Town of Kiawah Island Zoning Ordinance Text Amendment and ...€¦ · Zoning Ordinance Text...

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Town of Kiawah Island Zoning Ordinance Text Amendment and Zoning District Map Amendment Applications Planning Commission Meeting: July 6, 2016 Public Hearing and First Reading: August 2, 2016 Second Reading: September 6, 2016

Transcript of Town of Kiawah Island Zoning Ordinance Text Amendment and ...€¦ · Zoning Ordinance Text...

Page 1: Town of Kiawah Island Zoning Ordinance Text Amendment and ...€¦ · Zoning Ordinance Text Amendment Application Application: The applicant is requesting to amend the Land Use Planning

Town of Kiawah Island Zoning Ordinance Text

Amendment and Zoning District Map Amendment Applications

Planning Commission Meeting: July 6, 2016 Public Hearing and First Reading: August 2, 2016

Second Reading: September 6, 2016

Page 2: Town of Kiawah Island Zoning Ordinance Text Amendment and ...€¦ · Zoning Ordinance Text Amendment Application Application: The applicant is requesting to amend the Land Use Planning

Application Information

• Zoning Ordinance Text Amendment Application, Case # ZLDR-06-16-00102: Request to amend the Land Use Planning and Zoning Ordinance, Sec. 12-61 Establishment of Zoning Districts, by creating a new zoning district: Community Support 2 (CS-2).

• Zoning District Map Amendment Application, Case # ZREZ-06-16-00034: Request to amend the zoning district map for the subject property from the CS, Community Support Zoning District, to the CS-2, Commercial Support 2 Zoning District.

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Applicant’s Letter of Intent • The letter of intent from the Town of Kiawah Island states, “The

Town of Kiawah Island is seeking a zoning change and map amendment on its property located at 21 Beachwalker Drive, Kiawah Island, South Carolina, and is further identified on Charleston County Assessor’s Office as Tax Map #207-05-00-121.”

• “The property is currently zoned CS – Community Support, and the requested zone is CS-2 – Community Support II. Under the current Town of Kiawah Island Zoning Ordinance, Professional Organizations are not permitted uses under Community Support zoning district. Currently, KICA is able to operate under the current zone of CS because it is secondary use, and the Town is the primary use and Government Services are permitted by right under CS.”

• “Henceforth, the Town is seeking a zone change to CS-2 to allow KICA that is defined as a Professional Organization to be permitted by right once the Town moves out and into our new facility sometime in the spring of 2017.”

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Property Information

• Address: 21 Beachwalker Drive

• Parcel I.D.: 207-05-00-121

• Applicant: Town of Kiawah Island

• Owner: Town of Kiawah Island

• Property Size: 3.5 acres

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The subject property contains the current Town of Kiawah Island Municipal Center and the offices for the Kiawah Island Community Association. The adjacent property to the north is undeveloped and those across Beachwalker Drive contain residential uses. The properties further to the north contain an office park and a retail store/gas station.

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Aerial Photo

Subject Property

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Subject Parcel (looking to the South) Subject Property

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Zoning Ordinance Text Amendment Application

Application: The applicant is requesting to amend the Land Use Planning And Zoning Ordinance, Sec. 12-61 Establishment of Zoning Districts, by creating a new zoning district: Community Support 2 (CS-2). The new zoning classification would allow by right all the uses listed below: Proposed CS-2 Permitted Uses • All uses permitted in R3 • All uses permitted in Park (PR) • Community Association Offices and meeting space • Community Recreation, including sports activities, playgrounds and

athletic areas (beaches or pools) • Personal Improvement Services including health or physical fitness

studios

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Zoning Ordinance Text Amendment Application

Proposed CS-2 Permitted Uses • Business and professional organizations • Social and Civic organizations • Administrative or business office • Court of Law • Safety services including emergency medical or ambulance

services, fire protection, Beach Patrol, or police protection • Historical sites • Libraries or archives • Museums or art galleries • Parks • Church, synagogue, or religious assembly • Visitors bureau

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Zoning Ordinance Text Amendment Application

Proposed CS-2 Conditional Uses • Restaurant, café, coffee shop, or snack bar is only permitted in the

CS-2 as an ancillary use to the building’s primary function as office and meeting space. (Standards: Be designed so that light sources are shielded from adjacent single-family residential properties, and property zoned R-2.)

