Planning Commission - Regular Meeting

Thank you all for coming out tonight. Uh we're now ready to start our planning commission meeting for tonight. Uh before we get started, I have a few guidelines that we need to go over. I also would ask everyone if you remind yourself like I Turn off your cell phones or silence them. The guidelines for the city of Aken planning commission meeting. Meetings are public forums in which many opinions are expressed in the business of the city must be conducted. As such, disciplined, honorable, and professional quorum is paramount. Courtesy and respectful communication is required. During public hearings, all questions and statements from the public shall be addressed to the chair. If you wish to speak, raise your hand and I will recognize you. Please approach the podium and state your name and address. In order to allow any in order to allow an opportunity for everyone who wish to address the planning commission, speakers should limit their comments to the subject being discussed. Each speaker will be given five minutes to address an issue and may only address an issue once unless questioned from the planning commission opposed to the speaker. As far as our agenda items for tonight, the first item is approval of the minutes. Approval for the work session, the regular minutes for February. Move we accept the meetings as is.

Minutes as is. I'm sorry. And I second it.

It's been moved by Commissioner Car Commissioner Connor and Mr. Commissioner Carman that we accept the motion for the minutes. All in favor raise your hand. Motion carried. There are no old business for tonight. Moving right along to the new business. The first item for tonight is uh application number 26-200017 annexation request tax partial number 121-11-03-00004 applicant Aken community theater owner Vera Snipes current zoning urban development proposed city zoning general business are there anyone here to speak in favor of this applicant. Children Hilderbrand with Hass Hildbrand 133 Greenville Street Southwest Aken. Um we have uh prepared some conceptual plans for the property um just as a a matter of due diligence and um the um representatives of Aken Community Theater are here tonight. Um we did not present a site plan because it's a longer term plan and they have some funding issues that they need to resolve before we show that. But um it um it is not intended to be a real intensive traffic producing business. Um I certainly would be glad to answer any questions and their representatives are here tonight. Um if you have any questions that I can answer.

Thank you. Any questions? Can you explain just just out of curiosity generally the intended use for the property? Do you mind explaining the general intended use of the property? Sure.

Mr. Thurman Wadley. My address is 3138 White Gate Loop Aken. Uh I'm executive director of the board of directors of the Aken community theater. Uh as you may know, we've been using the uh facility on Price in Two Notch Road that was a former part of the recreation department. Uh the city is claiming that building back at the end of this year. So, we need to find another place to uh serve the growing youth wing and also give us a backup rehearsal space. We have a pretty elaborate program running now. So, we can't do everything we need to do in the current space. So, our plans for this uh parcel is basically to build a a annex on this site that would allow us to run uh our youth wing program, other rehearsals, and perhaps some small very small public performances upon occasion. Uh most of our activities happen in the evening rather than the day. So, I wouldn't expect that to be a a real traffic burden anywhere. Uh plus these are not it's it's not proposed to be anything near what's on Newberry Street which is our our we call it our mother ship. So uh that's that's really our goal for this this property.

Are there any other questions for the commission? Thank you sir. Okay. Thank you. Is there anyone else here would like to speak in favor of this? Anyone here that like to speak against this application? Okay, back to the commissions. I move for the approval of u and recommendation to the council to approve application number 26-200017 and annexation request for the stated tax parcel uh with zoning uh as general business. Second.

Okay. Have been moved and second by Commissioner Carman, second by Commissioner Clarkson. Are there any questions? Are we ready for the vote? All in favor? Motion carried. The next item on the agenda for the night is application number 26-200018 and exation request applicant author proctor current zoning residential family conservation proposed city zoning residential sim single family are there anyone here that would like to speak in favor of this applicant. Anyone who want to speak against this applicant?

Okay, back to the commissions. Mr. Chairman, in regards to application 26-200018, annexation request um for tax parcel 106-07-15-002, current zoning RSC, proposed zoning RS15. I make a motion that we move to city council for approval. Second.

