BERKELEY COUNTY GOVERNMENT

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BERKELEY COUNTY GOVERNMENT

LAND USE AND DEVELOPMENT COMMITTEE AGENDA ● APRIL 14, 2014

REGULAR COMMITTEE MEETING

Administration Building - Assembly Room 6:30 PM

1003 HIGHWAY 52

MONCKS CORNER, SC 29461

Berkeley County Government Generated: 4/9/2014 11:47 AM Page 1

Chairman Phillip Farley

Committee Member Timothy Callanan

Committee Member Kenneth Gunn

Committee Member Cathy Davis

Committee Member Dennis Fish

Committee Member Jack Schurlknight

Committee Member Caldwell Pinckney

Committee Member Steve Davis

Ex-Officio Daniel Davis

In accordance with the Freedom of Information Act, the electronic and print media were duly notified.

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Agenda Land Use and Development Committee April 14, 2014

Berkeley County Government Generated: 4/9/2014 11:47 AM Page 2 CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA APPROVAL OF MINUTES

1. Land Use and Development Committee - Regular Committee Meeting - Mar 10, 2014 6:30 PM

CONSIDERATION PRIOR TO FIRST READING

1. AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO A RECLASSIFICATION OF APPROVED USES FOR PORTION OF TMS# 271-00-02-037, -038 (1.7 +/- acres). Council District 8.

2. AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO A RECLASSIFICATION OF APPROVED USES FOR PORTION OF TMS# 175-00-01-001 (9.96 +/- Acres).

REVIEW PRIOR TO THIRD READING

1. BILL NO. 14-05, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO MARK WOODROW ELLIS FOR LEROY WHITE, ET AL, LOCATED AT 2286 CAINHOY ROAD, HUGER, SC, TMS# 239-00-00- 010 (4.0 +/- Acres) FROM GC, GENERAL COMMERCIAL DISTRICT TO R-2, MANUFACTURED RESIDENTIAL DISTRICT. COUNCIL DISTRICT 8.

02/10/14 Land Use and Development Committee APPROVED AND REFERRED 02/24/14 County Council REFERRED

03/10/14 Land Use and Development Committee APPROVED AND REFERRED 03/24/14 County Council APPROVED AND REFERRED

2. BILL NO. 14-06, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH

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Agenda Land Use and Development Committee April 14, 2014

Berkeley County Government Generated: 4/9/2014 11:47 AM Page 3 CAROLINA, IN REGARDS TO PENDLEY CONSTRUCTION, LOCATED AT THE

SOUTHEAST SIDE OF OLD HWY. 52 & CYPRESS GARDENS ROAD, MONCKS CORNER, SC, TMS #211-00-02-102, -062, -122, & 107 (477.20 +/- ACRES) FROM PD-MU, PLANNED DEVELOPMENT-MIXED USE DISTRICT TO AMENDED PD-MU, AMENDED PLANNED DEVELOPMENT-MIXED USE DISTRICT. COUNCIL DISTRICT 3.

3. BILL NO. 14-07, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO JAMES & JUDY CALDWELL, LOCATED AT 1112 JEDBURG ROAD, SUMMERVILLE, SC, FOR TMS# 193-00-03-004 (39.40 +/- Acres), FROM FLEX-1, AGRICULTURAL DISTRICT TO R-1, SINGLE FAMILY RESIDENTIAL DISTRICT. COUNCIL DISTRICT 7.

ADJOURNMENT

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BERKELEY COUNTY GOVERNMENT

LAND USE AND DEVELOPMENT COMMITTEE REVISED SUMMARY ● MARCH 10, 2014

REGULAR COMMITTEE MEETING

Administration Building - Assembly Room 6:30 PM

1003 HIGHWAY 52

MONCKS CORNER, SC 29461

Berkeley County Government Generated: 3/17/2014 9:18 AM Page 1 CALL TO ORDER

Attendee Name Title Status Arrived

Phillip Farley Chairman Present

Timothy J. Callanan Committee Member Present

Kenneth E. Gunn Committee Member Present

Cathy S. Davis Committee Member Present

Dennis Fish Committee Member Present

Jack H. Schurlknight Committee Member Present

Caldwell Pinckney Committee Member Present

Steve C. Davis Committee Member Present

Daniel W. Davis Ex-Officio Present

INVOCATION

Mr. Colin Martin gave the Invocation, and Committee Member Tim Callanan led the Pledge of Allegiance to the Flag of the United States of America.

PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mr. Colin Martin gave the Invocation, and Committee Member Tim Callanan led the Pledge of Allegiance to the Flag of the United States of America.

