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| The following summary minutes have not been approved by Simpsonville City Council. An official copy of the minutes will be available after adopted by City Council at City Hall 118 NE Main St. Simpsonville. Pursuant to the Freedom of Information Act, notice of this meeting date, time, place and Agenda was posted on the bulletin board at City Hall and faxed to the newspapers, radio stations, television stations and any concerned citizens. |
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MINUTES SIMPSONVILLE PLANNING COMMISSION TUESDAY, MARCH 6, 2007 SIMPSONVILLE CITY HALL , COUNCIL CHAMBERS 6:30 PM
MEMBERS PRESENT: D. McDowell, M. Newman, J. Boyd, D. Witkowski, K. Leitke, R. Shelton
MEMBERS ABSENT: K. Wright
CITY STAFF/LEADERS PRESENT: Al Spain
GREENVILLE COUNTY PLANNING COMMISSION STAFF PRESENT: Kevin Robinson
CALL TO ORDER/OPENING REMARKS:
Commission Chair Dick Witkowski called the meeting to order at 6:42 p.m.
Mr. Spain held roll call.
Mr. Witkowski addressed all agenda items to be discussed.
APPROVAL OF JANUARY MINUTES:
Mr. Newman motioned to approve the minutes.
Mr. Boyd seconded the motion.
Mr. Witkowski asked that statement by Commission that were omitted be included in the minutes and that contingencies that were required for approval of agenda items also be included in the minutes.
Mr. Leitke asked that an extra copy be made of the minutes for his records.
The amended minutes from February were approved unanimously.
OTHER BUSINESS
Mr. Newman motioned to move the site review agenda item the top of the agenda.
Mr. Leitke seconded the motion.
The motion passed unanimously.
Mr. Robinson presented the site review plan for 308 NE Main St . This property is zoned C-N for Neighborhood Commercial and is intended for office use. Mr. Jake Dickins, 212 NE Main St . , stated that the proposed use of the building for the Emergency Restoration Services fits in to the Simpsonville strategic plan.
Mr. Witkowski asked what the garage in the rear of the property would be used for.
Ms. Jane Shultz, owner, said it would be used primarily for storage.
Mr. Witkowski encouraged the use of pervious concrete on the driveway as was proposed. He stated that this was a good way to reduce dust and particulate matter from the driveway and help improve air quality.
Mr. Charles Harrison, employee of Emergency Restoration Services, said that all their trucks are new bio-diesel and also that pervious concrete was a good thing for Simpsonville. He agreed to look into it as a viable option.
Mr. Shelton asked if equipment would be stored in the back of the building.
Mr. Harrison said yes it would and that most equipment would be stored inside the garage, the trailer in the back or inside the house.
Mr. Leitke asked about the need for any fences.
Mr. Dickins said that there was a great natural buffer in the rear to separate the property from residential behind it.
Mr. Newman motioned to approve.
Mr. Boyd seconded.
The motion passed unanimously.
OLD BUSINESS
TX0701 Historic Preservation Ordinance
Mr. Robinson presented the new Historic Preservation Ordinance. This was different than the one presented at the Feb. hearing. This new ordinance removed the “voluntary only” process of application for designation of property.
Mr. Shelton said he wanted to make sure that everyone present understood that City Council should still approve this first and that there would be due process and time allowed for citizen input.
Mr. Leithke asked if in the new ordinance citizens would be able to argue the designation of their property.
Mr. Robinson said yes.
Mr. Witkowski told the audience the history of this type of ordinance in the city and why the process was being attempted and that this wasn’t an attempt to take anyone’s property.
Mr. Spain said that Mr. Moore, developer of Cotton Mill Place , plans on beginning phase 2 soon, and that this ordinance would be included in section 12 of the ordinances.
Mr. Newman asked about the districts and whether this would allow for them.
Mr. Robinson said that districts were defined and briefly mentioned, but the process for their designation was not detailed. This ordinance is more for designating individual properties.
Mr. Leitke expressed concern over the creation of districts and said he wanted to make sure this wouldn’t just result in the taking of land rights.
