SC - Charleston: Planning/Public Works Committee

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Planning/Public Works Committee

Post Courier

CHARLESTON COUNTY COUNCIL PUBLIC HEARING: PLANNED DEVELOPMENT AMENDMENT Tuesday, August 20, 2019, 6:30 PM

Tagged Passions:council, development, Development, and hearing

Charleston County Council will hold a public hearing 6:30 pm, August 20, 2019, in County Council Chambers (second floor of Lonnie Hamilton, III,

Public Services Building, 4045 Bridge View Drive, N. Charleston, SC 29405) on the following:
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ZREZ-05-19-00099: Request to amend PD-128A, Maybank Highway Planned Development, to PD-128B, Maybank Highway Planned Development, to allow Limited

Home Rental Short-Term Rentals on a total of 3.21 acres at TMS 279- 00-00-323, -315 and -320 (1740, 1724, and 1725 Dominic Drive).
Tagged Passions:development, Development, rental, and short-term rental

For more details, visit www.charlestoncounty.org or contact the Charleston County Planning Department at (843) 202- 7200. This Public Notice is in

accordance with Section 6-29-760 of the Code of Laws of South Carolina.
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Kristen L. Salisbury Clerk of Council

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Page 1 of 3

Planned Development Amendment Request: ZREZ-05-19-00099, PD-128B Maybank Highway

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Case History

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Public Hearing: August 20, 2019 Planning/Public Works Committee: September 5, 2019

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First Reading: September 10, 2019 Second Reading: September 24, 2019

Third Reading: October 8, 2019

CASE INFORMATION

Location: 1724, 1725 1740 Dominic Drive (Johns Island Area)

Parcel Identification: 279-00-00-315, -320, -323

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Council District: 8

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Property Size: TMS 279-00-00-315 is 1.84 acres, -320 is 0.52 acres, and -323 is 0.85 acres for a total of 3.21 acres.

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Application: Request to rezone from the Planned Development, PD-128A, Maybank Highway, Zoning District to the Planned Development, PD-128B, Maybank

Highway, Zoning District to allow for Limited Home Rental Short-Term Rentals.
Tagged Passions:development, zoning, Development, rental, and short-term rental

Zoning History: PD-128 was approved in December 2006 for three single-family dwellings. PD-128 was rezoned to PD-128A in February 2009 to allow for

an accessory dwelling unit on each of the three lots and to convert an existing garage on TMS 279-00-00-323 to become an accessory dwelling unit.
Tagged Passions:zoning and history

To date, two single-family dwellings have been built and the existing garage has been converted to an accessory dwelling unit. Specifically, TMS

279-00-00-315 has one single family dwelling; TMS 279-00-00- 323 contains one single-family dwelling and one accessory dwelling unit (the converted garage), and TMS 279-00-00-320 is undeveloped.

Adjacent Zoning: There is a mixture of zoning districts surrounding the property. Adjacent properties are zoned either Agricultural Preservation

(AG-8) or Agricultural Residential (AGR), and Agricultural Preservation (AG-15) zoning exists on properties located across the creek on Wadmalaw Island. Uses surrounding the property include single-family dwellings and agricultural uses.
Tagged Passions:agriculture, zoning, preservation, and property

Overview of Requested PD Guidelines The applicant is requesting to rezone from the Planned Development, PD-128A, Maybank Highway, Zoning District to

the Planned Development, PD-128B, Maybank Highway, Zoning District to allow for Limited Home Rental Short-Term Rentals.
Tagged Passions:development, zoning, Development, rental, and short-term rental

Specifically, PD-128B requests the following: Single-family dwellings and accessory dwelling units on all parcels may be used for Limited Home Rental

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Short-Term Rentals in accordance with Article 6.8 of the ZLDR. Parking for the Limited Home Rental Short-Term Rentals will be provided in accordance

with Section
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9.3.2 of the ZLDR. Replace language throughout the PD specifying that issues not addressed in the PD must comply with

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the ZLDR in effect in 2006/2008 with compliance with the AGR Zoning District regulations in effect at the time of subsequent development application

submittal; and
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Page 2 of 3

Remove Appendix A, which included Article 4.7; Chapter 5, Articles 5.1 through 5.8 and Chapter 5 Maps; and Chapter 6, Articles 6.1 through Article

6.6, including Article 6.1 Use Table; of the July 18, 2006 ZLDR.
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Municipalities Notified/Response: The City of Charleston, City of North Charleston, Town of Kiawah Island, Town of Seabrook Island, and Town of James

Island were notified of this request but have not responded.

