CITY OF FLORENCE PLANNING COMMISSION JUNE 14, 2016, 6:30 PM City Center, Council Chambers FLORENCE, SOUTH CAROLINA AGENDA

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1 CITY OF FLORENCE PLANNING COMMISSION JUNE 14, 2016, 6:30 PM City Center, Council Chambers FLORENCE, SOUTH CAROLINA AGENDA I. Call to Order II. Approval of Minutes Regular Meeting May 10, 2016 III. IV. Public Hearing PC Proposed renaming of Chickadee Court to Turtle Dove Drive, in Wild Bird Run Subdivision. Matter in Position for Action PC Proposed renaming of Chickadee Court to Turtle Dove Drive, in Wild Bird Run Subdivision. V. Public Hearing PC Request to amend the Planned Development District Ordinance by rezoning and adding the parcel identified as tax map number , and amending the text within the development standards of the PDD. VI. VII. VIII. Matter in Position for Action PC Request to amend the Planned Development District Ordinance by rezoning and adding the parcel identified as tax map number , and amending the text within the development standards of the PDD. Other Business i. PC An ordinance to amend the City of Florence Zoning Ordinance to set forth conditional use regulations for unattended donation receptacles. Adjournment Next meeting: July 12, 2016

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3 CITY OF FLORENCE PLANNING COMMISSION MINUTES TUESDAY, MAY 10, :30 PM CITY CENTER, COUNCIL CHAMBERS MEMBERS PRESENT: Drew Chaplin, Jennifer Edwards, Mildred Welch, Betty Gregg, Simon Lee, and Kevin Gause. MEMBERS ABSENT: Dorothy Hines, Charles Howard, Jr and Derrick Owens. STAFF PRESENT: Phillip Lookadoo, Tripp Ward, and Clint Moore. CALL TO ORDER: Chairman Chaplin called the May 10, 2016 regular meeting to order at 6:30 p.m. and thanked everyone for their participation. APPROVAL OF MINUTES: Chairman Chaplin introduced the April 12, 2016 regular meeting minutes and asked Commissioners if there were any changes that needed to be made. Being none, Chairman Chaplin called for a motion. Mrs. Edwards made a motion to approve the minutes and Ms. Gregg seconded the motion. Voting in favor of the motion was unanimous (6-0). Chairman Chaplin introduced the April 25, 2016 special meeting minutes and asked Commissioners if there were any changes that needed to be made. Being none, Mrs. Welch made a motion to approve the minutes and Mr. Lee seconded the motion. Voting in favor of the motion was unanimous (6-0). PC Request to Zone R-1, pending annexation, property located at 2527 Kingston Drive, said property being specifically designated in the Florence County Tax Records as Tax Map Parcel Chairman Chaplin read the introduction of the item and asked staff for their report. Phillip Lookadoo gave the staff report as submitted to the Planning Commission (See Attachment 1). Chairman Chaplin asked the Commissioners if they had any questions for staff. There being no questions for staff, Chairman Chaplin opened the public hearing portion of the meeting. Being no one present to speak for or against the request, Chairman Chaplin closed the public hearing portion of the meeting.

4 Chairman Chaplin called for a motion. Mrs. Welch made a motion to approve the request and Ms. Gregg seconded the motion. Voting in favor of the motion was unanimous (6-0). Other Business: Mr. Lookadoo updated the Commissioners on the donation bin ordinance, which had been presented before the City Council May 9, The Council recommended two amendments to the ordinance: 1. Recommendation from Council to ban donation bin receptacles in D-1 districts 2. Recommendation from Council to standardize designs (dimensions, appearance, color, etc.) on donation bin receptacles Staff will look into these recommendations and give Commissioners a report at the June 14, 2016 Planning Commission meeting. Chairman Chaplin thanked Mr. Lookadoo and stated that he knew there were currently height limitations for the donation bin ordinance and asked what other limitations were currently a part of the ordinance. Mr. Lookadoo stated the limitations were mainly height and location. Mr. Lookadoo mentioned there had been a lot of concern by the City Council regarding the bright colors of the receptacles and a color palate would be preferred. Chairman Chaplin asked Mr. Lookadoo to share what the survey of donation bin receptacles had shown. Mr. Lookadoo said a gentleman at the Council meeting had stated that from Darlington Street to Third Loop Road, he had counted 53 donation bins along Irby Street. Adjournment: As there was no other business, Chairman Chaplin requested a motion to adjourn. Mrs. Edwards made a motion to adjourn the meeting and Mrs. Welch seconded the motion. Voting in favor of the motion was unanimous (6-0). Chairman Chaplin adjourned the meeting at 6:39 p.m. The next meeting is scheduled for June 14, Respectfully submitted, Faith Krepps Office Assistant II