Mr. Shelton said he saw this as more of a zoning change and one that would require approval by City Council as well. He went on to say that Cotton Mill Place would be the initial “showplace” for this ordinance and that if it worked well others may choose to designate their properties.
Mr. McDowell said that planning Commission didn’t need to try the same thing as 2 years ago and that no on should have their property taken.
Mr. Newman motioned to approve the Ordinance to City Council
Mr. Shelton seconded.
The motion passed by a 4-2 vote.
Text Amendment to Tree and Landscaping Ordinance
Mr. Robinson presented the amended Tree and Landscaping Ordinance and summarized all changes to be made.
Mr. Spain said that Commission could already require a landscape plan and that this would be redundant. He said this should be included in future overlays and left of the ordinances because this would hold things up.
Mr. Witkowski asked about whom could levy fines if Planning Commission could not.
Mr. Spain said that only a judge could and it is a $500 maximum.
Mr. Newman asked about Capewood. Could the developer be fined for each tree that was removed and the “donut hole” that was formed by annexation.
Mr. Spain said the fine was $500 total and that the annexation rules were currently being ruled on in court.
Mr. Newman asked about the current system of recommendation.
Mr. Spain said it would still have to be approved by City Council.
Mr. Leitke asked about ownership of the Capewood property.
Mr. Spain said that the previous owner was dead.
Mr. Witkowski said that Commission denied Capewood, but City Council agreed. But it has come back since it has been a year. He said that exemptions for tree surveys should be removed so that everyone is treated the same.
Mr. Spain recommended that C-1 zoning downtown be exempted since many of the properties have zero lot lines.
Mr. Leitke said that it may be to someone’s advantage to remove all the trees on their property before coming into the city. He recommended that the trees are required to be replaced before rezoning or annexation could occur.
Mr. Shelton stated that the reason for Planned Development zoning is that restrictive requirements, such as landscaping, can be included.
Mr. Newman mentioned Shadow Creek and said that no one should be exempted.
Mr. Witkowski asked if a site had no trees could they be required to add them.
Mr. Spain said that they would be required to add them to the minimum of 170 dbh.
Mr. Newman asked about the size of 170 dbh.
Mr. Spain said 170 dbh is about 17, 2 inch trees.
Mr. Spain said that the city may not have an arborist to deliberate over tree removals certificates.
It was decided that the verbage to the ordinance be changed to allow for a replacement in this circumstance.
Mr. Witkowski recommended that the ordinance be tabled until changes could be made.
Mr. Newman motioned to table the ordinance until the next hearing.
Mr. Boyd seconded the motion.
The motion carried. The ordinance was tabled until the April hearing.
Mr. Witkowski asked how violations go from Ordinance to the judge.
Mr. Spain described the legal process of fining violators. He said that the city lawyer could recommend the fines per tree or per property.
Mr. Newman inquired about the procedure for zoning changes.
Mr. Spain said that if approved then site development process begins with a tree survey. But Planned Developments require more. A tree survey is necessary before any clear cutting can occur, and only if approved by landscape plan.
Mr. Newman asked if there is any way to fine violators of the Tree Ordinance more than $500.
Mr. Spain said it was $500 maximum per violation per day of violation. It would require an amendment to fine tree by tree.
Mr. Shelton said that there should be an ordinance to require that larger trees be kept instead of replacing them with small trees.
Mr. Newman said the tree survey, once approved, can accompany a tree clearing certificate. No clearing should happen until there is a tree clearing certificate.
Mr. Witkowski clarified that the ordinance was only being amended not completely redone. Only the changes should be discussed. He recommended that Planning Commission discuss this at a later hearing since it was tabled.
Mr. Witkowski asked Mr. Spain about the Title Loan Ordinance.
Mr. Spain said that the businesses are most likely financial institutions, but this is pending a hearing by the state Attorney General.
Mr. Boyd motioned to adjourn.
Mr. McDowell seconded the motion.
Motion passed unanimously. Hearing adjourned at 7:59 pm
ADJOURN
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| 118 N E Main Street, Simpsonville, SC 29681 |
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