Planning Commission

Town of Summerville Planning Commission May 20, 2024 - 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 April 15, 2024. II. PUBLIC HEARINGS: (public hearing notice in Post & Courier on 5.5.24 and signs posted on the property on 5.3.24) 1. Request to rezone TMS#s 130-14-13-001 and -002, located at 110 and 112 Wylie Street, totaling approximately one acre, and owned by Wendy G. Taylor, from GR-5, General Residential (5 units/acre), to N-MX, Neighborhood Mixed-Use (Council District 1) III. OLD BUSINESS: IV. NEW BUSINESS: 1. New Street Names (as needed) 2. Request to rezone TMS#s 130-14-13-001 and -002, located at 110 and 112 Wylie Street, totaling approximately one acre, and owned by Wendy G. Taylor, from GR-5, General Residential (5 units/acre), to N-MX, Neighborhood Mixed-Use (Council District 1) V. MISCELLANEOUS: VI. ADJOURNMENT: ____________________________________ Chairperson or Vice Chairperson Posted May 13, 2024  The Town of Summerville Planning Commission Meeting Minutes April 15, 2024 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; and Elaine Segelken. Tom Hart, Jim Bailey, and Betty Profit 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 4:01 PM. Approval of Minutes: The Chairman asked if there were any edits or additions to the minutes from the meeting on January 22, 2024. Hearing none, the minutes were accepted as presented. Public Hearings: The first public hearing opened at 4:02 PM and was for the petition by Brianna Kopp Memis and Kevin W. Kopp to annex TMS# 136-07-02-006, located at 1219 Central Avenue, and totaling approximately 2 acres. Currently zoned R-1, Single-Family Residential, in Dorchester County and will be zoned N-B, Neighborhood Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 1) Mr. Reaves introduced the item. The applicant was not present, and hearing no public comment, this public hearing was closed at 4:02 PM. Seeing no members of the public present, the Chairman suggested that the five scheduled public hearings on the UDO amendments be held together. Hearing no objections, the second public hearing opened at RA D FT 4:03 PM and was for the proposed amendments to the Summerville Unified Development Ordinance, Chapters 2, 3, 4, 9, 13, 14, and 15. Hearing no 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 they have street names in two different developments to review this month. The proposed name of Edsel is for the AMH Development in the Salisbury tract. Only one street name is needed. Ms. Segelken made a motion to approve Edsel, and Mr. Carroll made the second. The motion passed unanimously. Ms. Shuler stated that the second set of names is for Phase 1 of the Shewmaker Tract. Only five names are needed, but they have ten potential names that could all be approved, as they will need additional names in the next phases. The following names were available for approval: Agrarian Ave, Barnwood Ln, Cropfield Dr, Farmstead Dr, Harvest Grove Ln, Harvest Meadow Ln, Orchard Blossom Ln, Orchard Hill Rd, Orchard View Terrace, and Ranchview Ct. Ms. Segelken made a motion to approve all the names listed, and Mr. Carroll made the second. The motion passed unanimously. The second item under New Business was the petition by Brianna Kopp Memis and Kevin W. Kopp to annex TMS# 136-07-02-006, located at 1219 Central Avenue, and totaling approximately 2 acres. Currently zoned R-1, Single-Family Residential, in Dorchester County and will be zoned N-B, Neighborhood Business, upon annexation into the Town of Summerville’s municipal limits. (Council District 1). Ms. Shuler explained the ownership, as the woman on the recorded deed is recently deceased, and her two heirs signed the petition. Mr. Carroll made a motion to recommend approval, and Ms. Segelken made the second. Mr. Carroll