Planning Commission

Town of Summerville Planning Commission June 19, 2023 - 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 May 15, 2023. II. PUBLIC HEARINGS: (public hearing notice in Post & Courier on 06.04.23 and sign posted on the properties on 06.02.23) 1. Petition by Samuel G. Pennington and Hallie Perkins to annex TMS#130-10-00-018, located at 518 N. Maple Street and totaling approximately 0.58 acres. Currently zoned OI, Office and Institutional District in Dorchester County and will be zoned UC-MX, Urban Corridor Mixed-Use, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) III. OLD BUSINESS: IV. NEW BUSINESS: 1. New Street Names (as needed) 2. Petition by Samuel G. Pennington and Hallie Perkins to annex TMS#130-10-00-018, located at 518 N. Maple Street and totaling approximately 0.58 acres. Currently zoned OI, Office and Institutional District in Dorchester County and will be zoned UC-MX, Urban Corridor Mixed-Use, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) 3. An ordinance to amend the Town of Summerville Code of Ordinances, Chapter 20, Article IV, Sections 20-103(9) and 20-109 (B) and (D), to reduce the eighty percent (80%) discount of the maximum impact fee allowed to zero percent (0%) so as to apply one hundred percent (100%) of the maximum allowable Parks and Recreation Impact fee. Town Council gave first  reading at their meeting on June 8, 2023 and will hold a public hearing at their meeting on July 13, 2023. V. MISCELLANEOUS: VI. ADJOURNMENT: ____________________________________ Chairperson or Vice Chairperson Posted June 12, 2023  The Town of Summerville Planning Commission Meeting Minutes May 15, 2023 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; Charlie Stoudenmire; Betty Profit; and Tom Hart. Elaine Segelken and Jim Bailey were 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 4:00 PM. Approval of Minutes: The Chairman asked if there were any edits or additions to the minutes from the meeting on April 17, 2023. Hearing none the minutes were approved as submitted. Public Hearings: The Chairman asked if there were any objections to holding the two public hearings and considering the two requests together as they are adjacent properties owned by family members. Hearing no objections, the first public hearing opened at 4:02 PM and was for the request to rezone TMS#130-14-13-009, located at 715 W. 5th North Street, approximately 0.22 acres, and owned by Thomas A. Limehouse, from N-MX, Neighborhood Mixed-Use to UC-MX, Urban Corridor Mixed-Use. (Council District 1) and the request to rezone TMS#s 130-14-13-007 and -008, located at 100 N. Hampton Street and 711 W. 5th North Street respectively, totaling approximately 1.1 acres, and owned by Willie S. Limehouse, from N- MX, Neighborhood Mixed-Use to UC-MX, Urban Corridor Mixed-Use. (Council District 1) Mr. Reaves introduced the items and asked if the applicant was in attendance. Mr. Tom Limehouse explained that these properties were near the Alston Schools on the original Hoover Chrysler property. On the property that he owns, he explained that he spent over 90 days trying to get rid of the old tires from the previous tenant and then had a proposed vape shop tenant interested, which was not allowed, so he lost his legal nonconforming status. The other two properties that his mother owns still have businesses operating that maintain their legal nonconformity and that will not change any time soon. He noted that he does not believe the other uses allowed in N-MX are viable for the properties, and he feels that there is a need in the neighborhood for affordable car repair services. Mr. Hart asked for confirmation that these properties have had auto-related uses operating for at least 40 years, and Mr. Limehouse confirmed that these properties have been auto-related for probably the last 50 years or more. Mr. Limehouse stated that the only use within the UC-MX that concerned him for these properties was the bar/nightclub use, which Mr. Hart noted the proximity of the schools would likely prohibit. Ms. Shuler stated that the Town doesn’t regulate those uses in terms of proximity to schools, as it is handled at the state level. Hearing no further public comment, these public hearings were closed at 4:11 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 they had no street names