Planning Commission

TOWN OF FORT MILL PLANNING COMMISSION MEETING July 31, 2018 112 Confederate Street 6:30 PM AGENDA CALL TO ORDER APPROVAL OF MINUTES 1. Regular Meeting: June 19, 2018 [Pages 3–4] OLD BUSINESS ITEMS 1. Commercial Appearance Review – Steele Street Station [Pages 5–15] Request from Kuester Commercial to grant commercial appearance review approval for a proposed multi-tenant commercial building located at the corner of Tom Hall Street and Steele Street NEW BUSINESS ITEMS 1. Annexation Request: Catoe Property [Pages 16-28] Request from the Town of Fort Mill to review and approve a final plat to subdivide a portion of York County Tax Map Number 020-07-02-115 2. Annexation Request: Scibuola Property [Pages 29-42] Request from the Town of Fort Mill to review and approve a final plat to subdivide a portion of York County Tax Map Number 020-07-02-115 3. Final Plat: Tom Hall Street (Recreation Complex) [Pages 43–46] Request from the Town of Fort Mill to review and approve a final plat to subdivide a portion of York County Tax Map Number 020-07-02-115 1 INFORMATION / DISCUSSION 1. Unified Development Ordinance (UDO) and New Zoning Map a. Discussion of Proposed Amendments to the Draft UDO b. Discussion of Proposed Amendments to the New Zoning Map ADJOURN The following press was notified of the meeting by email or fax in accordance of the Freedom of Information Act: The Herald; CN2; WRHI; Fort Mill Times and WBTV. The agenda was also posted at the entrance to Town Hall the required length of time and on the Town website. The Town of Fort Mill is committed to assuring accessibility with reasonable accommodation, of Town services and facilities for all individuals, in compliance with federal law. Please contact the Town Manager’s Office at 803-547- 2116 if you need assistance. 2  MINUTES TOWN OF FORT MILL PLANNING COMMISSION MEETING June 19, 2018 112 Confederate Street 6:30 PM Present: James Traynor, Zhengzheng Wiley (prior to NB #1), Hynek Lettang, Ben Hudgins, Chris Wolfe, Tom Petty, Matt Lucarelli, Planning Director Chris Pettit, Assistant Planner Nick Cauthen Absent: None Guests: None Chairman Traynor called the meeting to order at 6:30 pm. Mr. Wolfe made a motion to approve the minutes from the May 15, 2018 meeting as submitted. Mr. Petty seconded the motion. The minutes were approved by a vote of 6-0. NEW BUSINESS ITEMS 1. Commercial Appearance Review – Steele Street Station: Assistant Planner Cauthen provided a brief overview of the request, the purpose of which was to grant commercial appearance review approval for a multi-tenant commercial building located at the corner of Tom Hall Street and Steele Street. Discussions occurred related to the following items: • Sight lines and barricades at the street intersection; • Project buffers and the screening of dumpster enclosures; • Driveway design and parking counts; • The need for a recombination plat; and, • A need for material samples and annotated elevation drawings. As the applicant was not present to speak to the above items, Mr. Hudgins made a motion to defer consideration of the request to the Planning Commission’s next meeting. Mr. Wolfe seconded the motion. The motion was approved by a vote of 7-0. ITEMS FOR INFORMATION / DISCUSSION 1. Planning Commission – July Meeting Date: Planning Director Pettit inquired about the possibility of rescheduling the July Planning Commission meeting to allow staff more time to complete a staff report for the UDO and Zoning Map. Discussions occurred related to possible dates, with staff noting that they would follow up with the Planning Commissioners on the date. 3  2. UDO Update: Planning Director Pettit noted that the Town Council formally referred the UDO back to the Planning Commission for a new review and recommendation following the changes from the prior Town Council workshops, with staff intending to have the UDO on the Planning Commission’s July agenda. 3. Comprehensive Plan Update: Planning Director Pettit provided a brief status update noting that the plan would be brought forward to the Planning Commission following the review of the UDO. There being no further business, the meeting was adjourned at 7:10. Respectfully submitted, Chris Pettit, AICP Planning Director July 26, 2018 4  Meeting Information Meeting Type Planning Commission Meeting Date July 31, 2018 Request Summary X Action (Old Bus.) Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning Text Amendment Case Type Subdivision Plat X Appearance Review Other Property Information Applicant Kuester Commercial & Development Property Owner Hinson Realty LLC. / Michael Chase / Katherine and Michael Properties LLC. Property Location Corner of Tom Hall Street and Steele Street Tax Map Numbers 020-04-25-008, 010, 011, 012, 020 Acreage 1.454 +/- acres Current Zoning HC Highway Commercial, THCD Tom Hall Street Corridor Existing Use Vacant Title Request from Kuester Commercial & Development to grant commercial appearance review approval for a proposed mixed use commercial project located at the corner of Tom Hall Street and Steele Street. Background Information Site Characteristics The property is located at the northwestern corner of the Tom Hall Street and Steele Street intersection. It consists of 1.454 +/- acres of currently vacant land. The property contains approximately 300 linear feet of road frontage on Tom Hall Street and 70 feet of road frontage on Steele Street. The existing 1 story building will remain on the site. 5 Neighboring Uses Direction Zoning Existing Use North R-10, HC Cemetary, Single Family Residential South HC, Office THCD East HC, Vacant THCD West HC, Learning Center THCD Zoning Summary The site is currently zoned HC Highway Commercial, THCD Tom Hall Street Corridor District. Maximum Building Height: 60’ Minimum lot area: No minimum Minimum front yard setback: 10’ Minimum side yard setback: 0’ Minimum rear yard setback: 0’ Building materials: Buildings shall be designed to use, to the greatest extent feasible, building materials such as rock, stone, brick and wood or any other material so deemed appropriate through the appearance review per article V of the zoning code so as to maintain the specialized commercial and historic character of the corridor. Applicant Proposal The applicant has proposed a 1 story, approximate 10,110 square ft. building to contain a mix of office, retail, and restaurant uses. The applicant has provided a site plan showing the proposed layout of the project. The building is located on the portion of the property closest to the intersection. The proposed building elevations have been provided (attached). Staff A meeting with the applicant and staff was held on May 14th for discussion Recommendation of the project. The applicant was made aware that this property is located within the Tom Hall Street Corridor District so a 10 ft. front setback could be utilized. The Planning Commission first reviewed the building design and site plan on June 19th. A that time, the Commission discussed concerns regarding the lack of detailed elevations, patio use, site triangles, buffers, along with a few other concerns. The attendance by a representative of the project was also requested by the Commission. This information was communicated to the applicant by staff following that meeting and a new submittal was received on July 13th which is included in the packet. 6  The site plan is pending review and approval by the town’s Fire Marshal and Building Official. Should the Planning Commission wish to grant commercial appearance review approval, staff would request including language in the approval motion to allow for minor modifications to be made to the site plan to accommodate comments or concerns made by the Fire Marshal and/or Building Official. The site plan and landscape plan meet or exceed all zoning requirements. The proposed building elevations meet the requirements of the zoning ordinance and feature high quality building materials, with variations in vertical and horizontal depth. It should be noted that the existing building on the property is not under review by the Planning Commission as no change in square footage is being proposed. Staff recommends in favor of approval, with a condition allowing staff to approve minor adjustments to the site plan, landscape plan, signage plan, and lighting plan to satisfy the comments and requirements of the town’s Fire Marshal, SCDOT, and/or the town’s Utilities and Planning Departments. Alternatives 1. Grant commercial appearance review approval with conditions. 2. Grant commercial appearance review approval. 