A G E N D A. Rock Hill Zoning Board of Appeals. December 16, 2014

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1 TO: FROM: RE: Rock Hill Zoning Board of Appeals Josh Reinhardt, Planner II / Paul Koska, Planner I Meeting Agenda DATE: December 12, 2014 The Rock Hill Zoning Board of Appeals will hold a public hearing on Tuesday, December 16, 2014, at 6:00 p.m. in Council Chambers at City Hall, 155 Johnston Street, to consider the following appeals. Please feel free to contact me regarding any item on the agenda. Thank you. 1. Call to Order A G E N D A Rock Hill Zoning Board of Appeals December 16, Approval of minutes of November 18, 2014 meeting. 3. Appeal No. Z : Request by Community Medicine Foundation for a Special Exception for a Medical Clinic use in the Mixed Use Corridor (MUC) zoning district. The property is located at 1140 Saluda Street, Tax map number: Appeal No. Z : Request by St. Anne s Catholic Church for a Special Exception for a Columbarium use in the Office & Institutional (OI) zoning district. The property is located at 1694 Bird Street. Tax map number: Appeal No. Z : Request by Ebenezer Veterinary Hospital, LLC, for a Special Exception in order to board more than 20 animals on site at one time and for a fenced outdoor animal area closer to the property line than the required 80 feet in the Limited Commercial (LC) zoning district. The property is located at 2445 Ebenezer Road. Tax map numbers: and Appeal No. Z : Request by Scott R. Kelly for a Special Exception for a Used Car Lot use in the Mixed Use Corridor (MUC) zoning district. The property is located at 725 Saluda Street. Tax map numbers: through Other Business 8. Adjourn

2 Heckle Zoning Board of Appeals Agenda Items City of Rock Hill, SC December 16, 2014 Zoning Board of Appeals Mt Gallant Sutton Hwy 21 Old York India Hook Celanese 5 York Cherry I-77 Main 4 Dave Lyle Anderson McConnells Heckle 6 Albright 3 Anderson Ogden I-77 Mt. Holly Legend Map Saluda River City Limits Agenda Item Not Drawn To Scale DR 12/11/14 #

3 Zoning Board of Appeals City of Rock Hill, South Carolina November 18, 2014 A public hearing of the Zoning Board of Appeals was held on Tuesday, November 18, 2014, at 6:30 PM in Council Chambers at City Hall, 155 Johnston Street, Rock Hill, South Carolina. MEMBERS PRESENT: STAFF PRESENT: Matt Crawford, Donovan Steltzner, Keith Sutton, Michael Smith, Stacey Reeves, John Antrim, Justin Smith Josh Reinhardt, Paul Koska, Leah Youngblood, Janice Miller Legal notice of the public hearing was published in The Herald, Saturday, November 1, Notice was posted on all property considered. Adjacent property owners and residents were notified in writing. 1. Call to Order The meeting was called to order at 6:30 PM. 2. Approval of minutes of October 21, 2014, meeting. Mr. Antrim made a motion to approve the minutes. Mr. Greene seconded the motion. The minutes were approved unanimously by a vote of Appeal No. Z : Request by Dr. Eric Setzer for a Variance from the sign setback standards. The property is located at 770 Riverview Road and is zoned General Commercial (GC). Tax map number: Mr. Reinhardt presented the staff report. Mr. Antrim asked if the applicant had considered moving the sign to another location on the site. Mr. Reinhardt stated that the sign could be located anywhere along the frontage, provided it was located 150 away from any adjacent property sign, indicating that the closest sign at Hager Motorsports was 150 away. Mr. Steltzner asked about the tree height and if this was part of the required landscaping installed by the previous owner. Mr. Reinhardt stated that it was and that the City s landscape architect had allowed Dr. Setzer to trim the trees to allow a viewshed. Mr. Greene asked if the trees were lower than the proposed sign. Mr. Reinhardt stated the trees were taller. Mr. Greene asked about the proposed location of the sign. Mr. Reinhardt stated that Dr. Setzer had worked with the City s landscape architect and the South Carolina Department of Transportation about the allowances for clearing the area. Mr. Greene asked about the swimming pool with the sign located in the same area. Mr. Reinhardt stated that this was county property, but that if located in the City, it would have to comply with outdoor display requirements. Mr. Crawford asked about the setback for the interstate. Mr. Reinhardt stated that it was typically 5, but that it was being looked at to change this to the same 10 1 P age