for consideration this month. The second and third items under New Business were the request to rezone TMS#130-14-13-009, located at 715 W. 5th North Street, approximately 0.22 acres, and owned by Thomas A. Limehouse, from N-MX, Neighborhood Mixed-Use to UC-MX, Urban Corridor Mixed-Use. (Council District 1) and the request to rezone TMS#s 130-14-13-007 and -008, located at 100 N. Hampton Street and 711 W. 5th North Street respectively, totaling approximately 1.1 acres, and owned by Willie S. Limehouse, from N-MX, Neighborhood Mixed-Use to UC-MX, Urban Corridor Mixed-Use. (Council District 1) Mr. Hart made a motion to recommend approval of the rezonings to Council, and Mr. Carroll made the second. Mr. Stoudenmire then asked if frontage would be taken from the properties when Highway 78 is widened. Mr. Limehouse responded that he was not sure but there is a good probability of that. Mr. Hart explained that he would normally not be in favor of these requests but given the adjacent properties and the historic use of these properties, he does support these changes. He also noted the need in the neighborhood. Mr. Reaves called for the question and the motion passed unanimously. Miscellaneous: Mr. Reaves mentioned the list of training opportunities that was provided by email to the Commission members and encouraged them to go ahead and take care of their required training for the year. Adjourn With no further business for the Commission, Mr. Carroll made a motion to adjourn with Mr. Stoudenmire making the second. The motion carried and the meeting was adjourned at 4:16 PM. Respectfully Submitted, Date: __________________________ Jessi Shuler, AICP Director of Planning Approved: _________________________________________________ Jim Reaves, Chairman or Jim Bailey, Vice Chairman  ANNEXATION STAFF REPORT PLANNING COMMISSION June 19, 2023 Owner: Samuel G. Pennington & Hallie Perkins Applicant: Benjamin A. Lafond TMS#s: 130-10-00-018 Location: 518 N. Maple Street Description: one tract totaling 0.58 acres Request: Annexation and Zoning to UC-MX, Urban Corridor Mixed-Use The property owner is requesting for the above referenced tract to be annexed into the Town from Dorchester County. The existing zoning in Dorchester County is OI, Office and Institutional District. This property is included in the Town’s ‘Mixed Residential’ area as identified within the Summerville: Our Town, Our Future Comprehensive Plan as well as on the accompanying Future Land Use Map. According to the Dorchester County Assessor’s date, this property is currently being used as a single-family residence. The annexation application states that the proposed future use of the property is for retail vehicular sales. The existing zoning district of OI in Dorchester County allows for more neighborhood-oriented office and institutional uses, which would prohibit retail vehicular sales. The property is surrounded by the Summervillage Mobile Home Park on the south and west sides, which is in the Town limits, and single-family residential on the north side, which is in Dorchester County. The properties across the road, along that section of N. Maple Street are zoned N- MX, Neighborhood Mixed-Use. Although UC-MX zoned properties are nearby at the intersection with W. 5th North Street, based on the Town’s Future Land Use map, the existing zoning in Dorchester County, and the surrounding residential uses, it appears that the Town’s N-MX zoning would be a more appropriate zoning district for this property; however, the zoning district would not allow for the stated proposed use of retail vehicular sales.  Annexation and Zoning to UC-MX Dr ck W G ro in ib te bs am rD Lo Sh r op S ham t Cu r o ck n D m r tu Gi Au bb s Lo op W in te rD r 101 ft W in te W rD in r te rD r M ili Rd nd W as as on Ln sa m gi as Le sa w Rd St le ap M N 78 6/12/2023 1:3,381 0 0.02 0.04 0.09 mi Zoning Districts LI N-MX PUD World Hillshade 0 0.04 0.07 0.15 km GR-5 MH-R N-R UC-MX Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, HI N-B PL Annexation Request Dorchester Parcels  Annexation and Zoning to UC-MX 601 N 128 WINTER DR MAPLE ST 124 WINTER DR 120 WINTER DR 116 WINTER DR 112 WINTER DR 113 WINTER DR 820 472 WINTER DR WASSAMASSAW RD 468 WINTER DR 109 WINTER DR 814 WASSAMASSAW RD 105 WINTER DR 816 WASSAMASSAW RD 101 WINTER DR 519 N 814 A 514 N