Planning Commission

Town of Summerville Planning Commission May 16, 2022 - 4:00 PM Town Hall, 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. I. APPROVAL OF MINUTES 1. Approval of minutes from meeting on March 21, 2022. II. PUBLIC HEARINGS: (public hearing sign posted on properties beginning on 04.29.22 and with notice in Post & Courier on 05.01.22) 1. Request to rezone TMS#s 136-12-04-106, 911 D Central Avenue, owned by Gary A. Charpia; and 136-12-04-108, 911 B & C Central Avenue, owned by Leonard A. & Sylvia L. Holmes; two parcels totaling approximately 0.936 acres, from GR-5, General Residential (5 units/acre), to N-B, Neighborhood Business. (Council District 1) 2. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 3, Section 3.4.3, Lodging. 3. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 3, Section 3.5.2, Uses Customarily Accessory to Residential Dwellings. III. OLD BUSINESS: IV. NEW BUSINESS: 1. New Street Names (as needed) a. Pineland Preserve (off Orangeburg Road): Gloriosa, Dahlberg, Marblewing, Coulter 2. Request to rezone TMS#s 136-12-04-106, 911 D Central Avenue, owned by Gary A. Charpia; and 136-12-04-108, 911 B & C Central Avenue, owned by Leonard A. & Sylvia L. Holmes; two parcels totaling approximately 0.936 acres, from GR-5, General Residential (5 units/acre), to N-B, Neighborhood Business. (Council District 1) 3. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 3, Section 3.4.3, Lodging.  4. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 3, Section 3.5.2, Uses Customarily Accessory to Residential Dwellings. V. MISCELLANEOUS: VI. ADJOURNMENT: ____________________________________ Chairman or Vice Chairman Posted May 9, 2022  The Town of Summerville Special Planning Commission Meeting Minutes March 21, 2022 This meeting of the Town of Summerville Planning Commission was held in Town Council Chambers and was attended by Commission Members, Jim Reaves, Chairman; Kevin Carroll; Tom Hart; Charlie Stoudenmire; Betty Profit; and Elaine Segelken. Jim Bailey was unable to attend. Staff in attendance included Jessi Shuler, AICP, Director of Planning. The public was invited to attend in person, or they viewed the meeting via live-stream. Jim Reaves, Chairman, called the meeting to order at 4:01 PM. Approval of Minutes: The Chairman asked if there were any edits or additions to the minutes from the meeting on February 28, 2022. Ms. Segelken made a motion to approve the minutes as presented, and Mr. Hart made the second. The motion passed unanimously. Public Hearings: The first and only public hearing opened at 4:02 PM and was for the petition by Charleston Capital Corporation to annex Dorchester Co. TMS# 145-06-06-004, located off Paradise Point and totaling approximately 1.584 acres. Currently zoned CG, General Commercial in Dorchester County and will be zoned G-B, General Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 3). Mr. Reaves introduced the item and asked if the applicant was present. Chip Wyatt with Barrier Island Engineering & Consulting stated that he was representing the applicant. He explained that all of the properties surrounding this one were already in the Town, and they were proposing to do a self-storage facility on the site. Hearing no further public comment, this public hearing was closed at 4:03 PM. Old Business There were no items under Old Business. New Business: The first item under New Business was New Street Names. Ms. Shuler stated that the owners of the townhome apartment development off of Martin’s Creek Boulevard were requesting an additional name of King Comer Lane to replace Telluride Lane that was previously approved. She noted that the owners stated this name was related to the history of the property. Mr. Hart made a motion to approve the proposed street name, and Mr. Carroll made the second. The motion passed unanimously. The second item under New Business was the petition by Charleston Capital Corporation to annex Dorchester Co. TMS# 145-06-06-004, located off Paradise Point and totaling approximately 1.584 acres. Currently zoned CG, General Commercial in Dorchester County and will be zoned G-B, General Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 3) Ms. Segelken asked for clarification about the smaller property between this property and Paradise Lakes. Ms. Shuler confirmed that it was currently an appraisal office. Ms. Segelken then made a motion to recommend approval, and Mr. Hart made the second. Mr. Carroll asked if the access to this property would be off of Paradise Point, and if trucks would be going in and out. Mr. Wyatt confirmed that access would be off Paradise Point with some truck traffic. He