MEMORANDUM. Monday, November 19, :00 p.m. Kiawah Island BZA Meeting Packet

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MEMORANDUM TO: FROM: Town of Kiawah Island BZA Members John Taylor, Jr., Planning Director DATE: November 9, 2018 SUBJECT: Monday, November 19, 2018 4:00 p.m. Kiawah Island BZA Meeting Packet Attached you will find the following items: Agenda for the November 19, 2018 meeting of the BZA.

1 MEMORANDUM TO: FROM: Town of Kiawah Island BZA Members John Taylor, Jr., Planning Director DATE: November 9, 2018 SUBJECT: Monday, November 19, :00 p.m. Kiawah Island BZA Meeting Packet Attached you will find the following items: Agenda for the November 19, 2018 meeting of the BZA. Packet of case materials (1) Variance requests (BZA ) for your consideration. Please find enclosed the staff review and supporting documentation for this case. Proposed revisions to Town of Kiawah Island Board of Zoning Appeals Rules of Procedure Please feel free to call or me at ( ) if you have any questions or concerns prior to the meeting. Please call or Petra Reynolds, Town Clerk at ( ) if you are unable to attend this meeting.

Case # BZA-000016-2018 Kiawah Island BZA Meeting of November 19, 2018 Applicant/Property Owner: Representative: Property Location: St.

Community Support Zoning District 43,627 sq. ft. (1.00 acre) Variance request for the reduction of the required 25 setbacks for approximately 358 sq. ft. encroachment for a proposed fire station.

2 Case # BZA Kiawah Island BZA Meeting of November 19, 2018 Applicant/Property Owner: Representative: Property Location: St. Johns Fire District Colleen Walz, Fire Chief Kenneth Rosenblum, Architect Rosenblum Coe Architects 12 Sora Rail Road TMS#: Zoning District: Lot Size: Request: CS, Community Support Zoning District 43,627 sq. ft. (1.00 acre) Variance request for the reduction of the required 25 setbacks for approximately 358 sq. ft. encroachment for a proposed fire station. Requirement: Chapter 12. Land Use Planning and Zoning, Art. II. Zoning, Div. 2. Zoning Map/Districts, Sec CS, Community Support District; Required property setbacks of 25 (Front); 25 (Side); 25 (Rear)

3 Sec CS, Community Support District. (a) (b) Purpose and intent. The purpose of the CS, Community Support District is to provide for supporting community facilities and services including, but not limited to, utilities, street maintenance facilities and other necessary uses that may not otherwise be compatible with uses permitted in other districts in the Town of Kiawah Island. District regulations. The following apply to the CS zoning district: (1) The maximum floor area ratio for this district is 0.25; (2) Lot standards (setbacks, lot coverage, etc.) are listed in table 2K in this subsection; (3) Authorized uses are listed in table 3A in section (c); (4) Parking standards are given in section Table 2K. Lot Standards for the CS, Community Support Zoning District Minimum area (square feet) (1) 20,000 Minimum lot depth (feet) 120 Minimum width(feet) 150 Maximum floor area ratio 0.25 Maximum lot coverage 70 percent Maximum height (2)(6) Stories 2.5 Feet 40 Minimum setbacks (feet) (3) Front 25 Side (4) 25 Rear (5) 25 (1) Smaller nonresidential lots may be permitted by the Town Council as part of a planned development. (2) Buildings shall not exceed the permitted number of stories or height.

4 (3) Canopies connected to the main building shall be set back a minimum of 20 feet from any property line. (4) No interior side yard will be required on contiguous lots. (5) Accessory structures shall be located a minimum of 20 feet from rear property lines. (6) Height in the CS zoning district applies to uses which will not fit within the categories in this table. Example: clubhouses or other recreation-oriented structures, public buildings, churches, etc. (Code 1993, 12A-211; Ord. No , 12A-211, )

5 TURNS T ADOW VE NAGER µ CT WOODCOCK S 12 Sora Rail Road Town of Kiawah Island TMS # SEA FOREST DR Subject Property BANK SWALLOW SORA RAIL RD Legend SUMMER DUCK BALD PATE CT BU L R Resort Overlay LN R-2-O Overlay Zoning Districts Park R-1 WAY LN R-2 CS

