October 2010
Date: 10/5/2010


MINUTES
CITY OF GOOSE CREEK
PLANNING COMMISSION MEETING
TUESDAY, OCTOBER 5, 2010, 6:30 P.M.
MARGUERITE BROWN MUNICIPAL CENTER
GOOSE CREEK, SOUTH CAROLINA

 

I. Call to Order - Chairman Allen Wall

Chairman Allen Wall called the meeting to order at 6:32 p.m.
Present: Joel Arenson, Paul Connerty, Gayla McSwain, Jeffrey Smith, Allen Wall, and Barry Washington.
Absent: Doug Quinn
Staff Present: Daniel Ben-Yisrael and Sarah Hanson

II. Review of Minutes of September 7, 2010 Meeting

Motion: Mr. Arenson made a motion to accept the minutes as written. Mr. Connerty seconded.
Discussion: There was none.
Vote: All voted in favor; none opposed.

Mr. Wall explained the procedure for the public hearing.

III. Public Hearing - Amendment to Zoning Map for 101 Londonderry Road from R2 (Residential Medium Density) Zoning to PD (Planned Development) Zoning

Mr. Wall explained that each of these rezoning requests had been initiated by the City in order to take care of administrative issues rather than the requests coming from the property owners.

Mr. Ben-Yisrael explained that the City was requesting the change due to a zoning error that was made when the property was annexed in early 2006, and the City wishes to have the zoning conform to the surrounding area. At that time the zoning was designated as R2, whereas the surrounding properties within Crowfield Plantation are zoned PD.

Mr. Wall asked if anyone in the audience wished to speak or had questions.

Mr. Willie Hawkins asked about the change to commercial use, and Mr. Wall explained that this was not a change to commercial but rather to PD. Mr. Wall explained the differences in the zoning designations. Mr. Ben-Yisrael stated there are no plans to change the use of this property, it will remain as it is; this is simply an administrative change. He explained that the Planned Development zoning is the designation for the entire area of Crowfield Plantation.

Mr. Bill Martin stated he thought he saw on the website that all of Stratford Forest was zoned R2. He asked if, because everything was zoned PD, he could change the use of his property. Mr. Ben-Yisrael answered no, as there is subzoning in place for the different sections of Crowfield that determine the different uses for those sections. Mr. Martin stated he wanted to be certain condominiums or apartments couldn't be built in the subdivision, and Mr. Ben-Yisrael stated that couldn't happen. He further explained the process for administering the PD zoning within Crowfield. There was additional discussion about what uses can be used for the property, and Mr. Ben-Yisrael stated that commercial land uses would not be allowed there.

Mr. Ben-Yisrael stated the City requests the Commission recommend to City Council the adoption of the zoning ordinance amendment from R2 to Planned Development.

Mr. Wall closed the hearing.

Motion: Mr. Smith made a motion to change the zoning classification from R2 to PD as recommended by the City. Mr. Arenson seconded the motion.
Discussion: There was none.
Vote: All voted in favor.

IV. Public Hearing - Amendment to Zoning Map for 205 Montague Plantation Road from CO (Conservation/Open Space) to PD (Planned Development)

Mr. Wall explained this was another situation where the zoning designation change was being requested as a matter of housekeeping.

Mr. Ben-Yisrael stated that this property was annexed in 2005 and purchased by the developers of Brickhope Plantation and made a part of the development agreement which governs Brickhope Plantation with the intent of allowing a limited number of commercial uses, including professional offices. A zoning designation was not specified with the annexation, and when a zoning is not specified, the zoning defaults to the classification conservation/open space. Now the City is trying to bring it into compliance and make the classification consistent with Brickhope Plantation, which is zoned Planned Development.

Mr. Wall opened the discussion to anyone wishing to speak for the issue.

Mr. Tom Volkmar stated he is currently renting this property and asked about a future subdivision of that property and whether the City would approve that. Mr. Ben-Yisrael answered the City would have to determine whether the future use met the criteria of the development agreement.