Public Input: No public input has been received at this stage.

STAFF RECOMMENDATION

According to Section 4.23.9 E (9) of the Zoning and Land Development Regulations Ordinance (ZLDR), applications for PD Development Plans may be

approved only if County Council determines that the following criteria are met:
Tagged Passions:regulation, ordinance, council, development, zoning, and Development

A. The PD Development Plan complies with the standards contained in this Article; Staff response: The proposed amendment to the Planned Development

complies with the standards contained in ZLDR Article 4.23.
Tagged Passions:development, zoning, and Development

B. The development is consistent with the intent of the Comprehensive Plan and other adopted policy documents; and Staff response: Prior to the

adoption of PD-128, the parcels were zoned AGR. This PD application amendment request is consistent with the Short-Term Rental requirements of the AGR Zoning District, allowing for up to 72 rental days and requiring that the property be owner-occupied (Limited Home Rental). The request is consistent with the Short-Term Rental regulations for the AGR Zoning District.
Tagged Passions:regulation, strategic, development, zoning, Development, rental, property, policy, and short-term rental

C. The County and other agencies will be able to provide necessary public services, facilities, and programs to serve the development proposed, at

the time the property is developed. Staff response: The proposed amendment to PD-128A to allow for Limited Home Rental Short-Term Rentals is consistent with the existing development. Previous letters of coordination provided for the Planned Development remain satisfactory and do not need to be updated to account for the proposed use.
Tagged Passions:development, services, program, Development, rental, Public Works, public works, property, and short-term rental

The requested PD amendment is consistent with the Comprehensive Plan and the Charleston County Zoning and Land Development Regulations Ordinance

(ZLDR) and therefore Staff recommends approval with the following conditions:
Tagged Passions:regulation, ordinance, strategic, development, zoning, and Development

Sec. II, Land Use, 2nd paragraph: Change language proposed in the fifth sentence to state Permitted single-family detached residential Dwellings and

accessory dwellings may be used for Limited Home Rental Short-Term Rentals in accordance with the requirements of ZLDR Article 6.8, Short-Term Rentals as they apply to the AGR Zoning District that are in effect at the time of subsequent development application submittal.
Tagged Passions:development, zoning, Development, rental, and short-term rental

Sec. IV, Accessory Dwellings, 1st bullet: Delete (July 18, 2006) .

PLANNING COMMISSION MEETING: JULY 8, 2019

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Recommendation: Approval with conditions (Vote: 6-0, with 3 absent).

Conditions of Approval:

Sec. II, Land Use, 2nd paragraph: Change language proposed in the fifth sentence to state Permitted single-family detached residential Dwellings and

accessory dwellings may be used for Limited Home Rental Short-Term Rentals in accordance with the requirements of ZLDR Article 6.8, Short-Term Rentals as they apply to the AGR Zoning District that are in effect at the time of subsequent development application submittal.
Tagged Passions:development, zoning, Development, rental, and short-term rental

Sec. IV, Accessory Dwellings, 1st bullet: Delete (July 18, 2006) .

Page 3 of 3

Speakers: No one spoke in support or in opposition of the application.

Notifications: 189 notification letters were sent to owners of property located within 300 feet of the boundaries of the subject parcel and

individuals on the Johns Island Interested Parties List on June 21, 2019. Additionally, this request was noticed in the Post Courier on June 21, 2019.
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PUBLIC HEARING: AUGUST 20, 2019

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Notifications: 189 notification letters were sent to owners of property located within 300 feet of the boundaries of the subject parcel and

individuals on the Johns Island Interested Parties List on August 2, 2019. Additionally, this request was noticed in the Post Courier on August 2, 2019.
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Charleston County Planned Development Amendment Request

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Public Hearing August 20, 2019 Planning/Public Works Committee September 5, 2019

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ZREZ 05 19 00099 Johns Island Area: 1724, 1725 and 1740 Dominic Drive Parcel I.D.: 279 00 00 315, 320, 323 Request to rezone from the Planned

Development, PD 128A, Maybank Highway, ZoningDistrict to the Planned Development, PD 128B, Maybank Highway, Zoning District to allowfor Limited Home Rental Short Term Rentals. Applicants: Clara Lobo and Jacqueline Baer
Tagged Passions:development, zoning, Development, rental, property, and short-term rental