6 Kiawah BZA Meeting of November 19, 2018 Staff Review, Case # BZA Staff Review: The applicant, St. Johns Fire District, is being represented by Mr. Kenneth Harkins of Rosenblum Coe Architects, in requesting a Variance for the reduction of the required 25 setbacks for approximately 325 square feet encroachment for a proposed fire station at the subject property, 12 Sora Rail Road, Kiawah Island, SC (TMS# ). The subject property is located within the CS, Community Support Zoning District. The subject property is the location of the existing St. Johns Fire District Station No. 4. The lot is approximately 43,627 square feet (1.00 acre) in size. Per Charleston County records, the existing fire station was constructed in All adjacent properties are also located in the CS, Community Support Zoning District. The subject property is under the purview of the Kiawah Island Architectural Review Board. The Town of Kiawah Island Land Use Planning and Zoning Ordinance requires a twentyfive feet front yard setback (Sora Rail), twenty-five feet side yard setback, and twenty-five feet rear yard setback with an allowed maximum lot coverage of 70% for the subject property. The existing structure is legally non-conforming with regards to setbacks. The existing lot coverage is currently approximately 48.58%. The Ordinance defines Setback as a required minimum distance from the lot line, or street right-of-way, or OCRM critical line that establishes an area within which a structure shall be erected. The Ordinance defines Side Setback as any setback other than a rear or front setback. The applicant s letter of intent explains, St. Johns Fire District needs to expand and modernize Fire Station 4, located at 12 Sora Rail Road to serve the continuing growth of the community. This will require a larger station, housing more fire fighters as well as space to accommodate the necessary additional parking. To effectively accomplish this on the existing site, we are requesting a variance to the 25-foot side yard setbacks to allow an encroachment of up to 10 feet. The applicant has submitted to the Kiawah Island Architectural Review Board (KIARB) for a Variance Review. The KIARB has granted approval for the variance request. The KIARB states, The variance to encroach into the side setbacks as proposed is approved at the building corners. Please see the attachments for further information regarding this request. A site visit was conducted on October 30, 2018, at which time the following determinations were made regarding the Approval Criteria for Variances, as stated in Chapter 12 of the Town of Kiawah Island Land Use Planning and Zoning Ordinance, Article II, Division 5, Section (4): Staff Findings: The BZA may grant a variance only if exceptional circumstances exist, and where practical difficulty or unnecessary hardship is so substantial, serious, and compelling that relaxation of the general restrictions ought to be granted. No variance shall be granted unless the applicant shall show and the BZA shall find that: Page 1 of 4

7 Kiawah BZA Meeting of November 19, 2018 Staff Review, Case # BZA (4)a.: There are extraordinary and exceptional conditions pertaining to the particular piece of property; Staff Response: There may be extraordinary and exceptional conditions pertaining to the property due to the irregular shape of the lot, the required setbacks, and the legal nonconforming status of the existing structure that encroaches into the required setback. The existing structure was established in 1986, per Charleston County records. Per the applicant s letter of intent, The property becomes narrower as it gets closer to Kiawah Island Parkway. The property includes access from Sora Rail Road for fire apparatus and automobiles, and access onto Kiawah Island Parkway for fire apparatus only. The site needs to accommodate three (3) fire apparatus vehicles, with front and rear aprons for the apparatus; parking for twenty (personal vehicles; and 24/7 living quarters for up to twelve (12) fire fighters (4)b.: These conditions do not generally apply to other property in the vicinity; Staff Response: These conditions are unique to the subject property and may not generally apply to other properties in the vicinity. The property is located in the CS, Community Support Zoning District. Adjacent properties contain commercial uses and are also located in the CS, Community Support Zoning District. Other properties in the vicinity, across Kiawah Island Parkway and to the East, are zoned residential. There are two fire stations located on Kiawah Island. The other fire station is located along Governors Drive. Per the applicant s letter of intent, Other properties in the vicinity do not require access from both Sora Rail Road and Kiawah Island Parkway. Other properties do not require expensive drives and maneuvering space/aprons for large fire-fighting apparatus, along with parking for 20 personal vehicles (4)c.: Because of these conditions, the application of this Ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; Staff Response: The application of this Ordinance to 12 Sora Rail Road would prohibit the ability to redevelop the existing fire station site to the proposed fire station under the required minimum setbacks. The required minimum setbacks for the CS, Community Support Zoning District is 25 feet. The proposed structure encroaches into the setbacks approximately 9-1 (183 square feet) to the west and approximately 9-6 (175 square feet) to the east, where the proposed structure modifications are located within the required 25 setback. However, it does not Page 2 of 4

