Standing Committee

PLANNING AND DEVELOPMENT COMMITTEE REPORT for November 6, 2017 5:30 PM TOWN HALL – Council Chambers 200 S. Main Street, Summerville, SC The Planning and Development Committee of Town Council met on November 6, 2017 at 5:30 PM. The meeting was held in Council Chambers of Town Hall, 200 S. Main Street, Summerville, SC. Committee members present included Christine Czarnik, Council District 2 and Chairman; Kima Garten-Schmidt, Council District 5; Mayor Wiley Johnson; Aaron Brown, Council District 1; Bill McIntosh, Council District 4, and Bob Jackson, Council District 6. Staff members present included Jessi Shuler, AICP, Director of Planning and other Town staff. The meeting was called to order immediately following the Parks and Recreation Committee at 5:37 PM by Ms. Czarnik. Old Business: The first item under old business was the proposed amendments to the Town Code, Chapter 32, Article III, Zoning Districts, Section 32-122 and repeal of Article V, Special Use Permits, Section 32-211 (5) Community Advocacy Facilities. Ms. Shuler read the agenda item into the record and explained that this item had been postponed by the Committee until this month’s meeting due to some concerns brought up in the October meeting. She explained that she had worked with the Town’s attorney, G.W. Parker, and a savings clause had been added to address those concerns. Mayor Johnson stated that he had spoken to the Chairman of the Planning Commission, and he felt that it needed to go back to that Commission before being considered by the Committee. Mr. Brown stated that he agreed that the Planning Commission should review the changes. All Committee members were in agreement that the item should be placed on the Planning Commission agenda for the November meeting. New Business: The first item under new business was the request to rezone TMS#s 136-16-10-051, 136-16-10-052, Simmons Avenue and Parkwood Drive, approximately 1.93 acres, and owned by G Tupper III Construction Inc. from R-1, Single-family Residential, to R-2, Single-family Residential. Ms. Shuler read the agenda item into the record and stated that the Planning Commission had recommended approval at their meeting on September 18, 2017. She explained that the property owner had requested that the item be postponed to this month’s meeting to allow him to address some concerns that were raised during the Planning Commission meeting. Ms. Czarnik asked Ms. Shuler to explain the difference between the R-1 and R-2 zoning districts. Ms. Shuler explained that the main difference is the minimum lot size, which is 20,000 square feet for R-1 and 8,500 square feet for R-2, but that R-1 does allow for accessory dwelling units (up to two per lot) and R-2 does not. She also stated that based on information from the property owner, he only planned to do five lots total. Mr. Jackson made a motion to move the rezoning on to Council, and Mr. McIntosh made the second. Mr. Brown stated that he felt that it was important that the Committee members be aware of the neighborhood concerns with density and drainage, and how Mr. Tupper was planning to address them. He asked Mr. Tupper to come forward to explain. Mr. Tupper came forward and explained that he had met with the Town’s Engineering Department, Elliott Locklair (civil engineer), and H&H Homes, which developed the adjacent lots, and they were in the process of developing a preliminary drainage plan. He also confirmed that he was requesting the R-2 zoning so that he could have five lots that all had full street frontage rather than having a flag lot. Mr. Tupper went on to state that all five of the lots were larger than the R-2 minimum lot size and the surrounding area was almost all R-2, including eight lots across the street. Mayor Johnson stated that if he understood correctly, the R-1 zoning would technically allow more dwelling units if you counted the accessory dwelling units, and Mr. Tupper stated that that was correct as he was only proposing the five lots with the R-2 zoning. Mayor Johnson then asked about needing a complete drainage plan first, and Mr. Tupper explained that it was an expensive process, and while he has done some preliminary work, he would like to make sure he has approval for the five lots before spending the additional money on the full drainage plan. Mr. Brown suggested that a full drainage study of the area should be considered as was being done in Robynwyn, which is grant-funded. He also stated that he appreciated Mr. Tupper meeting with the adjacent property owners and working to address their concerns. Following the discussion, Ms. Czarnik called for the vote, and the motion passed unanimously. The second item under new business was the petition by Tupper Joint Properties LLC to annex Dorchester County TMS#’s 144-00-00-022, 144-00-00-179, and 144-06-07-035 (approximately 66.09 acres) located along Tupperway Drive, Orangeburg Road, White Fence Lane, and O’Malley Drive, currently zoned R-4 Multifamily Residential and CN Neighborhood Commercial in Dorchester County and will be zoned PUD, Planned Development District upon annexation into the Town of Summerville’s municipal limits. Ms. Shuler read the agenda item into the record and stated that the Planning Commission had recommended approval at their meeting on October 16, 2017. Ms. Czarnik asked if their recommendation included the PUD document, and Ms. Shuler responded that it did. Ms. Czarnik then stated that she had some concerns about the impervious surface allowances as she felt they were greater than in any other zoning districts. Ms. Garten-Schmidt asked about the drainage plan for the property. Ms. Shuler explained that the owners were not planning on developing the property