Standing Committee

STATE OF SOUTH CAROLINA ) FIFTH AMENDMENT ) TO NEXTON DEVELOPMENT COUNTY OF BERKELEY ) AGREEMENT THIS FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT (this “Fifth Amendment”) is made and entered into to be effective as of this________ day of _____, 2022, by and between NASH-NEXTON Holdings, LLC, a Delaware limited liability company (“Property Owner”), and the Town of Summerville, a political subdivision of the State of South Carolina (the “Town”). RECITALS: WHEREAS, the Town, MWV-Sheep Island, LLC (“Sheep”), MWV-Parks of Berkeley, LLC (“Parks”), and MWV Community Development and Land Management, LLC (“CDLM”) (“Sheep Island,” “Parks,” and “CDLM” collectively hereinafter, “Original Property Owner”), entered into that certain Nexton Development Agreement (formerly known as the Parks of Berkeley/Sheep Island Tract Development Agreement) (the “Development Agreement”) with an effective date of April 27, 2011, and recorded on April 28, 2011, in the Berkeley County Register of Deeds Office (the “ROD Office”) in Volume 8913 at Page 1; and WHEREAS, the Town and the Original Property Owner entered into that certain First Amendment to Development Agreement (the “First Amendment”) with an effective date of February 8, 2012, and recorded on February 23, 2012, in the ROD Office in Volume 9331 at Page 284; and WHEREAS, the Town and the Original Property Owner entered into that certain Addendum to Development Agreement (the “Addendum”) with an effective date of March 29, 2012, and recorded on March 30, 2012, in the ROD Office in Volume 9392 at Page 17; and WHEREAS, the Town and the Original Property Owner entered into that certain Second Addendum to Development Agreement (the “Second Addendum”) with an effective date of February 14, 2013 and recorded February 19, 2013, in the ROD Office in Volume 9963, at Page 54; and WHEREAS, the Town and Original Property Owner entered into that certain Second Amendment to Development Agreement (the “Second Amendment”) with an effective date of August 14, 2013, and recorded on August 23, 2013, in the ROD Office in Volume 10333 at Page 225; and WHEREAS, the Town, Sheep, and Parks entered into that certain Third Amendment to Development Agreement (the “Third Amendment”) with an effective date of June 6, 2014, and recorded on June 11, 2014, in the ROD Office in Volume 10798 at Page 1; and 1 NPCHAR1:3156467.1  WHEREAS, the Town, Sheep, and Parks entered into that certain Fourth Amendment to Development Agreement (the “Third Amendment”) with an effective date of February 21, 2017, and recorded on February 21, 2017, in the ROD Office in Volume 2396 at Page 19; (the “Development Agreement”, “First Amendment”, “Addendum”, “Second Addendum”, the “Second Amendment”, the “Third Amendment” and the “Fourth Amendment” collectively hereinafter the “Agreement”); and WHEREAS, Sheep and Parks assigned its rights and obligations under the Development Agreement to Property Owner under that certain Partial Assignment of Rights and Obligations Under Development Agreement effective _______ and recorded on _________ in the ROD Office in Volume _______ at Page _______; and WHEREAS, CDLM no longer has a legal or equitable interest in the Real Property and therefore is no longer a Property Owner as defined in the Agreement, Act and/or Town Ordinance Number 06-1002, §1-11; and WHEREAS, on ________, Town Council adopted Ordinance Number _______, which amended the Planned Unit Development for Nexton (“PUD”) to annex Berkeley County TMS Nos. 221-007-05-132 and 221-07-05-133 (“Additional Property”) into the Town and simultaneously incorporate it into the PUD; and WHEREAS, the Town and Property Owner desire to amend the Agreement to: (1) add the Additional Property to the Agreement; and (2) add the partially amended and restated PUD; and WHEREAS, pursuant to the Code of Laws of South Carolina Section 6-31-60 and Town Ordinance Number 06-1002, §§1-11, the Town conducted a public hearing regarding the consideration of this Fifth