Okay. It's been moved by Commissioner Clarks, second by Commissioner Connor. That application number 26-2018 current zoning RC proposed zoning RS15 tax portion number 106- 07-15- 0002 be sent to city council for approval. You ready for the discussion? All in favor? Motion carried. Our next agenda item item, applicant owners, Elizabeth Kirk, location 1886 Huckleberry Drive. Current zoning single family conservation RC propo proposed city zoning residential single family RS15 and this tax tax partial number is 106-17-21-00003. Is there anyone here to want to speak in favor of this applicant? Anyone who want to speak against this applicant? Go back to the commissions.

Uh, Mr. Chairman, in regards to application 26-20019, annexation request, uh, tax partial 106-17-21-00003, current zoning RSC, proposed zoning RS15. I make a motion that we move to city council for approval.

I second. It's been moved by Commissioner Clarkson and second by Commissioner Carman that we send application number 26-200019 1886 Huckerberry Drive, tax partial number 106-17-21-003 to city council for approval. Are we ready for the discussion?

I would go ahead. I just would point out I know there's been some discussion about the proposed zoning of uh currently it would be an RS15 but it does appear that the lots in this area are larger and it may be under the new UDO that the zoning may end up with a different designation but I think our recommendation is appropriate at this point in time for RS50 discussion. Are we ready for the vote? All in favor rean. Motion carried unanimous. The next item on the agenda for tonight is application number 26 600 06 reszone request applicant Marvin Valentine owner Arc Investment and Holding LLC. Location 135 Silverluff Road. Tax partial number 106-18-12-00001 current zoning PR proposed zoning RS10. Is there anyone here that would like to speak in favor of this applicant?

Good evening. My name is Marvin Valentine 5041 Fairfield Court Akin. Um, I'm the owner of Arc Investments and Holdings. Um, what I'm seeking to do here is, uh, build a single family residence on this piece of property that I own. Um, right now we have an existing curb cut allowing entrance, uh, to the property. Um, also have a letter from a soil classifier saying that it's suitable for a perk test. And also I plan on putting silt fence when I clear it and do some ground stabilization. um finish it with a final grass coating. So, just looking to build one single family home on this property and I'm seeking RS10.

Are there any questions from the commissioners? What's the general terrain on the on the lot? Is it pretty much level or topography? It falls a little bit from back to front, but not too much, which is back to front's quite a distance. Yeah. And there's a little dip in the middle, too, but it's not too bad. I've seen worse. Are you um are you planning on installing any fencing around the property? Um maybe at a later point um right now uh just stick with the house. Got you. Can you um can you speak to sewer versus septic in terms of number of trees having to be cut down just quickly for us?

Yeah. So, you know, we'll have a square footage area of the ground that'll have to be uh free of trees in order to allow for the drain fields to function properly. Um, I mean really it's it's minimal. The lot size is pretty small. Uh, I like to keep as many trees there as I can, but with the lot size being as small as it is with a house, there's going to be minimal trees anyway. Thank you. Any other questions from the commissioners? I just for the record, I understand you did uh request uh sewer access and that was from adjoining property holders and that was denied. Is that correct?

Yeah, that was denied. There's a sewer access on the back of Soma Place, but um they have a little border around that. Um and they wouldn't allow me sewer access. So, the only feasible option is put a septic system there. Okay. Any other questions from the commissions? All right. Thank you, Mr. Valentine. Is there anyone here that would like to speak in favor? Anyone who would like to speak in opposition to this? Come forward. State your name, please.