mentioned that this would be a complete change in the neighborhood based on all the recent annexations in the area, and Mr. Reaves agreed, but noted that it was not surprising given the surrounding properties and the traffic along Central Ave. Mr. Reaves then called for the question and the motion passed unanimously. The third item under New Business was the proposed amendments to the Summerville Unified Development Ordinance, Chapter 2, Section 2.3.6.A - Encroachments; Chapter 4, Section 4.2.5 - Frontage Encroachments; Chapter 13, Section 13.7.1 – Zoning/Development Permit. Ms. Shuler briefly explained the changes and the reasoning behind them. Mr. Reaves asked what constituted an encroachment since the fences would still be on the property, and Ms. Shuler explained that it was an encroachment into the setback, so it basically states that fences aren’t subject to required setbacks. Mr. Carroll made a motion to recommend approval, and Ms. Segelken made the second. Ms. Segelken asked for clarification on how the changes would affect property owners who wanted to construct a fence. Ms. Shuler clarified that this would only affect fences that are visible from the right-of-way, and the changes to Chapter 4 and 13 only affect non-residential zoned properties. Mr. Reaves then called for the question and the motion passed unanimously. The fourth item under New Business was the proposed amendments to the Summerville Unified Development Ordinance, Chapter 3, Section 3.3 – Table of Permitted Uses and Section 3.4.5.E – Tobacco/Tobacco Alternatives Sales Store; Chapter 15, Section 15.3 – Definition of Terms. Ms. Shuler briefly explained that the changes are to include CBD and other alternatives and slightly reduce the distance required between certain uses to make sure that this use was not zoned out, as that is not allowed by state law. Ms. Segelken made a motion to recommend approval, and Mr. Stoudenmire made the second. Mr. Carroll asked about sensitive receptors, and Ms. Shuler noted that adding that definition to Chapter 15 was included in the changes. Mr. Reaves then called for the question and the motion passed RA D FT unanimously. The fifth item under New Business was the proposed amendments to the Summerville Unified Development Ordinance, Chapter 9, Section 9.3 – Design Standards. Ms. Shuler noted that this change addressed a loophole in our sign and lighting regulations. Ms. Segelken made a motion to recommend approval, and Mr. Stoudenmire made the second. Mr. Reaves then called for the question and the motion passed unanimously. The sixth item under New Business was the proposed amendments to the Summerville Unified Development Ordinance, Chapter 13, Section 13.7.2 – Building Permit and Section 13.7.3 – Certificate of Occupancy/Occupancy Permit. Ms. Shuler explained that these amendments are proposed by staff to allow for a more efficient and effective review of proposed building permit applications regarding zoning requirements and building code requirements. The foundation survey requirement will help staff catch potential zoning violations or building/fire code needs prior to starting vertical construction, which will make corrections much simpler and less costly. With more PUDs coming online that have smaller lot sizes and more infill development on difficult lots, the as-built survey will allow staff to guarantee that all zoning, grading, and building code requirements are being met. She specifically pointed out that the language does give staff the ability to waive these requirements if they’re unnecessary. Ms. Segelken made a motion to recommend approval, and Mr. Carroll made the second. Mr. Reaves then called for the question and the motion passed unanimously. The seventh and final item under New Business was the proposed amendments to