8 Kiawah BZA Meeting of November 19, 2018 Staff Review, Case # BZA unreasonably restrict the utilization of the property. Per the applicant s letter of intent, The application of the zoning ordinance to these existing conditions would result in the inability to add an access deck, as well as the proposed covered screen porch on top of the existing deck and foundation construction (4)d.: The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the zoning district will not be harmed by the granting of the variance; Staff Response: The authorization of this variance may not be of substantial detriment to the adjacent properties or the public good. With an existing setback encroachment, the proposed use will remain the same for the subject property. Properties in the vicinity are also zoned CS, Community Support. Per the applicant s letter of intent, Authorizing the side yard variance will have no impact to the laundry facility on the West and Authorizing the side yard variance will have no impact to the utility easement on the East. The authorization will have no impact to the public good or the character of the zoning district along Sora Rail Road or Kiawah Island Parkway (4)e.: The Board of Zoning Appeals shall not grant a variance the effect of which would be to allow the establishment of a use not otherwise permitted in a zoning district, to extend physically a nonconforming use of land, or to change the zoning district boundaries shown on the official zoning map; Staff Response: Granting of this variance would not allow the establishment of a use not otherwise permitted in this zoning district, extend physically a non-conforming use of land, or change the zoning district boundaries. Per the applicant s letter of intent, A fire station currently exists on site and is a conforming use. Allowing the variance would have no impact on the zoning district boundaries (4)f: The fact that property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance; Staff Response: The BZA may not consider profitability when considering this variance request. Per the applicant s letter of intent, SJFD is a non-profit organization providing a critical public service to the community (4)g.: The need for the variance shall not be the result of the applicant s own actions; Staff Response: The need for the variance may be the result of the applicant s own actions. Since the existing residence is a nonconforming structure, the existing structure could be maintained without the need for a variance. However, per the applicant s letter of Page 3 of 4

9 Kiawah BZA Meeting of November 19, 2018 Staff Review, Case # BZA intent, The need for a new, improved and expanded fire station is due to the growth of the community that the station serves (4)h.: Granting the variance will not be contrary to the public or neighborhood interest nor will not adversely affect other property in the vicinity, nor interfere with the harmony, spirit, intent and purpose of these regulations; Staff Response: Granting of this variance may not be contrary to the public or neighborhood interest, may not adversely affect other property in the vicinity, nor interfere with the harmony, spirit, intent, and purpose of these regulations. On September 25, 2018, the Kiawah Island Architectural Review Board approved the variance request for the encroach into the side setbacks is approved at the building corners. Per the applicant s letter of intent, Allowing the variance will not be contrary to the public interest, rather it will allow an asset to the community to become even greater asset (4)i.: Granting of the variance does not substantially conflict with the Comprehensive Plan or the purposes of this Ordinance. Staff Response: Granting of the variance may not substantially conflict with the Comprehensive Plan or the purposes of the Ordinance. The use of this project does not change and will remain within the Community Support Zoning District. The Ordinance states The purpose of the CS, Community Support District is to provide for supporting community facilities and services including, but not limited to, utilities, street maintenance facilities and other necessary uses that may not otherwise be compatible with uses permitted in other districts in the Town of Kiawah Island. Per the applicant s letter of intent and letter to the Kiawah Island Architectural Review Board, Because we are building to accommodate the future growth of Kiawah Island we have to plan for the increased number of personnel and their ability to park their vehicles when reporting to work for the necessity to accommodate the increase in the number of vehicles at shift change. Most important on this limited plat of land, is the positioning of the front and rear aprons that must provide adequate access and negotiation of our Fire apparatus from Sora Rail to Kiawah Island Parkway. Granting this variance will have no impact on the comprehensive plan or the purposes of this ordinance. Board of Zoning Appeals Action: The Board of Zoning Appeals may approve, approve with conditions or deny Case #BZA (Variance request for the reduction of the required 25 setbacks for approximately 358 sq. ft. encroachment for a proposed fire station at 12 Sora Rail Road) based on the BZA s Findings of Fact, unless additional information is deemed necessary to make an informed decision. Page 4 of 4

Case # BZA-000016-2018 BZA Meeting of November 19, 2018 Subject Property: 12 Sora Rail Road Kiawah Island Proposal: Variance

10 Case # BZA BZA Meeting of November 19, 2018 Subject Property: 12 Sora Rail Road Kiawah Island Proposal: Variance request for the reduction of the required 25 setbacks for approximately 358 sq. ft. encroachment for a proposed fire station.