explained that they would likely be required to do road improvements to Paradise Point to facilitate better access. Mr. Reaves then called for the question and the motion passed unanimously. Miscellaneous: There was no discussion under Miscellaneous. Adjourn With no further business for the Commission, Ms. Segelken made a motion to adjourn with Mr. Carroll making the second. The motion carried and the meeting was adjourned at 4:07 PM. Respectfully Submitted, Date: __________________________ Jessi Shuler, AICP Director of Planning Approved: _________________________________________________ Jim Reaves, Chairman or Kevin Carroll, Vice Chairman  REZONING STAFF REPORT PLANNING COMMISSION May 16, 2022 Owners and Applicant: Gary A. Charpia; Leonard A. & Sylvia L. Holmes TMS#s: 136-12-04-106; 136-12-04-108 Location: 911 D and 911 B & C Central Avenue Description: two parcels, approximately 0.936 total acres Request: Rezoning to N-B from GR-5 The property owners are requesting for the above referenced parcels to be rezoned from GR-5, General Residential (5 units/acre) to N-B, Neighborhood Business. These properties are included in the Town’s ‘Single-Family Residential’ area as identified within the Summerville: Our Town, Our Future Comprehensive Plan as well as on the accompanying Future Land Use Map, which includes detached single-family uses with a typical density of 2-5 units per acre. However, these properties are also included as existing neighborhood commercial in the Economic Development Element of the Comprehensive Plan, which states that these areas of neighborhood commercial should be remain as long as they meet current standards and maintain neighborhood compatibility. Based on these findings the requested N-B, Neighborhood Business, zoning district is interpreted by staff to be in conformance with the Town’s Comprehensive Plan and is recommended for approval, as long as these properties are developed in full conformance with the UDO standards and are compatible with the adjacent residential properties.  T ICS T AN TL A P INT AILD R N EL A LM E TH E E V R LA A ENT C TE AL CT W OOD DUC KDR R ODD O W K AR P CT AIG R C D R N W O T T N TONS MA N I G ER A WR G R ezonin gtoN -B R ezo nin gRe q u est G R-5 N -B Z onin g N -R A C 2022 P U D 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 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  UDO AMENDMENTS STAFF REPORT PLANNING COMMISSION May 16, 2022 Description: Amendments to Chapter 3 – Districts, Section 3.4.3 – Lodging Reason for request: The requested amendment is proposed by staff to address concerns that staff has discovered with the implementation of the Lodging Conditional Use within the N-MX district specifically. These changes hope to correct some inconsistencies in how these conditional uses are applied, while still protecting adjacent residential uses. The Planning & Development Committee of Council recommended that the conditions take into account the current use (residential vs. commercial) of the property. Amendments to Chapter 3 – Districts, Section 3.5.2 – Uses Customarily Accessory to Residential Dwellings Reason for request: The requested amendment is proposed by staff to address the issues that staff has been encountering with accessory structures since the removal of the size restriction in the UDO amendments that were approved in August. Specifically, the main issue is concerning stormwater runoff onto adjacent properties in relation to the review process, which historically was not as robust for accessory structures due to their limited size. Accessory structures’ sizes were limited even prior to the adoption of the UDO and even in the UDO, the size of ADUs is still restricted. In addition, this discrepancy for garages provides a loophole for building a larger ADU after the fact. This proposed language based on the lot size was recommended by the Planning & Development Committee of Council. 2  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE CHAPTER 3 – USE PROVISIONS SECTION 3.4 – CONDITIONAL USE PROVISIONS SUBSECTION 3.4.3 - LODGING BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that the Summerville Unified Development Ordinance, Chapter 3 – Use Provisions, Section 3.4 – Conditional Use Provisions, Subsection 3.4.3 Lodging, is amended as follows: 3.4.3 LODGING A. Home Stay Bed and Breakfast (Up to 5 guest rooms) (N-R, GR-2, GR-3, GR-5, MF-R) 1. Owner Residency Required: The bed and breakfast shall be owned and operated by at least fifty percent (50%) of the record ownership of the real property upon which the bed and breakfast is located and said owner(s) shall be a resident(s) of the subject