the Summerville Unified Development Ordinance, Chapter 14, Section 14.2.4 – Notice of Violation and 14.2.5 – Failure to Correct Violation. Ms. Shuler explained that these amendments are proposed by staff to better reflect the realities of dealing with code enforcement issues allowing staff to address these issues more efficiently and effectively, while still providing opportunities for violations to be corrected prior to citations being issued. She noted that staff was experiencing more instances of violations, and it appears that due to lack of or the difficulty with enforcing the ordinances, more violations are occurring. Ms. Segelken noted that she had heard word of more violations because people believed requirements weren’t being enforced and so there would be no consequences for violating the UDO. Mr. Carroll made a motion to recommend approval, and Ms. Segelken made the second. Mr. Reaves then called for the question and the motion passed unanimously. Miscellaneous: Ms. Shuler reminded the Commission members about their training responsibilities, and that staff would be sending out webinar training opportunities as available. 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 4:28 PM. Respectfully Submitted, Date: __________________________ Jessi Shuler, AICP Director of Planning Approved: _________________________________________________ Jim Reaves, Chairman or Jim Bailey, Vice Chairman FT RA D  REZONING STAFF REPORT PLANNING COMMISSION May 20, 2024 Owners: Wendy G. Taylor Applicant: Davis McNair TMS#s: 130-14-13-001 and -002 Location: 112 and 110 Wylie Street Description: two lots, approximately one acre Request: Rezoning to N-MX from GR-5 The applicant is requesting the above referenced parcels be rezoned from the current zoning of GR-5 to N-MX. The following reasoning is stated on the application: Single family residential use is supported by future land use map and adjacent parcels are of like zoning. 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, which includes “both detached and attached single-family properties to allow for flexible and denser development in proximity to the Town’s major roadways such as…Highway 78. Attached residences can include townhouse or duplex residential properties. This use has a density of 5-12 units per acre.” These properties are currently vacant, and the applicant is proposing to build seven townhomes on the properties. The Housing & Neighborhoods Element of the Comp Plan does state that infill areas should be targeted first for new growth to minimize the need for significant capital improvements in greenfield areas, and this is an area identified for priority infill. In addition, the property across Iris Street is already zoned N-MX, as is the property just to the south, but all the other properties on Wylie Street are zoned GR-5. The proposed townhomes are not out of line with the Town’s Comprehensive Plan, as townhomes and 2-4 unit residences are a permitted use in N-MX; however, the other commercial uses allowed in the N-MX zoning district could be considered out of character with the residential nature of the existing street. It is the Planning Commission’s decision and then ultimately Council’s decision as to whether the rezoning, which could allow for other commercial uses if townhomes were not built, would detract from the character of the surrounding area and negatively impact the existing residences on Wylie Street. Staff received phone calls, emails, and letters concerning this proposed rezoning from residents on Wylie Street. The existing residents of Wylie Street that have contacted the Town are opposed to the rezoning request. This communication from existing residents is included in the packet.  