3. Deny commercial appearance review approval. Staff Recommendation Staff recommends in favor of APPROVAL for the request, conditioned upon allowing staff to administratively approve minor adjustments to the Recommendation site plan, landscape plan, signage plan, and lighting plan to satisfy the comments and requirements of the town’s Fire Marshal, SCDOT, and/or the town’s Utilities and Planning Departments. Name & Title Nick Cauthen, Assistant Planner Department Planning Department Date of Request July 31, 2018 Legislative History Planning Commission 6/19/18: Voted 7-0 to defer Commercial Appearance Review Planning Commission 7/31/18: Scheduled Attachments 7 • Aerial Map • Zoning Map • Proposed Plans and Building Elevations • Photo from Tom Hall St./Steele St. Intersection 8  SITE LEGEND DIMENSION NOTE SCDOT PERMIT NOTE DEVELOPMENT DATA: T RE . R R/W E O (30 UTE VAR ST MP 160 IES LE H P FI OS LE # EE TE 46 D) .96 8 ST S.C PROP. BUILDING EX. BUILDING APPROX. 10,110 S.F. APPROX. 2,880 S.F. (1-STORY) (1-STORY) FFE= 497.00 FFE=499.73 TOM HAMLL STREET R/W VARIES S.C. ROUTE 160 FILE #4 6.968 (35 MPH POSTED) RECOMMENDED PAVING SPECIFICATIONS: PAVEMENT STRIPING SPECIFICATION: SIGN SCHEDULE ” ” PARKING REQUIREMENTS: THE GROUP 9 SIGHT DISTANCE PLAN THE GROUP 10 Mi xedUs eDevel opment Tom Hal lRdandSt eelRd-For tMi ll ,Sout hCar oli na 11 EXTERI ORRENDERI NG Mi xedUs eDevel opment Tom Hal lRdandSt eelRd-For tMi ll ,Sout hCar oli na 12 EXTERI ORRENDERI NG  TOTALLEASABLE AREA:10, 110SF Mi xedUs eDevel opment Tom Hal lRdandSt eelRd-For tMi ll ,Sout hCar oli na 13 LEASI NGPLAN Aerial Map Zoning Map 14 Photo from Tom Hall Street 15  Meeting Information Meeting Type Planning Commission Meeting Date July 31st, 2018 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary X Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review Other Property Information Applicant Maxine E. Catoe and Carl Catoe Property Owner Same as above Property Location OHenry Lane Tax Map Numbers 659-00-00-024 Acreage 8.40 +/- acres Current Zoning RC-II (York County) Requested Zoning R-15 Existing Use Vacant Title An ordinance annexing York County Tax Map Number 659-00-00-024, containing approximately 8.40 +/- acres and located at the terminus of OHenry Lane. Background Information Site The Catoe property is wooded and vacant. It is located at the terminus of Characteristics OHenry Lane (York County) and on the west side of I-77. A tributary of Jones Branch forms the northeast boundary of the Catoe property and separates it from the Well Ridge Subdivision (Town of Fort Mill). 16 Neighboring Direction Zoning Existing Use Uses North LI/R-12 Business (LI) and Single Family Residential (R-12) South RC-II/PD Single Family Residential (RC-II) and Business (PD) East R-12 Single-Family Residential (R-12) and I-77 West RC-II Single-Family Residential Zoning Summary The property is currently zoned RC-II per York County GIS. The county’s RC-II district allows up to three dwelling units per acre. The district also allows farming, religious uses, manufactured homes, accessory dwelling units. The RC- II District also requires a minimum open space of 20%. The property subject to this annexation request is currently vacant. The applicant has requested a zoning designation of R-15. It is the intent of the R-15 District to facilitate low-to-medium density residential purposes. The regulations which apply to the R-15 District are designed to encourage the formation and continuance of a stable, healthy environment for one-family dwellings on lots having an area of 15,000 square feet or more. It is also the intent of the R-15 District to discourage any encroachment by commercial, industrial, or other uses capable of adversely affecting the residential character of the district. As noted above, the minimum lot size for all new development within the R-15 District is 15,000 square feet, with setbacks of 35’ in the front and rear, and 10’ on both sides. Other allowed uses within the R-15 District include religious institutions and daycare facilities. Applicant The intended use of this property is a religious institution. Proposal Comprehensive The property is located within an area that has been designated as “Medium- Plan Density Residential” on the Town of Fort Mill’s Future Land Use Map, last updated in May 2016. 