Mr. Ben Yisrael stated Staff recommends approval for the rezoning request.

Mr. Wall closed the hearing.

Mr. Arenson asked Mr. Ben-Yisrael about the size of the parcel as well as the structure. Mr. Ben-Yisrael answered the property is 2.61 acres.

Motion: Mr. Smith made a motion to change the classification from CO to PD as recommended by the City. Ms. McSwain seconded the motion.
Discussion: There was none.
Vote: All voted in favor.

V. Public Hearing - Amendment to Zoning Map for Crowfield Industrial Park From PD (Planned Development) to LI (Light Industrial)

Mr. Wall summarized that the proposal is to change the zoning from Planned Development to Light Industrial.

Mr. Ben-Yisrael stated the City is asking for the zoning change for the 12 properties. When annexed into the City in 1986 it was developed and has continued to be developed as an industrial park hosting only light industrial operations. Recently questions have arisen as to whether multifamily uses were intended allowable uses. Staff has held that the underlying designation for this is Light Industrial, and to eliminate further questions as to whether or not residential uses are allowed, Staff is proposing that the property be rezoned to Light Industrial.

Mr. Wall opened the discussion to anyone wishing to speak for the issue.

Mr. Tom Jeffries with Quiozel Industries explained that the park was developed for and is used for light industrial uses, and the covenants and restrictions for the Park call for light industrial uses, so this change is consistent with the desires of and uses of the area. The owners within the Park are opposed to residential uses and wish for it to remain as a light industrial park as spelled out in the covenants.

The question was asked about the possible uses for Light Industrial areas. Mr. Ben-Yisrael provided examples of uses allowed within Light Industrial districts.

Debbie Zimmer asked for additional clarification of the uses such as a gas station, particularly on the corner parcel, as she was concerned about a use affecting her property value. Mr. Ben-Yisrael explained that under the current Planned Development classification that use is already allowed and always has been. He stated the intent is to actually narrow and scale down the uses that are allowed. Ms. Zimmer asked about the fact that one of the properties included has a new For Sale sign posted, and she feels as though someone is pushing this through to get it sold and questioned the timing of the rezoning. She stated she doesn't trust the fact that "this just came up now." Mr. Ben-Yisrael stated the City's rezoning initiative is not related to the posting of the signs on the property. He explained that in the recent past questions have been presented to the City as to whether or not residential uses are allowed, and the owner of the properties has questioned what uses will be allowed, and residential uses were questioned. The City is trying to eliminate any of those questions in the future and to make it clear that residential uses will not be allowed in the corporate center. He stated the City's efforts are not connected to the efforts of the property owners.

There was discussion about the Crowfield Boulevard parcels and keeping the trees and taking into consideration the effects of additional traffic in the event they are developed.

Jim Reece spoke about the Light Industrial zoning being more restrictive than the Planned Development zoning. He mentioned that the covenants and restrictions for the Park would restrict the type of businesses allowed in the Park to those similar to what is there now.

A representative from American Packaging stated the worst thing that could happen would be allowing apartments to be developed that would have an adverse impact on one of the nicest corporate parks in the area.

Ms. Ellen Bowman, a resident in The Preserve, asked that nothing be allowed within the Park that emitted an odor.

There was a question about what type of buffer would be in place should the parcels across from the entrance to the Hamlets be developed. Mr. Ben-Yisrael stated the City is at this time addressing the issue; the Planning Commission is now working on a new land use buffer ordinance and has reviewed these specific properties. He explained they would recommend standards that provided a visual buffer along Crowfield Blvd., balancing the property owner's property rights with a reasonable buffer requirement.

Mr. Jeffries stated the Park's covenants contained set back requirements which require reasonable setbacks which are most likely more restrictive than the City's. Mr. Ben-Yisrael stated the land use buffer required would be must larger for light industrial uses.