MAPLE ST WASSAMASSAW RD MAPLE ST 517 N 102 MAPLE ST PRINGLE LN 100 PRINGLE LN 6/12/2023 1:1,690 0 0.01 0.02 0.04 mi Annexation Request 0 0.02 0.04 0.07 km Maxar, Microsoft  IMPACT FEE ORDINANCE AMENDMENT STAFF REPORT PLANNING COMMISSION June 19, 2023 Description: Amendments to Town Code Chapter 20, Article IV, Sections 20-103(9) and 20-109(B) & (D) Reason for request: The requested amendments were initially proposed by the Parks & Recreation (P&R) Department and sent to full Council by the Parks & Recreation Committee of Council. P&R Staff recognized that at the current discount of 80% very little funds are being raised by impact fees to address the increasing demand for parks and recreation facilities that is accompanying the increase in population growth. Impact fees are only paid by new residential development and can only be used to fund new facilities/equipment included in the Town’s Capital Improvement Plan (CIP), which includes $14,190,615 worth of potential P&R projects for 2023-2026. From July 1, 2023 – April 30, 2023, only $127,77.21 was paid in P&R impact fees at the current discount rate of 80%. During this same period, at the proposed discount rate of 0%, $638,886.05 would have been paid. Considerations for approval: Council gave first reading to the proposed amendments at their meeting on June 8th on a 6-1 vote with the caveat that language be added to the ordinance to exempt those projects already in the development process. This could either be done by adding a future date in which the change would become effective, or adding a provision to exempt development that is already in the review process. Given that impact fees are not applied until a building permit is purchased, choosing a future effective date would be difficult, as timelines vary from project to project; however, there are also a number of potential thresholds for when to exempt existing projects. Apartments (all) and townhomes (over five units) are required to go before the Design Review Board (DRB) or Board of Architectural Review (BAR). These projects could be exempted at a number of different points in the process: conceptual review, preliminary submittal, preliminary approval, final submittal, final approval. Single-family detached developments do not require DRB review, but do still require BAR review if they are in the Historic District. For those subdivisions outside of the Historic District, the homes could also be exempted at a number of different points in the process: MS4 permit or EPSC permit submittal, MS4 or EPSC permit issuance, final plat submittal, final plat approval, building permit submittal. Recommendation: Staff recommends that the following language be added to the proposed amendment: “For properties in which DRB or BAR approval is required, the current impact fee rates adopted March 10, 2022 shall remain effective if DRB or BAR preliminary approval has been granted and building permits are issued within 18 months of the date of adoption of these amendments. For properties in which DRB or BAR approval is not required, the current impact fee rates adopted March 10, 2022, shall remain effective for the current phase of development if a complete MS4 permit or EPSC permit submittal has been received, and building permits are issued within 36 months of the date of adoption of these amendments.” 2  ORDINANCE AN ORDINANCE TO AMEND THE TOWN OF SUMMERVILLE CODE OF ORDINANCES, CHAPTER 20, ARTICLE IV, SECTIONS: 20-103(9) AND 20-109 (B) & (D), TO REDUCE THE EIGHTY PERCENT (80%) DISCOUNT OF THE MAXIMUM IMPACT FEE ALLOWED TO ZERO PERCENT (0%) SO AS TO APPLY ONE HUNDRED PERCENT (100%) OF THE MAXIMUM ALLOWABLE PARKS AND RECREATION IMPACT FEE WHEREAS, Council at its regularly scheduled meetings on February 10, 2022 and March 10, 2022 enacted a Revised Capital Improvements (CIP) Plan and the updated Town Development Impact Fee Ordinance, and WHEREAS, Town of Summerville Code of Ordinances, Chapter 20, Article IV, Section 20-109 applied an eighty percent (80%) discount to the maximum allowable Parks and recreation Impact Fees, and WHEREAS, projects eligible for funding by Parks and Recreation Impact Fees authorized under S.C. Code §6-1-10 et seq reflected in the CIP for the period 2023 through 2026 totaled Fourteen Million, One Hundred Ninety Thousand, Six Hundred Fifteen and no/100 