Planning Commission

Town of Summerville Planning Commission July 15, 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 June 17, 2024. II. PUBLIC HEARINGS: (public hearing notice in Post & Courier on 6.30.24 and signs posted on the property on 6.28.24) 1. Request to rezone TMS# 145-07-05-055, located at 122 Pebbles Lane, totaling approximately 4.67 acres, and owned by Pebbles Brunson, from GR-5, General Residential (5 units/acre), to AC, Agricultural Conservation. (Council District 3) 2. Proposed amendments to the Summerville Unified Development Ordinance, Chapter 13 III. OLD BUSINESS: IV. NEW BUSINESS: 1. New Street Names (as needed) a. The One at Summerville Apartments (one name needed): Brickell Ave. 2. Request to rezone TMS# 145-07-05-055, located at 122 Pebbles Lane, totaling approximately 4.67 acres, and owned by Pebbles Brunson, from GR-5, General Residential (5 units/acre), to AC, Agricultural Conservation. (Council District 3) 3. Proposed amendment to the Summerville Unified Development Ordinance, Chapter 13 V. MISCELLANEOUS: VI. ADJOURNMENT: ____________________________________ Chairperson or Vice Chairperson Posted July 8, 2024  The Town of Summerville Planning Commission Meeting Minutes June 17, 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; Jim Bailey; Charlie Stoudenmire; and Elaine Segelken. Tom Hart 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 4:00 PM. Approval of Minutes: The Chairman asked if there were any edits or additions to the minutes from the meeting on May 20, 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 Michael C. Fox, Stefan Colucci, William Colucci, Alice Norton, Kim Colucci Lizzi, and Robert Colucci to annex TMS# 152-00-00-026, located at 400 Murray Blvd., totaling approximately 12.81 acres. Currently zoned TRM, Transitional Residential District, in Dorchester County and will be zoned N-R, Neighborhood Residential, upon annexation into the Town of Summerville’s municipal limits. (Council District 5). Mr. Reaves introduced the item. Ms. Shuler read the staff report into the record and then asked the applicant to present the request. Mark Matthewson with Center Park Homes provided a conceptual sketch of the development and confirmed that they would be willing to put in place deed restrictions to only allow single-family detached homes with a minimum lot size of 5,000 square feet. He explained that they’d looked to the RA D FT surrounding in town development of Limehouse Village for the lot size, and they would be proposing approximately 58 lots. Ms. Segelken asked if he knew the lot sizes of the lots in Summerville Farms, and Mr. Matthewson responded that he wasn’t sure, but would guess about an acre or half an acre. Robert Ford of 108 Murray Blvd. noted that his property touches this property. He explained that he had to sign covenants when he bought his property that required a minimum lot size of one acre, so he doesn’t know how this property could get around those covenants. He added that he’d bought a house in the neighborhood for the privacy and the quiet. He opposes the proposed zoning. Eric Griffin of 10790 Dorchester Rd. explained that this proposed zoning and development would completely change the landscape of the neighborhood. Eight homes per acre would be a significant difference from one per acre, which would destroy the look and feel that he bought for. He is also concerned about the traffic that would be generated, as 58 homes is a lot of homes for a small rural road. Theresa Halverson stated that she represented the heirs and wanted to speak on their behalf. They would like to sell the property, and Center Park Homes builds a very good home that is very aesthetically pleasing. Due to the proximity of Dorchester Road and the need for more affordable housing for employees, they feel that this is the highest and best use of the property. Mark Turner of 409 Murray Blvd. noted that he lived directly across the street from the property. He stressed that this proposal is completely against what the original owners would have wanted. There is already too much traffic, and there are numerous grand oaks all over the property that are irreplaceable. Mr. Turner stated that he originally thought that Center Park Homes would be proposing ½ acre to ¾ acre lots like they are doing in Ridgeville, which he wouldn’t have a problem with, but the existing infrastructure, roads, and sewage will not support 58 lots. The neighbors have already had to deal with a storage unit business coming in, and they don’t want this many homes. The road is