APPROVAL OF MINUTES

1. Land Use and Development Committee - Regular Committee Meeting - Feb 10, 2014 6:30 PM

Chairman Farley asked for approval of minutes for the Regular Committee on Land Use and Development Meeting held on February 10, 2014.

It was moved by Committee Member Gunn and seconded by Committee Member Callanan to approve the minutes as presented. The motion passed by unanimous voice vote of the Committee.

RESULT: ACCEPTED [UNANIMOUS]

MOVER: Kenneth E. Gunn, Committee Member SECONDER: Timothy J. Callanan, Committee Member

AYES: Phillip Farley, Timothy J. Callanan, Kenneth E. Gunn, Cathy S. Davis, Dennis Fish, Jack H. Schurlknight, Caldwell Pinckney, Steve C. Davis

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Minutes Acceptance: Minutes of Mar 10, 2014 6:30 PM (Approval of Minutes)

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Minutes Land Use and Development Committee March 10, 2014

Berkeley County Government Generated: 3/17/2014 9:18 AM Page 2 REVIEW PRIOR TO SECOND READING

1. BILL NO. 14-05, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO MARK WOODROW ELLIS FOR LEROY WHITE, ET AL, LOCATED AT 2286 CAINHOY ROAD, HUGER, SC, TMS# 239-00-00- 010 (4.0 +/- Acres) FROM GC, GENERAL COMMERCIAL DISTRICT TO R-2, MANUFACTURED RESIDENTIAL DISTRICT. COUNCIL DISTRICT 8.

Mr. Eric Greenway, Planning and Zoning Director, stated that the house is already located on the property and the property is grand-fathered into General Commercial Classification and they are trying to reconfigure the property lines. That would create a dual zoning situation and this is to get rid of the dual zoning situation and the property can be recombined.

It was moved by Committee Member S. Davis and seconded by Committee Member Callanan to approve prior to Second Reading, Bill No. 14-05. The motion passed by unanimous voice vote of the Committee.

RESULT: APPROVED AND REFERRED [UNANIMOUS] Next: 3/24/2014 6:33 PM MOVER: Steve C. Davis, Committee Member

SECONDER: Timothy J. Callanan, Committee Member

2. BILL NO. 14-06, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO PENDLEY CONSTRUCTION, LOCATED AT THE SOUTHEAST SIDE OF OLD HWY. 52 & CYPRESS GARDENS ROAD, MONCKS CORNER, SC, TMS #211-00-02-102, -062, -122, & 107 (477.20 +/- ACRES) FROM PD-MU, PLANNED DEVELOPMENT-MIXED USE DISTRICT TO AMENDED PD-MU, AMENDED PLANNED DEVELOPMENT-MIXED USE DISTRICT. COUNCIL DISTRICT 3.

It was moved by Committee Member Gunn and seconded by Committee Member Callanan to approve prior to Second Reading, Bill No. 14-06. The motion passed by unanimous voice vote of the Committee.

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RESULT: APPROVED AND REFERRED [UNANIMOUS] Next: 3/24/2014 6:33 PM MOVER: Kenneth E. Gunn, Committee Member

3. BILL NO. 14-07, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO JAMES & JUDY CALDWELL, LOCATED AT 1112 JEDBURG ROAD, SUMMERVILLE, SC, FOR TMS# 193-00-03-004 (39.40 +/- Acres), FROM FLEX-1, AGRICULTURAL DISTRICT TO R-1, SINGLE FAMILY RESIDENTIAL DISTRICT. COUNCIL DISTRICT 7.

It was moved by Committee Member S. Davis and seconded by Committee Member Schurlknight to approve prior to Second Reading, Bill No. 14-07. The motion passed by unanimous voice vote of the Committee.

RESULT: APPROVED AND REFERRED [UNANIMOUS] Next: 3/24/2014 6:33 PM MOVER: Steve C. Davis, Committee Member

SECONDER: Jack H. Schurlknight, Committee Member

REVIEW PRIOR TO THIRD READING

1. BILL NO. 14-01, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO NUCOR, CORP. LOCATED AT 1455 HAGAN AVE, HUGER, SC, TMS# 238-00-00-125 & 247-00-00-021 (3,309 +/- Acres) FROM PD-OP/IP, PLANNED DEVELOPMENT/OFFICE PARK/INDUSTRIAL PARK DISTRICT AND FLEX-1, AGRICULTURAL DISTRICT TO FLEX-1, AGRICULTURAL DISTRICT AND HI, HEAVY INDUSTRIAL DISTRICT.

COUNCIL DISTRICT 8.

It was moved by Committee Member Gunn and seconded by Committee Member Pinckney to approve Prior to Third Reading, Bill No. 14-01. The motion passed by unanimous voice vote of the Committee.