Yes. Good evening. Hello. My name is Dora Lee and I'm um I live at 101 Rutherford Place in Aken and I am president of the Melrose 3 HOA uh board and um yeah, we have quite a few questions for Mr. Valentine as far as uh what he's doing and and um uh some concerns that property. We have had a lot of runoff from that property onto the properties that join that where uh the culde-sac goes right up into it. And um there's these several of these people have had to um do a lot of work in their backyards to because of the water that comes off that hill. So that's something that we're very concerned about. And um we're also concerned that um we're not sure about the why he's going from um the zoning. We're a little concerned. We're we're uh not quite clear on that. So we have some questions about that as well. And um you know, we want to make sure that if this is passed that there is only one house built up there because it's a very narrow lot. and he uh wanted to begin to begin with put six or nine new condos up there, duplexes, and it would just be so um cramped and crowded and the existing um homeowners are, you know, very concerned about it. Um, so, uh, let's see. Or, and we had a question about the, um, I guess the main thing we're concerned

about is is the runoff. And then after he gets permission to put one house, can he come back and put something else there as well? You want to speak to that? He can't put the button. Correct. Yeah. Yeah. Because the septic system Oh, sorry. Septic system requirement and because he's got to do the drain fills you mentioned. And then also there's not any frontage, you know, it just has the the limited frontage. Um and so it just be one it's single family zoning, so you only have one house per lot.

Okay. So, um, uh, what about there's the I think they've required to also that there's going to be a right in and a right out. I don't know if you're familiar about where this property is. It's right there at that light at Town Creek, right? And so there's, you know, a double lane there. And so, somebody has to come past that light, come somewhere, and turn around and get back into that property because it has to be a right in and a right out. And I we were concerned too about where where the turnaround was going to be. You talking about the turnaround as far as going into the property?

Yeah. There's no it cannot be a left left turn into that property. So if you're coming from um like the SRP, right? Come through the light. You can't turn left in there. So somebody has to go past there, find a place to turn around, come back, and turn back in. If I'm not mistaken, I think it's a little small median there that you can make a left turn in. No, there's Well, they the s the South Carolina Department of Transportation told me that there would be no nothing but a right out and a right in.

Just just because the curb cut is a right in right out doesn't mean that there's not necessarily a pre-existing median. But even if there's not a pre-existing median, um ride in right outs are fairly common in roads. This is not something uncommon having a ride in ride out especially for a single family dwelling having having more this is one person's going to live here one two people are going to live here this is not a large complex the after you come through that light and you turn back into that to left there I mean the traffic if you're familiar with the traffic on Silverluff sometimes it is even hard to get out of Hidden Haven so I don't know how anybody would be able to turn left into there

well that will certainly be consideration for the people who live there but they'll certainly be aware of that when they either rent there or buy there or live that property. It won't be an unknown to them. Okay. And just quickly, as far as the PR versus RS10, um RS10, frankly, from your perspective, you would probably much prefer that compared to PR. PR you could put in things like town homes. Okay. A lot of their things like that where with RS10, it is just one singular home. Okay. Thank you for clarifying that. Okay. And I think maybe some of these other ladies might have some questions as well.

Yeah, we have a retention pond, but I don't know if it would cover that piece of property.

I was just asking what what the storm drainage is in that area on your property. Well, um when he does the building permit, he'll have to do a grading plan to show how he's going to grade the site to get the storm water. Um we have a storm water person, Tracy Metro. I don't know if you've spoken to her, but um she'll actually review a grading plan for this property to make sure that the water is is diverted in the correct direction, which should be as I as I understand topography, uh that it banks down naturally towards the street, and that's where I think we'd want it to go because that's where we have the curbing and the inlet. Well, but when it rains, I mean, it just pours off of that hill. We even have some um um some uh barriers to prevent the rain from coming off of that hill.

And if it rains hard, it doesn't stop it. I mean, the water just pours down our street. Well, this this could honestly be an opportunity that could possibly even help you guys cuz if the natural grading is towards the culdesac when it's going to naturally be pushed that way, but when he comes in and grades it, he's going to grade it towards the road as compared to what it is now. So, frankly, well, it doesn't seem like like it on the surface. This might actually be able to help the runoff situation since he's actually going going to go in there and grade it somewhat.

Okay. And also we are concerned about a privacy fence because that's I mean it's really close. So the two the the the condos that are on the end of that culde-sac the people that live in those condos are very you know concerned about maybe some privacy fencing. He he may have the same concerns about all of those units to one house too though. You've got to think from that perspective. Well we were there first. But that doesn't that works in a few things but not all things. Yeah. Um you know one of the issues that's come up is that you know he's going to have to put in a septic. Yeah.