P.O. Box 306, Johns Island, SC 29457 Owners: Clara Lobo (1724 Dominic Drive)

Jacqueline Baer (1724 1725 Dominic Drive) Cherie and William Roff (1740 Dominic Drive)

Representative: Eric Baer P.O. Box 306, Johns Island, SC 29457

Acreage: 3.21 acres Council District: 8

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PD 128 was approved in December 2006 for three single family dwellings. PD 128 was rezoned to PD 128A in February 2009 to allow for an accessory

dwelling unit on each of the three lots and to convert an existing garage on TMS 279 00 00 323 to become an accessory dwelling unit.
Tagged Passions:zoning

To date, two single family dwellings have been built and the existing garage has been converted to an accessory dwelling unit. Specifically, TMS 279

00 00 315 has one single family dwelling; TMS 279 00 00 323 contains one single family dwelling and one accessory dwelling unit (the converted garage), and TMS 279 00 00 320 is undeveloped.

Zoning History

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Subject Property

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Subject Properties

Area Description

There is a mixture of zoning districts surrounding the property. Adjacent properties are zoned either Agricultural Preservation (AG 8) or

Agricultural Residential (AGR), and Agricultural Preservation (AG 15) zoning exists on properties located across the creek on Wadmalaw Island. Uses surrounding the property include single family dwellings and agricultural uses.
Tagged Passions:agriculture, zoning, preservation, and property

Aerial View

TMS 279 00 00 315 TMS 279 00 00 323

TMS 279 00 00 320

Aerial View

TMS 279 00 00 315

TMS 279 00 00 320

TMS 279 00 00 323

ZREZ 05 19 00099

1 Subject Property 1724 Dominic

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2 Subject Property 1725 Dominic

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ZREZ 05 19 00099

4 Adjacent Property 5 Adjacent property

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3 Subject Property 1740 Dominic

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PD 128A Requested Amendments

The applicant is requesting to rezone from the Planned Development, PD 128A, Maybank Highway, Zoning District to the Planned Development, PD 128B,

Maybank Highway, Zoning District to allow for Limited Home Rental Short Term Rentals.
Tagged Passions:development, zoning, Development, rental, and short-term rental

Specifically, PD 128B requests the following: Single family dwellings and accessory dwelling units on all parcels may be

Tagged Passions:property

used for Limited Home Rental Short Term Rentals in accordance with Article 6.8 of the ZLDR.

Tagged Passions:zoning, rental, and short-term rental

Parking for the Limited Home Rental Short Term Rentals will be provided in accordance with Section 9.3.2 of the ZLDR.

Tagged Passions:zoning, rental, short-term rental, and parking

Replace language throughout the PD specifying that issues not addressed in the PD must comply with the ZLDR in effect in 2006/2008 with compliance

with the AGR Zoning District regulations in effect at the time of subsequent development application submittal; and
Tagged Passions:regulation, development, zoning, Development, and compliance

Remove Appendix A, which included Article 4.7; Chapter 5, Articles 5.1 through 5.8 and Chapter 5 Maps; and Chapter 6, Articles 6.1 through Article

6.6, including Article 6.1 Use Table; of the July 18, 2006 ZLDR.
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Approval Criteria According to Section 4.23.9 E (9) of the Zoning and Land Development Regulations

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Ordinance (ZLDR), applications for PD Development Plans may be approved only if County Council determines that the following criteria are met:

Tagged Passions:ordinance, council, development, zoning, and Development

A. The PD Development Plan complies with the standards contained in this Article; Staff response: The proposed amendment to the Planned Development

complies with the standards contained in ZLDR Article 4.23.
Tagged Passions:development, zoning, and Development

B. The development is consistent with the intent of the Comprehensive Plan and other adopted policy documents; and

Tagged Passions:strategic, development, Development, and policy

Staff response: Prior to the adoption of PD 128, the parcels were zoned AGR. This PD application amendment request is consistent with the Short Term

Rental requirements of the AGR Zoning District, allowing for up to 72 rental days and requiring that the property be owner occupied (Limited Home Rental). The request is consistent with the Short Term Rental regulations for the AGR Zoning District.
Tagged Passions:regulation, zoning, rental, property, and short-term rental

C. The County and other agencies will be able to provide necessary public services, facilities, and programs to serve the development proposed, at

the time the property is developed.
Tagged Passions:development, services, program, Development, Public Works, public works, and property

Staff response: The proposed amendment to PD 128A to allow for Limited Home Rental Short Term Rentals is consistent with the existing development.