Amendment on July ____, 2022, after publishing and announcing notice; NOW, THEREFORE, in consideration of the foregoing and the terms and conditions set forth in this Fifth Amendment, the receipt and sufficiency of such consideration being acknowledged by the parties and pursuant to the South Carolina Local Government Development Agreement Act, codified as S.C. Code Section 6-31-10 through 6-31-166, as amended, and Town Ordinance Number 06-1002, §§1-11, the parties to this Fifth Amendment, intending to be legally bound, agree as follows: 1. Recitals. The recitals set forth above are incorporated herein by reference. 2. Additional Property. The Town and Property Owner agree to add the Additional Property, as more particularly described and shown on the attached Exhibit A, which is incorporated herein by reference, to the Development Agreement, as permitted pursuant to Section of the Development Agreement. 3. PUD Amendment. The Town and Property Owner agree that the Agreement shall be amended to incorporate the partially amended and restated PUD attached as Exhibit B and incorporated herein by reference to the Development Agreement. 2 NPCHAR1:3156467.1  4. Effect. Terms and provisions of the Agreement that are not expressly modified by this Fifth Amendment shall remain in full force and effect. All of the provisions of the Agreement unambiguously affected by this Fifth Amendment shall be deemed amended, whether or not actually specified herein, if such amendment is clearly necessary to effectuate the intent of the parties hereto and shall only apply to the Real Property that the Property Owner retains ownership to as of the effective date of this Fifth Amendment. The Agreement, as modified hereby, is hereby ratified and approved in all respects. 5. Limitation of Applicability. The provisions of this of the Fifth Amendment shall only be in full force and effect for the Real Property that Property Owner retains ownership to as of the effective date of this Fifth Amendment and specifically does not apply to any other property. Nothing herein shall modify or amend the Agreement as it specifically pertains to the any other property, which Agreement shall remain in full force and effect, in its entirety without regard to this Fifth Amendment for any other property. 6. Final Agreement. The Agreement, as amended by the Fifth Amendment, represent the final agreement between the parties regarding the subject matter hereof and may not be contradicted by evidence of prior, subsequent or contemporaneous oral agreements of the parties. No amendment or modification hereto shall be valid and binding unless expressed in writing and executed by both parties hereto. 7. Counterparts. This Fifth Amendment may be executed in counterparts, and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one such counterpart in proving this Fifth Amendment. 8. Severability. If any provision of this Fifth Amendment is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Fifth Amendment and the Agreement shall nonetheless remain in full force and effect. 9. Applicable Law. This Fifth Amendment is enforceable in the State of South Carolina and shall in all respects be governed by, and construed in accordance with, the substantive federal laws of the United States and the laws of the State of South Carolina. 10. Captions. The section headings appearing in this Fifth Amendment are for convenience of reference only and are not intended, to any extent for the purpose, to limit or define the test of any section or any subsection hereof. 