And part of that's because I believe your group denied his ability to hook into the sewer. Is that something you might reconsider? No. Because of the thing what happened in North Augusta and I think you all know about this. There was a a um uh somebody that wanted to build in an existing community there. And when they did that, they let the builder build some more houses and they came back to that HOA and said that they owed $125,000 because the septic was not adequate. Septic. But you're not on septic, are you? Right.

I mean the sewer I'm sorry, the sewer. The sewer was not adequate. Well, um, for this, it' be an individual sewer from his service from his house into the the current manhole. So, if if he's allowed to put a sewer service line from his residence, it's just serving his house. It's not going to be a lot of demand for just one. Well, we voted we voted for that and we Yeah, I mean, we didn't want to we didn't want to do that.

That's fine if y'all don't want to do that, but just let let it be known he's going to have to cut down more trees because of it. And while something could have happened in North Augusta, that doesn't mean that it is going to happen here. There's not going to be multiple homes there. There's just going to be one. Adding that extra sewer line is not going to be an additional cost to you guys in any way, shape, or form. So, while I understand the trepidation because of what happened in another city under another city's laws. Um, and who knows the other circumstances that could have happened there. The end result of y'all denying him is that he is going to have to cut down more trees. So, just want you all to be aware of that. And then just, you know, if you are concerned about the his driveway situation, if you would allow a driveway easement to five feet to that current street, then they wouldn't have to worry about all that traffic on on that at the intersection. They could just come out through Hidden Haven. But again, you kind of control what he's got to do different. He's got to go through a lot of hardships because of y'all controlling that open space strip. So,

um, well, you know, the homeowners voted on that and that's what they decided to do, not give a right away. Yeah. And that's fine. But it does, as a result of that, the lot becomes more exposed. And that's the that's the natural consequence of that decision. He shouldn't then been be burdened to have to put up a fence around the whole thing because he has to cut down trees because y'all won't let him have access to a sewer.

And just everyone knows because it is a straight zoning, we can't we can't uh put conditions on it and because he did ask for some tree clearing in his narrative, but he's got to follow the same rules as everybody else. We can't grant waiverss either to standards to policies. So it have to be built the house have to be built the same way as any other house in the city which would include um now tree clearing that's his option but we do want to talk to him before he moves the stumps um that's something engineering wants to look at in case there's different grading and he will need a grading plan for the building permit. Uh so we will and that should like we talked about hopefully will improve that situation the storm water runoff.

Okay. All right. Well, thank you. Well, Miss Le, I hope we have answered all your questions. Okay. Um, did I think some of these ladies would like we just want to make sure we answered all your questions. Yes. Thank you. Thank you very much. Is there anyone else like to speak against this applicant? Come forward and state your name, please.

Thank you. I'm Brenda Conway. I live at 204 Sonoma Place. And I just want to clarify something. It seems that you all are talking when you're talking about the way he grades it. I'm pretty sure you're talking about here at the end where it goes down to silver block. We don't have a problem with that. And if he wanted to connect to the city sewer that way, that would be fine. When we denied him access, it was down at Soma Place. And that was when he wanted to put a whole bunch of town homes down through there. And it was pretty clear to us that that that many additional homes onto a sewer line that was never built to carry that much traffic that it was just a recipe for disaster. So that's why we denied that. Our concern with the runoff doesn't have anything to do with the slope from Silver Bluff up onto his strip. It has to do with along the side. If I could walk over there for a minute.

Yes. right here. We're concerned about trimmer. Oh, you're good. This is very narrow strip. Yes.