Previous letters of coordination provided for the Planned Development remain satisfactory and do not need to be updated to account for the proposed use.
Tagged Passions:development, Development, rental, and short-term rental

Recommendation

The request is consistent with the Comprehensive Plan andthe Charleston County Zoning and Land DevelopmentRegulations Ordinance (ZLDR)

Tagged Passions:ordinance, strategic, and zoning

STAFF PLANNING COMMISSION RECOMMENDATIONS: Approval with Conditions

Tagged Passions:planning and boards and commissions

Recommended Conditions of Approval Sec. II, Land Use, 2nd paragraph: Change language proposed in the fifth

sentence to state Permitted single family detached residential Dwellings and accessory dwellings may be used for Limited Home Rental Short Term

Rentals in accordance with the requirements of ZLDR Article 6.8, Short Term Rentals as they apply to the AGR Zoning District that are in effect at the time of subsequent development application submittal.
Tagged Passions:development, zoning, Development, rental, and short-term rental

Sec. IV, Accessory Dwellings, 1st bullet: Delete (July 18, 2006) .

Notifications

June 21, 2019 189 notifications were sent to owners of property located within 300 feet of

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the boundaries of the subject parcel and individuals on the Johns Island Interested Parties List.

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Ad ran in the Post Courier.

August 2, 2019 189 notifications were sent to owners of property located within 300 feet of

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the boundaries of the subject parcel and individuals on the Johns Island Interested Parties List.

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Ad ran in the Post Courier.

Charleston County Planned Development Amendment Request

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Public Hearing August 20, 2019 Planning/Public Works Committee September 5, 2019

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I. Purpose and Intent of Project

There were 4 separate parcels ranging from 0.29 high acres to 0.73 high acres. They were recently combined to form 3 separate parcels ranging from

0.524 high acres to 0.638 high acres. We are requesting a revision to the previously approved PD to allow for accessory dwelling units. Any details not addressed in the planned development shall meet the requirements of the Charleston County Zoning and Land Development Regulations/or the AGR Zoning District. See attached AGR Standards which shall apply indefinitely. (Attach Chapters 4, 6, and summary section) shall meet the requirements of the AGR Zoning District in effect at the time of subsequent development application submittal.
Tagged Passions:regulation, development, zoning, Development, and property

II. Land Use

The subject property is comprised of three parcels TMS 279-00-00-315, 279-00- 00-320, and 279-00-00-323 consisting of approximately 3.20 acres, of

which approximately 1.72 acres is highland. Parcel 279-00-00-315 currently has an existing home, and parcel 279-00-00-323 has an existing 800 square foot two car garage Parcel 279-00-00-320 has an existing mobile home which shall be removed. The properties are currently zoned PD- 128A;
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TMS 279-00-00-315 is .638 high acres, TMS C 2A: 279-00-00-320 shall consist of .524 high acres, and TMS 279-00-00-323 shall consist of 0.554 high

acres. The max number of units for these combined parcels is three, with a maximum density of 0.57 units per acre. Two of the properties, TMS 279-00-00-315 and 279- 00-00-323 have water frontage. The land use of the proposed development is for single-family detached residential dwellings and accessory dwellings less than 1500 square feet on each of the three new lots. Permitted single-family detached residential dwellings and accessory dwellings may be used for Limited Home Rental Short-Term Rentals in accordance with Article 6.8, Short-Term Rentals, of the ZLDR in effect at the time of subsequent development application submittal. The existing 800 square foot garage located on Lot 279- 00-00-323 shall be upgraded to an accessory dwelling as long as it meets all building code requirements. In addition, the existing accessory dwelling on lot 279-00-00-323 may be occupied prior to the construction of a principle dwelling unit. Please note this structure is inside the proposed OCRM Critical Line Setback, if this accessory dwelling is destroyed the structure may be rebuilt as its said kind in its existing location. In addition, a portion of the existing residence located on 279-00-00-315 is located within the proposed setback. Should this residence be destroyed it too may be rebuilt as said kind in its existing location. Permits must be in hand within one year of the destruction per the current ordinance in March 2008. Accessory dwelling unit requirements and any other regulations not covered in the PD document shall comply with the requirements of the AGR Zoning District in effect at the time of subsequent development submittal should reference the AGR zoning district standards of ZLDR as amended on March 4, 2008. All lots must comply with the requirements of all area service providers.
Tagged Passions:regulation, ordinance, construction, utility, development, Utility, zoning, water, Development, rental, property, short-term rental, and building codes

III. Setback Criteria

Proposed Density/Intensity and Dimensional Standards Max. Number of Lots = 3 Lots Min. Lot Size = 0.50 High Acres Max. Density = .57 units/acre Min.

