The Town of Summerville Planning Commission Meeting Minutes December 16, 2024 This meeting oft the Town of Summerville Planning Commission was held in' Town Council Chambers and was attended by Commission Members, Jim Reaves, Chairman; Kevin Carroll; Elaine Segelken; Jill Weatherford; Jim Bailey; and Hart Weatherford. Charlie Stoudenmire was unable to attend. Staff in attendance included Jessi Shuler, AICP, Director of Planning; Becca Zimmerman, Zoning Administrator; Remy Clark, Planner n; Justin Carpenter, Arborist/Natural Resource Planner; and' Treasure Washington, Planner I. The public was invited to attend inj person, or they viewed the meeting via live-stream. Jim Reaves, Chairman, called the: meeting to order at 4:00E PM. Approval of Minutes: Public Hearinps: The Chairman asked ifthere were any edits or additions to the minutes from the meeting onl November 18, 2024. Mr. Bailey made ai motion to approve thei minutes, and Ms. Segelken made the second. The motion passed unanimously. The first public hearing opened at 4:01 PM and was for the petition by Dorchester County Career & Technology Centerto annex' TMS#s 145-15-03-044 and -045. located at 431-4410ld7 Trolley Rd.. and totaling approximately 2.13 acres. Currently Zoned CG, General Commercial, in Dorchester County and requested to be zoned UC-MX. Urban Corridor Mixed-Use. following annexation into the' Town of Summerville'si municipal limits. (Council District3). Mr. Reaves introduced thei item and asked if the applicant was in attendance. The applicant did not wish to speak, and hearing no The second public hearing opened at 4:02 PM and was for the petition by John H. & Nancy S. Hill to annex TMS# 136- 09-00-036, located at 1501 Central Avenue. and totaling approximately 6.4 acres. Currently zoned R2, Single-Family Residential, in] Dorchester County and requested to be zoned UC-MX. Urban Corridor Mixed-Use. following annexation into the' Town of Summerville's municipal limits. (Counçil District 4). Mr. Reaves introduced the item and asked ifthe applicant was in attendance. Mr. Reaves introduced the item and asked ift the applicant was in attendance. The applicant did not wish to speak, and hearing no other public comment, this public hearing was closed at 4:021 PM. The third public hearing opened at 4:031 PM and was for the request to rezone TMS#137-07-09-001, located at 201 Central Avenue, totaling approximately 0.64 acres, and owned by William Justin Dungan, from GR-5.General Residential (5 units/acre), to) D-MX, Downtown Mixed-Use (Council District2). Mr. Reaves introduced the item and asked ift the applicant was in attendance. Megan Dungan, owner/resident oft the property, explained that she and her husband thought that they were approved for up to five units when their Bed & Breakfast was originally approved, and they are seeking the rezoning tol bring their property back into conformance. Ms. Shuler also read Justin Dungan'sl letter into the record that addressed this request and the next request. That letter is appended to these: minutes. The following Peter Gorman of313 S. Magnolia St. stated that thel UDO: included specific protections for the! Historic District that the Dungans have ignored. He provided information about hotels and short-term rentals available in Summerville as evidence that there is no shortage of accommodations. Mr. Gorman declared that this would be a spot zoning and the Dungans William Harbeson of403V W. 2nd South St. expressed. his dissatisfaction with all the Bed & Breakfasts being allowed. He believes that they are changing Summerville and consideration should be given to residents that have been here. Elliott Locklairof214E. Doty Ave. noted that he was: not there to speak ill ofthe Dungans, but as a downtown resident, he believes that encroachment of commercial into the historically residential areas downtown is damaging the residential other public comment, this public hearing was closed at 4:02 PM. additional public comment was provided: should have to remove their illegal ADU or have their Bed & Breakfast permit suspended. areas. Hearing no further public comment, this public hearing was closed at 4:16PM. The fourth public hearing opened at 4:17PM and was for the request to rezone IMS#137-07-16-009. located at 115S. Magnolia Street. totaling approximately 0.67 acres. and owned by] Magnolia Bed & Breakfast LLC. from GR-2, General Residential (2 units/acre). to D-MX. Downtown Mixed-Use (Council District 2). Mr. Reaves introduced the item and turned it over tot the applicant. Ms. Dungan provided some background information about this property, and noted that in this B&B, they employ several people, pay over $5,000 in accommodations tax, and even more inj property taxes. She explained that once aj property has short-term rentals, the insurance skyrockets, sO the B&B is not affordable ifit is limited to the three units that were originally approved. Shej provided the Planning Commission members with aj printout of reviews from AirBnB and VBRO. Ms. Dungan further noted that they run ai tight ship and ended the year with 78% occupancy and repeat customers. She understands the other side but believes that the concerns about the property being rezoned are: more personal because she has offered to do a deed restriction to limit the uses allowed on the property. The Peter Gorman of313 S.] Magnolia St. stated that the Dungans