property. For purposes of this Zoning Ordinance, to qualify as a resident(s) of a property, the person(s) shall use that property as their legal voting address, South Carolina driver’s license address or South Carolina Identification Card address and four percent (4%) homeowners assessment ratio address, and shall actually reside on the property at least 183 days each year and be on site at any time guest are registered. If a bed and breakfast is owned by a Limited Liability Corporation (LLC), Corporation or any other type of business entity, at least fifty percent (50%) of the ownership of said LLC, corporation or other type of business entity shall be by the resident(s) as described above together with the same restrictions and qualifications set forth. 2. Maximum Number of Guest Rooms: 5 3. Peaceful Enjoyment by Neighbors: Such use shall create no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic, or parking problems. 4. Meals to Guests Only: No meals other than breakfast may be served by the resident owner to the paying guests. 5. Parking: One off-street parking place shall be provided for each guest room. Guest parking shall be in designated off-street parking areas consistent with neighborhood standards. No parking spaces, other than driveways, may be located in the required front yard setback. 6. Business License Required: A valid business license is required. 7. Insurance Required: Valid liability insurance is required for the Owner, Property management company/or any other entity. Valid insurance is required for each unit being licensed for short term rentals. 8. Safety Inspection: An initial safety inspection shall be conducted by the Town. Additional inspections for compliance with the regulations in this section may be performed by the Town if deemed necessary and with 24 hour notice to the permit holder/property manager. 9. Records Required: The Permanent Resident shall maintain records for two years demonstrating compliance with these provisions, including but not limited to information demonstrating Primary Residency, the number of days per calendar year he or she has occupied the residential unit, the number of days per calendar year the residential unit has been rented as a Short-Term Rental, and compliance with the insurance requirement in this section. These records shall be made available to the Town upon request. B. Bed and Breakfast Inn (6-10 guest rooms) (N-R, N-MX, MF-R)  1. Owner-Occupancy Required: See the requirement for 3.4.3.A above for N-R and MF-R properties. For N-MX properties, owner-occupancy is dependent on the primary use of the structure and the primary use of the adjacent properties. If the primary use of the structure is residential and at least 50% of the adjacent properties have a primarily residential use, the requirement in 3.4.3.A above applies. Owner-occupancy is not required if the primary use of the structure is commercial and at least 50% of the adjacent properties have a primary commercial use. 2.1.Maximum Number of Guest Rooms: 10 3.2. Peaceful Enjoyment by Neighbors: Such use shall create no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic, or parking problems. See the requirement for 3.4.3.A above. 4.3. Meals to Guests Only: No meals other than breakfast may be served by the resident owner to the paying guests. See the requirement for 3.4.3.A above. 5.4. Parking: One of-street parking place shall be provided for each guest room. Guest parking shall be in designated of-street parking areas consistent with neighborhood standards. No parking spaces, other than driveways, may be located in the required front yard setback. See the requirement for 3.4.3.A above. 5. Owner-Occupancy Required: See the requirement for 3.4.3.A above. 6. Business License Required: A valid business license is required. 7. Insurance Required: See the requirement for 3.4.3.A above. 8. Safety Inspection: See the requirement for 3.4.3.A above. 9. Records Required: See the requirement for 3.4.3.A above. C. Inn (Up to 24 rooms) (N-MX) 1. Location: The facility shall be located at least fifty (50) feet from the boundary of any residential use or district, and only one Inn is permitted per block. 2. Manager’s office: Inns with 11 or more units shall be required to have an on-site manager in the form of a resident manager or 24-hour desk service. An office for the manager shall be provided and shall be located near the entry to the residential hotel and have full view of the entry area. 3. Meals may be served to guests other than those registered with the bed and breakfast, provided the facility meets all other applicable town and state codes for food service. Cooking facilities are prohibited in individual guest rooms. 