02/10/14 Land Use and Development Committee APPROVED AND REFERRED

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Berkeley County Government Generated: 3/17/2014 9:18 AM Page 4 02/24/14 County Council APPROVED AND REFERRED

RESULT: APPROVED AND REFERRED [UNANIMOUS] Next: 3/24/2014 6:33 PM MOVER: Kenneth E. Gunn, Committee Member

SECONDER: Caldwell Pinckney, Committee Member

2. BILL NO. 14-02, AN ORDINANCE TO AMEND CERTAIN SECTIONS OF ORDINANCE NO. 01-8-35, THE BERKELEY COUNTY ZONING AND DEVELOPMENT STANDARDS ORDINANCE, AS AMENDED, TO PROVIDE FOR THE REGULATION OF FAMILY DAY CARE HOMES IN THE URBAN RURAL AND COMMERCIAL ZONING DISTRICTS.

It was moved by Committee Member Schurlknight and seconded by Committee Member Callanan to approve Prior to Third Reading, Bill No. 14-02. The motion passed by unanimous voice vote of the Committee.

RESULT: APPROVED AND REFERRED [UNANIMOUS] Next: 3/24/2014 6:33 PM MOVER: Jack H. Schurlknight, Committee Member

3. BILL NO. 14-03, AN ORDINANCE TO AMEND CERTAIN SECTIONS OF ORDINANCE NO. 01-8-35, THE BERKELEY COUNTY ZONING AND DEVELOPMENT STANDARDS ORDINANCE, AS AMENDED, TO PROVIDE FOR THE REGULATION OF ACCESSORY USES AND STRUCTURES IN THE R1-R, R2-R, R2-R (F), R15, and FLEX-1 ZONING DISTRICTS.

It was moved by Committee Member Schurlknight and seconded by Committee Member Fish to approve Prior to Third Reading, Bill No. 14-03. The motion passed by unanimous voice vote of the Committee.

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RESULT: APPROVED AND REFERRED [UNANIMOUS] Next: 3/24/2014 6:33 PM MOVER: Jack H. Schurlknight, Committee Member

SECONDER: Dennis Fish, Committee Member

ADJOURNMENT

Mr. Greenway presented a copy of an invitation that will be mailed out to citizens in the county that own farms. This invitation is inviting the citizens to an Open House prior to our next Planning Commission Meeting. The Open House will be held on March 25, 2014 at 5:00 p.m. in the Assembly Room. There will be an informal discussion about issues and concerns that may be concerning our local farmers, and to see if there is anything that the County or the Planning Commission can address to help with any of the concerns of the local farmers.

ADJOURNMENT

It was moved by Committee Member Schurlknight to adjourn the Committee on Land Use & Development meeting. The motion passed by unanimous voice vote of the Committee.

The meeting adjourned at 6:35 p.m.

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TMS# 271-00-02-037, -038 Rezone +/- 1.7 acres from R2 to GC 1457

STAFF SUMMARY

FOR The Land Use and Development Committee

Topic: AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND

DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO A RECLASSIFICATION OF APPROVED USES FOR PORTION OF TMS# 271-00-02-037, -038 (1.7 +/- acres).

Council District 8.

Prepared by: Lisa Winningham, Date: 4/4/2014 10:50 AM

STAFF SUMMARY

Land Use Committee

Zoning Matter: Case Z-14-004 TMS# 271-00-02-037, 038 Prepared by: Eric L. Greenway. AICP

Date: March 25, 2014

Background:

The applicants, Bernard Shaw and Rodney Lockwood, are requesting to rezone two parcels totaling 1.70 +/- acres from Manufactured Residential District (R-2) to General Commercial District (GC). One of the parcels is currently vacant and the other has 2 residential dwellings.

Recommendation: Denial

Staff: - The two properties are surrounded by residential uses and the southern side of Clements Ferry Road is more residential in nature. The Comprehensive Plan has this area more residential while the northern side is more industrial. This matches the City of

Charleston’s Comprehensive Plan. In addition, these parcels will require right-of-way

acquisition for future Clements Ferry Road improvements. Right-of-way acquisition will take place soon.

The Future Land Use Map has this area designated as Moderate Density Suburban with a Commercial Corridor along Clements Ferry Road. It’s staffs opinion that this area of Clements Ferry Road is not an area where commercial use is warranted, and is concerned with future commercial users around the existing residential uses.

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Planning Commission: Denial. Supported staffs recommendation.

Potential Impacts:

Denial- Property can continue to be used as residential and the existing dwellings will remain zoning compliant. Will prevent future conflict of commercial and residential uses, and will prevent the right-of-way acquisition being more expensive for these two parcels.