Lot Width = 90' Max Building Cover =30 Max Building Height =35 feet above base flood Min Length to Width Ratio =4:1
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Min Setbacks Front Maybank Hwy =25 feet Front =10 feet Side from Easement =10 feet Rear =10 feet

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Waterfront Development Standards The waterfront development standards for the proposed development are: Min. Lot Area: 0.5 High Aces

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Min. Lot Width: 90 feet Min. Lot Width Average: 170 feet Min. Buffer from OCRM Critical Line: 35 feet Min. Building Setback for Lot 279-00-0000 315

from OCRM Critical Line: 50 feet Min. Building Setback for Lot 279-00-00-323 from OCRM Critical Line: 50 feet

IV. Accessory Dwellings

The lots shall not be required to be a minimum of 50 percent larger than the minimum area required for a principal residential structure as required

by Charleston County Zoning and Land Development Regulations (July 18, 2006).
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Only one accessory dwelling unit shall be permitted per zoning lot The heated gross floor area of the accessory dwelling unit shall not exceed 1,500

square feet. Separate electric meters shall not be allowed for attached accessory dwellings but shall be allowed for
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detached units. Each of the three stated lots shall be eligible for accessory dwelling units that meet the above

requirements. All accessory dwelling units will meet all lot standards unless otherwise noted.

V. Screening and Buffering

A 15-foot landscape buffer will be provided along the Maybank Highway. The Buffer will be planted with a minimum of two canopy trees, 3 evergreens

under story trees, and 30 shrubs per 100 feet of road frontage. Buffers will be in place prior to the issuance of the CO of the first new primary dwelling unit. See conceptual drawing 3 attached.
Tagged Passions:streets, zoning, plant, trees, and buildings and grounds

The proposed development shall meet the requirements of Article 9.4, Tree Protection and Preservation.

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VI. Roadways

All roadways shall be designed to meet the internal fire code as adopted by Charleston County Council.

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VII. Street Lighting

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Street Lighting will be provided to meet Charleston County Standards.

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VIII. Signage

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Street signs and other signage required by Charleston County shall be provided and shall meet Charleston County and SCDOT Standards.

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IX. Fencing

Fencing shall meet Charleston County Ordinance and Building Codes.

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X. Utilities

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All new and/or relocated utilities shall be place underground Water at the site shall be provided by St. Johns Water Company and a letter of

availability contingent
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upon the new 24 line is provided. Sewer at the site shall be provided by septic tank and as approved by SC DHEC. Electricity at the site shall be

provided by Berkley Electric Coop. Fire Protection shall be provided by St. John's Fire District. A Fire/Emergency Services Confirmation is
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provided. A letter of Coordination from SCDOT is also provided.

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XI. Schedule

All landscaping improvements shown in the attached plans shall be completed prior to the CO of the first primary dwelling unit being issued.

XII. Parking

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Parking for the Limited Home Rental Short-Term Rentals shall comply with Section 9.3.2, Off-Street Parking Schedule, of the ZLDR in effect at the

time of subsequent development application submittal.
Tagged Passions:streets, development, zoning, Development, rental, short-term rental, and parking

ZREZ-05-19-00099 Case History ZREZ-05-19-00099 Power Point Presentation PD-128A with amendments ADP7D19.tmp I. Purpose and Intent of Project II. Land

Use III. Setback Criteria
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ADP16F4.tmp Min Setbacks Waterfront Development Standards IV. Accessory Dwellings V. Screening and Buffering VI. Roadways VII. Street Lighting

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ADP161.tmp Min Setbacks Waterfront Development Standards IV. Accessory Dwellings V. Screening and Buffering VI. Roadways VII. Street Lighting

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ADPE5A4.tmp Min Setbacks Waterfront Development Standards IV. Accessory Dwellings V. Screening and Buffering VI. Roadways VII. Street Lighting

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ADPC34F.tmp VIII. Signage IX. Fencing X. Utilities XI. Schedule

Tagged Passions:utility, Utility, advertising, and signage

ZREZ-05-19-00099 Application Form


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