already falling apart. Plus, the Town’s ordinances state that the zoning should be as close as possible to the existing zoning, and the TRM zoning has a minimum lot size of one acre. Eric Matsko of 103 Murray Blvd. stated that he agreed with his neighbors and only had a couple of comments to add. He explained that Murray Blvd. is barely a two-lane road with no painted lines, and there are existing drainage issues in the neighborhood. He would like the lots to stay the way they are now. Hearing no public comment, this public hearing was closed at 4:20 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 did not have any street names for consideration. The second item under New Business was the petition by Michael C. Fox, Stefan Colucci, William Colucci, Alice Norton, Kim Colucci Lizzi, and Robert Colucci to annex TMS# 152-00-00-026, located at 400 Murray Blvd., totaling approximately 12.81 acres. Currently zoned TRM, Transitional Residential District, in Dorchester County and will be zoned N-R, Neighborhood Residential, upon annexation into the Town of Summerville’s municipal limits. (Council District 5). Mr. Bailey recused himself from this agenda item. Mr. Carroll made a motion to recommend approval. Receiving no second, that motion failed. Ms. Segelken then made a motion to recommend denial of the annexation with a zoning of N-R, and Mr. Carroll made the second. Mr. Carroll explained that he believes that the density requested is far RA D FT beyond what should be there and will support the motion to deny. Ms. Segelken stated that she appreciates those that showed up to speak, although she wishes that some would not assume they knew how the Planning Commission would vote. Following the comments, Mr. Reaves then called for the question and the motion passed 4-0. Ms. Shuler then explained that this recommendation for denial will now go to the Planning & Development Committee of Council for a recommendation at their July meeting and then to full Council. Miscellaneous: Mr. Reaves reminded the Commission members about their training responsibilities and that staff had sent out a webinar training opportunity for June 20th. Adjourn With no further business for the Commission, Ms. Segelken made a motion to adjourn with Mr. Bailey making the second. The motion carried and the meeting was adjourned at 4:25 PM. Respectfully Submitted, Date: __________________________ Jessi Shuler, AICP Director of Planning Approved: _________________________________________________ Jim Reaves, Chairman or Jim Bailey, Vice Chairman  REZONING STAFF REPORT PLANNING COMMISSION July 15, 2024 Owner and Applicant: Pebbles Brunson TMS#: 145-07-05-055 Location: 122 Pebbles Ln. Description: One parcel totaling approximately 4.67 acres Request: Rezoning to A-C, Agricultural Conservation, from GR-5 The applicant is requesting the above referenced parcel be rezoned from GR-5 to AC. The applicant noted the following as their reason for the request: “Land has been used agriculturally for generations. I'm currently a horticulture student and have realized the benefits of agricultural land. I have plans for a future "Agri-hood" or farmer owned co-op type business in the future.” This property is 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. The property does already have one existing home, and based on aerial imagery, at least approximately ¾ of an acre of the property has been used for growing crops in the recent past. The AC zoning is intended to provide areas generally of five acres or more that are undeveloped or used for agriculture, farming, or conservation. The minimum lot size for the AC zoning district is five (5) acres. The applicant will be going before the Board of Zoning Appeals (BZA) on July 16th to request a lot size variance. The adjacent property, which fronts Gahagan Road, is also zoned AC, and is only 4.89 acres, although it is an existing nonconforming lot. This property is also accessed off of a small, private, unpaved road. Although the proposed zoning does not meet the Town’s Future Land Use Plan, given the adjacent zoning, the historic use of the property, and the location of and access to the property, the zoning of AC is recommended for approval, dependent upon the BZA granting the lot size variance.  