themselves; therefore, they wanted to leave some flexibility in the PUD to allow it to be developed over a longer period of time based on market conditions. Based on this information, both the site plan and the drainage plan are very conceptual in nature, and as pieces are sold off and developed a full drainage plan will be required that must meet all requirements. Mr. McIntosh asked for clarification on whether the property would be required to come into Town to be developed or if it could currently be developed in the County. Ms. Shuler confirmed that the property could be developed in the County if the property owners chose, as the existing County zoning allows for apartments, homes, and other businesses. Mr. Jackson asked for clarification about the traffic study and drainage plan requirements, and Ms. Shuler confirmed that at the time that the property is developed, additional traffic studies would be required based on the actual uses and intensities being built, and drainage plans would have to go through a full MS4 review and approval. Mayor Johnson asked for the total number of residences that would be allowed in the PUD, and Ms. Shuler stated that the maximum number of residential units allowed was 1,300 units. Mr. Jackson then stated that he felt that the bottom line was whether the Town wanted this property to be developed in the Town or in the County. Mr. Jackson made a motion to move the annexation forward to Council, and Mr. McIntosh made the second. Ms. Garten- Schmidt stated that her only concern was with traffic implications going forward. Ms. Czarnik called for the question, and the motion passed with Ms. Czarnik the lone vote in opposition. The third item under new business was the request to rezone TMS# 144-06-07-033, 120 Tupperway Drive, approximately 0.88 acres, and owned by Tupper Joint Properties, LLC from B-3, General Business, to PUD, Planned Development District. Ms. Shuler read the agenda item into the record and stated that the Planning Commission had recommended approval at their meeting on October 16, 2017 and that this property would be a part of the same PUD document as the previous agenda item. Ms. Czarnik asked for confirmation that this property was already in the Town and this was just a rezoning to add the property to the PUD, and Ms. Shuler confirmed. Mr. McIntosh asked if staff was aware of the intended use for this part of the PUD, and Ms. Shuler stated that the property was currently being used as a restaurant, and she was not aware of any proposed changes to that use in the near future. Mr. Brown made a motion to move this item to Council, and Mr. Jackson made the second. The motion passed with Ms. Czarnik the lone vote in opposition. The fourth item under new business was the request to rezone TMS# 130-15-06-001, 504 W. 5th North Street, approximately 0.97 acres, and owned by Judy Elizabeth Myers from R-1, Single Family Residential to B-1, Residential Business. Ms. Shuler read the agenda item into the record and stated that the property owner had changed their request from B-2 to B-1 at the Planning Commission meeting, and the Planning Commission had recommended approval at their meeting on October 16, 2017 for the B-1 zoning. She also explained that this property was related to the next rezoning request, but was listed separately since they are owned by different entities. Mr. Jackson asked for the uses allowed in the B-1 zoning district, and Ms. Shuler stated that B-1 allowed for professional and medical offices, handicraft shops, and group daycare homes of no more than 12 clients, and is the Town’s most restrictive business zoning. Mr. McIntosh made a motion to move both items e and f (504 and 502 W. 5th North Street) forward to Council, and Mr. Brown made the second. Mr. McIntosh stated that this section of Highway 78 has been moving from residential to this type of business for years, and he appreciates the change to B-1 because everyone is clear on what should be allowed in that district as opposed to B-2. Mayor Johnson asked if this would be considered spot zoning since none of the immediately adjacent properties are zoned business. Ms. Shuler responded that it would not be considered spot zoning as there are other B-1 zoned properties in close proximity, and this request is in line with the Town’s Comprehensive Plan. Ms. Czarnik asked if these properties both fronted Highway 78, which would be widened in the near future, and Ms. Shuler confirmed that they did. Mayor Johnson stated that he did want to let the Council members know that he had received one email objecting to the rezoning, and he asked if a specific use had been identified for these properties at this time. Ms. Shuler responded that 502 was proposed to be purchased to be used by The Ark of Summerville for their Alzheimer’s group daycare, and 504 did not have a specific buyer at this time. He stated that he would make the email he received available to all Council members. Mayor Johnson then asked for confirmation that the Comprehensive Plan planned for commercial all along this section of Highway 78, and Ms. Shuler confirmed that it did call for commercial or a mix of commercial and residential. Following the discussion, Ms. Czarnik called for the question, and the motion passed unanimously. The fifth item under new business was the request to request to rezone TMS# 130-15-06-003, 502 W. 5th North Street, approximately 1.04 acres, and owned by Trust BGM from R-1, Single Family Residential to B-1, Residential Business. This item was combined with the previous item. Following no additional business or discussion, the meeting was adjourned at 6:08 PM. Respectfully submitted, Jessi Shuler, AICP November 7, 2017 Director of Planning