have 12 units advertised for this property, which is two blocks from his home. He mentioned that the Dungans were cited for violations as the property is not owner-occupied as currently defined, so iti is a legal nonconforming use and can't be expanded. Mr. Gorman stressed that the Dungans are trying to cure their legal problems with a spot rezoning, which would encourage others, reward scofflaw behavior, and Debbee' Tomczyk of206 E. Richardson Ave. stated that she lives diagonally across from the property, and she requests that the application be denied as she feels it would set at troubling precedent. She does not believe that thel law should be changed to accommodate the unlawful, and stressed that ifthe rezoning is approved, the property could be used for other Birdie Crosby of207 E. Richardson Ave. stressed that the rezoning would negatively impact the neighborhood and leap overt the existing buffer ofN-MX zoned properties. He stated that units were added without approval, and approving this rezoning would reward a disregard for the' Town's ordinances and punish the neighborhood. He then: read threatening Laura Crosby of207 E. Richardson Ave. explained that thisi is not an ordinary rezoning issue, as it involves the request to expand a use and have criminal charges dropped. She stated that this seemed to be a case of politicians trying to help one Todd Wilson of303 W. Richardson Ave. stated that he isi ini favor oft the rezoning. He does not feel that this is any different than others' requests to annex or rezone aj property. He noted that you can't tell that thej property is currently being run as al B&B, and the owners are willing toj place a deed restriction on the property. Mr. Wilson stressed that nothing would change from how it currently operates, sol he believes that the opposition isj just for personal reasons. Karyn Healey of210E. Richardson Ave. explained that she moved tol her property because oft the walkability of the area and thel historic preservation, and she believes that granting this rezoning puts adjacent lots and the entire street in jeopardy. She feels that the applicant should have to do a current survey to show all the structures on the property. Heyward Hutson of215 GolfRd. noted that he owns property int thel Historic District and represents the Preservation Society as its president. He stated that hei is not opposed tol B&Bs or boutique hotels, but he is opposed to spot zoning and Elliott Locklair of214E. Doty Ave. explained that his opposition is not personal. He detailed that the properties immediately adjacent are: not zoned D-MX. He is not comfortable counting on a deed restriction, as ifitis rezoned, the ordinance allows any permitted uses in that zone. He believes that it would look likel N. Gum St., and commercial would William Harbeson of 403 W. 2nd South St. declared that his opposition was personal, as he bought property downtown following additional public comment was provided: create unfair competition. purposes which would: negatively impact the residential neighborhood. comments that Mr. Dungan had emailed tol his wife. person, and it is not the duty oft the town to do a: favor to one business, but tol look after all citizens. higher taxes that it would cause adjacent property owners. displace more: residents. many years ago, and he now pays $22,000 in property taxes. Ms. Shuler read additional comments provided in writing into the record, and those comments will be appended toi these minutes as part ofthej public hearing. Hearing no further public comment, this public hearing was closed at 4:56 PM. The: fifth and final public hearing opened at 4:57 PM and was for the request to rezone MS#130-10-00-074. located at 917W.5"N North Street. totaling approximately 0.27 acres. and owned by Willie Jamison, from N-MX. Neighborhood Mixed-Use, tol N-R.Neighborhood Residential (Council District 1). Mr. Reaves introduced the: item and asked ifthe applicant was in attendance. The applicant was not in attendance, but Curtis Jamison, nephew ofthe applicant, spoke in support of the rezoning. His family has owned/lived on the property for many years, and they were unaware that the existing mobile home on thej property wasi not properly permitted when it was placed on thej property in 2013. He asked that the rezoning be approved so that his family could continue to live on thej property. Hearing no other public comment, this public hearing was closed at 4:591 PM. There were no items under Old Business. Old) Business New Business: consideration. The first item under New Business was. New Street Names. Ms. Shuler stated that they did not have any street names for The second item under New Business was the petition by Dorchester County Career & Technology Center to annex TMS#s 145-15-03-044and- -045. located at 431-441 Old Trolley Rd.. and totaling approximately/2.13 acres. Currently zoned CG, General Commercial, in Dorchester County and requested to be zoned UC-MX. Urban Coridor Mixed-Use, following annexation into the Town of Summerville'si municipal limits. (Council District 3). Ms. Segelken madea motion to recommend approval of1 the annexation and requested zoning, and Mr. Carroll made the second. The motion The third item under New Business was the petition by John H. & Nancy S. Hill to annex TMS# 136-09-00-036. located at1 1501 Central Avenue, and totaling approximately 