• Recreational Equipment Storage • Government offices • Communication towers • Recycling collection, drop off

The proposed Zoning Ordinance Text Amendments to add the proposed CS-2 Zoning District are attached to this report.

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CS Uses

CS Permitted Uses • Court of Law • Safety services, including emergency medical or ambulance

service, fire protection or police protection • Church, synagogue, temple or religious assembly • Electricity or water maintenance facilities • Sewage pumping control stations • Sewage sludge drying beds • Water pressure control stations • Water or sewage treatment facilities • Water storage tanks • Electric or gas power distribution • Sewage collection service lines

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CS Uses

CS Conditional Uses • Historical sites • Libraries or archives • Museums or art galleries • Parks • Recreational equipment storage • Electrical or telephone switching facilities • Government offices • Communications towers • Convention center or visitor’s bureaus • Vehicle service, limited, including automotive oil change or

lubrication shops or carwashes (enclosed area only) • Construction services • Warehouse and storage facilities • Vehicle storage, including boat or RV storage • Recycling collection, drop-off

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CS Uses

CS Special Exception Uses • Electric Substation

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Zoning Ordinance Text Amendment Application

Proposed CS-2 Standards

Sec. 12-71.72 (shift all the shifts below 12.71) – CS-2, Community Support 2 District. (a) Purpose and intent. The purpose of the CS-2, Community Support 2District is to provide for supporting community facilities and services including, but not limited to, residential use, office, recreational utilities, street maintenance facilities and other necessary uses that may not otherwise be compatible with uses permitted in other districts in the Town of Kiawah Island. (b) District regulations. The following apply to the CS-2 zoning district: (1) The maximum floor area ratio for this district is 0.25; (2) Lot standards (setbacks, lot coverage, etc.) are listed in table 2K in this subsection; (3) Authorized uses are listed in table 3A in section 12-102(c); (4) Parking standards are given in section 12-128. (5) Residential uses standards are given in section 12-67. (6) Parks and Recreation standards are given in section 12-72.

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CS Standards

Sec. 12-71. - CS, Community Support District. (a) Purpose and intent. The purpose of the CS, Community Support District is to provide for supporting community facilities and services including, but not limited to, utilities, street maintenance facilities and other necessary uses that may not otherwise be compatible with uses permitted in other districts in the Town of Kiawah Island. (b) District regulations. The following apply to the CS zoning district: (1) The maximum floor area ratio for this district is 0.25; (2) Lot standards (setbacks, lot coverage, etc.) are listed in table 2K in this subsection; (3) Authorized uses are listed in table 3A in section 12-102(c); (4) Parking standards are given in section 12-128.

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Current CS Standards Table 2K. Lot Standards for the CS, Community Support Zoning District

Minimum area (square feet)(1) 20,000

Minimum lot depth (feet) 120

Minimum width(feet) 150

Maximum floor area ratio 0.25

Maximum lot coverage 70 percent

Maximum height(2)(6)

Stories 2.5

Feet 40

Minimum setbacks (feet)(3)

Front 25

Side(4) 25

Rear(5) 25

(1)Smaller nonresidential lots may be permitted by the Town Council as part of a planned development.

(2)Buildings shall not exceed the permitted number of stories or height.

(3)Canopies connected to the main building shall be set back a minimum of 20 feet from any property line.

(4)No interior side yard will be required on contiguous lots.

(5)Accessory structures shall be located a minimum of 20 feet from rear property lines.

(6)Height in the CS zoning district applies to uses which will not fit within the categories in this table. Example: clubhouses or other recreation-oriented structures, public buildings, churches, etc.

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Zoning Ordinance Text Amendment Application: Recommendation by the Planning Commission • Section 12-158(3) of the Zoning Ordinance states “The Planning

Commission shall review the proposed text amendment and/or zoning map amendment and take action, recommending that the Town Council approve or deny the proposed amendment. The Planning Commission may hold a public hearing in accordance with the procedures in section 12-126. The Planning Commission’s recommendation shall be based on the approval criteria of subsection (6) of this section. The Planning Commission shall submit its recommendation to the Town Council within 30 working days of the Planning Commission meeting at which the amendment was introduced. A simple majority vote of the Planning Commission members present and voting shall be required to approve the amendment.”

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Zoning Ordinance Text Amendment Application: Decision on Amendment by the Town Council

• Section 12-158(5) states “After receiving the recommendation of the Planning Commission, the Town Council shall hold one or more public hearings, and any time after the close of the public hearing, take action to approve, approve with modifications or deny the proposed amendment based on the approval criteria of subsection (6) of this section. A simple majority vote of Town Council members present and voting shall be required to approve the amendment. Zoning map amendments shall not be approved with conditions…”

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Zoning Ordinance Text Amendment Application: Approval Criteria and Applicant’s Response Pursuant to §12-158(6) of the Land Use Planning and Zoning of the Town of Kiawah Island South Carolina (Zoning Ordinance), Text and zoning map amendments to the ordinance may be approved if the following approval criteria have been met:

A. The proposed amendment is consistent with the purposes and intent of

the Town of Kiawah Island Comprehensive Plan; Applicant’s Response: “As part of the Town’s vision on page I-5 of the Comprehensive Plan, it is stated that ‘the Town supports businesses and facilities that in turn support the Town’s property owners and guests.’ The recommended rezoning to CS-2 is to allow KICA, a community organization to expend its office use at 21 Beachwalker Drive once the Town vacates in the spring of 2017.”

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Zoning Ordinance Text Amendment Application: Approval Criteria and Applicant’s Response (cont’d)

B. The proposed amendment is consistent with the purposes and intent of this article; Applicant’s Response: “The amended zone change is consistent with the purposes and intent of Article II, Zoning for the Town of Kiawah Island. “

C. The purpose of the proposed amendment is to further the general health, safety and welfare of the Town of Kiawah Island; Applicant’s Response: “The proposed zoning change will not adversely affect the general health, safety and welfare of the citizens and visitors to Kiawah Island. Additionally, by expending the offices of KICA at its present location, it will allow the community association to continue its exemplary service to the residents of Kiawah Island.”

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Zoning Ordinance Text Amendment Application: Approval Criteria and Applicant’s Response (cont’d)

D. The proposed amendment corrects an error or inconsistency or meets the challenge of a changed condition. Applicant’s Response: “KICA has operated at its present location since early 1997, just one year after the Town was constructed. The proposed rezoning change will address any future inconsistency that may occur due to the sale of town hall to the Kiawah Island Community Association.”

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Zoning Ordinance Text Amendment Application: Planning Commission Recommendation

Page 24: Town of Kiawah Island Zoning Ordinance Text Amendment and ...€¦ · Zoning Ordinance Text Amendment Application Application: The applicant is requesting to amend the Land Use Planning

Zoning District Map Amendment Application

• Application: Request to amend the zoning district map for the subject property from the CS, Community Support Zoning District, to the CS-2, Community Support 2 Zoning District.

• Zoning Information: The subject property is zoned CS. The adjacent property to the north is zoned R-3/Commercial and the properties across the street are zoned R-2 and R-2-O, Residential Overlay District.

• Land Use Information: The subject property contains the current

Town of Kiawah Island Municipal Center and the offices for the Kiawah Island Community Association. The adjacent property to the north is undeveloped and those across Beachwalker Drive contain residential uses. The properties further to the north contain an office park and a retail store/gas station.

Page 25: Town of Kiawah Island Zoning Ordinance Text Amendment and ...€¦ · Zoning Ordinance Text Amendment Application Application: The applicant is requesting to amend the Land Use Planning
Page 26: Town of Kiawah Island Zoning Ordinance Text Amendment and ...€¦ · Zoning Ordinance Text Amendment Application Application: The applicant is requesting to amend the Land Use Planning

Zoning District Map Amendment Application: Recommendation by the Planning Commission • Section 12-158(3) of the Zoning Ordinance states “The Planning

Commission shall review the proposed text amendment and/or zoning map amendment and take action, recommending that the Town Council approve or deny the proposed amendment. The Planning Commission may hold a public hearing in accordance with the procedures in section 12-126. The Planning Commission’s recommendation shall be based on the approval criteria of subsection (6) of this section. The Planning Commission shall submit its recommendation to the Town Council within 30 working days of the Planning Commission meeting at which the amendment was introduced. A simple majority vote of the Planning Commission members present and voting shall be required to approve the amendment.”

Page 27: Town of Kiawah Island Zoning Ordinance Text Amendment and ...€¦ · Zoning Ordinance Text Amendment Application Application: The applicant is requesting to amend the Land Use Planning

Zoning District Map Amendment Application: Decision on Amendment by the Town Council

• Section 12-158(5) states “After receiving the recommendation of the Planning Commission, the Town Council shall hold one or more public hearings, and any time after the close of the public hearing, take action to approve, approve with modifications or deny the proposed amendment based on the approval criteria of subsection (6) of this section. A simple majority vote of Town Council members present and voting shall be required to approve the amendment. Zoning map amendments shall not be approved with conditions…”

Page 28: Town of Kiawah Island Zoning Ordinance Text Amendment and ...€¦ · Zoning Ordinance Text Amendment Application Application: The applicant is requesting to amend the Land Use Planning

Zoning District Map Amendment Application: Approval Criteria and Applicant’s Response Pursuant to §12-158(6) of the Land Use Planning and Zoning of the Town of Kiawah Island South Carolina (Zoning Ordinance), Text and zoning map amendments to the ordinance may be approved if the following approval criteria have been met:

A. The proposed amendment is consistent with the purposes and intent of

the Town of Kiawah Island Comprehensive Plan; Applicant’s Response: “As part of the Town’s vision on page I-5 of the Comprehensive Plan, it is stated that ‘the Town supports businesses and facilities that in turn support the Town’s property owners and guests.’ The recommended rezoning to CS-2 is to allow KICA, a community organization to expend its office use at 21 Beachwalker Drive once the Town vacates in the spring of 2017.”

Page 29: Town of Kiawah Island Zoning Ordinance Text Amendment and ...€¦ · Zoning Ordinance Text Amendment Application Application: The applicant is requesting to amend the Land Use Planning

Zoning District Map Amendment Application: Approval Criteria and Applicant’s Response (cont’d)

B. The proposed amendment is consistent with the purposes and intent of this article; Applicant’s Response: “The amended zone change is consistent with the purposes and intent of Article II, Zoning for the Town of Kiawah Island. “

C. The purpose of the proposed amendment is to further the general health, safety and welfare of the Town of Kiawah Island; Applicant’s Response: “The proposed zoning change will not adversely affect the general health, safety and welfare of the citizens and visitors to Kiawah Island. Additionally, by expending the offices of KICA at its present location, it will allow the community association to continue its exemplary service to the residents of Kiawah Island.”

Page 30: Town of Kiawah Island Zoning Ordinance Text Amendment and ...€¦ · Zoning Ordinance Text Amendment Application Application: The applicant is requesting to amend the Land Use Planning

Zoning District Map Amendment Application: Approval Criteria and Applicant’s Response (cont’d)

D. The proposed amendment corrects an error or inconsistency or meets the challenge of a changed condition. Applicant’s Response: “KICA has operated at its present location since early 1997, just one year after the Town was constructed. The proposed rezoning change will address any future inconsistency that may occur due to the sale of town hall to the Kiawah Island Community Association.”

Page 31: Town of Kiawah Island Zoning Ordinance Text Amendment and ...€¦ · Zoning Ordinance Text Amendment Application Application: The applicant is requesting to amend the Land Use Planning

Zoning District Map Amendment Application: Planning Commission Recommendation

Page 32: Town of Kiawah Island Zoning Ordinance Text Amendment and ...€¦ · Zoning Ordinance Text Amendment Application Application: The applicant is requesting to amend the Land Use Planning

Town of Kiawah Island Zoning Ordinance Text

Amendment and Zoning District Map Amendment Applications

Planning Commission Meeting: July 6, 2016 Public Hearing and First Reading: August 2, 2016

Second Reading: September 6, 2016