11. Construction. The parties acknowledge that the parties and their counsel have reviewed and revised this Fifth Amendment and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Fifth Amendment or any exhibits or amendments hereto. [SEPARATE SIGNATURE PAGES ATTACHED] 3 NPCHAR1:3156467.1  IN WITNESS WHEREOF, this Amendment has been executed by the parties as of the day and year first above written. Witness: TOWN OF SUMMERVILLE ___________________________ By:______________________________ Ricky Waring, Mayor ___________________________ Attest:___________________________ __________________, Clerk of Town Council STATE OF SOUTH CAROLINA ) ) ACKNOWLEDGMENT COUNTY OF DORCHESTER ) I, ____________________, Notary of the Public of the State of South Carolina, do hereby certify that the Town of Summerville, by Ricky Waring, its Mayor, and _______________, its Clerk of Town Council, personally known to me, appeared before me this ____ day of _______________________, 2022, and acknowledged the execution of the foregoing instrument. ____________________________________ Notary Public for South Carolina My Commission Expires: ________________ 4 NPCHAR1:3156467.1 Witnesses: NASH – Nexton Holdings, LLC, a Delaware limited liability company _____________________________ By: Brookfield Newland Development LLC, a Delaware limited liability company Its: Agent/Development Manager _____________________________ By: _________________________ J. Brent Gibadlo Its: Vice President STATE OF SOUTH CAROLINA ) ) ACKNOWLEDGMENT COUNTY OF BERKELEY ) I, ____________________, Notary of the Public of the State of South Carolina, do hereby certify that NASH-Nexton Holdings, LLC, by Brookfield Newland Development LLC, its Agent/Development Manager, by J. Brent Gibadlo, its Vice being President, being personally known to me, appeared before me this ____ day of _______________________, 2022, and acknowledged the execution of the foregoing instrument. ____________________________________ Notary Public for South Carolina My Commission Expires: ________________ 5 NPCHAR1:3156467.1  Exhibit A Legal Description ALL that certain piece, parcel or lot of land, situate, lying and being in the Town of Summerville, County of Berkeley, State of South Carolina, shown and designated as “ADJUSTED/RESIDUAL “LOT 31A” TMS NO. 221-07-05-132 NEW AREA 537,182 SF – 12.332 AC” on a plat entitled “ADJUSTED/RESIDUAL “LOT 31A”, ADJUSTED “LOT 31B”, ADJUSTED “HOA NO. 29B” AND NEW “LOT 31C” OF NEXTON SHOWING THE PROPERTY LINE ADJUSTMENT BETWEEN LOT 31A (TMS NO. 221-07-05-132), LOT 31B (TMS NO. 221-07-05-130) AND HOA AREA NO. 29B (TMS NO. 221-11-01-162) AND THE SUBDIVISION LOT 31A TO CREATE NEW “LOT 31C” OWNED BY NASH – NEXTON HOLDINGS, LLC LOCATED IN THE TOWN OF SUMMERVILLE & BERKELEY COUNTY, S.C.” prepared by Johnathan F. Burns, PLS #22742, of GPA Inc., dated April 21, 2022, and recorded May 17, 2022, at Instrument Nos. 2022020281 – 2022020282, in the Office of the Register of Deeds for Berkeley County, South Carolina, reference to which is hereby craved for a more complete description. TMS No. 221-07-05-132 ALL that certain piece, parcel or lot of land, situate, lying and being in the Town of Summerville, County of Berkeley, State of South Carolina, shown and designated as “NEW “LOT 31C” PORTION OF TMS NO. 221-07-05-132 370,320 SF - 8.501 AC” on a plat entitled “ADJUSTED/RESIDUAL “LOT 31A”, ADJUSTED “LOT 31B”, ADJUSTED “HOA NO. 29B” AND NEW “LOT 31C” OF NEXTON SHOWING THE PROPERTY LINE ADJUSTMENT BETWEEN LOT 31A (TMS NO. 221-07-05-132), LOT 31B (TMS NO. 221-07-05-130) AND HOA AREA NO. 29B (TMS NO. 221-11- 01-162) AND THE SUBDIVISION LOT 31A TO CREATE NEW “LOT 31C” OWNED BY NASH – NEXTON HOLDINGS, LLC LOCATED IN THE TOWN OF SUMMERVILLE & BERKELEY COUNTY, S.C.” prepared by Johnathan F. Burns, PLS #22742, of GPA Inc., dated April 21, 2022, and recorded May 17, 2022, at Instrument Nos. 2022020281 – 2022020282, in the Office of the Register of Deeds for Berkeley County, South Carolina, reference to which is hereby craved for a more complete description. TMS NO. 221-07-05-133 NPCHAR1:3156467.1  Exhibit B Partial Restated and Amended PUD NPCHAR1:3156467.1 June 09, 2022 Ms. Jessi Shuler Town of Summerville 200 South Main Street Summerville, SC 29483 Nexton PUD Amendment Summerville, South Carolina In April 2011, Summerville Town Council approved the Planned Unit Development (PUD) for 392.06 acres of land known as Parks of Berkeley/Sheep Island Tract. Following