6.4 acres. Currently zoned R2, Single-Family Residential, in Dorchester County and requested to be zoned UC-MX. Urban Corridor Mixed-Use, following annexation into the Town pfSummerville'si municipal limits. (Counçil District 4). Mr. Carroll made ai motion to: recommend approval ofthe annexation and requested. zoning, and Ms. Segelken made the second. Ms. Weatherford noted that traffic was alreadya nightmare in that area and asked ifthe property could be al PUD. Ms. Shuler stated that a PUD was not discussed with the applicant. The applicant explained that they had not entertained the possibility ofaPUD due to the small size ofthe property and the requirement for mixed use. The plan is to build townhomes. Following discussion, the Chairman called for the question, and the: motion passed 41 to 2 with Ms. Weatherford and Mr. Bailey voting in opposition. The fourth item under New Business was the request to rezone IMS1S7-07-09-00. located at 201 Central Avenue. totaling approximately 0.64 acres. and owned by William Justin Dungan, from GR-5, General Residential (5 units/acre). toD-MX. Downtown Mixed-Use (Council District 2). Ms. Segelken made ai motion to recommend denial oft the rezoning, and Mr. Bailey made the second. Ms. Segelken stressed that zoning was important and previous rezoning requests for commercial zoning ini this area were denied. Following the discussion, the Chairman called for the question, The fifth item under New Business was the request to rezone IMS#137-07-16-009. located at 115S.] Magnolia Street, totaling approximately0.67 acres. and owned by) Magnolia Bed & Breakfast LLC. from GR-2. General Residential (2 units/acre). to D-MX. Downtown Mixed-Use (Council District 2). Mr. Bailey made ai motion to: recommend denial, and Ms. Segelken made the second. Ms. Segelken explained that the planning regarding the border areas has been extensive and should: not be taken lightly. She added that rezoning is a major step. Ms. Weatherford agreed and noted thata a specific change was: made to the Comprehensive Plan to make sure that this area stayed residential. Following the passed unanimously. and the motion passed unanimously. discussion, the Chairman called for the question, and the motion passed unanimously. The sixth and: final item under New Business was the request to rezone IMS#130-10-00-074, located at 917W.5"North Street, totaling approximately 0.27 acres, and owned by Willie Jamison, from N-MX. Neighborhood Mixed-Use. tol N-R, Neighborhood Residential (Council District1). Ms. Weatherford made ai motion to recommend approval of the: rezoning, and Ms. Segelken made the second. Ms. Segelken stated that shei isi in favor oflong-term residents not being displaced. Following the discussion, the Chairman called fort the question, and the motion passed unanimously. Miscellaneous: Ms. Shuler explained that the 2025 Planning Commission meetings would remain on the third Monday of each month with the exception of January and February, which would be on the fourth Monday, as the third Monday of those months is a holiday. She also announced that Town Council had reappointed Jim Reaves and Elaine Segelken to the Commission, and two new members were appointed, as neither Jim Bailey nor Charlie Stoudenmire had applied for reappointment. The two new members would be starting in January. She thanked Mr. Bailey for his service and wished everyone a wonderful holiday season. Adjourn With no further business for the Commission, Ms. Segelken made ai motion to adjourn with Mr. Carroll making the second. The: motion carried and thei meeting was adjourned at 5:13PM. Respectfully Submitted, q-Blsk Jessi Shuler, AICP Director ofPlanning Date: 1(21/25 Approved: Jim Reaves, A To whom it may concern, My name is Justin Dungan. Along with my wife Megan, we operate multiple properties that give us the opportunity to provide unique and high quality accommodations to those who are visiting our Historic Downtown Summerville area. What makes our properties unique is the ability for our guests to walk directly from our properties into the downtown area as they are all located within 1 block of downtown. We have seen firsthand how each and every one of our guests support the businesses downtown with their continued patronage. Wei further encourage this by giving our guests gift cards to various businesses downtown in an effort to see continued growth and success for the various businesses that make upi the downtown that we all love and appreciate. I personally am thankful for those visitors who choose to visit and support our downtown area as it creates the thriving atmosphere that we all enjoy. This afternoon you will hear our request to rezone our property sO that we may continue to provide this level of service and accommodations tot those individuals wanting to spend their time downtown. I apologize but I will be unable to attend this hearing as lam helping my mother with hospital visits following emergency surgery at Cleveland Clinic. Thankfully my brave and courageous wife will be in attendance in order to answer any questions you may! have and to represent our family. Since 2017, she has faced repeated attempts to slander our family and has chosen to sit byi idly while her family, even our children, are verbally attacked in meetings such as this and also online. lami thankful for her and proud of how she has continued to