4 setback as the required utility easement. Dr. Eric Setzer, 4040 Elks Park Road, applicant, stated that he was limited as to where he could place the sign because of the trees that had been required for the previous owner. Mr. Steltzner asked if there was a utility easement. Dr. Setzer stated that he was only aware of the stormwater drain in that area, and a gas line at the left corner of the property. Mr. Antrim asked about the temporary sign location. Dr. Setzer stated that it could be seen, but that if he were to put a permanent sign in that location, it would be covered by the tree stumps in the area. Mr. Sutton asked how the sign would be lit. Dr. Setzer stated that it would be internally lit. Mr. Greene asked if he would be able to top the current trees. Dr. Setzer stated that he had met with the City s landscape architect and that he was unable to top the trees since they had already been limbed up. He noted that he had asked to replace the trees with 8-10 tall ones but had been told he would not be able to remove the trees already in place. Mr. Greene asked if the applicant could submit a new landscape plan that would remove and replace the current landscaping. Mr. Reinhardt stated that he would have to discuss this with the City s landscape architect, but that if this was allowed, current landscaping standards would have to be met. Dr. Setzer added that he understood the City preferred existing trees remain due to the amount of time it would take for new trees to grow as replacement. Mr. Crawford asked if the entire 10 variance request was necessary. Dr. Setzer stated that it was, that the sign was 20 wide with half being covered with tree canopy. He noted that the edge of the sign would be lined up with, not over, the property line. Mr. Crawford noted that the Board had required other applicants to remain 1 off the property line and asked if this would be a hardship. Dr. Setzer stated that there were two fences at the property line, one located 1 off, and stated that the edge of the sign could be located along the edge of the interior fence. Mr. Sutton asked if the trees on site were destroyed by termites, would the owner be required to replace with the same. Mr. Reinhardt stated that yes, he would have to replace and maintain current landscaping. Mr. Greene asked if the owner had to replace based on the City s standards or exactly as current. Mr. Reinhardt stated that this would have to be decided by the City s landscape architect. Mr. Reinhardt also noted that the maximum height for the sign was limited to 24, and that the applicant would have to request a variance for a sign taller than that height. There was discussion regarding how the measurement for the height was derived. There were no questions or comments from the audience. Mr. Crawford closed the floor for Board discussion. 2 P age

5 Mr. Greene presented the motion to approve the Variance request as submitted, under the condition that the sign be placed 1 off the property line. Mr. Steltzner seconded. The motion carried unanimously by a vote of 7-0. Mr. Greene presented the findings, noting that the Board agreed with the findings as detailed in the staff report with specific reference to the City s landscaping requirements. 4. Appeal No. Z : Request by Mr. Willie B. McClurkin for a Variance from the size restrictions for an accessory structure. The property is located at 1045 Flint Hill Street and is zoned Single-Family Residential-5 (SF-5). Tax map number: Mr. Reinhardt presented the staff report. Mr. Steltzner asked for the City s definition of an accessory structure and if it would share common walls. Mr. Reinhardt stated that an accessory structure was any structure that was an accessory to the main dwelling unit. Mr. Antrim asked if there was a height restriction for accessory structures. Mr. Reinhardt stated that there was a restriction if the building were to be located within the required setbacks, such as a limit of 12 in height for a 10 setback requirement. Mr. Antrim asked if a two-story accessory structure was allowed. Mr. Reinhardt stated that in this case, because it was proposed to be located far enough from the property line, that it was allowed. Mr. Sutton asked if there were any restrictions for Mr. McClurkin to build on the empty adjacent lot he also owned. Mr. Reinhardt stated that this practice had been allowed in the past with contiguous ownership but had not been allowed more recently without a principal structure located on the same lot. Mr. Steltzner asked if Mr. McClurkin could combine the lots. Mr. Reinhardt stated that he could. Mr. Crawford asked if the size of the accessory structure would still be limited. Mr. Reinhardt stated that it would. Mr. Greene asked how long Mr. McClurkin owned the property and if the zoning ordinance would have been in effect during this time. Mr. Reinhardt stated that he did not know how long Mr. McClurkin had owned the property, but that restrictions of this type had been in effect with the previous zoning ordinance as well as the current one. He added that accessory buildings located on other lots that were nonconforming existed prior to the zoning ordinances in effect. Mr. Willie B. McClurkin, 1045 Flint Hill Street, applicant, stated that the main reason for the location of the building was due to the amount of water that flowed through his property, that if it was constructed next to the residence, water would collect under the house. He stated that the request for the size was to store a classic automobile and his wife s car, as well as the landscaping equipment he used to maintain his properties and those of others he helped out. He added that his sister had been storing a lot of his equipment but that he wanted to keep it stored and secure on his own property. 3 P age

6 Mr. Crawford asked about the exterior improvements mentioned in the staff report. Mr. McClurkin stated that he would build the structure as similar to the house, using hardiboard siding to match. There were no questions or comments from the audience. Mr. Crawford closed the floor for Board discussion. Mr. Sutton presented the motion to approve the Variance request as submitted, and Mr. Steltzner seconded. The motion carried by a vote of 5-1, with Mr. Greene casting the dissenting vote, and Mr. Antrim abstaining. Mr. Sutton presented the findings, noting that the Board agreed with the findings as detailed in the staff report. 5. Adopt meeting dates for 2015 calendar year Mr. Steltzner presented the motion to approve the calendar as submitted, and Mr. Smith seconded. The motion carried by a vote of Other Business The Board discussed the upcoming Christmas dinner and decided to have the dinner the same night as the regular meeting, having it at 6PM with the dinner at Michael s Grille following. Mr. Greene left the meeting at this point. The Board was informed of an upcoming workshop staff is working to get approved for 1.5 continuing education hours, which would be held in January. 7. Adjourn. There being no further business, the meeting adjourned at 7:50PM. 4 P age

7 Staff Report to Zoning Board of Appeals Z Meeting Date: December 16, 2014 Application by Community Medicine Foundation for a Special Exception for a medical clinic use at 1140 Saluda Street. The subject property is zoned Mixed Use Corridor (MUC). Proposed Location SEE ATTACHED REPORT FOR MORE INFORMATION