this approval, the PUD has been amended or modified numerous times with the last amendment in February of 2017. Since that time, development plans have continued to evolve, and an additional area has been identified to be annexed into the Town of Summerville. As a result, Nash-Nexton Holdings LLC requests annexation of two parcels currently shown as TMS 221-07-05-132 and 133, currently located in unincorporated Berkeley County, and totaling 20.83 acres (see attachment 1-Annexation Exhibit). Along with the annexation, Nash-Nexton Holdings LLC requests an amendment of the PUD to include the annexed property and make the following updates: The following tables list the parcels that are included or excluded in this request: The following tables list the parcels that are included or excluded in this request: I. Property Included in PUD Amendment The following table list the parcels included in the amendment: TMS No. Area (acres) Ownership 221-00-00-188 22.74 Nash-Nexton Holdings LLC 221-00-00-215 38.61 Nash-Nexton Holdings LLC 221-00-00-157 14.28 Nash-Nexton Holdings LLC 221-00-00-195 1.00 Nash-Nexton Holdings LLC 221-07-05-132 12.332 Nash-Nexton Holdings LLC 221-07-05-133 8.501 Nash-Nexton Holdings LLC The Parcel Map has been updated to include the annexed property within the Nexton PUD limits and to reflect properties included in the amendment (see attachment 2-Updated Parcel Map). II. Proposed Land Uses and Intensities The Land Use Plan has been updated as a result of the additional property being annexed, modified development plans, and an updated traffic memo (see attachment 3-updated Land Use Plan). The following are additional land use intensities being requested in addition to those approved with the 4th Amendment in 2017: Attachment 1: Annexation Exhibit  LEGEND AREA TO BE ANNEXED (APPROX. 20.83 AC.) PROPOSED TOWN OF SUMMERVILLE LIMITS Y YELLOW HATCH DENOTES 20.83 AC. TO BE ANNEXED TO TOWN OF SUMMERVILLE P KW (PREVIOUSLY PORTIONS OF TMS NO. 221-07-05-132) ON XT NE BR I GHT ON PA RK BL VD SI GMA DR I V E Attachment 2: Parcel Map 133 TMS #221-07-05-133 Attachment 3: Land Use Plan NEXTON COMMERCIAL DISTRICT (MIXED USE) Attachment 4: Traffic Memo Memorandum To: Brent Gibadlo, Nexton From: Jennifer T. Bihl, PE, PTOE, RSP2I Date: June 6, 2022 Re: Town of Summerville Nexton Crescent Area Annexation - Traffic Memo This memo reviews the traffic components for the Nexton Crescent Area annexation. Details of the specific area and TMS numbers associated with this annexation are included in the amended PUD document. The Crescent Area was programmed with the following land uses as part of the background conditions in the Town of Summerville Nexton PUD traffic study (November 22, 2016):  300,000 square feet (sf) office  101 beds assisted living  40,000 sf retail  300 multifamily units As part of the Crescent Area annexation, the following land uses will be shifted from the Berkeley County Nexton PDMU to the Town of Summerville Nexton PUD and will become Town of Summerville Nexton PUD trips.  300,000 sf office  101 beds assisted living  40,000 sf retail  90 multifamily units The remaining 210 multifamily units are associated with the portion of Crescent Area (TMS #221-07-05- 130) that is not part of this annexation request. As a result, the property and associated land uses will remain part of Berkeley County Nexton PDMU and accounted for as part of the background conditions land uses. Summary The overall trip projections will remain the same as noted in the Town of Summerville Nexton PUD traffic study. This annexation will shift trip projections from the background trips category to project trips category. As individual parcels are taken down in the PUD, site specific traffic analysis will be completed. 