Rezoning to N-MX St Iris 204 N HAMPTON ST W as sa m as sa w Rd 113 WYLIE ST 115 WYLIE ST 105 WYLIE ST 111 WYLIE ST 109 WYLIE ST 100 IRIS ST 112 WYLIE ST Wyl 203 N HAMPTON ST ie S t 103 WYLIE ST 110 WYLIE ST 108 WYLIE ST t 106 WYLIE ST Iris S 104 WYLIE ST 109 N HAMPTON ST 100 WYLIE ST St on pt Ha m 105 N HAMPTON ST N 78 717 W 5TH NORTH ST 102 N HAMPTON ST 103 N HAMPTON ST 715 W 5TH NORTH ST 100 N HAMPTON ST n St 716 W 5TH NORTH ST 104 CLEVELAND ST W Brya 5t 711 W 5TH NORTH ST h 121 N BIRCH ST No rth St 102 CLEVELAND ST 705 W 5TH NORTH ST 5/13/2024 1:1,690 0 0.01 0.02 0.04 mi Summerville Addresses N-R UC-MX PL 0 0.02 0.04 0.07 km Summerville Zoning Parcels-Copy District MF-R N-MX N-B Esri Community Maps Contributors, City of Charleston, Charleston County GIS, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GR-5 Rezoning Request  Summerville Rezoning Planning to N-MX Aerial 204 N HAMPTON ST 113 WYLIE ST 115 WYLIE ST 105 WYLIE ST 111 WYLIE ST 109 WYLIE ST 100 IRIS ST 112 WYLIE ST 203 N HAMPTON ST 103 WYLIE ST 110 WYLIE ST 108 WYLIE ST 106 WYLIE ST 104 WYLIE ST 109 N HAMPTON ST 100 WYLIE ST 105 N HAMPTON ST 717 W 5TH NORTH ST 102 N HAMPTON ST 103 N HAMPTON ST 715 W 5TH NORTH ST 100 N HAMPTON ST 716 W 5TH NORTH ST 104 CLEVELAND ST 711 W 5TH NORTH ST 121 N BIRCH ST 102 CLEVELAND ST 705 W 5TH NORTH ST 5/13/2024 1:1,690 0 0.01 0.02 0.04 mi Road Centerlines Summerville Parcels High Resolution 60cm Imagery ROAD- SCDOT-Dorchester County Dorchester Rezoning Parcels Request High Resolution 30cm Imagery 0 0.02 0.04 0.07 km ROAD- Town of Summerville Maxar, Microsoft World Imagery Citations Summerville Addresses Low Resolution 15m Imagery 30cm Resolution Metadata Lots 5 and 6 are the two lots requested for rezoning to N-MX.  HATCH LEGEND INTAINR/W V CONCRETE WYLIE SIDEWALK MCNAIR.DESIGN.DEVELOPMENT@GMAIL.COM 843-330-0296 STRE ARING TH CAROLI ET CONCRETE SO U ESSION ROF A ED NA ENGINEER 9" OAK UM 12" G 8.0 DRIVEWAY 14" OAK BUF 0 16" OAK 9" TUP ELO FER S-18 SE ICEN P D No. 38281 L AIR -425 10' S DA V IDE S ETBA 14" OAK CK .00 8" OAK 5 L CN 11" OAK R1 D 17" OAK I ELL I S M 40' R PAVEMENT 0 5.0 TH 1 R1 19 "P INE 14" OAK 12" OAK 21" OAK /W TH CAROL Y MA U I 10" GUM STRE CK SO NA 22" PINE 18" OAK TH 2 ETBA DRIVE MCNAIR 17" MAPLE 17" GUM DESIGN & DEVELOPMENT 22" OAK COUN ET AR S 14" GUM CONC No. 7191 I ZA IF T ION CERT 5' RE 24" PINE 18" P 8" GUM INE 5.00 CAT OR 8" OAK H T I TH 3 E OF AUT 18" PINE 16" OAK 12" OAK K EWA L 5' SID 18" OAK 110 & 112 WYLIE ST. TH 4 IRIS POND 18" MAPLE TMS#: 130-14-13-001 & 130-14-13-002 PIN E 9" OAK 19" PINE 16" OAK 17" PINE 14" OAK 2 0 " EX. PROPERTY LINE SUMMERVILLE, SC 29483 TH 5 12" OAK 15 24.00 BU .00 FF 14" OAK ID A ER 18.00 16.00 13" OAK " PIN E TH 6 16" MAPLE 16" PINE 9.00 22"OAK JAB . BO RIA AND CCAB 22 21" PINE 003 19" MAPLE 17" PINE 21" MAPLE NAJ E 18" MAPLE 13- LLA TH 7 21" PINE TMS LO AY 10' S IDE S 18" OAK ETBA # 1 T 4 SIM CK SITE INFORMATION 17" PINE 13" OAK 9" GUM 11" MAPLE PSO · TMS# 130-14-13-001 & 130-14-13-002 DAV 30- 14- · ACREAGE: 23" PINE 31" OAK N TRACT 1: TRACT 2: 0.492 ACRES 0.533 ACRES 20" OAK REVISION HISTORY · ZONING: GENERAL RESIDENTIAL (GR-5) 1. XX/XX/XX · REZONING: NEIGHBORHOOD MIX USE (N-MX) LOT SUMMARY: WEND · UNITS: 7 (25' x 110') Y G. T A AYLOR LOT REQUIREMENTS: MATTH ND E TMS # W K. TA · MIN. 20' WIDTH 130-1 Y 4-13- LOR · FRONT SETBACK: 0' DRAWN BY: DEM 01 0 DATE: 04/10/24 · SIDE SETBACK: 10' JOB #: XXXX · REAR SETBACK: 5' SITE PLAN DocuSign Envelope ID: 0CD39DBC-0DBD-47E1-B988-BB3E4B5FFB53 To Whom It May Concern, This letter is to serve as authorization from Wendy Taylor allowing McNair Design & Development to submit for, and obtain, a rezoning application from the Town of Summerville regarding 110 & 112 Wylie Street (TMS # 130-14-13-001 & 130-14-13-002). Wendy Tayor is the owners of the referenced property. Sincerely, ____________________ Title Owner ____________________