Planning Commission

Town of Summerville Planning Commission – Special Meeting March 29, 2021 - 4:00 PM Town Hall, Town Council Chambers The meeting will be live-streamed through the live-streaming link on the Town’s website: www.summervillesc.gov 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. Public that chooses to attend this meeting in person will be required to have their temperature scanned and abide by social distancing requirements. I. PUBLIC HEARINGS: 1. Proposed ordinance to repeal Chapter 11 – Water Management of the Unified Development Ordinance. 2. Proposed ordinance to enact a new ordinance, Chapter 22, Water Management – Flood Damage Prevention and Stormwater Management II. OLD BUSINESS: 1. Proposed ordinance to repeal and replace in its entirety the Unified Development Ordinance adopted on October 10, 2019 as last amended on December 10, 2020 with former 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, as existing upon repeal on October 10, 2019. III. NEW BUSINESS: 1. Proposed ordinance to repeal Chapter 11 – Water Management of the Unified Development Ordinance. 2. Proposed ordinance to enact a new ordinance, Chapter 22, Water Management – Flood Damage Prevention and Stormwater Management IV. MISCELLANEOUS: V. ADJOURNMENT: ____________________________________ Chairman or Vice Chairman Posted March 23, 2021  UNIFIED DEVELOPMENT ORDINANCE (UDO) REPEAL & REPLACE; UDO CHAPTER 11 REPEAL & REPLACE IN TOWN CODE CHAPTER 22 STAFF REPORT PLANNING COMMISSION March 29, 2021 Location: Town-wide Description: Repeal and Replace UDO with prior zoning and land development ordinances; Repeal UDO Chapter 11 and replace with new Town Code Chapter 22 as drafted Town staff has been coordinating with Council members, the Town Boards and Commissions, professional practitioners, and citizens to gain an understanding of the strengths and weaknesses of the Summerville UDO. Staff is in the process of combining the previous zoning and land development ordinances with portions of the UDO to create a document that allows flexibility while still maintaining high quality development and preserving the unique character of Summerville. The ordinance that received first reading from Town Council at their meeting on February 4, 2021 is attached for consideration. The Planning Commission must make a recommendation to deny, approve as written, or approve with suggested amendments. At this point, staff does not have a complete list of proposed amendments but can provide the following information: - The zoning districts, use provisions, and map from the UDO will be carried over into the new document, but certain changes to the district standards for the mixed-use districts will be proposed to provide some additional flexibility. This has not been drafted yet. - The Nonconformities chapter will not be carried over as written, but the previous section on nonconformities will be expanded to address more than just nonconforming uses and to provide staff some additional flexibility with existing properties. - The Water Management chapter of the UDO will be separated from the other zoning and land development regulations and placed in Chapter 22 of the Town Code (these are the items up for public hearing and for consideration under New Business). The only other proposed changes to these regulations is the addition of the Berkeley and Charleston County Flood Insurance Studies, additional allowances within the stream and wetland buffers, and adding back in the required definitions. The ordinance to approve this received first reading from Council at their meeting on March 11, 2021. The proposed changes to the stream and wetland buffers section have been made following first reading and are included in the draft ordinance in red. - The remaining chapters are still under consideration to determine the best course of action. Council will be holding a workshop on March 25, 2021 to discuss further.  