306 Meeting St., Suite 300, Charleston, SC 29401 Mail: PO Box 31318 (29417) P: 843-637-9187 1  ORDINANCE TO ANNEX TO, AND INCORPORATE WITHIN THE CORPORATE LIMITS OF THE TOWN OF SUMMERVILLE, THE PARCELS OWNED BY NASH-NEXTON HOLDINGS, LLC, ADJACENT TO THE BOUNDARY LINE OF THE TOWN, AS DESCRIBED ON THE DEED AND PREPARED PLAT ATTACHED HERETO AND INCORPORATED BY REFERENCE AND TO AMEND THE EXISTING PLANNED UNIT DEVELOPMENT FOR NEXTON TO INCLUDE THESE PARCELS FOR PURPOSES BELOW: WHEREAS, the owner of the real estate designated as Berkeley County TMS#s 221-07-05-132 and 221-07- 05-133, located on Brighton Park Blvd., described as approximately 20.833 acres, has petitioned the Town Council of the Town of Summerville to annex into the Town of Summerville and to amend the existing Planned Unit Development for Nexton to include these parcels. NOW, THEREFORE BE IT ORDAINED by the Mayor and Members of Town Council duly assembled; SECTION I. That the described land on the attached deed and prepared plat, contiguous to the boundary of the Town of Summerville is hereby annexed to, taken into and made a part of the Town of Summerville and including the public roadway (s) immediately adjacent to the property lines of the parcel for the purposes of providing public service to the parcel. SECTION II. That the existing Planned Unit Development for Nexton be amended to include the described lands on the attached deed and prepared plat to be used for the purposes of general office, shopping center/retail, assisted living, and multi-family uses as described in the PUD amendment. SECTION III. That the properties above described and hereby annexed shall be Zoned PUD “Planned Development” and be classified as PUD “Planned Development” under the Zoning Ordinance of the Town of Summerville; and, that the existing PUD for Nexton be amended to include these parcels for the uses as described herein. Ratified this day of , 2022 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: ___June 20, 2022__ FIRST READING: _________________ SECOND READING: ____  ORDINANCE TO ANNEX TO, AND INCORPORATE WITHIN THE CORPORATE LIMITS OF THE TOWN OF SUMMERVILLE, THE PARCEL OWNED BY CARROLL S BROWN & BLACKARD CROSSCREEK, LLC, ADJACENT TO THE BOUNDARY LINE OF THE TOWN, AS DESCRIBED ON THE DEED AND RECORDED PLAT ATTACHED HERETO AND INCORPORATED BY REFERENCE: WHEREAS, the owner of the real estate designated as Dorchester County TMS # 161-04-03-002, located on Crosscreek Drive and totaling approximately 6.18 acres, has petitioned the Town Council of the Town of Summerville to annex into the Town of Summerville. NOW, THEREFORE BE IT ORDAINED by the Mayor and Members of Town Council duly assembled; SECTION I. That the described land on the attached deed and recorded plat, contiguous to the boundary of the Town of Summerville is hereby annexed to, taken into and made a part of the Town of Summerville and including the public roadway(s) immediately adjacent to the property lines of the parcel for the purposes of providing public service to the parcel. SECTION II. That the properties above described and hereby annexed shall be Zoned UC-MX “Urban Corridor Mixed-Use” and be classified as UC-MX “Urban Corridor Mixed-Use” under the Zoning Ordinance of the Town of Summerville. Ratified this _______ day of ____________, 2022 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: ______June 20, 2022_ __ FIRST READING: _____ ___________ _______ SECOND READING: ______ _____ 67$7(2)6287+&$52/,1$        3(7,7,21)25$11(;$7,21 &2817<2) Berkeley    727+(+2125$%/(0$<25$1'72:1&281&,/2)6800(59,//( :+(5($66(&7,21  &RGHRIODZVRI6RXWK&DUROLQDSURYLGHVIRUWKHDQQH[DWLRQRIDQ DUHDRUSURSHUW\ZKLFKLVFRQWLJXRXVWRD7RZQE\ILOLQJZLWKWKHPXQLFLSDOJRYHUQLQJERG\DSHWLWLRQVLJQHG E\DOOSHUVRQVRZQLQJUHDOHVWDWHLQWKHDUHDUHTXHVWLQJDQQH[DWLRQDQG :+(5($6WKHXQGHUVLJQHGDUHDOOSHUVRQVRZQLQJUHDOHVWDWHLQWKHDUHDUHTXHVWLQJDQQH[DWLRQDQG :+(5($6WKHDUHDUHTXHVWLQJDQQH[DWLRQLVGHVFULEHGDVIROORZVWRZLW 6$,'3523(57<ORFDWHGDW Brighton Park Blvd. - Lots 31A & 31C DSSUR[LPDWHO\20.833 DFUHV WREHDQQH[HG LVLGHQWLILHGE\WKH Berkeley &RXQW\$VVHVVRU¶V2IILFHDV3URSHUW\,GHQWLILFDWLRQ1XPEHU 706 221-07-05-132 WRLQFOXGHLIQHFHVVDU\WRHVWDEOLVKFRQWLJXLW\DQ\URDG ZDWHUZD\HDVHPHQWUDLOURDGWUDFNPDUVKODQGRUXWLOLW\OLQHWKDWLQWHUYHQHVEHWZHHQWKLVSURSHUW\DQGWKH