And already as Miss Lee has said, there's a runoff problem. Once he has cleared that lot and taken out some trees and shrubs and paved over for a driveway up there and to place a house, the runoff problem is going to be a lot worse. And there is only a the 10 ft that is the minimum required by regulation. That's all the space there is down into those um end units there at Rutherford and Sonoma. um with the greatest impact right now with what he's asking for now um on the Rutherford Culdeac. So that is at a slant down this way. And again, sorry about the trimmer, but that property, that land slants down. And there is simply not enough width, enough space for the ground to absorb the water in a runoff in a heavy rain before it is down onto the houses at the end of the culdeac. So it is not a trivial or arbitrary concern. Um and again

we're concerned about incrementalism because the big the biggest hurdle would be getting permission to put one house there and start clearing once that

I ma'am I'd hate to interrupt you but the the motion before us is to reszone this property to to RS10, which only allows a single family residence. So there there's no incremental concerns. Uh if he gets RS10, he can only build if he was petitioning for PR like your development, then there would be more concerns about that. But he's not doing that. But he could not come back later because he owns all the way back through there, not just the part that he's petitioning. Ma'am,

no. No one is going right now. Ma'am, no one is going to be able to speak to the future, right? No, no one no one can hypothetically say what could or could not happen right now. This is just going to be RS10. And I can tell you just antidotally, if they put a single family residence in the middle of that lot, it's going to be real hard to then build condos around it. So, like, you know, do you own more land beyond this track behind there? Just that one track. Yeah. I mean, there's there's no land beyond that track, ma'am. I mean, there's there's your development and then there's the houses on Indian Creek Trail. All right. Then I would ask

if his ownership stops right here, how he proposing to build farther back. It's everything within that blue line. Yeah, it's just inside the blue line. That's the only thing he owns. Melrose backs up to his property as well. It's on the side and to the rear of his property. Miss Conway, I I hate to interrupt you myself, but your five minutes is up. Do you have any pertinent other comments that you would like to make to this matter? Those are our biggest concerns.

Thank you so much. Is there anyone else that like to speak against us? Come forward and state your name, please.

Hi, I'm Kimberly Weda at 104 Rutherford Place in Aken. And I know I sound redundant saying this. Um, the runoff is really important. I've already put a sump pump in my backyard to avert the water going into my home and it just keeps up. And so you say you have a person who is involved in grading. Well, my thought is, well, someone was involved in grading before this gentleman wants to build a home. And that much runoff with those trees that are there was not accounted for when that water would fall towards Rutherford and Sonoma. And just because of that, I had to put a sump pump in the backyard.

Yeah. And that's not what people have to do. Grading should have been appropriate. I don't know if that subdivision was built after um Melrose's place was because I wasn't there. But um you know, the concern for water drainage is a lot. And for me, I'm like, what am I going to do to keep the water from going into my home? Because he has to take trees down because, you know, was it inadvertently not t um taken care of prior when they built a subdivision next door? His propertyy's never been graded. His property is just wild trees. So, Exactly. But those trees are going to disappear.

Yeah. Because you guys aren't allowing him sewer. But to to answer your question, you you you said whomever had that property before didn't grade it properly. No one has ever touched. No, that's not what I said. I said the city whenever that Well, maybe because it wasn't being graded. Yeah, it was never whenever they built that subdivision. That's not part of it. That's not the one next to that. We know we know what you're talking about. Trail, I think it's called.

Yes, we we know what you're talking about, ma'am. No one has ever graded his lot. It was not part of the Indian Trail subdivision. As a matter of fact, it was actually originally a part of the Melrose Division. The very first concept plans for the Melrose Division included this lot in it and it had appropriate sewer for it as well because originally this lot was included in Melrose Place or Melrose. They could not finalize the sale of it. So, because of that, it didn't become a part of Mel Melrose. So, this was actually originally part of your development. No one then graded it. there was a sewer for it because again it was going to be part of it. But this lot has never been touched by anyone which is why again this might be a benefit to y'all because for the first time in human history it is going to be graded.