8 Case No. Z Staff Report to Zoning Board of Appeals Meeting Date: December 16, 2014 Location: Request: 1140 Saluda Street Special Exception for a Medical Clinic use Tax Map Numbers: Zoning District: Applicant: Owner: Mixed Use Corridor (MUC) Ernest G. Brown - Community Medicine Foundation 1131 Saluda St. Rock Hill, SC Roy Hubert Smith JR & Daniel Monroe Smith 2740 Island View Road Fort Mill, SC Background Community Medicine Foundation would like to expand its North Central Family Medical Center, located at 1131 Saluda Street, to a new proposed facility across the street at 1140 and 1132 Saluda Street. Both properties are zoned Mixed Use Corridor (MUC). The Zoning Ordinance allows a medical clinic use in this zoning district only by special exception. Earlier this year, the Zoning Board of Appeals granted a special exception request for 1132 Saluda (parcel # ), for a Medical Clinic under Appeal No. Z The applicant would now like to expand his proposed building by 3,000 square feet and onto the subject property. The property is currently used as an automotive repair facility and has one existing structure on the site. Site Description The property is generally located on the western side of Saluda Street, between Sylvia Circle and Midvale Avenue. The property is surrounded by Mixed Use Corridor and Single Family-5 zoning districts. Nearby uses include various commercial uses, a medical clinic use, undeveloped land, and single-family residential.

9 Staff Report to Zoning Board of Appeals Z Page 2 Relation to Zoning Ordinance Table (B): Table of Allowed Uses Note: The use-specific standards in Section (B) (3) (d) apply only to facilities in the Industry Business (IB) zoning district, so are not applicable to this request. Existing Zoning District Summary MUC, Mixed Use Corridor The MUC district is intended to foster a compatible mix of land uses along significant roadway corridors that pass through residential areas, while also maintaining or strengthening connections to and between the existing residential neighborhoods. The MUC district addresses concerns unique to specific transportation corridors in the City identified in the Comprehensive Plan and special plans, including the Saluda Corridor Master Plan. Analysis of Request for Special Exceptions (D) (4) Special Exception Standards ZBA Public Hearing/ Decision A Special Exception Permit shall be approved only upon a finding the applicant demonstrates that the applicable standards are met. The Board may find that not all of these standards will be applicable in every case. (a) Complies with Use Specific Regulations The proposed special exception complies with all standards in Section 4-300, Use Specific Standards. The use-specific standards in Section (B) (3) (d) apply only to medical clinic uses in the Industry Business zoning district, so are not applicable to this request. (b) Compatibility The proposed special exception is appropriate for its location and compatible with the character of surrounding lands and the uses permitted in the zone district(s) of surrounding lands.

10 Staff Report to Zoning Board of Appeals Z Page 3 The proposed use will be across the street from an existing medical clinic use and adjacent to property where a special exception has already been granted for the use. (c) Design Minimizes Adverse Impact The design of the proposed special exception minimizes adverse effects, including visual impacts of the proposed use on adjacent lands; furthermore, the proposed special exception avoids significant adverse impact on surrounding lands regarding service delivery, parking and loading, odors, noise, glare, and vibration, and does not create a nuisance. The use would operate during normal business hours, primarily serving as an extension for the medical clinic across the street. The applicant has agreed to adhere to all community design requirements per the Zoning Ordinance, which should help the impacts of this business be nonexistent or minimal. (d) Design Minimizes Environmental Impact The proposed special exception minimizes environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. This site is currently developed as an automotive repair facility, so the existence of the proposed use in this location would not have any additional environmental impacts. The applicant has agreed to adhere to all environmental standards per the Zoning Ordinance. (e) Roads There is adequate road capacity available to serve the proposed special exception, and the proposed special exception use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site. This is a developed site on a road that is already developed with mixed uses. Sufficient road capacity exists to serve the proposed use, which is expected to generate minimal traffic due to the principal use being located directly across from it. (f) Not Injure Neighboring Land or Property Values The proposed special exception will not substantially and permanently injure the use of neighboring land for those uses that are permitted in the zone district, or reduce property values. The proposed use will be an extension to the medical clinic across the street. Given this compatibility, and the proposed redevelopment of the land, the use is expected to improve neighboring lands or property values.

11 Staff Report to Zoning Board of Appeals Z Page 4 (g) Site Plan A site plan has been prepared that demonstrates how the proposed special exception use complies with the other standards of this subsection. The revised site plan is attached as a sketch, with the final building and civil plans to be approved by the City per the Zoning Ordinance, and the design requirements for this district. (h) Complies With All Other Relevant Laws and Ordinances The proposed special exception use complies with all other relevant City laws and ordinances, state and federal laws, and regulations. The proposed use would be required to comply with all other relevant laws and ordinances. Additionally, the applicant has agreed to comply with the City s design requirements for buildings in the Mixed Use Corridor district. Public Involvement The following public notification actions have been taken: November 25: Public Hearing notification postcards sent to property owners within 300 feet of the subject property. November 26: Public Hearing notification signs posted on subject property. November 29: Zoning Board of Appeals public hearing advertisement published in The Herald. Public Feedback None received. Attachments Application and supporting documents from applicant Zoning Map For copies of the following attachments, see the digital version of the report on the City s Web site: ( Staff Contact: Josh Reinhardt, Planner II JReinhardt@cityofrockhill.com

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16 CAROLINA AVENUE EXT S F - 5 Z Legend Mixed Use Corridor (MUC) SALUDA ST Single-Family-5 (SF-5) Area of Interest M U C Zoning Data Proposed: Special Exception MIDVALE AV S F - 5 Ê Feet Planning & Development Department City of Rock Hill