4. Leasing of common areas for social events shall be allowed, provided the facility meets all applicable off-street parking requirements and complies with the noise ordinance and all other provisions of the Town Code. 5. The proposed use will be compatible with the character of the adjacent and nearby properties with regard to use, function, operation, hours of operation, type and amount of traffic generated, building size and setback, and parking availability. 6. Screening: Such use must have existing or proposed screening or buffering, in terms of type, dimensions, and character to eliminate or reduce substantial, adverse nuisance, sight, or noise impacts on adjacent and nearby properties containing less intensive uses. C. D. Hotel/Extended Stay (D-MX, UC-MX) 1. Access to all guest rooms shall be from an interior hallway (conditioned space) only. D. Short Term Rental (N-R, N-MX, GR-2, GR-3, GR-5, MF-R, MH-R) 1. Determination of Short-Term Rental Offering: Any online advertisement posted by the owner or Permanent Resident is sufficient to determine that a unit is being offered as a short-term rental.  2. Owner-Occupancy Required: See the requirement for 3.4.3.A above for N-R, GR-2, GR-3, GR-5, MF-R, and MH-R properties. For N-MX properties, owner-occupancy is dependent on the primary use of the structure and the primary use of the adjacent properties. If the primary use of the structure is residential and at least 50% of the adjacent properties have a primarily residential use, the requirement in 3.4.3.A above applies. Owner-occupancy is not required if the primary use of the structure is commercial and at least 50% of the adjacent properties have a primarily commercial use. 3. Business License Required: A Permanent Resident offering a residential unit for Short-Term Rental shall maintain a valid business license. See the requirement for 3.4.3.A above. 4. Peaceful Enjoyment by Neighbors: Such use shall create no disturbing or offensive noise, vibration, smoke, dust, odor, heat, glare, unhealthy or unsightly condition, traffic, or parking problems. See the requirement for 3.4.3.B. 5. Insurance Required: See the requirement for 3.4.3.A above. 6. Safety Inspection: See the requirement for 3.4.3.A above. 7. Records Required: See the requirement for 3.4.3.A above. Ratified this day of , 2022 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: ___________________ FIRST READING: _____________________ SECOND READING: __ ___________  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE CHAPTER 3 – USE PROVISIONS SECTION 3.5 – ACCESSORY USES AND STRUCTURES SUBSECTION 3.5.2 - USES CUSTOMARILY ACCESSORY TO RESIDENTIAL DWELLINGS BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that the Summerville Unified Development Ordinance, Chapter 3 – Use Provisions, Section 3.4 – Accessory Uses and Structures, Subsection 3.5.2 – Use Customarily Accessory to Residential Dwellings, is amended as follows: 3.5.2 USES CUSTOMARILY ACCESSORY TO RESIDENTIAL DWELLINGS A. Private Garage, Workshop, Shed, Storage Building, or Carport: A private garage, workshop, shed, storage building, or carport shall comply with the following standards: 1. Location: Such structure shall not be located in front of the front line of the dwelling except on lots on the marsh or water or where the garage will be more than 100 feet from the front property line. 2. Footprint: For lots less than half an acre in size, such structure’s footprint shall not exceed 50% of the footprint of the primary dwelling. For lots an half acre to an acre in size, such structure’s footprint shall not exceed 50% of the gross floor area of the primary dwelling. For lots greater than an acre, there is no size restriction based on the primary dwelling, but the structure must be at least 50 feet from any property line. 23. Height: Such structure shall be limited to the height in feet prescribed in Chapter 2 (Districts). 34. Utilities: Utilities may be provided subject to all applicable Building Codes. 45. Steel cargo storage containers or modified versions thereof are not permitted unless used as a building material approved by the Building Official. B. Other permitted accessory uses include, but are not limited to: • Fences • Private swimming pools • Outdoor barbecue structures • Playhouses/Treehouses • Arbors/Pergolas • Animal shelters for domestic pets • Gardening and agricultural uses incidental to residential use Ratified this day of , 2022 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: ___________________ FIRST READING: _____________________ SECOND READING: ___________________