Mr. Wall explained that the City cannot turn a business down that wishes to build on a parcel if the zoning allows for that use. There were questions about what could be used under the Light Industrial zoning. Mr. Ben-Yisrael listed several uses besides the uses currently in the Park. There was brief discussion about the eagle preserve and if that would be affected. It was questioned why the seller didn't have to come to the City to get approval to sell it. It was explained that the owner can sell to anyone, but the use would be restricted by the zoning, and the plans have to be reviewed and approved by the City. A resident asked what businesses were interested in the parcel that is for sale. Mr. Ben-Yisrael stated the City has been contacted previously by a design firm inquiring about residential use, as well as the agent for the property also inquiring; other than that the City has not been contacted by any interested parties.

Mr. Jeffries briefly explained the difference in the Park's ARB and covenants from the other areas of Crowfield. Per a resident's question, Mr. Ben-Yisrael explained there is the need to revise the City's zoning ordinance to address some of their suggestions and concerns. There was discussion about the uses allowed under the Light Industrial zoning as well as the Planned Development zoning, as well as the process for zoning a planned development from the conceptual stage.

Mr. Wall asked if anyone had anything new to add or to question. He closed the public hearing. He asked for any questions or comments from the Commission.

Motion: Mr. Smith made a motion to change the classification of the Crowfield Industrial Park from the current Planned Development to Light Industrial as recommended by the City. Mr. Connerty seconded the motion.
Discussion: There was none.
Vote: All voted in favor.

VI. Public Hearing - Amendment to Zoning Map for Two Parcels Within Persimmon Hill Community from PD (Planned Development) to CO (Conservation/Open Space)

Mr. Ben-Yisrael explained that the two parcels were donated to the City and are mostly wetlands. The City wishes to rezone because they have no intentions of developing the properties and feels the new zoning would eliminate any concerns regarding the properties being developed in the future.

Mr. Wall asked if anyone wished to speak in favor of the proposal. There being no one, he asked if there was anyone who wished to speak against the proposal. There was no one. He closed the public hearing.

He asked for Staff's recommendation, and Mr. Ben-Yisrael stated the City recommends changing the zoning. Mr. Arenson asked about the zoning allowing for single family residential use, and Mr. Ben-Yisrael stated that was an allowed use as long as there was access to a publicly maintained and paved road.

Motion: Mr. Washington made a motion to recommend to City Council that they change the zoning of the two properties in Persimmon Hill from Planned Development to Conservation/Open Space as recommended by the City. Mr. Smith seconded the motion.
Discussion: There was none.
Vote: All voted in favor.

VII. Comments from the Commission

Mr. Arenson suggested, based on public comments, that the Table of Land Uses be reviewed and analyzed and some of the allowed uses revised.

Mr. Wall asked Staff if they would review the members' reappointment dates and contact the members about their wish to continue serving on the Commission.

Mr. Smith asked if the zoning ordinance was available to the public, including the Land Use Table, and Mr. Ben-Yisrael stated the entire zoning ordinance is available online and by request. He stated Staff could try to inform the public that this information is available to them.

Mr. Connerty asked that they be advised as to when this would come before City Council. Mr. Ben-Yisrael stated this was to be placed on Council's November agenda.

Ms. McSwain asked if the land use buffer ordinance discussion would be scheduled for the next meeting, and Mr. Ben-Yisrael stated it would.

VIII. Comments From Staff

Mr. Ben-Yisrael provided copies of the information regarding the new State code requirement that a local government's permit applications include the question of whether the property is governed by covenants and restrictions that would prohibit the use for which the applicant is applying. There was brief discussion regarding the implementation of this.

Mr. Ben-Yisrael mentioned the required annual continuing education training was coming up and announced that this year he was unable to provide it in-house.

IX. Adjournment

Mr. Smith made the motion to adjourn. Mr. Washington seconded the motion. All voted in favor, and the meeting adjourned at or about 8:04 pm.