Rezoning Exhibit Egr et L n B a yb e r ry R u n 120 TOWHEE DR 108 EGRET LN h Ln Thrus 201 TOWHEE DR 110 EGRET LN 746 GAHAGAN RD 106 TEA OLIVE CT 202 TOWHEE DR 203 TOWHEE DR 102 BAYBERRY RUN 104 TEA OLIVE CT 204 TOWHEE DR G ah ag a n R d r e e D Tow h 106 BAYBERRY RUN 102 BUNTING CT 108 BAYBERRY RUN 103 BUNTING CT 110 BAYBERRY RUN 122 PEBBLES LN 112 BAYBERRY RUN 820 GAHAGAN RD 123 PEBBLES LN 114 BAYBERRY RUN A ar on Ln s Ln ble Peb Rd mi son M i le s J a M il es Rd 7/8/2024 1:2,922 0 0.02 0.04 0.08 mi Road Centerlines Summerville Addresses AC ROAD- Dorchester County Summerville Zoning Dorchester Parcels 0 0.03 0.07 0.13 km Esri Community Maps Contributors, City of Charleston, Charleston County ROAD- SCDOT-Dorchester County PUD Rezoning Request GIS, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, ROAD- Town of Summerville GR-5  Rezoning Exhibit Aerial 120 TOWHEE DR 108 EGRET LN 201 TOWHEE DR 110 EGRET LN 746 GAHAGAN RD 106 TEA OLIVE CT 202 TOWHEE DR 203 TOWHEE DR 102 BAYBERRY RUN 104 TEA OLIVE CT 204 TOWHEE DR 106 BAYBERRY RUN 102 BUNTING CT 108 BAYBERRY RUN 103 BUNTING CT 110 BAYBERRY RUN 122 PEBBLES LN 112 BAYBERRY RUN 820 GAHAGAN RD 123 PEBBLES LN 114 BAYBERRY RUN 7/8/2024 1:2,922 0 0.02 0.04 0.08 mi Road Centerlines Summerville Addresses World Imagery High Resolution 30cm Imagery ROAD- Dorchester County Summerville Parcels Low Resolution 15m Imagery Citations 0 0.03 0.07 0.13 km ROAD- SCDOT-Dorchester County Dorchester Parcels High Resolution 60cm Imagery 60cm Resolution Metadata Maxar, Microsoft ROAD- Town of Summerville Rezoning Request  UDO AMENDMENT STAFF REPORT PLANNING COMMISSION July 15, 2024 Proposed amendments to the Unified Development Ordinance, Chapter 13, Administration, Sections 13.3.1, 13.4.1, and 13.7.2 Reason for request: These amendments are being requested based on input from the Town’s Attorney. Section 13.3.1 is being amended, as the Town cannot indemnify anyone. Section 13.4.1 and 13.7.2 are being amended because an appeal cannot directly go to the Master-In- Equity. Masters-In-Equity have jurisdiction in matters referred to them by the Circuit Court, so an appeal must first go to the Circuit Court. 2  ORDINANCE AN ORDINANCE TO AMEND THE UDO, CHAPTER 13, SECTION 3.1, SUBSECTION (O) TO DELETE THE TOWN’S INDEMNIFICATION CLAUSE WHEREAS, it is well settled under the Constitution of the State of South Carolina, State Statutes and the case law decided thereunder, a municipality may not indemnify any business or individual, and WHEREAS, the UDO, Chapter 13, Section 3.1, Subsection (O) contains an indemnification provision which needs to be deleted. NOW THEREFORE, be it Ordained by the Mayor and Members of Town Council duly assembled: 1. The above recitals are hereby incorporated into this Ordinance to the same extent as if set out verbatim. 2. The UDO, Chapter 13, Section 3.1, Subsection (O) is amended so that it will hereafter read: O. Liability of Members: Any member acting within the powers granted by this Ordinance is relieved from all personal liability for any damage. Any suit brought against any member of a Board/Commission for decisions rendered shall be defended by a legal representative furnished by the Town until the termination of the procedure AND, IT IS SO ORDAINED! Dated this day of , 2024 A.D. ____________________________________ Russ Touchberry, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk Public Hearing: ___________ First Reading: _____________ Second Reading: ___________  ORDINANCE AN ORDINANCE TO AMEND THE UDO, CHAPTER 13, SECTIONS 4.1 and 7.2(G) SO AS TO CORRECT AN ERROR THAT THE APPEAL OF A DENIAL OF A BUILDING PERMIT SHALL BE TAKEN TO THE MASTER OF EQUITY (sic) AND PROVIDE THAT AN APPEAL SHALL BE TAKEN TO THE CIRCUIT COURT. WHEREAS, only the Circuit Courts of the State of South Carolina can delegate the cases which are to be heard by the Master-In-Equity, and WHEREAS, appeals cannot be filed directly with the Master-In-Equity. NOW THEREFORE, be it Ordained by the Mayor and Members of Town Council duly assembled: 1. The above recitals are hereby incorporated into this Ordinance to the same extent as if set out verbatim. 2. The chart in UDO Chapter 13, Section 4.1 in hereby amended so that it will reflect appeals for the denial of a building permit be taken to Circuit Court. 3. The UDO Chapter 13, Section 7.2 Building Permit, Subsection G. is hereby amended so that it will hereafter read: G. Appeals: Appeals of Building Permit applications denied by Town Staff shall be taken to the Circuit Court within 30 days of the decision, in accordance with the procedures found in Section 13.10.2. AND, IT IS SO ORDAINED! Dated this day of , 2024 A.D. ____________________________________ Russ Touchberry, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy, Town Clerk Public Hearing: ____________ First Reading: _____________ Second Reading: ___________