17 Traffic Impact The proposed, future use of the property is a religious institution. Any development of the property would require a review of the proposed traffic impact as well as a review of the proposed access locations. The review of any proposed development would be coordinated with SCDOT and York County and may require the completion of a full traffic impact analysis (TIA) to determine if off-site transportation improvements would be required to mitigate the development’s impact to the transportation network. Any off-site transportation improvements deemed necessary by the Town and SCDOT would be the responsibility of the developer. Fire Impact The property is located approximately 2.8 miles (8 minutes) ordinary driving distance from the town’s main fire station on Tom Hall Street. The Riverview Volunteer Fire Department is located at 1899 Harris Road, which is 0.8 mile (4 minutes) ordinary driving distance from the property. Utility Impact The property is in the town’s sewer service area and within the Riverview Water District’s service area. As with all other projects, any upgrades necessary to serve the project would be borne by the applicant. The applicant would also be responsible for securing any necessary easements to connect to the town’s existing utility system. School Impact While the requested zoning designation is R-15, the proposed use is a religious institution. Based on the size of the property, the gross density allowance would be three dwelling-units per acre, or 25 units. However, it should be noted that the installation of streets, along with environmental considerations 18  such as the existence of floodplain, it is unlikely that this number of units would be achieved. Discussion The property is contiguous to the town limits and is, therefore, eligible for annexation. Based upon the information above and the recommendations of the Comprehensive Plan, staff would recommend in favor of approval of the annexation request with a zoning designation of R-15. Nothing in this report shall be deemed a guarantee that water and/or sewer service/capacity will be available at the time of development. As noted, any future development may also be subject to a TIA prior to the approval of an encroachment permit. Any improvements deemed necessary as a result of the TIA would be the responsibility of the owner/developer. 19  Alternatives 1. Recommend approval of the annexation ordinance with a zoning designation of R-15. 2. Recommend approval of the annexation ordinance with an alternate zoning designation. 3. Recommend denial of the annexation request. Staff Recommendation Recommendation Staff recommends in favor of APPROVAL of the annexation request. Name & Title Chris Pettit, Planning Director Department Planning Department Date of Request July 31st, 2018 Legislative History Planning Commission 07/31/2018: Scheduled First Reading Pending Public Hearing Pending Second Reading Pending 20  Attachments • Annexation Application • Aerial Map • Zoning Map • Draft Ordinance 21 Annexation Application 22 Aerial Map 23 Zoning Map 24  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2018-___ AN ORDINANCE ANNEXING YORK COUNTY TAX MAP NUMBER 659-00-00-024, CONTAINING APPROXIMATELY 8.40 +/- ACRES LOCATED AT THE TERMINUS OF OHENRY LANE WHEREAS, a proper petition was submitted to the Fort Mill Town Council on, 2018, by Carl Catoe and Maxine E. Catoe, (the “Property Owners”), requesting that York County Tax Map Number 659-00-00-024, such parcel being owned fully by the Property Owners, be annexed to and included within the corporate limits of the Town of Fort Mill under the provisions of S.C. Code Section 5-3- 150(3); and WHEREAS, the Planning Commission of the Town of Fort Mill, in a duly called meeting on July 31, 2018, made its recommendation in favor of annexation, and that upon annexation, the aforesaid area shall be zoned under the Town’s Zoning Code, as follows: R-15 Residential; and WHEREAS, a public hearing was advertised and held at 6:00 pm on TBD during a duly called regular meeting of the Town Council of the Town of Fort Mill; and WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South Carolina, as amended, provides that any area or property which is contiguous to a municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete; and WHEREAS, using the definition of “contiguous” as outlined in S.C. Code Section 5-3-305, the Town Council has determined that the above referenced property is contiguous to property that was previously