AN ORDINANCE TO REPEAL AND REPLACE IN ITS ENTIRETY THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE ADOPTED OCTOBER 10, 2019 AS LAST AMENDED DECEMBER 10, 2020 WITH FORMER TOWN CODE, CHAPTER 32, ZONING; CHAPTER 22, STORMWATER MANAGEMENT; CHAPTER 20, ARTICLE II, PLANNING COMMISSION; AND ARCTICLE III, DEVELOPMENT STANDARDS, SECTION 20-71, ROADS; AND CHAPTER 6, ARTICLE III, FLOOD DAMAGE PREVENTION, AS EXISTING UPON REPEAL ON OCTOBER 10, 2019 BE IT ORDAINED by the Mayor and Council Members of the Town of Summerville, in Council Assembled that the Summerville Unified Municipal Ordinance (UDO) adopted October 10, 2019 and last amended December 10, 2020 be repealed and replaced in its entirety with former 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, as existing upon repeal on October 10, 2019. Ratified this _____ day of ____________, 2021 A.D. ______________________________ Ricky Waring, Mayor _______________________________ Beth Messervy, Town Clerk PUBLIC HEARING: ________________ FIRST READING: ________________ SECOND READING: ________________  ORDINANCE TO ENACT A NEW ORDINANCE CHAPTER 22, WATER MANAGEMENT – FLOOD DAMAGE PREVENTION AND STORMWATER MANAGEMENT WHEREAS, it is the expressed desire of Council to repeal the Unified Development Ordinance (UDO) in its entirety and at the same time re-enact the previous Town Ordinances dealing with the same subject matter but also incorporating and retaining certain desirable provisions of the UDO, and WHEREAS, in the process of repealing of the UDO while incorporating its desirable features into the new Ordinance(s), it is vital that the transition to the new Ordinance(s) is accomplished in an orderly fashion and contain all current Federal and State requirements, and WHEREAS, water management in the form of flood damage prevention and stormwater management is a crucial element of providing for the health, welfare and safety of the citizens of the Town, and WHEREAS, Chapter 11 of the UDO is comprised of former Town Ordinance Chapter 6 Buildings and Building Regulations, Article III, Flood Damage Prevention AND Chapter 22 Stormwater Management, and WHEREAS, flood damage prevention and storm water management are crucial items needed to be addressed by Council to serve and protect the health, safety and welfare of Town citizens and it is reasonable that these two items be joined together in one Chapter in the Town of Summerville Code of Ordinances, and WHEREAS, to ensure the health, safety and welfare of Town citizens continues to be protected, repeal of Chapter 11 of the UDO should occur simultaneously with the enactment of this new Ordinance, Chapter 22, Water Management – Flood Damage Prevention and Stormwater Management. NOWTHEREFORE, BE IT ORDAINED by the Mayor and Council Members of the Town of Summerville that: 1. There is hereby enacted a new Ordinance to the Town of Summerville Code of Ordinances known as Chapter 22, Water Management – Flood Damage Prevention and Stormwater Management which provides as follows: ARTICLE I SEC. 22-1. - PURPOSE AND APPLICABILITY SEC. 22-2. - FLOODPLAIN MANAGEMENT STATUTORY AUTHORIZATION SEC 22-3. - STORMWATER MANAGEMENT STATUTORY AUTHORIZATION ARTICLE II - STREAM AND WETLAND BUFFERS SEC. 22-4. - PURPOSE AND INTENT SEC. 22-5. - LOCATION AND APPLICABILITY SEC. 22-6. - MINIMUM WATERCOURSE BUFFERS Zone 1 Zone 2 Buffer Buffer Rivers 100 ft 50 ft Intermittent and Perennial Streams 25 ft 25 ft Wetlands 25 ft Not required SEC. 22-7. - WATERCOURSE BUFFER STANDARDS ARTICLE III - FLOODPLAIN MANAGEMENT DIVISION 1. – GENERAL STANDARDS SEC. 22-8. - FINDINGS OF FACT SEC. 22-9. - STATEMENT OF PURPOSE AND OBJECTIVES SEC. 22-10. - LANDS TO WHICH THIS ORDINANCE APPLIES SEC. 22-11. - ESTABLISHMENT OF DEVELOPMENT PERMIT SEC. 22-12. - COMPLIANCE SEC. 