Approval- Existing uses will become existing non-conforming and all uses listed in General Commercial District can legally be established on the property.

Attachments:

Rezoning maps and application.

Fiscal Impact:

Attachments:

Application 271-00-02-037, -038 (PDF) TMS#271-00-02-038, -037 (PDF)

CouncilBill271-00-02-037, -038 (PDF)

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AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO A RECLASSIFICATION OF APPROVED USES FOR PORTION OF TMS# 271-00-

02-037, -038 (1.7 +/- acres). Council District 8.

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5.1.a Packet Pg. 12 Attachment: Application 271-00-02-037, -038 (1457 : TMS# 271-00-02-037, -038 Rezone +/- 1.7 acres from

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5.1.a Packet Pg. 13 Attachment: Application 271-00-02-037, -038 (1457 : TMS# 271-00-02-037, -038 Rezone +/- 1.7 acres from

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R5

LI GC

R2 R3

CLEMENTS FERRY RD

JAME

TTALN

MO NICA CT

AREA W AY

JOHNSO N RID

GE PL ISABELL LN

Site Map

THE COUNTY OF BERKELEY AND ITS GIS DEPARTMENT DISCLAIMS ACCOUNTABILITY FOR THIS PRODUCT AND MAKES NO WARRANTY EXPRESS OR IMPLIED CONCERNING THE ACCURACY THEREOF. RESPONSIBILITY FOR INTERPRETATION AND APPLICATION OF THIS PRODUCT LIES WITH THE USER.

0 80 160 320 480

Feet

°

http://gis.berkeleycountysc.gov

User: lwinningham saved: 2/18/2014 file: G:\Planning Commission\2013 Meetings\August 2013\GIS Maps\Lisa's GIS.mxd

Date: 3/12/2014 Berkeley County Planning Department

P.O. Box 6122

Moncks Corner, SC 29461 (p) 843.719.4095 | (f) 843.719.4053

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Attachment: TMS#271-00-02-038, -037 (1457 : TMS# 271-00-02-037, -038 Rezone +/- 1.7 acres from R2 to GC)

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Bill No.

ORDINANCE NO.

AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO A RECLASSIFICATION OF APPROVED USES FOR PORTION OF TMS# 271- 00-02-037, -038 (1.7 +/- Acres).

WHEREAS, Berkeley County Council adopted a Zoning and Development Standards Ordinance, including Official Zoning and Development Standards Maps, on April 26, 1999, pursuant to Title 6, Chapter 29, of the Code of Laws of South Carolina, 1976, as amended; and

WHEREAS, Berkeley County Council adopted such regulations for the purpose of guiding development in accordance with existing and future needs and promoting the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare of the County;

and

WHEREAS, the Berkeley County Council has determined that the rezoning or reclassification of the land designated herein is for the public good, the morals and the general welfare of the County of Berkeley and its citizens, and that it is consistent with the Berkeley County Comprehensive Plan, which was adopted on April 26, 1999;

NOW, THEREFORE, BE IT ORDAINED that the official Zoning and Development Standards Maps for Berkeley County, South Carolina, which were adopted pursuant to Ordinance No.

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Attachment: CouncilBill271-00-02-037, -038 (1457 : TMS# 271-00-02-037, -038 Rezone +/- 1.7 acres from R2 to GC)

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01-8–35 shall be modified in the following regard:

That portion of the official Zoning Map which contains that property identified as PORTION OF TMS# 271-00-02-037, -038 (1.7 +/- Acres) and as is more clearly shown on “Exhibit A”, which is attached hereto and made a part hereof. This property has previously been designated as R2 - Manufactured Residential District - approved as and will hereafter upon approval of this ordinance be reclassified as GC - General Commercial District.

BE IT FURTHER ORDAINED that all ordinances in conflict with this modification are repealed to the extent necessary to give this ordinance full force and effect.

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Attachment: CouncilBill271-00-02-037, -038 (1457 : TMS# 271-00-02-037, -038 Rezone +/- 1.7 acres from R2 to GC)

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TMS# 175-00-01-001 One acre to be rezoned Flex 1 to GC 1458

STAFF SUMMARY

Topic: AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND

DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO A RECLASSIFICATION OF APPROVED USES FOR PORTION OF TMS# 175-00-01-001 (9.96 +/- Acres).

STAFF SUMMARY

Zoning Matter: Case Z-14-004 TMS# 271-00-02-037, 038 Prepared by: Eric L. Greenway. AICP

Date: March 25, 2014

Background:

The applicants, Bernard Shaw and Rodney Lockwood, are requesting to rezone two parcels totaling 1.70 +/- acres from Manufactured Residential District (R-2) to General Commercial District (GC). One of the parcels is currently vacant and the other has 2 residential dwellings.

