Spartanburg County Planning and Development Department MINUTES Planning and Development Commission County Council Chambers, 4:30 p.m. August 8, 2017 Members Present: Whit Kennedy, Chairman Toby McCall, Vice Chairman Doug Brackett, Secretary Les Green Martial Robichaud Donna Turner Williams Stewart Winslow Harold Scruggs Jerry Gaines Members Absent: Staff Present: Bob Harkrader, Planning Director John Harris, County Attorney Josh Henderson, Senior Planner Leigh Davis, Senior Planner Bonnie Gibbs, Development Coordinator Tiajuana Harris, Development Coordinator NOTICE: Pursuant to Section 30-4-80 of the S.C. Code of Laws, the annual notice of meetings for this Commission was provided on or before January 1, 2015 via the County website. In addition, the Agenda for this Meeting was posted on the bulletin board at the entrance to the Administration Building as well as on the County's website and was emailed to all persons, organizations, and news media requesting notice. 1. Call to Order Chairman Whit Kennedy called the meeting to order. 2. Approval of Minutes Donna Turner Williams made a motion to approve the July 11, 2017 minutes as submitted. Doug Brackett seconded the motion. The motion carried with vote of 9 to 0. 1
3. Old Business None 4. New Business - None 5. Public Hearings a. Carlos DeSouza, Agent on behalf of Kinder Morgan Southeast Terminals, Property Owner 200 Nebo Street, Spartanburg, SC 29302 Tax Map Number: 7-17-11-032.00 Applicant seeks the following variances: Variance 1: To encroach into the required setback from a dwelling (approximately 15 ) for 17-10-069.00. Section 3.14 of the ULMO, Bulk Storage and Distribution of Variance 2: To encroach into the required setback from a dwelling (approximately 138 ) parcel 7-17-10-077.01. Section 3.14 of the ULMO, Bulk Storage and Existing Facilities, requires a 500 setback from dwellings and places of extensive Variance 3: To encroach into the required setback from a dwelling (approximately 14 ) for 17-10-068.00. Section 3.14 of the ULMO, Bulk Storage and Distribution of Variance 4: To encroach into the required setback from a dwelling (approximately 53 ) for 17-11-058.00. Section 3.14 of the ULMO, Bulk Storage and Distribution of Variance 5: To encroach into the required setback from a dwelling (approximately 168 ) parcel 7-17-10-077.00. Section 3.14 of the ULMO, Bulk Storage and 2
Existing Facilities, requires a 500 setback from dwellings and places of extensive Variance 6: To encroach into the required setback from a dwelling (approximately 96 ) for 17-11-060.00. Section 3.14 of the ULMO, Bulk Storage and Distribution of Variance 7: To encroach into the required setback from a dwelling (approximately 52 ) for 17-11-064.00. Section 3.14 of the ULMO, Bulk Storage and Distribution of Josh Henderson presented the following Staff Report: 1. Factual Dates a. Variance Application Received 07/11/2017 b. Deadline for Variance 07/11/2017 c. Public Notice Herald Journal 07/19/2017 d. Adjoining Property owners notified 07/24/2017 e. Variance Sign Posted on Property 07/24/2017 f. Planning Commission Meeting 08/08/2017 2. Background Information Kinder Morgan Southeast Terminals, LLC, property owner, has submitted a variance request for the property located at 200 Nebo Street, Spartanburg. The property is currently being utilized as a fuel distribution facility consisting of approximately six fuel tanks. The applicant is proposing to construct an additional 30,000 gallon butane tank on the property. The applicant is requesting the following variances: Variance 1: To encroach into the required setback from a dwelling (approximately 15 ) for 17-10-069. Section 3.14 of the ULMO, Bulk Storage and Distribution of Fuel Products Spacing/Setback Requirements for Expansion of Existing Facilities, requires a 500 setback from dwellings and places of extensive group assembly. 3