22-13. - INTERPRETATION SEC. 22-14. - WARNING AND DISCLAIMER OF LIABILITY SEC. 22-15. - PENALTIES FOR VIOLATION SEC. 22-16 – DEFINITIONS DIVISION 2. – ADMINISTRATION SEC. 22-21. - DESIGNATION OF A LOCAL FLOODPLAIN ADMINISTRATOR SEC. 22-22. - ADOPTION OF LETTER OF MAP REVISIONS (LOMR) SEC. 22-23. - DEVELOPMENT PERMIT AND CERTIFICATION REQUIREMENT SEC. 22-24. - DUTIES AND RESPONSIBILITIES OF THE LOCAL FLOODPLAIN ADMINISTRATOR 22-25. - ADMINISTRATIVE PROCEDURES DIVISON 3. – FLOOD HAZARD REDUCTION 22-31. - GENERAL STANDARDS SEC. 22-32. - SPECIFIC STANDARDS SEC. 22-33. - STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND FLOODWAYS SEC. 22-34. - STANDARDS FOR STREAMS WITH ESTABLISHED BASE FLOOD ELEVATIONS BUT WITHOUT FLOODWAYS SEC. 22-35. - STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES) DIVISION 4. - FLOODPLAIN MANAGEMENT VARIANCES SEC. 22-41. - ESTABLISHMENT OF APPEAL BOARD SEC. 22-42. - RIGHT TO APPEAL SEC. 22-43. - HISTORIC STRUCTURES SEC. 22-44. - FUNCTIONALLY DEPENDENT USES SEC. 22-45. - AGRICULTURAL STRUCTURES SEC. 22-46. - CONSIDERATIONS SEC. 22-47. - FINDINGS SEC. 22-48. - FLOODWAYS SEC. 22-49. - CONDITIONS DIVISION 5. – FLOODPLAIN MANAGEMENT LEGAL STATUS PROVISIONS SEC. 22-61. - EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE SEC. 22-62. - EFFECT UPON OUTSTANDING BUILDING PERMITS ARTICLE IV - STORMWATER MANAGEMENT DIVISION 1. – STORMWATER MANAGEMENT UTILITY SEC. 22-101. - FINDINGS OF FACT SEC. 22-102. – DEFINITIONS SEC. 22-103. - DESIGNATION OF A STORMWATER MANAGEMENT UTILITY; ADMINISTRATION; DUTIES AND POWERS SEC. 22-104. - BOUNDARIES AND JURISDICTION SEC. 22-105. - TOWN REGULATIONS OF LAND-DISTURBING ACTIVITY SEC. 22-106. - STORMWATER UTILITY FEES SEC. 22-107. - INVESTMENT AND REINVESTMENT OF FUNDS AND BORROWING SEC. 22-108. - BILLING OF STORMWATER MANAGEMENT UTILITY FEE SEC. 22-109. - ENFORCEMENT AND PENALTIES SEC. 22-110. - MUNICIPAL LIABILITY SEC. 22-111. - REQUESTS FOR RECONSIDERATION SEC. 22-112. - APPEALS SEC. 22-113. - CLASSIFICATION OF PROPERTY AND DETERMINATION OF UTILITY FEE SEC. 22-114. - FINDINGS OF FACT SEC. 22-115. - CLASSIFICATIONS OF PROPERTY AND DETERMINATION OF THE INTERIM UTILITY FEE Computation of Stormwater Utility Fee Example Calculation Base Rate ERU is 2975 sq ft of impervious surface ERU = $4.00/month for each 2,975 sq ft Determine total impervious surface 16,450 square feet of the commercial property Divide total impervious area by base rate ERU square 16,450 sq ft / 2,975 sq ft =5.53 ERUs footage (round to nearest hundredth of a unit) Multiply the numerical factor Monthly Utility fee = 5.53 ERUs x $4.00 = $22.12/month by the ERU base rate fee SEC. 22-116. - ADJUSTMENT OF UTILITY FEE SEC. 22-117. - SEVERABILITY DIVISION 2. – STORMWATER QUALITY MANAGEMENT SEC. 22-121. - DEFINITIONS AND SYNOPSES OF REFERENCED REGULATIONS SEC. 22-122. - GENERAL PROVISIONS SEC. 22-123. - ORGANIZATION AND ADMINISTRATION SEC. 22-124. - STORMWATER CONTROL SEC. 22-125. - DETECTION AND REMOVAL OF ILLICIT CONNECTIONS AND DISCHARGES AND IMPROPER DISPOSAL SEC. 22-126. - INSPECTIONS SEC. 22-127. - ENFORCEMENT, PENALTIES, AND ABATEMENT SEC. 22-128. - VARIANCES SEC. 22-129. - CHARGES AND FEES 2. Enactment of New Chapter 22 – Water Management – Flood Damage Prevention and Stormwater Management shall occur simultaneously with the repeal of Chapter 11 of the Unified Development Ordinance, and 3. Violations of provisions in Chapter 11 of the Unified Development Ordinance for which citations have been issued but not yet tried shall remain viable and valid for purposes of prosecution. The repeal of Chapter 11 shall not be used as a bar to prosecution. Prosecution shall be under the standards of the Unified Development Ordinance and not under those of the newly enacted Chapter 22, and  IT IS SO ORDAINED! Ricky Waring, Mayor Attest: Beth Messervy, Clerk to Council First Reading: Second Reading: