SIMPSONVILLE
PLANNING COMMISSION |
MEMBERS
PRESENT: Donnie McDowell, Dick Witkowski,
Mike Newman, Roy Shelton, James Boyd |
MEMBERS
ABSENT: Kirk Leitke |
CITY
STAFF/LEADERS PRESENT: Al Spain |
GREENVILLE
COUNTY DEPARTMENT OF PLANNING STAFF PRESENT: Kevin
Robinson |
CALL
TO ORDER/OPENING REMARKS: |
Commission
Chair Dick Witkowski called the meeting to order at 6:30 p.m. |
Mr.
Spain held roll call. |
Mr.
Witkowski presented the items on the agenda and the hearing procedure.
|
Mr.
Boyd motioned to accept the April 2007 Planning Commission minutes.
|
Mr.
Shelton seconded the motion. |
The
motion passed unanimously. |
As
requested at the April hearing, Mr. Spain stated corrections had
been made to tax map numbers for the South St. Planned Development
|
Mr.
Witkowski thanked all who worked on the Historic Property Ordinance,
but said that it did not pass Council. Also mentioned were the two
Planned Development properties, from the month before, and Councils’
review.. |
Text
Amendments to City of Simpsonville Tree and Landscaping Ordinance
|
After
review from the previous two months hearings and workshops Mr. Robinson
presented a brief overview of the changes that had been proposed
for the Tree and Landscaping Ordinance. |
Mr.
Newman motioned to approve the text amendments to the Tree and Landscaping
Ordinance. |
Mr.
Boyd seconded the motion. |
The
motion passed unanimously. The text amendments were approved by
Planning Commission and will go to Council for vote. |
TX0702
Proposed Pay Day Loan, Check Cashing, and Title Loan Ordinance |
Mr.
Robinson summarized the proposed Pay Day Loan, Check Cashing and
Title Loan Ordinance. This Ordinance would define and remove these
businesses from those allowed in all zoning districts except S-1,
where they would be allowed by right. In addition, current businesses
in other districts would be allowed until their property had discontinued
use for 90 days. Also future businesses could locate in C-2 when
approved by the Board of Zoning Appeals when meeting specific criteria.
|
Mr.
Witkowski indicated Mr. Monson, from Advance America, had spoken
at the previous hearing when the resolution was adopted and that
Ms. Halker, Community Cash Service, had sent a letter to the Planning
Commission Members. Ms. Halker was asked if she had any comments.
|
Ms.
Sandra Halker, owner of Community Cash Service 704 NE Main St.,
stated that her business had been in Simpsonville for six years
and abided by all State and local laws. Ms. Halker also stated that
she rented from a landlord and expressed concern that these businesses
were being “singled out” and as a result of the Ordinance her landlord
could “hold her business hostage” as, according to her, it could
not move from its location. |
Mr.
John Monson, legal counsel to Advance America Corporate Headquarters
135 N. Church St. Spartanburg, stated that the Federal Reserve Bank
had not established these businesses as “predatory lending” and
that they have no complaints from their customers. He recommended
that the Planning Commission reconsider the 90 day nonconforming
use clause as it would have the unintended effect of “holding these
businesses hostage”. |
Mr.
Shelton asked Mr. Monson about the Federal Reserve and the set 36%
APR for service members. |
Mr.
Newman asked Mr. Monson about current legislation in the State House
and Senate. |
Mr.
Monson replied that Advance America does not lend to military persons
in South Carolina and that the House proposed 36% APR cap would
effectively put them out of business. |
Mr.
Newman asked Mr. Monson about how many PayDay Loan and similar businesses
a city the size of Simpsonville could support. |
Mr.
Monson said that the market could best determine that. |
Mr.
Newman asked Ms. Halker the same thing. |
Ms
Halker responded that she did not believe many more businesses of
the like would be locating in Simpsonville anytime soon. Ms Halker
also stated that the 90 days clause and the 3,000 ft. distance requirement
would be too restrictive. She also asked what would happen if she
owned her property and decided to sell it. |
Mr.
Shelton described “grandfathering” and how it is applied to the
use of property and not the people or business. |
Mr.
Spain stated that the property could be sold to someone else for
the same use, but that it must occur within 90 days of discontinued
use. |
Mr.
Tim Queen, owner EZ Check Advance 505 SE Main St, reiterated that
businesses were being singled out and that they have been given
a bad reputation. He stated that these businesses were not predatory
lending. Also he requested that the market decide where and how
many stores are located in Simpsonville and that Planning Commission
consider the Ordinance very carefully. |
Mr.
Newman asked if either Mr. Spain or Mr. Robinson had the Ordinance
reviewed by an attorney. |
Mr.
Witkowski recommended that it be brought before Mr. David Holmes
for review. |
Mr.
Shelton motioned to table the request pending review by legal counsel.
|
Mr.
McDowell seconded the motion. |
Motion
passed unanimously. Proposed PayDay Loan and Check Cashing Ordinance
tabled until further review. |
AXZ-2007-02
Statement of Intent Revision to Towns at Fowler Planned Development
|
Mr.
Robinson presented the revisions to the previously approved Statement
of Intent. This would annex and rezone to PD a split zoned, .5 acre
piece of land adjacent to the development. It would include 4 new
lots and increase the density by .10 units per acre. Staff recommended
approval. |
Mr.
Newman asked about the split zoning and asked Mr. Robinson to show
him on the map. The property is split zoned and only part of it
is within city limits. The property in question was not. |
Mr.
Newman motioned to approve as presented. |
Mr.
Boyd seconded the motion. |
The
motion passed unanimously. The revision was sent to Council for
approval. |
Other
Business: Burdette Place Signs |
Mr.
Spain presented pictures of the proposed signs on the Burdette Building
to Commission. These signs would be larger than allowed (72 sq.
ft. instead of the 20 sq ft. max) and would be up for longer than
the ordinance would allow. PD zoning also requires Planning Commission
approval of signs. |
Mr.
Newman stated that precedent had been made when Cotton Mill Place
had to take their signs down. |
Mr.
Witkowski said that this would have an effect on the nature of downtown
and didn’t see how it would help the marketability of the property.
He also stated that a Final Development Plan had not yet been received
for the development. |
Mr.
McDowell motioned to deny the request. |
Mr.
Witkowski seconded the motion. |
The
motion passed 4 to 1. Mr. Shelton was opposed. Request was denied.
|
Other
Business: Planning Commission Vacancy |
Mr.
Witkowski said that Council would be working to appoint a new member
to Planning Commission to fill the seat left by Ms. Karen Wright.
|
Mr.
Shelton stated the Mayor would like any recommendations from Commission
on the nominee. |
Mr.
Boyd motioned to adjourn. |
May
2007 Planning Commission adjourned at 7:32 pm. |
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