17 Staff Report to Zoning Board of Appeals Z Meeting Date: December 16, 2014 Application by St. Anne s Catholic Church for a Special Exception for a columbarium use at 1694 Bird Street. The subject property is zoned Office & Institutional (OI). Proposed Location SEE ATTACHED REPORT FOR MORE INFORMATION

18 Case No. Z Staff Report to Zoning Board of Appeals Meeting Date: December 16, 2014 Location: Request: 1694 Bird St Special Exception for a Columbarium use Tax Map Numbers: Zoning District: Applicant: Owner: Office and Institutional (OI) Rev. Fabio Refosco, C.O., Pastor St. Anne Catholic Church, 1694 Bird St Rock Hill, SC Bishop of Charleston, A Corporation Sole Diocese of Charleston, 1662 Ingram Rd Charleston, SC Background St. Anne Catholic Church, located at 1694 Bird St., is requesting a special exception to construct a Columbarium on their property. The area where the proposed Columbarium will be located is currently a small piece of undeveloped land adjacent to an existing parking lot that serves the school and church. The Zoning Ordinance allows a Columbarium use in the Office and Institutional (OI) zoning district by special exception, provided that a certain use-specific standard is met. The use specific standard specific to this case is that the Columbarium must not exceed two stories when it is located within one hundred (100) feet of vacant land classified as RH, SF-2, SF-3, SF-4, SF-5, or SF-8, or lands on which single-family detached development is located. The proposed columbarium is less than two stories and is located further than 100 feet from any vacant residential land or single-family homes. Site Description The property is generally located on Bird Street, between Anderson Road and Poe Street. The property is surrounded by Office and Institutional, Industry Heavy, General Commercial and Single Family-5 zoning districts. Nearby uses include a school, the church, undeveloped land, and single-family residential.

19 Staff Report to Zoning Board of Appeals Z Page 2 Relation to Zoning Ordinance Table (B): Table of Allowed Uses Article (B) (5): Use Specific Requirements Cemetery, Columbaria, Mausoleum Columbaria, mausoleums, or other buildings for the purposes of interment that are located within one hundred (100) feet of vacant land classified as RH, SF-2, SF-3, SF-4, SF-5, or SF-8, or lands on which single-family detached development is located, shall not exceed two (2) stories in height. Existing Zoning District Summary OI, Office and Institutional The OI district is established to provide a wide variety of professional and business offices and institutions proximate to residential and more intense business districts so as to satisfy the City s demand for services. These regulations are designed to encourage the formation and continuance of a quiet, compatible, and uncongested environment for offices intermingled with residential and institutional uses. This district is different from the other business districts in that Retail Sales and Services uses are generally prohibited. Some limited retail uses may be allowed as a conditional or special exception use, subject to specific standards, and provided the primary purpose is to serve the office workers in the district. Multiple family residential uses, community facilities, and religious institutions are also allowed. The maximum residential density allowed is five (5) dwelling units per acre, and the minimum lot area for development for all non-residential uses is one (1) acre. Live/work dwellings and upper story dwellings over a street-level non-residential use may be included at densities of eight (8) units an acre.

20 Staff Report to Zoning Board of Appeals Z Page 3 Analysis of Request for Special Exceptions (D) (4) Special Exception Standards ZBA Public Hearing/ Decision A Special Exception Permit shall be approved only upon a finding the applicant demonstrates that the applicable standards are met. The Board may find that not all of these standards will be applicable in every case. (a) Complies with Use Specific Regulations The proposed special exception complies with all standards in Section 4-300, Use Specific Standards. The proposed Columbarium meets and exceeds the use-specific standards in Section 4-300(B)(5), as it will be located well in excess of the 100-foot requirement from any single-family detached development or vacant land, and it is less than two stories in height. (b) Compatibility The proposed special exception is appropriate for its location and compatible with the character of surrounding lands and the uses permitted in the zone district(s) of surrounding lands. The proposed use will be located on the same property as the church and would be considered compatible. (c) Design Minimizes Adverse Impact The design of the proposed special exception minimizes adverse effects, including visual impacts of the proposed use on adjacent lands; furthermore, the proposed special exception avoids significant adverse impact on surrounding lands regarding service delivery, parking and loading, odors, noise, glare, and vibration, and does not create a nuisance. The proposed use would minimize any adverse effects, and the actual location of the Columbarium is located approximately 150 feet from Bird Street. The proposed use will not exceed 5 feet in height, thus minimizing visual impact from the street. It will also have landscaping as screening surrounding it to further decrease any potential visual impact. (d) Design Minimizes Environmental Impact The proposed special exception minimizes environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. The area where the proposed use will be located is on the grass perimeter of the existing parking area. While the design proposes approximately 500 square feet of concrete walks, the impact will be minimal on the environment due to the project s small size. The additional landscaping that is proposed will