Variance 2: To encroach into the required setback from a dwelling (approximately 138 ) parcel 7-17-10-077.01. Section 3.14 of the ULMO, Bulk Storage and Existing Facilities, requires a 500 setback from dwellings and places of extensive Variance 3: To encroach into the required setback from a dwelling (approximately 14 ) for 17-10-068.00. Section 3.14 of the ULMO, Bulk Storage and Distribution of Variance 4: To encroach into the required setback from a dwelling (approximately 53 ) for 17-11-058.00. Section 3.14 of the ULMO, Bulk Storage and Distribution of Variance 5: To encroach into the required setback from a dwelling (approximately 168 ) parcel 7-17-10-077.00. Section 3.14 of the ULMO, Bulk Storage and Existing Facilities, requires a 500 setback from dwellings and places of extensive Variance 6: To encroach into the required setback from a dwelling (approximately 96 ) for 17-11-060.00. Section 3.14 of the ULMO, Bulk Storage and Distribution of Variance 7: To encroach into the required setback from a dwelling (approximately 52 ) for 17-11-064.00. Section 3.14 of the ULMO, Bulk Storage and Distribution of 4
3. Staff Recommendation Variances 1-7: The requests to encroach into the required setback from a dwelling for a 30,000 gallon butane tank to be located on the property adjacent to parcels: (1) 7-17-10-069.00; (2) 7-17-10-077.01; (3) 7-17-10-068.00; (4) 7-17-11-058.00; (5) 7-17-10-077.00; (6) 7-17-11-060.00; (7) 7-17-11-064.00 do not appear to meet the four criteria for granting a variance as set forth in Section 5.01-2(2)(f)(2) of the ULMO and the SC Local Government Comprehensive Planning Enabling Act (SC Code of Laws, Title 6, Chapter 29). a.) Extraordinary and exceptional conditions pertaining to the particular piece of property. The variance requests do not appear to meet this criteria. There are no extraordinary or exceptional conditions pertaining to the particular piece of property. b.) These conditions do not generally apply to other property in the vicinity. The variance requests do not appear to meet this criteria. There are no conditions that apply to the property that do not apply to other property in the vicinity. c.) Because of these conditions, strict application of the Ordinance effectively prohibits or unreasonably restricts the utilization of the property. The variance requests do not appear to meet this criteria. Current ordinance requirements do not unreasonably restrict utilization of subject property. d.) No substantial detriment to adjacent property or public good and character of area not harmed. The variance requests do not appear to meet this criteria. Allowing the proposed tank in the proposed location could be a detriment for the dwellings that fall within the 500 setback radius. Staff recommends the variances be denied. Jerry Gaines inquired as to the reasoning for seven variances rather than one. Mr. Henderson advised that the staff decided to require seven in fairness to each dwelling. Mr. Henderson presented the Commission with an aerial view, site plan, and street view of the property. Chairman Kennedy opened the public hearing. Paul Raetz, project manager for Energy Transfer Partners, was sworn in. He advised the Commission that while this particular design is new, there are no safety concerns, and no accidents have occurred at any of his systems. At Chairman Kennedy s request, Mr. Raetz detailed the purpose and process of the butane system. Chairman Kennedy suggested a different location on the property to place the proposed tank. Mr. Raetz advised that other locations were not potential options due to NFPA regulations. 5
Jerry Crowder was sworn in and estimated that Chairman Kennedy s proposed location would still be in violation of the required 500 setback from some of the residential dwellings. Doug Brackett inquired as to the safety measures of the facility and Mr. Crowder responded that the entire facility is fenced and monitored by security cameras as well as subjected to daily security checks. The applicant, Carlos DeSouza, was sworn in and expressed concern regarding the accessibility of Chairman Kennedy s alternate location due to the slope on that end of the property as well as the presence of a Duke Power easement. Richard Voytek, also with Energy Transfer Partners, was sworn in and provided the dimensions of the proposed tank to be approximately 47 long and 11.5 wide. Mr. Voytek also advised the Commission of a 14 element safety protocol required for this type of system as well as a process hazard assessment to mitigate problems. Martial Robichaud questioned the reason for the 500 setback in the ordinance. Bob Harkrader, Planning Director, advised the Commission that the 500 rule was presumably placed due to safety concerns and was amended by the County Council. Toby McCall indicated that the existing tanks on the property do not meet the setback requirements of the ordinance and that triggering new safety measures may increase the overall safety of the facility. Michael Brown, NAACP President, on behalf of the residential community in question, was sworn in. Mr. Brown advised that the majority of the residents are elderly and have concerns regarding the amount of increased traffic caused by the installation of this new system. Concerns about exhaust, air quality, noise, safety, water quality, and property value were also addressed. 6. Discussion Items None Chairman Kennedy closed the public hearing. 7. Unified Land Management Ordinance (No. O-99-015) A. Subdivisions 1. Major (Preliminary Plats) - Cross Creek at Sweetwater Hills Mr. Henderson presented the following Staff Report. 6