5 DATE: June 14, 2016 CITY OF FLORENCE PLANNING COMMISSION MEETING AGENDA ITEM: DEPARTMENT/DIVISION: PC Proposed renaming of Chickadee Court to Turtle Dove Drive Department of Planning, Research & Development I. ISSUE UNDER CONSIDERATION: Proposed renaming of Chickadee Court to Turtle Dove Drive in the Wild Bird Run Subdivision. II. CURRENT STATUS/PREVIOUS ACTION TAKEN: 1) The entirety of the sketch plan for the Wild Bird Run Subdivision (three phases), dated May 2004, was approved by the Florence County/Municipal Planning Commission on December 21, ) The City of Florence Planning Commission approved an updated sketch plan for phase two of the subdivision on August 11, III. POINTS TO CONSIDER: 1) Both the original sketch plan from 2004 and the updated sketch plan from 2015 were approved with a street name within the subdivision of Chickadee Court; however, it was found that an existing Florence County Road just outside of City limits has the same name. The existing Chickadee Court is located in the Forest Lake Pointe Subdivision located off of West Palmetto Street. 2) The change of name is necessary to eliminate any confusion associated with emergency response as well as general wayfinding in the Florence community. 3) Currently, there are no occupants in any house on the street as lots are either vacant or homes are under construction. 4) The proposed street name, Turtle Dove Drive, has been checked against the E- 911 Master Street Address Guide, and it has been determined that no duplicate street names nor phonetic similarities to existing streets were found within the City of Florence or Florence County. 5) If approved by the Planning Commission, the petitioner must submit a copy of a plat with the new street name. The plat is to be stamped by City Planning for approval and the applicant must have the plat recorded at the Florence County Tax Assessor s office and Clerk of Courts. IV. PERSONAL NOTES: V. ATTACHMENTS: A) Location Map

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7 CITY OF FLORENCE PLANNING COMMISSION MEETING DATE: June 14, 2016 AGENDA ITEM: PC Request to amend the Planned Development District Ordinance by rezoning and adding the parcel identified as tax map number , and amending the text within the development standards of the PDD. I. IDENTIFYING DATA Owner The Grove at Ebenezer, LLC The Grove at Ebenezer, LLC The Grove at Ebenezer, LLC The Grove at Ebenezer, LLC The Grove at Ebenezer, LLC Dilmar Investments, Inc. Tax Map Parcel II. GENERAL BACKGROUND DATA Current Zoning: Current Use: PDD, Planned Development District and B-3, General Commercial Vacant and agricultural III. CURRENT STATUS/PREVIOUS ACTION TAKEN: This issue is before the Planning Commission for public hearing and recommendation to City Council. It has not been considered, nor has any previous action been taken. IV. POINTS TO CONSIDER: (1) This is a previously zoned Planned Development District. Planned Development District by Ordinance # (2) The current owner of tax map parcels , , , , , The Grove at Ebenezer, LLC, would like to amend the Planned Development to revise Schedule B- Development Standards Table A to remove the requirement of consent from the Home Owner s Association and amend the Signage section of Schedule B Development Standards to meet B-3 standards. (3) The applicant and owner also request the rezoning of tax map parcel from B-3, General Commercial to the Planned Development District # (4) Land uses of the adjacent properties are characterized by general commercial, institutional, residential, and agricultural.

8 PC (5) The Future Land Use designation for the property is Residential Estate (see Attachment 3). Surrounding property is also designated as Residential Estate, Public and Institutional, Parks and Open Space, Residential Auto Urban, Business Parks, Commercial Suburban, and Neighborhood Conservation (See attached map). (6) City staff recommends the PDD be amended as requested to remove the requirement of consent from the Home Owner s Association for zero set-back within commercially zoned properties. This recommendation is based on the proposed amendments conformity with the Future Land Use Designation of the Comprehensive Plan. (7) City staff maintains their recommendation that the signage standards governing the commercial property be B-2. This recommendation is based on B-2 signage standards preserving the character and compatibility of the existing and Future Land Use designations. V. ATTACHMENTS: A) Location Map B) Current Zoning Map C) Future Land Use Map D) Schedule B Development Standards as amended E) April 15, 2016 Recorded Plat VI. NOTES:

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15 DATE: June 14, 2016 CITY OF FLORENCE PLANNING COMMISSION MEETING AGENDA ITEM: DEPARTMENT/DIVISION: PC Proposed Ordinance Regarding Unattended Donation Receptacles Department of Planning, Research & Development I. ISSUE UNDER CONSIDERATION: Proposed text amendment to City of Florence Zoning Ordinance Section 3.14 and 8.14 II. CURRENT STATUS/PREVIOUS ACTION TAKEN: 1) Concerns from the community regarding unattended donation receptacles were brought to the attention of Planning Commission at the November 14, 2015 meeting. Staff sought the direction of Planning Commission in an effort to draft an ordinance addressing issues with said receptacles (see attached memorandum to Planning Commission). 2) Planning Commission recommended drafting an ordinance that prohibits the receptacles within municipal limits with the exception of those located on properties where the principal use is an organization collecting such donated materials and using them as part of their operation. 3) Planning Commission formed a committee regarding the issue comprised of Commissioners Derrick Owens, Jennifer Edwards, and Charles Howard. 4) The committee met on January 4 th and was in agreement with the intent and overall content of the proposed ordinance; however, there were concerns regarding the phrasing of item (b) Prohibition in the ordinance. The committee wishes to ensure that the phrasing of this item accomplishes the intent of the ordinance. 5) The ordinance was forwarded to the City Attorney, Jim Peterson, for legal advice concerning the phrasing of this item and the ordinance as a whole. It was suggested that donation receptacles be permitted as a conditional use in the City of Florence Zoning Ordinance. 6) Action on the Ordinance was deferred at the February 9, 2015 meeting. 7) Action on the Ordinance was deferred at the March 8, 2016 meeting after an executive session with Planning Commission and Jim Peterson, City Attorney. 8) The Planning Commission voted (5-3) to recommend a version of the ordinance to City Council on April 25, ) City Council, at their May 9, 2016 meeting, voted to pass the first reading of the ordinance with the amendment that donation bins be prohibited in the D-1, Downtown Redevelopment Overlay District. 10) City Council also inquired about the possibility of an amendment that would allow for the removal of a receptacle by the City in the event that the court process has been exhausted.

16 11) City Council asked that staff take the issue back before Planning Commission such that additional research can be conducted prior to second reading. III. POINTS TO CONSIDER: 1) Text amendment is being considered for recommendation to City Council. 2) The text amendment was prepared by the Planning, Research & Development Department after recommendation from the Planning Commission and the aforementioned Planning Commission Committee, taking into account recommendations from the City Attorney. 3) The City of Florence Zoning Ordinance currently allows Refuse Systems as a conditional use in the B-3, General Commercial; B-6, Industrial; and RU-2, Rural Resource Districts. According to the North American Industry Classification System (NAICS), Recyclable Material Collection is a subcategory of Refuse Systems and can therefore be classified as such. 4) Under the proposed amendment, donation receptacles would be conditionally permitted in the aforementioned zoning districts per the conditions set forth in Section 3.14 of the City of Florence Zoning Ordinance. Attachment B outlines the proposed changes. 5) The amendment, by City Council, for prohibition of the receptacles within the D- 1, Downtown Redevelopment District would protect the character of the downtown area; however, the receptacles would not be banned from the entire City. 6) The allowance of the City to remove, store, and destroy the receptacles would create a mechanism by which to remove receptacles for which the owner or property owner has been found guilty of violating the Zoning Ordinance and has taken no action to achieve compliance or remove the receptacle. IV. PERSONAL NOTES: V. STAFF RECOMMENDATION: City staff recommends the ordinance as amended by City Council on May 9, 2016 as it preserves the character of the areas in which they would be allowed. This ordinance maintains the provision of neat and orderly development thus preserving the welfare of the general public. Prohibition from the D-1, Downtown Redevelopment District would be

17 acceptable because donation receptacles would not be outright banned from the entire City. VI. ATTACHMENTS: A) Memorandum to Planning Commission, November 10, 2015 B) Proposed Amendment