21 Staff Report to Zoning Board of Appeals Z Page 4 potentially contribute to providing additional wildlife habitat and improved aesthetics. (e) Roads There is adequate road capacity available to serve the proposed special exception, and the proposed special exception use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site. This is a previously developed site on a road that already has sufficient road capacity to serve the existing use. The proposed use will generate a minimal amount of additional traffic, if any. (f) Not Injure Neighboring Land or Property Values The proposed special exception will not substantially and permanently Injure the use of neighboring land for those uses that are permitted in the zone district, or reduce property values. The proposed use will provide a service that is essentially an extension of services that the church currently offers. Given this compatibility, and the low impact of the proposal, the use is expected to not impact the value of neighboring land. (g) Site Plan A site plan has been prepared that demonstrates how the proposed special exception use complies with the other standards of this subsection. The site plan, overall site plan and elevations of the Columbarium are attached as a sketch, with the final building and site plans to be approved by the City. (h) Complies With All Other Relevant Laws and Ordinances The proposed special exception use complies with all other relevant City laws and ordinances, state and federal laws, and regulations. The proposed use would be required to comply with all other relevant laws and ordinances. Public Involvement The following public notification actions have been taken: November 25: Public Hearing notification postcards sent to property owners within 300 feet of the subject property. November 26: Public Hearing notification signs posted on subject property. November 29: Zoning Board of Appeals public hearing advertisement published in The Herald. Public Feedback None received.

22 Staff Report to Zoning Board of Appeals Z Page 5 Attachments Application and supporting documents from applicant Zoning Map For copies of the following attachments, see the digital version of the report on the City s Web site: ( Staff Contact: Josh Reinhardt, Planner II JReinhardt@cityofrockhill.com

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30 UNIVERSITY DR S F - 3 PHELPS ST COLONY RD GARRISON RD N RAINEY ST Z Legend Outside City General Commercial (GC) Industry General (IG) M P - C U BIRD ST G C ANDERSON RD N Industry Heavy (IH) Master Planned-College/ University (MP-CU) Planned Unit Development (PUD) Single-Family-3 (SF-3) O I Single-Family-5 (SF-5) Area of Interest I H IV Y ST CULP ST POE ST S F - 5 CURTIS ST CHURCH ST NORTHPARK DR DAVE LYLE WB ON RAMP DAVE LYLE EB OFF RAMP DAVE LYLE BLVD P U D ANDERSON RD S I G M P - C U Zoning Data Proposed: Special Exception Ê Feet Planning & Development Department City of Rock Hill

31 Staff Report to Zoning Board of Appeals Z Meeting Date: December 16, 2014 Application by Ebenezer Veterinary Hospital, LLC for a Special Exception in order to board more than 20 animals on-site at one time. Additionally, allow for a fenced outdoor animal area to be closer to the property line than the required 80 feet in the Limited Commercial (LC) zoning district. The subject property is located at 2445 Ebenezer Road. Proposed Location SEE ATTACHED REPORT FOR MORE INFORMATION

32 Case No. Z Staff Report to Zoning Board of Appeals Meeting Date: December 16, 2014 Location: 2445/2429 Ebenezer Rd. Request: Special Exception for use to serve more than 20 small animals and to locate outdoor exercise area within 80 feet of property lines. Tax Map Number: & Zoning District: Applicant: Limited Commercial (LC) Virginia and Elias Properties, LLC 2445 Ebenezer Rd Rock Hill, SC Background Ebenezer Veterinary Hospital would like to expand its existing veterinary clinic to increase its overnight boarding capacity and include a fenced outdoor animal area at 2445/2429 Ebenezer Road, which is zoned Limited Commercial (LC). These are allowed uses in the LC zoning district. These uses, although allowed in the LC zoning district, have certain use-specific standards that must be met. (See Relation to Zoning Ordinance section below for a list of these standards). Two in particular are relevant to this case: The Ordinance restricts the number of small animals (such as dogs and cats) that the clinic can have on site to 20 at any given time. However, it also allows an applicant to seek a special exception to increase that permitted number. (The Ordinance would not allow any large animals, such as horses, to be kept on this particular site due to it not being in a Rural Holding (RH) zoning district.) Similarly, the Ordinance requires all outdoor runs or buildings used for housing animals to be located at least 80 feet from the property line. However, it also allows an applicant who is requesting to have more than 20 animals on site to reduce the distance required form the property line for open runs or buildings used for housing of animals in two circumstances: a) when an intervening major road or highway exists between the kennels and the next adjacent use and b) when the adjacent land use is not noise-sensitive, such as the case would be if the adjacent land use were a heavy industrial or automotive service use. Ebenezer Veterinary Hospital would like to be able to accommodate approximately 150 small animals (i.e. cats and dogs) within the new expansion. Therefore, the request for the special exception is to be able to have more than 20 animals within the new overnight boarding facility. Additionally, as part of this special exception

33 Staff Report to Zoning Board of Appeals Z Page 2 request, they are also requesting permission to locate the fenced outdoor animal area approximately within 15 feet of the property line. Site Description The property is generally located on Ebenezer Rd, between Celanese Rd and Trexler Lane. The property is surrounded by Planned Unit Development, Multi-Family and Industry General zoning districts. The land directly across Ebenezer Rd from the facility is within York County jurisdiction. Nearby uses include the Rock Hill/York County Airport, various commercial and industrial uses, such as storage facilities, a post office, retail and professional offices as well as undeveloped land that is zoned Planned Unit Development, apartments and detached single family residential. Relation to Zoning Ordinance Table (B) : Table of Allowed Uses Article (C) (1) (c): Use Specific Requirements (c) Overnight Boarding Facility/Veterinary Clinic With Boarding/Pet Store/Animal Shelter/Kennel These uses shall: 1. Buildings Insulate and soundproof the structure in order to minimize all loud noises that might disturb persons on adjacent properties; and 2. No Unreasonable Noise or Odor Be sufficiently insulated so no unreasonable noise or odor can be detected off-premises; and 3. Hours of Operation

34 Staff Report to Zoning Board of Appeals Z Page 3 House all animals indoors before 7 AM and after 7 PM. 4. Accessory Uses Except in the case of pet stores, allow retail sales and grooming services as accessory uses, as long as these do not include more than twenty-five percent (25%) of the total gross floor area of the principal use. 5. Small Animals Not more than twenty (20) small animals (such as cats and dogs but not including fish, small reptiles, and rodents kept as domesticated pets) at any given time, unless a special exception permit is obtained to increase the number of animals. As part of the analysis of the Special Exception criteria from Section 2-300(D)(4), the Board shall specifically consider the following: a. Compatibility with residential and other uses that would be especially sensitive to noise and odors, such as offices or establishments that sell food. b. Whether the business practices demonstrate an ability to minimize noise and odor nuisances, especially when the proposed location is near residential and other uses that would be especially sensitive to noise and odors, such as offices or establishments that sell food. c. Whether the business practices demonstrate how the applicant will handle animal waste without significant adverse impact on the environment. Not locate open runs or buildings used for housing of animals within eighty (80) feet of any adjoining private property lot line. However, this distance may be reduced based on (a) an intervening major road or highway, or (b) where the adjacent land use is not noise-sensitive, such as a heavy industrial use or an automotive services use. For uses that have twenty (20) animals or fewer, this reduction may be sought by way of a Variance application; for uses with more than twenty (20) animals, this reduction may be sought as part of the Special Exception process to have a higher number of animals. 6. Large Animals Not keep large animals (such as but not limited to horses, cows, hogs, goats, sheep, or mules) in a stable or other enclosed building, or in a pasture, pen, or other fenced area except as allowed by Special Exception in the Rural Holding (RH) zoning district. Existing Zoning District Summary LC, Limited Commercial The LC district is established as a mid-level intensity commercial district that allows a wider range of non-residential uses at increasing intensities than the NC district. The uses allowed in this district include a wide range of general retail, business, and service uses, as well as professional and business offices along with integrated residential uses as allowed in the NC district. Uses in this district are intended to serve groups of neighborhoods instead of individual neighborhoods. Analysis of Request for Special Exceptions Please note the following about the questions below: Questions 1-9 are asked of all special exception use requests. (Section Use Specific Standards.) All applicable standards must be met in order for you to grant the particular special exception request.

35 Staff Report to Zoning Board of Appeals Z Page 4 Questions are asked of all requests to have more than 20 animals on site. Question 13 is asked of all requests to have outdoor or runs or buildings used for housing animals. 1. The proposed special exception is appropriate for its location and compatible with surrounding land and uses as follows: The location currently exists as a veterinary hospital, built in 1998, with a boarding facility that accommodates approximately 80 dogs and 20 cats. It is surrounded by the Rock Hill/York County Airport, existing commercial and industrial uses, such as storage, post office and professional offices, as well as undeveloped land that is zoned Planned Unit Development, multi-family residential and single family residential. The closest single-family residence is approximately 200 feet from the proposed fenced outdoor animal area, with a railroad in between it and Ebenezer Veterinary Hospital. 2. The proposed special exception will be designed/developed to minimize adverse impact on surrounding properties by: The new boarding facility addition will board all of the pets indoors, unlike the current accommodations. This alone will help reduce any sound impact, as the animals will be indoors. The proposed outdoor animal area will be located to the rear of the site between the new boarding facility addition and the property line that is adjacent to the railroad track. The outdoor area will be fenced to help minimize the visual impact. 3. What is the impact on environmental factors? The noise and odor concerns will be addressed throughout the building process. All indoor runs will be insulated for noise, as will the walls of the addition. The current noise from outdoor runs will be eliminated as all boarding will be strictly limited to indoor boarding. The only time pets will be outside will be play time within the outdoor fenced area. No pets will be boarding outdoors. Also, facility upgrades will improve efficiency of waste disposal and water consumption. 4. What is the impact on roads, traffic and pedestrian safety? Any impact on roads, traffic and safety will be minimal as the existing facility already boards animals on site and while the intent is to increase the number of animals to be boarded, it is not expected to generate any additional traffic.

36 Staff Report to Zoning Board of Appeals Z Page 5 5. What is the impact on neighboring land and property values? This is an existing commercial use in a generally commercial area, so the impact should be minimal. Any existing noise from animals being boarded outside will be greatly reduced by relocating the animals to an indoor facility. 6. Proposed special exception complies with all other relevant City, State and Federal laws and regulation as follows: All relevant city, state and federal laws will be followed. 7. The following documents are submitted in support of this application [a site plan must be submitted: A site plan has been submitted as well as other supporting documentation provided by the applicant. 8. List any other uses located on the property: None. 9. Total number of parking spaces on property: 39. Special questions for requests to have more than 20 animals at a location: 10. The proposed special exception is compatible with residential and other uses that would be especially sensitive to noise and odors, such as offices or establishments that sell food: The closest residential use is approximately 200 feet away from the location of the proposed outdoor play area. 11. The proposed special exception will utilize business practices to minimize noise and odor nuisances, especially when the proposed location is near residential and other uses that would be especially sensitive to noise and odors, such as offices or establishments that sell food: As stated above, the noise and odor concerns will be mitigated by insulating all indoor runs and walls of the addition for noise. The current noise from outdoor runs will be eliminated as all boarding will be strictly limited to indoor boarding. The only time pets will be outside will be play time within the outdoor fenced area. No pets will be boarding outdoors.

37 Staff Report to Zoning Board of Appeals Z Page The proposed special exception will utilize business practices to demonstrate how the applicant will handle animal waste without significant adverse impact on the environment: The existing business currently operates with little impact on the environment and will continue in this manner with the addition, as animal waste will be handled in the same manner that it is currently. The move from outdoor to indoor boarding will eliminate the presence of the majority of outdoor animal waste in outdoor drain lines. Special question for requests to have outdoor or runs or buildings used for housing animals closer to the property line than 80 feet. 13. Not locate open runs or buildings used for housing of animals within eighty (80) feet of any adjoining private property lot line. This distance may be reduced based on an intervening major road or highway, or if adjacent land use is not noise-sensitive (such as a heavy industrial use or an automotive services use): The fenced outdoor animal area that is proposed to be located closer than 80 feet from the property line will be located on a part of the property that is to the rear of the site with an existing railroad track acting as a buffer between it and adjacent uses. Public Involvement The following public notification actions have been taken: November 25: Public Hearing notification postcards sent to property owners within 300 feet of the subject property. November 26: Public Hearing notification signs posted on subject property. November 29: Zoning Board of Appeals public hearing advertisement published in The Herald. Public Feedback Staff received one phone call from Bonnie Anderson, a nearby resident who owns a house across the street from the Ebenezer Veterinary Hospital located at 2416 Ebenezer Rd. She expressed concern regarding the amount of noise that the current facility already produces and that increasing the capacity will cause even more noise and potentially more traffic along Ebenezer Road. Attachments Application Addendum to Application from Applicant Site Plan Zoning Map

38 Staff Report to Zoning Board of Appeals Z Page 7 For copies of the following attachments, see the digital version of the report on the City s Web site: ( Staff Contact: Paul Koska, Planner I Paul.Koska@cityofrockhill.com (803)

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42 Addendum to Special Exception Application To address Section 4-300(C)(1)(c)(5)(a-c): a. When the facility was built in 1998 very little residential areas existed in the surrounding area. Currently, the facility is surrounded by an apartment complex, residential neighborhood, train tracks, commercial development, and airport. The facility has never had a noise violation and continues to operate without issue. The airport noise far outweighs any noise associated with the current boarding facility though it is imperative to note that any noise and odor associated with the current outdoor boarding facility will be minimized by the renovation to indoor boarding only. b. We will address the noise and odor concerns throughout the building process. All indoor runs will be insulated for noise, as will the walls of the addition. The current noise from outdoor runs will be eliminated as we will strictly have indoor boarding. Odor will also be minimized significantly with the switch to indoor only boarding. The only time pets will be outside will be playtime in outdoor fences. No pets will be boarding outdoors. c. The business currently operates with little impact on the environment. The renovation and addition will handle animal waste in approximately the same manner. Indoor boarding should allow for the presence of less animal waste in outdoor drain lines.

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44 ADRIAN ST I G Outside City Z Legend P U D ALPHA ST Industry General (IG) Limited Commercial (LC) Multi-Family-15 (MF-15) Planned Unit Development (PUD) TREXLER LN Area of Interest L C Zoning Data Proposed: Special Exception EBENEZER RD M F Ê CUMBRIA WAY KESW ICK LN RIDGEROCK LN Feet Planning & Development Department City of Rock Hill

45 Staff Report to Zoning Board of Appeals Z Meeting Date: December 16, 2014 Application by Scott R. Kelly for a Special Exception for a used car lot use in the Mixed Use Corridor (MUC) zoning district. The subject property is located at 725 Saluda Street. Proposed Location SEE ATTACHED REPORT FOR MORE INFORMATION

46 Case No. Z Staff Report to Zoning Board of Appeals Meeting Date: December 16, 2014 Location: Request: 725, 729 & 735 Saluda Street Special Exception for an automobile rental and sales use Tax Map Numbers: , -006 & -007 Zoning District: Applicant: Owner: Mixed Use Corridor (MUC) Scott R. Kelly 6345 Wyndham Hill Drive Charlotte, NC The Spinx Company, Inc E. Washington St. Greenville, SC Background The applicant, Scott R. Kelly, would like to convert a vacant building into a used car dealership located at 725, 729 & 735 Saluda Street. The property is zoned Mixed Use Corridor (MUC) and is also within the limits of the Old Town Overlay. The property is the site of a former gas station that consists of a building and a pump canopy on the site. The Zoning Ordinance allows an automobile rental and sales use in the MUC zoning district by special exception, provided that certain usespecific standards are met. For more about the use-specific standards, see the Relation to Zoning Ordinance section of this report below. Site Description The property is generally located on the eastern side of Saluda Street, between State Street and Heyward Street. The property is surrounded by the Mixed Use Corridor and Single Family-5 zoning districts. Nearby uses include various commercial uses, a church, a city park, undeveloped lands, and single-family residential.

47 Staff Report to Zoning Board of Appeals Z Page 2 Relation to Zoning Ordinance Table (B): Table of Allowed Uses 4-300(C)(8)(c) Automobile Rental and Sales; Recreational Vehicle/Travel Trailer Rental and Sales; Truck or Tractor Rental or Sales Automobile rental and sales, recreational vehicle/travel trailer rental and sales, and truck or tractor rental or sales uses shall: 1. Vehicle Display Pad a. Not have more than one (1) vehicle display pad for every one hundred (100) feet of street frontage. The vehicle display pad may be elevated up to two (2) feet above adjacent displays or grade level; b. Have no racks that tilt vehicles in any way to show the underside, unless located inside a showroom; 2. Public Address Systems Have no outdoor speaker or public address system that is audible off-site; 3. Other Materials for Sale Display no other materials for sale between the principal structure and the street; and 4. Test Drives Not test drive vehicles on residential streets. 5. Automobile Rental and Sales in IB District Be restricted to automobile rental, or the sale of specialty vehicles in the IB district, except where located on an arterial or collector road. Such vehicles include collector vehicles, racing vehicles, vehicles modified for the disabled, or other vehicles that have a similar limited market. All vehicles must be stored inside the building or in lots to the rear of the building.

48 Staff Report to Zoning Board of Appeals Z Page 3 Existing Zoning District Summary MUC, Mixed Use Corridor The MUC district is intended to foster a compatible mix of land uses along significant roadway corridors that pass through residential areas, while also maintaining or strengthening connections to and between the existing residential neighborhoods. The MUC district addresses concerns unique to specific transportation corridors in the City identified in the Comprehensive Plan and special plans, including the Saluda Corridor Master Plan. Analysis of Request for Special Exceptions (D) (4) Special Exception Standards ZBA Public Hearing/ Decision A Special Exception Permit shall be approved only upon a finding the applicant demonstrates that the applicable standards are met. The Board may find that not all of these standards will be applicable in every case. (a) Complies with Use Specific Regulations The proposed special exception complies with all standards in Section 4-300, Use Specific Standards. The applicant has agreed to conform to all applicable use-specific standards in 4-300(C)(8)(c). (b) Compatibility The proposed special exception is appropriate for its location and compatible with the character of surrounding lands and the uses permitted in the zone district(s) of surrounding lands. The proposed use will be a commercial use that is located in an area that is surrounded by other commercial uses. The previous use for the site was a gas station and the proposal by the applicant will have less of an impact. The applicant feels that the reuse of the currently vacant site and building will be an improvement over its existing condition. (c) Design Minimizes Adverse Impact The design of the proposed special exception minimizes adverse effects, including visual impacts of the proposed use on adjacent lands; furthermore, the proposed special exception avoids significant adverse impact on surrounding lands regarding service delivery, parking and loading, odors, noise, glare, and vibration, and does not create a nuisance. The use would operate during normal business hours and any washing or servicing of vehicles will be handled at a different, off-site location where that is permitted. The applicant has agreed to adhere to the use-specific requirements in the Zoning Ordinance, which should help the impacts of this business be minimal. While not required, some additional landscaping to the site and along

49 Staff Report to Zoning Board of Appeals Z Page 4 the Saluda Street frontage may help improve the character and overall aesthetic of the site and surrounding area. (d) Design Minimizes Environmental Impact The proposed special exception minimizes environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. This site was previously developed as a gas station, so the existence of the proposed use in this location would not have any additional environmental impacts. (e) Roads There is adequate road capacity available to serve the proposed special exception, and the proposed special exception use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site. This is a previously developed site on a road that is already developed with mixed and commercial uses. Sufficient road capacity exists to serve the proposed use, which is expected to generate minimal traffic compared to the previous use on the site. (f) Not Injure Neighboring Land or Property Values The proposed special exception will not substantially and permanently injure the use of neighboring land for those uses that are permitted in the zone district, or reduce property values. The proposed use will be the adaptive reuse of a vacant gas station building and lot. This could potentially benefit neighboring property values by its reuse. The applicant will also partner with the neighboring church to provide overflow parking for their Sunday services, which would be an added benefit to the neighboring land. (g) Site Plan A site plan has been prepared that demonstrates how the proposed special exception use complies with the other standards of this subsection. The site plan is attached as a sketch, with any final up-fit, building, or site plans to be approved by city staff. All applicable design requirements for this district will be met. (h) Complies With All Other Relevant Laws and Ordinances The proposed special exception use complies with all other relevant City laws and ordinances, state and federal laws, and regulations. The proposed use would be required to comply with all other relevant laws and ordinances.

50 Staff Report to Zoning Board of Appeals Z Page 5 Public Involvement The following public notification actions have been taken: November 25: Public Hearing notification postcards sent to property owners within 300 feet of the subject property. November 26: Public Hearing notification signs posted on subject property. November 29: Zoning Board of Appeals public hearing advertisement published in The Herald. Public Feedback None received. Attachments Application and supporting documents from applicant Site Plan Zoning Map For copies of the following attachments, see the digital version of the report on the City s Web site: ( Staff Contact: Josh Reinhardt, Planner II JReinhardt@cityofrockhill.com

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55 STATE ST S F - 4 JEFFERSON AV Z S F - 5 S F - 5 Legend Mixed Use Corridor (MUC) Neighborhood Office (NO) Single-Family-4 (SF-4) Single-Family-5 (SF-5) SALUDA ST M U C CONFEDERATE AV S Area of Interest Zoning Data Proposed: Special Exception HEYWARD ST N O Ê Feet Planning & Development Department City of Rock Hill