Recommendation: Denial

Staff: - The two properties are surrounded by residential uses and the southern side of Clements Ferry Road is more residential in nature. The Comprehensive Plan has this area more residential while the northern side is more industrial. This matches the City of

Charleston’s Comprehensive Plan. In addition, these parcels will require right-of-way

acquisition for future Clements Ferry Road improvements. Right-of-way acquisition will take place soon.

The Future Land Use Map has this area designated as Moderate Density Suburban with a Commercial Corridor along Clements Ferry Road. It’s staffs opinion that this area of Clements Ferry Road is not an area where commercial use is warranted, and is concerned with future commercial users around the existing residential uses.

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Planning Commission: Denial. Supported staffs recommendation.

Denial- Property can continue to be used as residential and the existing dwellings will remain zoning compliant. Will prevent future conflict of commercial and residential uses, and will prevent the right-of-way acquisition being more expensive for these two parcels.

Approval- Existing uses will become existing non-conforming and all uses listed in General Commercial District can legally be established on the property.

Attachments:

Fiscal Impact:

Attachments:

Application 175-00-01-001 (PDF) TMS#175-00-01-001 (PDF)

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AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO A RECLASSIFICATION OF APPROVED USES FOR PORTION OF TMS# 175-00-

01-001 (9.96 +/- Acres).

Whereas, , Berkeley County Council adopted a Zoning and Development Standards Ordinance, including Official Zoning and Development Standards Maps, on April 26, 1999, pursuant to Title 6, Chapter 29, of the Code of Laws of South Carolina, 1976, as amended; and

WHEREAS, Berkeley County Council adopted such regulations for the purpose of guiding development in accordance with existing and future needs and promoting the public health, safety, morals, convenience, order, appearance, prosperity, and general welfare of the County; and

NOW, THEREFORE, BE IT ORDAINED that the official Zoning and Development Standards Maps for Berkeley County, South Carolina, which were adopted pursuant to Ordinance No. 01-8-35 shall be modified in the following regard:

That portion of the official Zoning Map which contains that property identified as TMS#175- 00-01-001 (9.96 +/- Acres) and as is more

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clearly shown on “Exhibit A”, which is attached hereto and made a part hereof. This property has previously been designated as Flex 1- Agricultural District approved as and will hereafter upon approval of this ordinance be reclassified as GC - General Commercial District.

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5.2.a Packet Pg. 21 Attachment: Application 175-00-01-001 (1458 : TMS# 175-00-01-001 One acre to be rezoned Flex 1 to GC)

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One acre rezoned to General Commercial out of TMS 175-00-00-001

Flex1

RNC

GC

PD-OP/IP

OLD GIL LIAR

D RD

GARDEN CT LISH LN

DUBERRY LN

KATIA LN NORRIS LN

MAZZIE LN

SOCIETY LN

PALACIO LN

Site Map

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°

P.O. Box 6122

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Attachment: TMS#175-00-01-001 (1458 : TMS# 175-00-01-001 One acre to be rezoned Flex 1 to GC)

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Bill No. 14-05, Portion of TMS 239-00-00-010 3.53 ac from GC to R2 1383

STAFF SUMMARY

Topic: BILL NO. 14-05, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO MARK WOODROW ELLIS FOR LEROY WHITE, ET AL, LOCATED AT 2286 CAINHOY ROAD, HUGER, SC, TMS# 239-00-00-010 (4.0 +/- Acres) FROM GC, GENERAL

COMMERCIAL DISTRICT TO R-2, MANUFACTURED RESIDENTIAL DISTRICT. COUNCIL DISTRICT 8.

STAFF SUMMARY

Zoning Matter: Case Z-14-001 TMS# Portion of 239-00-00-010 Prepared by: Eric L. Greenway. AICP

Date: January 28, 2014

Background:

The applicant, Mark Woodrow Ellis on behalf of the owners Leroy White et al, is requesting to rezone 4.0 +/- acres from General Commercial District (GC) to Manufactured Residential District (R-2). The property is located along Cainhoy Road and is currently dual zoned and has both commercial and residential uses. This application is to clean up the dual zoning situation and bring the residential uses into zoning compliance.

Recommendation:

Staff: Approval - The applicant recently submitted a plat to subdivide the property and It’s under review by the Plat Committee. The subdivision proposes to create two commercial properties (these are the current commercial uses) and remove the GC classification where dwellings are located on the property. This will bring the homes into zoning compliance.

The subdivision and rezoning applications are being processed concurrently by the county. Staff supports removing a large portion (approximately 4.0 acres of a 59.5 acre tract) of commercial zoning, and feels that R-2 is better suited for the existing and future residence of the area.

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Planning Commission: Approval: Unanimously agreed with staff’s recommendation.

Conformance with Comprehensive Plan: Yes - Designated as Low Density Suburban.

Denial- Property remains dual zoned and staff cannot approve the plat. Existing commercial uses can remain but the existing dwellings will remain non-compliant. Provides for an opportunity of unwanted commercial uses in the area, potentially causing a conflict with the surrounding residents.

Approval- Corrects a dual zoned situation and brings the area more in line with the

Comprehensive Plan. Allows staff to approve the subdivision plat submitted while provided more zoning protection in the area.

Attachments:

Fiscal Impact:

Attachments:

White_Ellis Application (PDF) ExA239-00-00-010 (PDF)

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BILL NO. 14-05, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO MARK WOODROW ELLIS FOR LEROY WHITE, ET AL, LOCATED AT 2286 CAINHOY ROAD, HUGER, SC, TMS# 239-00-00-010 (4.0 +/-

Acres) FROM GC, GENERAL COMMERCIAL DISTRICT TO R-2, MANUFACTURED RESIDENTIAL DISTRICT. COUNCIL DISTRICT 8.

Whereas, Standards Ordinance, including Official Zoning and

Development Standards Maps, on April 26, 1999, pursuant to Title 6, Chapter 29, of the Code of Laws of South Carolina, 1976, as amended; and

That portion of the official Zoning Map which

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contains that property identified as TMS#

239-00-00-010 (4.0 +/- Acres) and as is more clearly shown on “Exhibit A”, which is attached hereto and made a part hereof. This property has previously been designated as GC - General Commercial District approved as and will hereafter upon approval of this ordinance be reclassified as R2 - Manufactured Residential District.

ADOPTED this day of , 2014.

Berkeley County, South Carolina.

______________________________

Daniel W. Davis, Chairman Berkeley County Council (SEAL)

ATTEST:

_______________________

Catherine Windham

Berkeley County Clerk to Council

Approved as to form:

_____________________________

Nicole Scott Ewing

Berkeley County Attorney

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6.1.a

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Attachment: White_Ellis Application (1383 : Bill No. 14-05, Portion of TMS 239-00-00-010 3.53 ac from GC to R2)

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Attachment: White_Ellis Application (1383 : Bill No. 14-05, Portion of TMS 239-00-00-010 3.53 ac from GC to R2)

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CAIN HOY RD

BANNERHILL RD

RICHARDSON CORNERLN

FORESTPINES LN BALDWIN

CORNER RD

LUCK Y LN

OLASLN SYKE

LN

CYRUS LN B ALLLN

LOCKWOOD LN MAMMIELN JAMISON LN

GIV E AW

AY LN BANN

ERHIL L RD

Exhibit A

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P.O. Box 6122

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Attachment: ExA239-00-00-010 (1383 : Bill No. 14-05, Portion of TMS 239-00-00-010 3.53 ac from GC to R2)

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Bill No. 14-06, TMS# 211-00-02-102, -062, -122, -107 Rezone 477.20 from PDMU to Amended PDMU

1384

STAFF SUMMARY

Topic: BILL NO. 14-06, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO PENDLEY CONSTRUCTION, LOCATED AT THE SOUTHEAST SIDE OF OLD HWY. 52 & CYPRESS GARDENS ROAD, MONCKS CORNER, SC, TMS #211-00-02-102, -062, -122, & 107 (477.20 +/- ACRES) FROM PD-MU, PLANNED

DEVELOPMENT-MIXED USE DISTRICT TO AMENDED PD-MU, AMENDED PLANNED DEVELOPMENT-MIXED USE DISTRICT.

COUNCIL DISTRICT 3.

STAFF SUMMARY

Zoning Matter: Case Z-14-002 TMS# Multiple (Remaining land in Spring Grove Plantation)

Prepared by: Eric L. Greenway. AICP

Date: January 28, 2014

Background:

The applicant, Pendley Construction, is requesting to amend the existing development standards for Spring Grove Plantation from Planned Development Mixed Use (PD-MU) to Amended Planned Development Mixed Use (PD-MU). The amendments include changes to the Master Plan and text portion of the document. A new developer is interested in purchasing the remaining portion of Spring Grove and this is the catalyst for the amendments. A community HOA meeting was held on January 15^th for the residents of Spring Grove.