PXQLFLSDOOLPLWVRIWKH7RZQRI6XPPHUYLOOH 12:7+(5()25(WKHXQGHUVLJQHGSHWLWLRQWKH7RZQ&RXQFLORI6XPPHUYLOOHWRDQQH[WKHDERYHGHVFULEHG DUHDLQWRWKHPXQLFLSDOOLPLWVRIWKH7RZQRI6XPPHUYLOOH 21st 'DWHGWKLV  GD\RI May 22  )5((+2/'(56 2:1(56 6,*1(' '$7(2)6,*1$785( 5/21/22 6LJQDWXUH  'DWH  J. Brent Gibadlo 3ULQW1DPH  6LJQDWXUH  'DWH  3ULQW1DPH   D ER G D O SL N O T N E B V D L SB R E L N L VE W R A LO T D S YR IN LE W L O R LDT O OS SCE RE R KD R C N L IEW G V RIN P S A nnex atio nandZ onin gtoU C-M X A nne xatio nRe q u est N -R P L Z onin g P U D H I 2022 U C-M X D isclaimer:T hismapisagrap hicrep resentationo fdataob tainedfro m vario usso urces. Allefforts F M-R hav eb eenm adetow arran tth eaccu racyo f thismap;ho ev w er,th eT 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  ORDINANCE To Amend the Zoning Map of the Town of Summerville BE IT ORDAINED, by the Mayor and Town Council of the Town of Summerville in Council assembled that the approximately 0.936 acres owned by Gary A. Charpia and Leonard A. & Sylvia L. Holmes, respectively, located at 911 D Central Avenue and 911 B & C Central Avenue and known as Dorchester TMS#s 136-12-04-106 and 136-12-04-108, be rezoned to the classification of N-B, “Neighborhood Business” from the classification of GR-5 “General Residential (5 units/acre).” The Zoning Map of the Town of Summerville is hereby amended so as to incorporate this change. Ratified this day of , 2022. Ricky Waring, Mayor Beth Messervy, Town Clerk PUBLIC HEARING: May 16, 2022 FIRST READING: SECOND READING:  AN ORDINANCE TO AMEND THE SUMMERVILLE UNIFIED DEVELOPMENT ORDINANCE CHAPTER 3 – USE PROVISIONS SECTION 3.3 – TABLE OF PERMITTED USES; 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 3.3 – Table of Permitted Uses and Section 3.4 – Conditional Use Provisions, Subsection 3.4.3 Lodging, are amended as follows: 3.3 TABLE OF PERMITTED USES Under Lodging, Inn (Up to 24 Rooms) is changed from a Permitted Use to a Conditional Use under the N- MX zoning district. 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: ___________________  ORDINANCE AN ORDINANCE TO SELL REAL PROPERTY OF THE TOWN OF SUMMERVILLE KNOWN AS 118 WEST RICHARDSON AVENUE, SUMMERVILLE, SOUTH CAROLINA; BEING A PORTION OF THE SAME PROPERTY CONVEYED TO THE TOWN OF SUMMERVILLE BY DEED FROM THE ESTATE OF IRMA K. KRAMER DATED JANUARY 14, 2005 AND RECORDED IN THE REGISTER OF DEEDS OFFICE FOR DORCHESTER COUNTY IN BOOK 4529 AT PAGE 53 ON JANUARY 28, 2005 WHEREAS, The Town is possessed of fee simple Title to the following described real property located in the Town of Summerville, County of Dorchester, State of South Carolina which is described as follows: Beginning at a point at the Northeastern corner on West Richardson Avenue and thence in a Southwesterly direction 29°38'45" for a distance of sixty-five and three one-hundredths feet (65.03) to a point; thence in Northwesterly direction 61°13'41" for a distance of three and thirty-eight one-hundredths feet (3.38) to a point; thence in a Southwesterly direction 31°16'18" for a distance of two and forty-seven one-hundredths feet (2.47) to a point; thence in a Northwesterly direction 59°36'26" for a distance of fifty-seven and forty- four one-hundredths feet (57.44) to a point; thence in a Northeasterly direction 62°29'14" for a distance of seventy-eight and eighty-four one- hundredths feet (78.84) to a point; thence in a Southeasterly direction 58°32'40" for a distance of fifty-eight and ten one-hundredths feet (58.10) to a point which is the point of beginning. Being more particularly described on a plat by Matthew J. Halter entitled “PLAT SHOWING SUBDIVISION OF TMS# 137-07-06- 001(0.43AC), OWNED BY THE TOWN OF SUMMERVILLE” Derivation: Being a portion of the same property conveyed to the Town of Summerville by deed from the Estate of Irma K. Kramer dated January 14, 2005 and recorded in the Register of Deeds Office for Dorchester County in Book 4529 at page 53 on January 28, 2005. TMS: To be determined, and (hereafter the “property”) WHEREAS, Council has decided that it would be in the best interest of the Town to devest itself of the property, and WHEREAS, The property was appraised at the sum of Seven Hundred Thousand and no/100 Dollars ($700,000.00), and WHEREAS, The Town has received a purchase offer by way of contract from Matthew Taylor Charpia and Gregory Owens dated June 7, 2022 to purchase the property for a sum of One Million, One Hundred Thousand and no/100 Dollars ($1,100,000.00), and WHEREAS, Council believes accepting this offer would be in the best interest of the Town. Page 1 of 2 NOW, THEREFORE, Be It Ordained by the Mayor and Council of Town of Summerville, in Council assembled that: 1. The above recitals are hereby incorporated herein to the same extent as if set out verbatim. 2. The Mayor or the Town Administrator are hereby authorized to sign the Contract of Sale and execute a deed conveying the property in accordance with the offer of Matthew Taylor Charpia and Gregory Owens to purchase the property for the sum of One Million, One Hundred Thousand and no/100 Dollars ($1,100,000.00) And, IT IS SO ORDAINED! Dated this day of ____, 2022 A.D. ____________________________________ Ricky Waring, Mayor Town of Summerville ATTEST: ___________________________ Beth Messervy Clerk to Council Introduction and First Reading: _____________ Second and Final Reading: _________________ Page 2 of 2  AN ORDINANCE TO AMEND CHAPTER 22 - WATER MANAGEMENT, FLOOD DAMAGE PREVENTION, AND STORMWATER MANAGEMENT, ARTICLE IV – STORMWATER MANAGEMENT, DIVISION 1 – STORMWATER MANAGEMENT UTILITY, SECTION 22-124 - STORMWATER CONTROL, ITEM (F) - MINIMUM RUNOFF CONTROL REQUIREMENTS, SUBSECTION (2) (D). BE IT ORDAINED by the Mayor and Council members of the Town of Summerville, in Council assembled, that Chapter 22 - Water Management, Flood Damage Prevention, and Stormwater Management, Article IV-Stormwater Management, Division 1 – Stormwater Management Utility, Section 22-124 - Stormwater control, Item (f) - Minimum runoff control requirements., Subsection (2)(d) is hereby amended as follows Sec. 22-124. - Stormwater control (f) Minimum runoff control requirements. Minimum runoff control requirements for stormwater management facilities have been outlined in detail in the manual. Before beginning the stormwater permit process, the permit applicant shall ensure that the most updated manual is being used. The following outlines the general requirements for controlling stormwater runoff rate and pollutant discharge: (1) For all single-family residential individual lots or commercial properties that disturb one-half acre or less, and are not part of a larger common plan of development, control of the peak runoff discharge or post-construction water quality control is not required unless specifically required by current state or federal regulations. (2) For nonresidential development and all multi-lot residential development within the town's MS4 urbanized area (UA): a. New development on undisturbed tracts of land: Follow requirements as outlined in section 3.6 of the design manual. Pervious pavement technology will be strongly encouraged for all driveways and parking lots for new development, in accordance with the design manual. b. Redevelopment or expansion of existing development: Both existing and future development will follow requirements as outlined in sections 3.1 and 3.6, of the design manual.  