the Town’s DRB as well. Based on this information, the proposed rezoning to MF-R is determined to be in conformance with the Town’s Comprehensive Plan and is recommended for approval.  E V R LA A ENT C S IM M O N SA V D E R N O W N T MA ER G R ezonin gtoM F-R R ezo nin gRe q u est G R-5 M F-R Z onin g N -B A C 2021 P U D D isclaimer:T hismapisagrap hicrep resentationo fdataob tainedfro m vario usso urces. Allefforts R G-2 hav eb eenm adetow arran tth eaccu racyo f thismap;ho ev w er,th eT owno fSummervilled isclaimsall rep resentatio nan dliab ilityfortheu seo f thism ap . 0 0.1 0.2 M i C oord inateS ystem :WG S1984W ebM ercato rAu xiliaryS p h ere  ANNEXATION AND REZONING STAFF REPORT PLANNING COMMISSION January 25, 2021 TMS#s: 145-07-05-054 and 056 (Annexation) and 145-07-05-057 (Rezoning) Location: Miles-Jamison Rd. and Pebbles Ln. Description: three parcels, approximately 15.7 acres Request: Annexation and zoning to MF-R, Multi-Family Residential Reason for request (from applicant): “To allow for a multifamily development. All 3 parcels (2 to be annexed) would be combined to 1 apartment community.” The property owner is requesting for parcels 054 and 056 to be annexed into the Town from Dorchester County, and parcel 057 to be rezoned from PUD to MF-R. The existing zoning in Dorchester County for the two properties to be annexed is R-1, Single-Family Residential (056) and TRM, Transitional Residential District (054). These properties are included in the Town’s ‘Single-Family Residential’ District within the Summerville: Our Town, Our Future Comprehensive Plan as well as on the accompanying Future Land Use (FLU) Map. The Single-Family Residential designation includes detached single-family residential properties with a typical density of 2-5 units per acre. Although the requested MF-R zoning does not appear to be in line with the Town’s Future Land Use plan, the Housing and Neighborhoods element of the Comprehensive Plan does include the following recommendation: “Encourage housing diversity (i.e. single-family homes, townhouses, and apartments or condominiums) at the block and neighborhood levels that allow for down-sizing within the local area.” Based on the conceptual site plan submitted, the applicant is proposing to build deed restricted 55+ apartments, which would help provide diversity in this area of town to allow aging in place. A traffic impact analysis (TIA) will be required in the future, but none is needed at this time. The proposed development will have to go through the Town’s DRB as well. The rezoning and annexation of these properties would not constitute an approval of the proposed site plan for this property, as that review is subject to the Town’s Design Review Board (DRB), Tree Protection Board (TPB), and staff review of zoning, stormwater, and building code requirements. While the requests do not specifically meet the FLU map, the proposal for an affordable senior apartment complex does meet the recommendation to provide a diversity of housing options within areas of Town to allow aging in place.  CT VE I L O E A T N U YR R ER YB A B R T ED C HE G O W IN T T N U D B NR A G A T H TC A G IF W S P EBB LESL N 1 4 45-0 7 7-0 -05 5-0 05 77 M IL E S -JAMIS O NR D 1 44 55 -0 -07 7 -05 5 --0 0 55 66 1 4 45-0 - 7 7-0 05 --0 5 54 D YR IT D E N WE E U M SL O M N N C AL D IN L Z on gT in MS C A R G-5 e B a D a v n nAn n isA e x n a x e tio a n n tio ez R on g& in An nex atio ntoM F-R 2021 D isclaimer:T hismapisagrap hicrep resentationo fdataob tainedfro m vario usso urces. Allefforts P U D D avisR ezo nin g hav eb eenm adetow arran eaccu tth racyo f thismap;ho w ever,th eT owno fSummervilled isclaimsall rep resentatio nan dliab ilityfortheu seo f thism ap . 0 0.1 0.2 M i C oord inateS ystem :WG S1984W ebM ercato rAu xiliaryS p h ere  CIVIL ENGINEERS - SURVEYORS - LANDSCAPE ARCHITECTS PARKING DATA: www.sitedesign-inc.com SENIOR LIVING- 1 SPACE PER UNIT (90 UNITS = 90 SPACES) 225 ROCKY CREEK RD TOTAL REQ'D: 90 SPACES GREENVILLE, SC 29615 PH: (864)271-0496 TOTAL PROVIDED: 95 SPACES FAX: (864)271-0402 SITE * SITE DATA: PIN: 145-07-05-057 & 145-07-05-056 15' B UFF TOTAL SITE = 5.27AC (XX,XXX SF) EX TREES ER ZONING - TO BE REZONED TO MF-R TO REMAIN SETBACKS FRONT - 0' SIDE - 0' REAR - 0' EX TREES EX TREES TO REMAIN TO REMAIN REQUIRED 15' BUFFER AROUND ENTIRE SITE DETENTION GARDEN PLOT MAX COVERAGE - 65% OF SITE POND REQ'D OPEN SPACE/PARK SPACE - 10%/15% FFER GAZEBO 15' BU PEBBLES LANE TO BE NT EM IMPROVED(24' WIDE) TO E EA THIS ENTRANCE S SS /EG RE SS GR E 20 ' IN R ACCESSIBLE FF ROUTE TO PRO E AMENITIES 3-ST POSED BU ORY 15' 90 U BLDG NITS COVERED ENTRANCE BICYCLE PARKING SOME TREE CLEARING WILL BE REQUIRED FOR SIGHT DISTANCE PROVIDE 5' CONC SIDEWALK ALONG MILES JAMISON RD Know what'sbelow. Call before you dig.  UDO AMENDMENT STAFF REPORT PLANNING COMMISSION January 25, 2021 Description: Amendment of Chapter 2, Section 2.3.6.A and Chapter 11, Section 11.11.3.G Reason for request: The requested amendments were made by staff at the behest of the Board of Architectural Review (BAR) in regards to fences on corner lots and at the behest of the Town Attorney to correct the court reference. The language added to Section 2.3.6.A provides greater protection for interior properties that are adjacent to corner properties and the graphic clarifies the text addition. The change to Section 11.11.3.G is simply a correction for an incorrect reference to magistrate’s court.  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE TO PROVIDE FOR CHANGES TO CHAPTER 2, SECTION 2.3.6.A; CHAPTER 11, SECTION 11.11.3.G, CRIMINAL PENALTIES, OF THE TOWN OF SUMMERVILLE CODE OF ORDINANCES BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that Chapter 2, Section 2.3.6.A; Chapter 11, Section 11.11.3.G, Criminal Penalties, of the Summerville Unified Development Ordinance is hereby amended as follows: Chapter 2 Section 2.3.6.A – Encroachments Subsection A will be changed to read as follows and the accompanying graphic will be added: “Walls, or fences may encroach within minimum required setbacks up to the property lines. Encroaching non- opaque fences in the front yard and street side/rear yard (on corner lots) shall be no greater than 4.5 feet in height. Encroaching walls and/or opaque fences in the front yard and street side/rear yard (on corner lots) shall be no greater than 3 feet in height. ” Chapter 11 Section 11.11.3.G – Criminal penalties The word “magistrate’s” will be replaced with the word “municipal.” Ratified this day of , 2021 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: _____________ FIRST READING: __________________ SECOND READING: ___________________