18 Attachment A: Memorandum to Planning Commission, November 10, 2015

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20 Attachment B: Proposed Amendment to Section 3.14 Deletions have been struck through. Additions have been underlined. Additions per City Council motion have been underlined and highlighted in yellow. Additions suggested by City Council have been underlined and highlighted in green. Section 3.14 Refuse Systems Due to environmental concerns and consideration for public health and safety, refuse systems where conditionally permitted as a principal use by Table II shall be limited to the following and shall comply with the supplemental development standards of this Section. 1. Sanitary Landfills Sanitary Landfills - Inert Landfills Recycling Drop -Off Stations Donation Receptacles a. Sanitary landfills shall be located no closer than 1,000 feet to any existing residential, recreational, religious, educational, medical, or public use (measured in a straight line). b. A geotechnical engineering firm approved by the Zoning Administrator shall render a written opinion that, to the best professional judgment, the formations being used to contain the waste are impermeable and that surrounding ground water sources will not be contaminated. c. A drainage and sedimentation plan shall accompany the request, showing all off-site run off. d. The facility shall be enclosed by an opaque fence or wall structure illustrated by Section 4.2-4, on all sides visible from the street serving the facility and an opaque cyclone fence on the remaining unexposed boundaries. e. A plan showing restoration of the site on completion of use as a landfill shall accompany the request. 2. Inert Landfill a. An inert landfill may be located up to, but no closer than, 100 feet from any property line, except such landfill shall not be located closer than

21 300 feet from any dwelling, school building, day care center, religious, recreational, or medical facility. b. No material shall be placed in open storage or areas in such a manner that it is capable of being transferred out by wind, water, or other causes. c. All materials and activities shall be screened in such fashion as not to be visible from off-site. The provisions of this subsection may be waived by the Zoning Administrator where such facility will be utilized for a period not to exceed 90 days. d. The site shall be restored and re-vegetated on completion of use as a landfill. 3. Recycling Drop -Off Stations a. Definition. A recycling drop-off center is a location that provides for the drop-off and collection of recyclable household refuse, including but not limited to: plastic, glass, metal, paper, cardboard, batteries, oil, and grease. This does not include donation receptacles used for soliciting and collecting donations, including but not limited to: clothing, footwear, books, and other salvageable household goods; such receptacles are addressed in Section below. b. All exterior storage of material shall be in sturdy containers or enclosures which are covered, secured, and maintained in good condition, or shall be baled or pelletized. c. The site shall be maintained free of litter and any other undesirable materials, shall be cleaned of loose debris on a daily basis, and shall be secured from unauthorized entry and removal of materials when attendants are not present. d. Space shall be provided on site for the anticipated peak load of customers to circulate, park, and deposit recyclable materials. If the facility is open to the public, space shall be provided for a minimum of ten (10) customers or the peak load, whichever is higher, except where the Zoning Administrator determines that allowing overflow traffic is compatible with surrounding business and public safety. e. Where a facility is to be located within 500 feet of property in a residential zone, it shall not be in operation between 7:00 p.m. and 7:00 a.m. f. No collection containers shall be located closer than 100 feet of any residential property line.

22 g. Donation areas shall be kept free of litter and debris. Containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers. 4. Donation Receptacles a. Definition. A donation receptacle means any unattended container, box, or similar device that is used for soliciting and collecting donations, including but not limited to: clothing, footwear, books, and other salvageable household goods. b. Donation Receptacles shall not be allowed within the boundaries of the D-1, Downtown Redevelopment District as established in Section of this Ordinance. c. Donation receptacle requirements, where allowed as a conditional use: (1) Donation receptacles shall be placed within the required setback area, and the receptacle shall not interfere with sight-triangles, on-site circulation, buffer-yards, landscaping, parking, or any other requirements that may have been imposed as part of the site plan approval for the premises; (2) Donation receptacles shall not be placed within a designated parking space; (3) Donation receptacles shall not be placed in such a manner as to cause an obstruction for pedestrians or motorists; (4) Only one donation receptacle shall be permitted per lot and shall only be permitted on properties that contain a primary permitted use; (5) Donation receptacles shall not exceed 6.5 feet in height; (6) Signage on donation receptacles shall not exceed five-inch letter height; (7) The following information must be clearly and conspicuously displayed on the exterior of the donation receptacle: The name and address of the property owner who owns the receptacle, and the name of any entity which may share, profit, or benefit from

23 any donations collected via the receptacle. d. Donation receptacle maintenance. Donation receptacles shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be kept free of graffiti. All Donation Boxes shall be free of debris and shall be serviced regularly so as to prevent overflow of donations or the accumulation of junk, debris, or other material. All donation receptacles must be maintained in a manner that prohibits individuals from being able to open or enter the donation receptacle without the consent of the donation receptacle owner or the property owner. e. Removal of non-compliant donation receptacles by the City. Any person(s) or entity found guilty per Section 8.14 of this Ordinance, who fails to comply with all provisions of this Section within 14 days of being found guilty, shall have the subject bin removed by the City. Said bin will be stored at Public Works for a period of 60 days, after which, said bin will be disposed of.