Yeah. So that could be helpful. So then the water instead of running towards um Soma and Rutherford it's going to be different. That'll be diverted down to Silverluff. Yeah, that's the plan. Is that the plan? Will he have to have drain tile to do that or will he We're getting way too in the weeds here for that. What we can tell you is that by law he has to submit a grading plan that will not add any additional water to anyone else's property. Okay. So that's something that conceivably we don't have to worry about is what you're saying. Well, it's something that conceivably if you get unendated inundated with water that you have legal action that you can take against your neighbor

where now you're just stuck with it. Yeah. I mean, that's that there he can't dump water on you. Well, I guess what I'm saying is if there's something that I could say that could help avert that, that's why I'm here. Um, and what you're saying is we just have to wait and see. Hopefully there'll be a plan that will help. You're not waiting and seeing. It is law. you cannot dump additional water on other people's property. Okay, he's going to submit a grading plan. He's going to take care of it. Again, no one has ever graded this property before. That's that's probably one of the reasons why there is poor runoff on it is because it's just been an acre of wilderness for all time. So that's why again this development could possibly help that. Okay. Development. This house, a development can be a single house.

Okay. I didn't know. I didn't know that. Yes. And I know a lot of a lot of single family lots, you know how they they put a channel down the sideline. Yes. So that's probably something like that that the water be channeled. That would be wonderful. That would be wonderful. Okay. Thank you. Thank you. And we appreciate your concerns, but I'm quite sure Mr. Valentine going to also make sure he meet all the city codes, city engineering going to be looking at the grading. And as it's already been stated, the water will not run off on any other properties. And if it does, then Mr. Valentine will be responsible for taking care of that in so far as it he can't cause any increase. Yeah. In the amount of water. He does not have to mitigate the natural flow,

right? But uh he cannot do anything to aggravate the or increase the flow onto the property. Part of it's just the fact that we have lots of rain and we have terrain and we all have to deal with the fact that water is a can be a problem. It's a blessing and it's a problem.

Okay. Yeah. Excuse me. If you want to speak, you have to come to the podium. I think you already had your five minutes though. I'm sorry though. Is there anyone else that would like to speak against this? To address that or do we follow? Mr. Valentine, do you want to come and address any of these concerns that were spoken tonight?

Yes. So, I definitely don't want to dump water on anyone else's property. Being a builder, I know how dangerous that can be. Um, so, you know, I can't control what's already there, but I can do the right thing in what I'm doing. So, I definitely want to be mindful of that. Um, you know, I I I would appreciate a reconsideration if you consider a sewer tap and, you know, access off Sonoma Place just for one house. Um, my plans are not to build more than one house. And I would like to be as mindful as y'all's neighbors as possible and get along. And I it it did sound to me based off of the vote that that was based off a multi- family use. I think you should at least reconsider the option with it being a single family residence because that is going to limit by requiring that he have septic, which he's certainly allowed to do. that comes with it its own challenges and requires that he clear more of the lot which is going to result in more visibility and all of that and exposure which it sounded like was a concern. So, um you know, I mean, if we approve this as RS10, he's only allowed one house and then if y'all allow him the ability to have sewer, then you're going to be able to preserve a lot more of that uh landscape around that lot because he's not going to have to put in a drain field. I just want to say that

come to the podium, please. Thank you, Mr. Valentine. I'm sorry. I just wanted to say that we are getting ready to have a homeowners association meeting and we can bring that up again. Okay. Uh it'll be a couple of weeks, but u we can bring it up again and take another vote. Yes, ma'am.

Thank you so much. I'm quite sure Mr. Valentine would appreciate as much. Okay, back to the commissioners. Mr. Chairman, in regards to application 26- uh 6006, uh tax partial 106 or reszoning request tax partial 106-18-12-001, uh current zoning PR, proposed zoning RS10. I make a motion that we move to city council for approval. Second.

Okay. It's been moved by Commissioner Clarkson and second by Commissioner Carman. Application number 26-60006. Reszone request tax partial number 106-18-12-001 be sent to city council for approval. Are there any other discussion? All in favor, but nobody raise your hand. Unanimous. Motion carried. Can we have a motion for adjournment? So moved or second? It's been moved and properly second for adjournment. Thank you.