Recommendation:

Staff: Approval - Staff has been working with the applicant for more than a year negotiating on behalf of the Spring Grove residents. Staff believes the amended document better serves the community as Spring Grove builds out. Sensitive subjects for the community are

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removed with this amendment including areas for potential multi-family construction, the

internal trail network, and reducing the size of the commercial area to 5 acres. Staff has worked with the developer to better define pocket parks, amenities, overall neighborhood design, and landscaping. Included with the application are the original document and the amendment section broken out for simplicity. The overall residential density does not increase with the proposed changes. The amendments section dated October 29, 2013 details the revisions to the document and adds a new section called Community Enhancement Guidelines. Staff recommends

considering any other changes the county feels would benefit the community today and in the future.

Planning Commission: Approval- Unanimously agreed with staff’s recommendation.

Conformance with Comprehensive Plan: Yes - Designated as Low Density Suburban.

Denial- Spring Grove can continue to build-out under the original Master Plan. May cause some issues with existing residents who feel the plan was not disclosed to them when they purchased homes. Staff would be required to make the developer install the internal trail network and permit all uses currently defined in the Master Plan. Would cause an issue with the new developer regarding their vision for build-out.

Approval- Allows staff to work with new developer and removes potentially conflicting development types in the community. Increases the quality of development, sets defined dates for when improvements must be made, and updates the plan to meet current market trends.

Attachments:

Fiscal Impact:

Attachments:

Spring Grove Application (PDF) Amendment to PDMU (PDF)

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BILL NO. 14-06, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO PENDLEY CONSTRUCTION, LOCATED AT THE SOUTHEAST SIDE OF OLD HWY. 52 & CYPRESS GARDENS ROAD, MONCKS CORNER, SC, TMS #211-00-02-102, -062, -122, & 107 (477.20 +/- ACRES) FROM PD-MU, PLANNED DEVELOPMENT-MIXED USE DISTRICT TO AMENDED PD-MU, AMENDED PLANNED DEVELOPMENT-MIXED USE DISTRICT. COUNCIL DISTRICT

3.

Whereas, Berkeley County Council adopted a Zoning and Development Standards Ordinance, including Official Zoning and Development Standards Maps, on April 26, 1999, pursuant to Title 6, Chapter 29, of the Code of Laws of South Carolina, 1976, as amended; and

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That portion of the official Zoning Map which contains that property identified as TMS#

211-00-02-102, -062, -122, -107(477.20 +/- Acres) and as is more clearly shown on

“Exhibit A”, which is attached hereto and made a part hereof. This property has previously been designated as PDMU - Planned Development Mixed Use approved as and will hereafter upon approval of this ordinance be reclassified as Amended PDMU - Planned Development Mixed Use.

______________________________

ATTEST:

_______________________

Catherine Windham

_____________________________

Nicole Scott Ewing

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6.2.a Packet Pg. 38 Attachment: Spring Grove Application (1384 : Bill No. 14-06, TMS# 211-00-02-102, -062, -122, -107 Rezone

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6.2.b Packet Pg. 39 Attachment: Amendment to PDMU (1384 : Bill No. 14-06, TMS# 211-00-02-102, -062, -122, -107 Rezone

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Bill No. 14-07, TMS# 193-00-03-004, Flex-1 to R1 1385

STAFF SUMMARY

Topic: BILL NO. 14-07, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO JAMES & JUDY CALDWELL, LOCATED AT 1112 JEDBURG ROAD, SUMMERVILLE, SC, FOR TMS#

193-00-03-004 (39.40 +/- Acres), FROM FLEX-1, AGRICULTURAL DISTRICT TO R-1, SINGLE FAMILY RESIDENTIAL DISTRICT.

COUNCIL DISTRICT 7.

STAFF SUMMARY

Zoning Matter: Case Z-14-003 TMS# 193-00-03-004 Prepared by: Eric L. Greenway. AICP

Date: January 28, 2014

Background:

The applicant, Fred St. Laurent, is requesting to rezone 39.40 acres from the Agricultural Zoning District (Flex-1) to the Single-family Residential District (R-1). The property is located on Jedburg Road in the New Hope Community and is vacant with a burned brick house sitting on the parcel.

Recommendation:

Staff: Approval - The property is located in an area where the land use plan map calls for Low Density Suburban Development and is in the vicinity of the Jedburg Road

Assessment District. The 2010 Berkeley County Comprehensive Plan contains the following descriptions for Low Density Suburban Development patterns:

“Characteristics and Location:

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Low Density Suburban areas will be developed with diverse housing choices, in neighborhoods that promote a sense of community, providing an aesthetically pleasing transition from

Constrained Growth Areas to higher-density residential and commercial areas. Development will be concentrated in densities and locations where it can be served efficiently by infrastructure, facilities and services, and transportation networks. All development activity will be designed to mitigate adverse impacts on any cultural and/or natural resources.