dollars ($14,190,615.00), and WHEREAS, for Fiscal year ending June 30, 2023 utilization of the eighty percent (80%) discount of the maximum allowable produced only One Hundred Twenty-Seven Thousand, Seven Hundred Seventy-Seven and 21/100 dollars ($127,777.21) for the ten (10) months ending April 30, 2023 for Parks and Recreation Impact Fees, and WHEREAS, had one hundred percent (100%) of the maximum allowable Parks and Recreation Impact Fees been applied during this same time period the fees would have been Six Hundred Thirty-Eight Thousand, Eight Hundred Eighty-Six and 05/100 dollars ($638,886.05), and WHEREAS, Council now realizes utilization the eighty percent (80%) discount of the maximum allowable Parks and Recreation Impact Fees will be insufficient to mitigate the cost of the CIP projects referenced above and necessitated by the population growth in Summerville, and WHEREAS, it is the desire of Council to apply one hundred percent (100%) of the maximum allowable Parks and Recreation Impact Fees. NOW THEREFORE, be it Ordained by the Mayor and Members of Town Council duly assembled; 1 1. The above recitals are hereby incorporated into this Ordinance to the same extent as if set out verbatim. 2. Town Ordinance Chapter 20, Article IV, Section 20-103(9) is hereby amended so that it will hereafter read: The maximum allowable park and recreation impact fee determined in the Town of Summerville Impact Fee Update has been reduced by zero percent for the General Development Impact Fee Schedule summarized in Exhibit A of this article, setting the fees at 100 percent of the maximum amount to provide a reasonable fee for residential investment and to ensure that the impact fees collected do not exceed the cost to provide capital facilities and equipment that accommodate new development. 3. Town Ordinance Chapter 20, Article IV, Section 20-109(b) & (d) are hereby amended to reflect the Town policy of charging 100% of the maximum allowable Parks and Recreation Impact Fee so that they will hereafter read: (b) Park and recreation impact fee formula. Park and recreation impact fees collected within town limits shall be in accordance with the following formula: Impact Fee = (NNDU) × (P/HH) × (COST) × (TDR) Where: NNDU = The number of net new dwelling units generated by the proposed development. P/HH = Average person per household estimate published by the U.S. Census Bureau for various dwelling unit categories (see Town of Summerville Impact Fee Update, Appendix B). COST = The cost per capita for providing improvements to park and recreation facilities is based on information presented in the Town of Summerville Impact Fee Update adopted by town council on March 10, 2022. The cost per capita is $1,324.13. TDR = For the purpose of this calculation, it is town council policy to charge 100 percent of the maximum allowable park and recreation impact fee determined in the Town of Summerville Impact Fee Update. (d) Independent park and recreation impact fee calculation. In the event that a fee payor or town staff contend that the land use for which the building permit is being sought is not within those land uses identified in Exhibit A, (attached to Ord. No. 22-0201 and kept on file with the town) or if the fee payor contends that the Exhibit A, (attached to Ord. No. 22-0201 and kept on file with the town) calculations are not accurate for its intended use, then the town building official, or its designee, shall make a determination as to the most comparable land use category to assume for calculating park and recreation impact fees. If the fee payor disagrees with the determination of the town building official or if the town otherwise deems it appropriate, an independent impact fee calculation may be performed to quantify the fair share of system improvement costs attributable to the development. 