1. Factual Dates a. Plats and Application received 07/10/2017 b. Planning Commission deadline date 07/18/2017 c. Planning Commission Meeting 08/08/2017 2. Background Information Gallimore Sampson Development Company has submitted an application for a single-family residential subdivision. The project site, Cross Creek at Sweetwater Hills, is the fifth phase of the development located within the Sweetwater Hills Subdivision. This development is located in Moore, SC and the site is currently vacant. The developer is proposing 159 singlefamily lots and a common area to be maintained by the homeowners association on 88.657 acres. The subdivision will have 13 new roads and extend one existing road consisting of 1.33 miles, which will be dedicated to Spartanburg County for maintenance. 3. Staff Recommendation Staff recommends that the Planning Commission conditionally grant the preliminary plat approval for Sweetwater Hills Ph. 5 contingent upon receiving approvals from Addressing, Road Naming, and Spartanburg County Engineering. Mr. Henderson presented the Commission with an aerial view, site plan, and street view of the property. Chairman Kennedy requested that an additional condition to stripe the entrance and exit for turn lanes. Toby McCall made a motion to conditionally grant preliminary plat approval for Cross Creek at Sweetwater Hills, contingent upon receiving approvals from Addressing, Road Naming, Spartanburg County Engineering, and striping of the entrance and exit for turn lanes. Donna Turner Williams seconded the motion. The motion carried 9 to 0. 2. Major (Final Plats) * - - Townsend Place Doug Brackett made a motion to read Townsend Place into the record as an approved Final Plat. Les Green seconded the motion. The motion carried with a vote of 9 to 0. - Castle Stone 7
Les Green made a motion to read Castle Stone into the record as an approved Final Plat. Donna Turner Williams seconded the motion. The motion carried with a vote of 9 to 0. 3. Minor (Summary Plats) Josh Henderson requested the following to be read into the record as approved: - Mrs. Sadie G. McLeod Martial Robichaud made a motion to read Mrs. Sadie G. McLeod into the record as an approved Final Plat. Donna Turner Williams seconded the motion. The motion carried with a vote of 9 to 0. - Jason Tumblin Doug Brackett made a motion to read Jason Tumblin into the record as an approved Final Plat. Stewart Winslow seconded the motion. The motion carried with a vote of 9 to 0. - Empyrean Financial Group Martial Robichaud made a motion to read Empyrean Financial Group into the record as an approved Final Plat. Toby McCall seconded the motion. The motion carried with a vote of 9 to 0. - Kimbrell Oaks Sec. 2 Harold Scruggs made a motion to read Kimbrell Oaks Sec. 2 into the record as an approved Final Plat. Les Green seconded the motion. The motion carried with a vote of 9 to 0. - Fran s Properties Stewart Winslow made a motion to read Fran s Properties into the record as an approved Final Plat. Donna Turner Williams seconded the motion. The motion carried with a vote of 9 to 0. 4. Minor (Private Road Developments)* - None 5. Minor (Family Property) * - None B. Land Development 1. Major (Preliminary Plats) - None 2. Major (Final Plats) - None 3. Major (Site Plan) 8