handle these attacks that have recently escalated due to a disgruntled We understand that asking visitors to "stay by the hotels on the interstate" but spend their money downtown simply doesn't work and, respectfully, doesn't make sense. We fill a unique niche that allows guests to stay in the downtown area and enjoy the abundance of shops and restaurants that rely on these visitors to continue to operate. We also continue to have numerous guests stay with us in order to experience Charleston, but find outj just how special downtown Summerville is and spend the vast majority of their time here. Without the walkability of our spaces, these instances would not happen. We are confident that what we offer our guests runs parallel to the vision plan of our elected officials for our This afternoon you will likely also hear some of those within our community who oppose this zoning change. Unfortunately, much of this opposition will be personal in nature and not based on facts. Much ofi it will be cemented in misinformation and will be an attempt to create division andi fear among our neighbors and residents. We believe that mob-style antics that have been organized by those in opposition to us simply do not represent the majority viewpoint and do not support the downtown area. Please note that we have not asked for public support from our neighbors and peers. Wei feel that asking our friends and neighbors to "choose a side" only creates division amongst our community and is an unfair request given that many of them rely on patronage from both sides of this issue. We do, however, ask for your support in approving this zoning request. As mentioned above, this will allow us to continue to serve our community by providing convenient and high quality accommodations We thank you for considering this request and we thank you for your continued service to our thriving neighbor in opposition to this request. downtown area. that allows our downtown to continue tot thrive and succeed. downtown. Sincerely, Justin Dungan Frank and Debbee Tomczyk 206 E Richardson Avenue Summerville, SC 29483 December 11, 2024 Town Planning Commission 200 S Main Street Summerville, SC29483 Subject: Opposition to Rezoning Request for 115 S. Magnolja Street, Summerville, SC. Dear Members of the Town Planning Commission, We are writing as a concerned neighbor regarding the proposed rezoning notice posted on the property known as Magnolia Bed & Breakfast. Our home is diagnolly across East Richardson Avenue from the subject property which sits on the corner of South Magnolia Street and East Richardson Avenue. We respectfully request that the commission deny the application to rezone the property from our current GR-2 (General Residential) zoning to D-MX (Downtown Mixed-Use). It appears to be an attempt to accomodate the owner's unapproved nonconforming expansion which, among other concerns, would set a troubling precedent for our community. As you are aware, zoning laws are in place to preserve the integrity and character of our neighborhoods. Allowing this rezoning would undermine these principles by effectively rewarding an unapproved expansion. The LLC owners of this Bed & Breakfast are in litigation for increasing their grandfathered non-conforming use and are requesting a zoning change which would allow their brazen expansion to usurp the ordinances established to protect neighboring properties. One shpuld not change the law to accomodate the unlawful. In addition, the change would not enhance the Purpose and Intent of the regulations contained in the Unified Development Ordinance 1.4 "Preserve Summerville's small town charm." The property is not in Downtown Summerville and it is bufferend from that zoning bya mixed-residential zone. Allowing Downtown mixed use zoning on this neighbor's property could, at the current or future owner's desire, become a bar/tavern, urgent care clinic, Inn with up to 24 rooms, a bank, funeral home, restaurant, veterinary clinic, or conference center to name a few and any of these uses would negatively impact the quality of life and overall cohesion of our neighborhood. Furthermore, approving this rezoning would signal others that noncompliance with zoning regulations can be rectified after the fact by rezoning, rather than adherence to the established processes. This undermines the trust and predictability that residents rely on when investing in and maintaining their properties. We urge the commission to carefully consider long-term implications of this decision and prioritize the preservation of'our residential zoning. Denying this request will reinforce the importance of zoning compliance and ensure that changes are made in a manner that benefits the community as a whole. Thank you for your time and attention to this matter. Respectfully, SatHeh eobee m Nomczyk December 12, 2024 To: The Members of the Town of Summerville Planning Commission Thank you for taking the time to read our letter. We appreciate your consideration of its contents. As we understand matters, the applicants, Mr. and Mrs. William J. Dungan, have requested zoning changes at two historic properties. One, their residence on Central Avenue; the other, 115S. Magnolia Street - "The Magnolia Inn." H approved, the properties now zoned GR-2 (General Residential) We are opposed to any zoning change that compromises "residential" peace and tranquility. The historic district is the best Summerville has to offer. Itis a small charming area filled with stately homes that many families have occupied. Each has its own unique history. The applicants want to change that. They want their present residential zoning changed to D-MX so they can further expand their rental enterprise. Their renting of more units permitted under the Dungans' current license has already sucked business from nearby short-term rentais (like the one bedroom cottage our family rents) that are trying to stay afloat. 