Primary Uses:

Single-family residential detached housing, continuation of agricultural uses, open space, civic and recreation, and mixed-uses where appropriate.

Development densities of individual communities may average up to 4.0 dwelling units per acre, depending on the adequacy of roads, utilities, and full complement of public services and facilities.”

Currently, Sewer does not extend to this property but water is located along the Jedburg Road frontage which means the minimum lot size would be 14,000 SF per lot. The property is also encumbered by a significant wetland (16.73 acres) that will reduce the development potential of the site. The overall density proposed by the site drawing, though this could change significantly if the application is

approved, indicates that the overall density will be 1.57 units per acre which is well under the 4 per acre indicated in the comp plan as being appropriate for LDS areas. Staff believes that the application and proposed use is compliant with the Land Use Plan Map for the area due to: the infrastructure

improvements planned for Jedburg Road, the availability of public water, and the proposed density of 1.57 DUAs.

Planning Commission: Conditional Approval- Conditions are:

1. That covenant and restrictions be placed on the property limiting the number of lots to be created to more than 62 and to give the county standing to enforce. The developer, Mr.

St. Laurent, has agreed to this provision.

2. That a community meeting be held between the Planning Commission meeting and first reading if the community requests that such a meeting is held.

Denial- Property can continue to be used for residential purposes or any legal use within the FLEX-1 zoning classification and develop at a lot size of 30,000sf per lot. Would deter possible future uses that could be more suitable for this location.

Approval- Provides more use protection to the community as Manufactured housing would no longer be permitted on the property nor would agricultural uses such as the keeping of livestock be permitted. May provide housing densities that are not common for the New Hope Community and this may be a concern for the residents of the area.

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Attachments:

Fiscal Impact:

Attachments:

Caldwell Application (PDF) ExA193-00-03-004 (PDF)

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BILL NO. 14-07, AN ORDINANCE TO MODIFY THE OFFICIAL ZONING AND DEVELOPMENT STANDARDS MAPS OF BERKELEY COUNTY, SOUTH CAROLINA, IN REGARDS TO JAMES & JUDY CALDWELL, LOCATED AT 1112 JEDBURG ROAD, SUMMERVILLE, SC, FOR TMS# 193-00-03-004 (39.40 +/- Acres), FROM FLEX-1, AGRICULTURAL DISTRICT TO R-1, SINGLE FAMILY RESIDENTIAL

DISTRICT. COUNCIL DISTRICT 7.

Whereas, Berkeley County Council adopted a Zoning and Development Standards Ordinance, including Official Zoning and Development Standards Maps, on April 26, 1999, pursuant to Title 6, Chapter 29, of the Code of Laws of South Carolina, 1976, as amended; and

That portion of the official Zoning Map which

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contains that property identified as TMS#

193-00-03-004 (39.40 +/- Acres) and as is more clearly shown on “Exhibit A”, which is attached hereto and made a part hereof. This property has previously been designated as Flex 1 - Agricultural District approved as and will hereafter upon approval of this ordinance be reclassified as R1 - Single Family Residential District.

______________________________

ATTEST:

_______________________

Catherine Windham

_____________________________

Nicole Scott Ewing

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6.3.a Packet Pg. 53 Attachment: Caldwell Application (1385 : Bill No. 14-07, TMS# 193-00-03-004, Flex-1 to R1)

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6.3.a Packet Pg. 54 Attachment: Caldwell Application (1385 : Bill No. 14-07, TMS# 193-00-03-004, Flex-1 to R1)

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JEDBURG RD

BELT LINE RD

WILDG AME RD

STARLINE DR

GELZER LN NEW HOPE DR

JOES LN

HOPE LN

DONS

LN

MEADOW WOOD RD

QUIET LN GENERATIONS LN

SUMMER VIEW

RD

HARVEY FARM LN

WA SHING

TON TOW

NRD MAGWOOD RD

MOSSY WOOD RD

SW EATMAN LN

HUTCHS LN WESTBROOKERD

FELDER CREEKRD

RAVENS

WOOD RD

DEERPATH TR

EARLY BIRD LN CHINNER

S LN

FELDER BRANCH LN

MOND O CT

BABE LN

SPRINGDALE CT

HOBBLESKIRT LN

MEADOWVIEW TR

LONGFIELD RD

FICHTEL HOF PL

SHORT WOODS CT NEW HOPE DR

Exhibit A

0 412.5 825 1,650 2,475

Feet

°

P.O. Box 6122

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Attachment: ExA193-00-03-004 (1385 : Bill No. 14-07, TMS# 193-00-03-004, Flex-1 to R1)