Apple Valley Farms Mr. Henderson presented the following Staff Report. 1. Factual Dates a. Land Development Application received 07/18/2017 b. Site Plan Received 07/18/2017 c. Planning Commission Deadline Date 07/18/2017 d. Planning Commission Meeting 08/08/2017 2. Background Information Kevin Casteel, agent on behalf of property owner, Margaret A. Snow and James H. Snow has made an application to develop an industrial property located at 231 Apple Valley Road at the corner of Apple Valley Road and Boiter Road. The portion of the parcel that contains the proposed development is approximately 39.9 acres. The applicant is proposing two buildings with the following dimensions: Building A will be 196,000 sq. ft. and 38 6 tall and Building B will be 177,320 sq. ft. and 38 6 tall. The proposed development exceeds the required 67 parking spaces with 211 parking spaces. It will provide a bufferyard 6B along the property line adjacent to Boiter Road and a bufferyard 6A in the rear adjacent to the single family residence. The development will also consist of two detention ponds. 3. Staff Recommendation Staff recommends that the Planning Commission grant conditional approval for the site plan for Apple Valley Farms contingent upon receiving approvals from Spartanburg County Engineering, SSSD (sewer), and submittal of a site plan which shows the portion of the property north of the detention pond as not being developed. Mr. Henderson presented the Commission with an aerial view, site plan, and street view of the property. Jerry Gaines made a motion to conditionally grant preliminary plat approval for Apple Valley Farms, contingent upon receiving approvals from Spartanburg County Engineering and SSSD (sewer). Toby McCall seconded the motion. The motion carried 9 to 0. 4. Minor (Summary Plats) - None 5. Major (Summary Plats)- None 6. Preliminary Extension Request - None 8. Proposed Amendments - None 9
9. Other Business a. Consider Variance Request: Carlos DeSouza, Agent on behalf of Kinder Morgan Southeast Terminals, Property Owner 200 Nebo Street, Spartanburg, SC 29302 Tax Map Number: 7-17-11-032.00 Applicant seeks the following variances: Variance 1: To encroach into the required setback from a dwelling (approximately 15 ) for 17-10-069. Section 3.14 of the ULMO, Bulk Storage and Distribution of Fuel Products Spacing/Setback Requirements for Expansion of Existing Facilities, requires a 500 setback from dwellings and places of extensive group assembly. Variance 2: To encroach into the required setback from a dwelling (approximately 138 ) parcel 7-17-10-077.01. Section 3.14 of the ULMO, Bulk Storage and Existing Facilities, requires a 500 setback from dwellings and places of extensive Variance 3: To encroach into the required setback from a dwelling (approximately 14 ) for 17-10-068.00. Section 3.14 of the ULMO, Bulk Storage and Distribution of Variance 4: To encroach into the required setback from a dwelling (approximately 53 ) for 17-11-058.00. Section 3.14 of the ULMO, Bulk Storage and Distribution of Variance 5: To encroach into the required setback from a dwelling (approximately 168 ) parcel 7-17-10-077.00. Section 3.14 of the ULMO, Bulk Storage and Existing Facilities, requires a 500 setback from dwellings and places of extensive 10
10. Adjournment Variance 6: To encroach into the required setback from a dwelling (approximately 96 ) for 17-11-060.00. Section 3.14 of the ULMO, Bulk Storage and Distribution of Variance 7: To encroach into the required setback from a dwelling (approximately 52 ) for 17-11-064.00. Section 3.14 of the ULMO, Bulk Storage and Distribution of Doug Brackett inquired as to how many trucks would make up the additional traffic due to the new system. Mr. Crowder estimated approximately five trucks. Martial Robichaud indicated his hesitance to grant a variance without meeting the four criteria. Jerry Gaines implied that the criteria for exceptional conditions of the property could be met. Chairman Kennedy suggested carrying this decision to the next meeting in order to gain more information about an alternative location and a scaled map. Donna Turner Williams made a motion to carry the variance requests to the September 12, 2017 meeting. Jerry Gaines seconded the motion. The motion carried with a vote of 9 to 0. b. Monthly Subdivision and Land Use Report c. Planning Commission Chairman, Whit Kennedy, and Planning Director, Bob Harkrader will provide an update on Area Performance Planning. Mr. Harkrader advised that a joint meeting between the Planning Commission and Advisory Committee will be held August 24, 2017 at 10:00 a.m. There being no other business, Doug Brackett made a motion to adjourn. Jerry Gaines seconded the motion. The motion carried with a vote of 9 to 0. The meeting adjourned at 6:17 p.m. By: Doug Brackett, Planning Commission Secretary Prepared by: Planning and Development Department Staff 11