115, with its lights, signs, and parking lots already stands out as an "inn" and is out of Another consideration is that the applicants may have other plans in mind, if not for the present, fori the future. Such plans could include a restaurant, bar, tattoo parlor, pawn shop, hair salon, auto Wel have immediate family living within walking distance of "Magnolia Inn" so we are extremely concerned about what the future holds. would change to D-MX (Downtown Mixed Use). character with the residential houses ini the neighborhood. repair, Dollar Store and others. Who benefits? Only two people the Dungans. Mr. Dungan is facing charges from the Town. He has taken advantage of the conditional licenses he has been issued, and now asks the Town to' 'break the rules' to let him off the hook! Perhaps It's our view that people who blatantly disregard rules and ordinances, particularly for only their We believe the best solution fori this problem is for the Town to revoke the Dungans' present license so the Town licensing division can send a clear message that the Unified Development Ordinance is enforced! Magnolia Street, East Richardson, and the other historic areas east of Main Street should be preserved and not placed in peril at the hands of "slippery" citizens. commercial re-zoning will negate the charges and fines he presently faces. own selfish purposes, deserve no additional favors. Rezoning these properties will open the door for further rezoning requests and the entire area will wind up looking like the area north of the railroad tracks. Please, please do not let that happen. Respectfully submitted, CWwy Mitw Mr. and Mrs. Seth Deitch 218 Lenwood Dr. Summerville, SC 29485 Shuler, Jessi From: Sent: To: Subject: Mary Becker mapelapcleregmalcom: Thursday, December 12, 20249:45PM Shuler, Jessi Historic District [You don't often get email from manevsbeceregmal.com. Learn why this isi important at https:/laka.ms/LearAbout5senderidentification) Caution: This email originated from outside of the organization. Please take care when clicking links or opening attachments. Mr Shuler, Iwould like to urge you & everyone ini town government to protect the historic areas in Summerville. Itis very short sighted to rezone areas that the public has decided should be protected. Why would my husband & leave San Francisco &1 travel all the way across the country to put down roots in Summerville? For the same reason people from all over the country havel been drawn to Summerville the historic look & charm oft this town. Summerville has something SO few lam also concerned that town officials intend to reward a property owner that flaunted the law to expand his business when hel knows only 3 units are allowed on his property. This sets at terrible precedent & believe the voters will punish Please think carefully, because once you destroy the reasons residents love this town it will be tool late to go back. New people will stop relocating here & current residents will look for greener pastures, just like my husband & Idid when we places do anymore, a strong sense of place. these officials int thet future as they certainly should. left San Francisco. Regards, Mary Becker Teal Farm, Summerville 1 Shuler, Jessi From: Sent: To: Subject: Lassie Murray lassemurayegmal.com, Monday, December 16, 2024 1:48PM 115 South Magnolia Rezoning Shuler, Jessi You don't often get email from assemuray@gmalicom: Learn why this isi important Caution: This email originated from outside of the organization. Please take care when clicking links William. Justin Dungan purchased the property at 115 South Magnolia fori the purpose of makingi ita an airbnb. His wife was excited and told me how they had done SO well with the ones in the state they moved from. The town denied their B&B permit because the Dungans did not and would not be occupying the property. When they were denied the permit, Dungan hired an attorney to set upt the Magnolia Bed & Breakfast, LLC giving a minimal ownership oft the property to a woman he hired to live there and run the property, thereby satisfying the town ordinance requirement. Whether or nott this person still resides there is not known. Ihave been to the house on neighborhood business and could not get any answer. Ayoung lady carrying linens came from the parking lot and told me that no one lives Now that he has been charged by the town for adding more than the allowed units for rental, he is again trying to circumvent: town ordinances by requesting rezoning. Please do not allow this zoning change. It will negativelyimpact the neighbors in this historic district by allowing more commercial and business in our quletneighbornood. Wel live here and love our neighborhood. Mr. Dungan does not. oro openingattachments. there. It was only an airbnb. Thank you fory your consideration. Lassie Murray 211 South Gum St 1