11 Subject Property

12 Case #BZA Subject Property

13 Case #BZA Subject Property

14 Case #BZA Subject Property

15 Case #BZA Kiawah Island Parkway

16 Case #BZA Adjacent Properties

17 Case #BZA Sora Rail Road

27 A A SEALS C COPYRIGHT 2014 ROSENBLUM COE ARCHITECTS, INC. THIS DRAWING HAS BEEN PREPARED BY ROSENBLUM COE ARCHITECTS, INC. FOR THIS PROJECT AND IS AN INSTRUMENT OF THE ARCHITECTS SERVICE FOR THE USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR OF THIS DOCUMENT AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT. B NOTES: Existing Station Lot Covearage Calculations Site Information Area (sf) Area (ac.) Site area 43, Lot Coverage Item Area (sf) Area (ac.) Building 7, (decks, apparatus bay, living area, stairs, etc.) Paved Areas 13, (Driveway, Walls, Backup Generator, Fuel Tank, etc.) Total Lot Coverage: 21, B Existing Paving Item Area (sf) Area (ac.) Site Area 43, Lot Coverage Total 21, Lot Covearage Percentage: 48.58% 48.58% Existing Built Structure C Existing Paved Area C 25' Setback 25' Setback Existing Paving Existing Paving D REVISIONS D Existing Paving FUEL PUMP Existing Paving FUEL TANK Construction Documents 25' Setback 25' Setback Existing Paving S ST. JOHNS FIRE DISTRICT KIAWAH STATION #4 E E ROSENBLUM COE ARCHITECTS, INC MEANS ST. CHARLESTON, SC Existing Station Lot Coverage Diagram SHEET NAME F PROJECT NUMBER F General Notes: 1. Base information including streets, right-of-ways, lot lines and topo obtained from Thomas & Hutton, in a file named "ACAD PGD-PL-Model.dwg" dated 11/02/18. John Tarkany Associates, Inc. assumes no responsibility for the accuracy of this information. 2. Contractor is responsible for contacting Palmetto Utility Protection Service to locate all existing underground electrical and telephone utilities prior to construction, and sewer for underground water and sewer lines. Contractor to make these contacts prior to beginning work. 3. Contractor shall exercise extreme caution in area where additional underground utilities may exist. The contractor shall be responsible for all damage to existing utilities, both known and unknown. Contractor shall observe safety practices while working near vehicular traffic. 4. Contractor shall verify plans in the field and notify landscape architect of any discrepancies prior to construction. 10' 5' 0' 10' 20' 30' NORTH SCALE: 1"=10-0" DRAWN BY CHECKED BY DATE SCALE Chris O. John T. Nov 2nd, 2018 L

1 2 3 4 5 6 7 8 9 A A SEALS C COPYRIGHT 2014 ROSENBLUM COE ARCHITECTS, INC. THIS DRAWING HAS BEEN PREPARED BY ROSENBLUM COE ARCHITECTS, INC.

THE ARCHITECT SHALL BE DEEMED THE AUTHOR OF THIS DOCUMENT AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT.

28 A A SEALS C COPYRIGHT 2014 ROSENBLUM COE ARCHITECTS, INC. THIS DRAWING HAS BEEN PREPARED BY ROSENBLUM COE ARCHITECTS, INC. FOR THIS PROJECT AND IS AN INSTRUMENT OF THE ARCHITECTS SERVICE FOR THE USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR OF THIS DOCUMENT AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT. NOTES: B Proposed Station Lot Covearage Calculations Site Information Area (sf) Area (ac.) Site area 43, Lot Coverage Item Area (sf) Area (ac.) Building 9, (decks, apparatus bay, living area, stairs, etc.) Back-up Generator (pad, structure, generator) Proposed Paved Areas 12, (parking, driveway, sidewalks, flag pole) B UP Existing Paved Areas 2, (paved areas to remain in place) Walls (timber retaining wall) Total Lot Coverage: 24, C Item Area (sf) Area (ac.) Site Area 43, Lot Coverage Total 24, Lot Covearage Percentage: 55.68% 55.68% C 25' Setback Proposed Built Structure UP Proposed Paved Area 25' Setback Existing Paved Area UP Timber Retaining Wall D REVISIONS D Construction Documents 25' Setback 25' Setback ST. JOHNS FIRE DISTRICT KIAWAH STATION #4 E E ROSENBLUM COE ARCHITECTS, INC MEANS ST. CHARLESTON, SC Proposed Station Lot Coverage Diagram SHEET NAME F PROJECT NUMBER F General Notes: 1. Base information including streets, right-of-ways, lot lines and topo obtained from Thomas & Hutton, in a file named "ACAD PGD-PL-Model.dwg" dated 11/02/18. John Tarkany Associates, Inc. assumes no responsibility for the accuracy of this information. 2. Contractor is responsible for contacting Palmetto Utility Protection Service to locate all existing underground electrical and telephone utilities prior to construction, and sewer for underground water and sewer lines. Contractor to make these contacts prior to beginning work. 3. Contractor shall exercise extreme caution in area where additional underground utilities may exist. The contractor shall be responsible for all damage to existing utilities, both known and unknown. Contractor shall observe safety practices while working near vehicular traffic. 4. Contractor shall verify plans in the field and notify landscape architect of any discrepancies prior to construction. 10' 5' 0' 10' 20' 30' NORTH SCALE: 1"=10-0" DRAWN BY CHECKED BY DATE SCALE Chris O. John T. Nov 2nd, 2018 L

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