2  Preparation of an independent impact fee calculation will immediately halt the building permit application process until such time that the necessary calculation is deemed complete by the town building official. If an independent calculation is requested, it must accompany the building permit application and be prepared in accordance with the following provisions: (1) Independent calculations for the determination of park and recreation impact fees must be performed by a certified professional planner or other duly qualified and licensed professional approved by the town building official. (2) The independent calculation shall be subject to review and approval by the town building official, or its designee. (3) The town building official shall either approve or provide in writing the reasons for disapproval of the independent calculation study within 30 days of its submittal for review. (4) Prior to commencing the study, the developer's professional consultant and the town building official, or its designee, shall agree upon the relevant factors and values that will be utilized in the independent calculation of impact fees. (5) The maximum allowable park and recreation impact fee determined in the Town of Summerville Impact Fee Update shall be 100 percent for the purposes of completing an independent impact fee calculation, setting the fees at 100 percent of the maximum amount. (6) The independent impact fee calculation shall be based on the following formula: Impact Fee = (NNDU) × (P/HH) × (COST) × (TOR) Where: NNDU = The number of net new dwelling units generated by the proposed development. P/HH = Average person per household estimate approved by the town building official. COST = The cost per capita for providing improvements to park and recreation facilities is based on information presented in the Town of Summerville Impact Fee Update adopted by town council on March 10, 2022. The cost per capita is $1,324.13. TDR = For the purpose of this calculation, it is town council policy to charge 100 percent of the maximum allowable park and recreation impact fee determined in the Town of Summerville Impact Fee Update. AND, IT IS SO ORDAINED! 3  Dated this day of , 2023 A.D. ____________________________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk First Reading: _____________ Second Reading: _________________ 4  Developments Potentially Impacted by Park & Recreation Impact Fee Discount Rate Change Date of DRB or BAR Date of MS4 or EPSC Date of Bulding Name Address TMS# Acres Units Notes Final Approval Permit Approval Permit Approval TRC review on Apartments by Continental N MAPLE ST 130-00-00-033 15.76 324 6.13.23 Submitted for BAR 208 S CEDAR ST, 210 W 137-07-04-002, 005, & Conceptual Review prelimnary Cedar Street Mixed-Use RICHARDSON AVE, & 213 W 1.948 33 007 3/1/2022 approval for 7.5.23 2ND SOUTH ST meeting Daniel's Orchard Phase 1A 604-627 N LAUREL STREET 130-12-01-002 & 004 1.65 12 9/16/2021 10/14/2019 Under Review Live-Work Units Submitted for DRB Conceptual Review Droze Road Townhomes 155 DROZE RD 136-00-00-093 7.25 70 final approval for 11/17/2022 6.15.23 meeting Submitted for DRB Conceptual Review preliminary Luden Drive Multifamily LUDEN DRIVE 144-00-00-055 0.95 18 4/20/2023 approval for 6.15.23 meeting Conceptual Review Rangewater Multifamily N. MAPLE STREET 130-00-00-060 21.46 160 9/15/2022 Final Approval Residences at Sawmill in Sawmill Centre 138-00-00-001 18.5 471 11/2/2022 Under Review 5/20/2021 Limehouse Drive & Marisco Limehouse Apartments 154-00-00-087 3 48 6/23/2022 4/3/2023 Under Review Dr. Vantage Apartments at Six Tupperway Drive 144-00-00-179 19 288 11/25/2019 2/3/2022 Under Review Oaks Martin's Creek Townhome Martin's Creek Blvd. 153-00-00-016 & 069 5 63 4/21/2022 4/17/2023 Apartments Summerville Commons Berlin G. Myers Pkwy. multiple 10 270 10/22/2021 Under Review Apartments Gahagan at Garbon Gahagan Road & Garbon Rd. multiple 2 20 4/16/2020 11/30/2020 8 are permitted Townhomes/Quadraplex 111 JEDI LN 153-05-00-027 0.23 4 n/a 5/22/2023 Germantown Rd. & Waring 7 permitted, 3 under Pineland Village multiple 9 30 n/a 8/20/2021 St. review Limehouse Village Dorchester Road multiple 187 406 n/a 1/26/2022 (Phase 4) 11 under review Ph 4 - 110 SF 2/4/2022 (Phase 1A) Ph 1A - 98 SF Ph Sheep Island PUD Drop Off Drive multiple 973 700 n/a 7/29/2022 (Phase 1B) 1B - 79 SF Under Review (Phase Shewmaker PUD Dorchester Road multiple 279 340 n/a Ph 1 - 45 SF, 86 TH 1) Shobe Tract (Pineland Under Review (Phase Orangeburg Road multiple 73 301 n/a Ph 1 - 74 SF, 49 TH Preserve) 1) 1/14/2021 (Phase 1) Ph 1 - 96 SF, 54 TH Six Oaks Tupperway Drive multiple 167 337 n/a Under Review (Ph. 2) Ph 2 - 61 SF Ph Under Review ( Ph. 5) 5 - 35 TH Sweetgrass Station (FKA Orangeburg Road multiple 75 300 n/a 6/7/2021 (Phase 1) 82 SF, 34 TH Knightsville Tract)