c. Redevelopment, defined as any construction, alteration or improvement of more than one-half acre of land disturbance on sites where existing land use is commercial, industrial, institutional, or multi-family residential, is governed by the following: 1. Redevelopment which has no increase or a net decrease in impervious area yet lacks evidence of a functioning retention/detention facility will be required by the town engineer to retrofit the site to current Town of Summerville standards for peak attenuation and stormwater volume and water quality controls. d. Redevelopment or expansion of existing development not meeting subsection (f)(2)b, above: All new driveways and parking lots should be constructed with pervious pavement technology, and all building roof drains and downspouts should be disconnected from impervious pavement/surfaces, and directed to vegetative ground cover for conveyance through a properly designed filter strip or vegetated swale (in accordance with the manual). Properly installed and maintained porous paving technologies, including pervious concrete and pavers, will be considered 100 75 percent pervious. and will not count against any total allowable impervious percentage on-site, nor will it be considered impervious in determining the hydrologic runoff properties. e. Buffer requirements. Buffer requirements shall be in accordance with SCDHEC and town zoning regulations. (3) Construction site runoff control measures for all qualifying developments shall be in accordance with the most current version of the SCDHEC erosion and sediment reduction and stormwater management regulations. Sec. 22-124. - Stormwater control (f) Minimum runoff control requirements. Minimum runoff control requirements for stormwater management facilities have been outlined in detail in the manual. Before beginning the stormwater permit process, the permit applicant shall ensure that the most updated manual is being used. The following outlines the general requirements for controlling stormwater runoff rate and pollutant discharge: (1) For all single-family residential individual lots or commercial properties that disturb one-half acre or less, and are not part of a larger common plan of development, control of the peak runoff discharge or post-construction water  quality control is not required unless specifically required by current state or federal regulations. (2) For nonresidential development and all multi-lot residential development within the town's MS4 urbanized area (UA): a. New development on undisturbed tracts of land: Follow requirements as outlined in section 3.6 of the design manual. Pervious pavement technology will be strongly encouraged for all driveways and parking lots for new development, in accordance with the design manual. b. Redevelopment or expansion of existing development: Both existing and future development will follow requirements as outlined in sections 3.1 and 3.6, of the design manual. c. Redevelopment, defined as any construction, alteration or improvement of more than one-half acre of land disturbance on sites where existing land use is commercial, industrial, institutional, or multi-family residential, is governed by the following: 1. Redevelopment which has no increase or a net decrease in impervious area yet lacks evidence of a functioning retention/detention facility will be required by the town engineer to retrofit the site to current Town of Summerville standards for peak attenuation and stormwater volume and water quality controls. d. Redevelopment or expansion of existing development not meeting subsection (f)(2)b, above: All new driveways and parking lots should be constructed with pervious pavement technology, and all building roof drains and downspouts should be disconnected from impervious pavement/surfaces, and directed to vegetative ground cover for conveyance through a properly designed filter strip or vegetated swale (in accordance with the manual). Properly installed and maintained porous paving technologies, including pervious concrete and pavers, will be considered 75 percent pervious. e. Buffer requirements. Buffer requirements shall be in accordance with SCDHEC and town zoning regulations. (3) Construction site runoff control measures for all qualifying developments shall be in accordance with the most current version of the SCDHEC erosion and sediment reduction and stormwater management regulations. Ratified this day of , 2022 A.D. Ricky Waring, Mayor Beth Messervy, Town Clerk FIRST READING: __________________ SECOND READING: ___________________