annexed into the corporate limits of the Town of Fort Mill; and WHEREAS, the Town Council has determined that annexation would be in the best interest of both the property owners and the Town of Fort Mill; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Fort Mill in Council assembled: SECTION I. Annexation. It is hereby declared by the Town Council of the Town of Fort Mill, in Council assembled, that the incorporated limits of the Town of Fort Mill shall be extended so as to include, annex and make a part of said Town, the described area of territory above referred to, being more or less 8.40 acres, the same being fully described in Exhibit “A” attached hereto, and contiguous to land already within the Town of Fort Mill. Pursuant to S.C. Code Section 5-3-110, this annexation shall include the whole or any part of any street, roadway, or highway abutting the above referenced property, not exceeding the width thereof, provided such street, roadway or highway has been accepted for and is under permanent public maintenance by the Town of Fort Mill, York County, or the South Carolina Department of Transportation. 25  SECTION II. Zoning Classification of Annexed Property. The above-described property, upon annexation into the corporate limits of the Town of Fort Mill, shall be zoned, as follows: R-15 Residential. SECTION III. Voting District. For the purpose of municipal elections, the above-described property, upon annexation into the incorporated limits of the Town of Fort Mill, shall be assigned to and made a part of Ward One (1). SECTION IV. Notification. Notice of the annexation of the above-described area and the inclusion thereof within the incorporated limits of the Town of Fort Mill shall forthwith be filed with the Secretary of State of South Carolina (SCSOS), the South Carolina Department of Public Safety (SCDPS), and the South Carolina Department of Transportation (SCDOT), pursuant to S.C. Code § 5-3- 90(E). SECTION V. Severability. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. SECTION VI. Effective Date. This ordinance shall be effective from and after the date of adoption. SIGNED AND SEALED this _____ day of ___________________, 2018, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2018. First Reading: , 2018 TOWN OF FORT MILL Public Hearing: , 2018 Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia Burgess, Town Clerk 26  EXHIBIT A Property Description All those certain pieces, parcels or tracts of land lying, being and situate in Fort Mill Township, County of York, State of South Carolina, containing 8.40 acres, more or less, containing all the property shown in the map attached as Exhibit B, and being more particularly described as York County Tax Map Number 659-00-00-024. Pursuant to S.C. Code Section 5-3-110, this annexation shall include the whole or any part of any street, roadway, or highway abutting the above referenced property, not exceeding the width thereof, provided such street, roadway or highway has been accepted for and is under permanent public maintenance by the Town of Fort Mill, York County, or the South Carolina Department of Transportation. 27  EXHIBIT B Property Map York County Tax Map Number 659-00-00-024 28  Meeting Information Meeting Type Planning Commission Meeting Date July 31st, 2018 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary X Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review Other Property Information Applicant Jeffery P. Scibuola Property Owner Same as above Property Location 1171 Kimbrell Road Tax Map Numbers 736-00-00-139 Acreage 4.74 +/- acres Current Zoning RC-I & RD-I (York County) Requested Zoning HC, Highway-Commercial Existing Use Single-Family Residential, Detached Title An ordinance annexing York County Tax Map Number 736-00-00-139 located at the northeast corner of Kimbrell Road and Kimbrell Crossing Drive, near the intersection with SC HWY 160, and containing approximately 4.74 +/- acres. Background Information Site The Scibuola property contains one single-family, detached, residence. Characteristics Notwithstanding the residence, the majority of the property is undeveloped. 29 Neighboring Direction Zoning Existing Use Uses North R-15 Single-Family Residential South R-10 Single Family Residential East RD-I Vacant West RC-I Single-Family Residential Zoning Summary The property is currently zoned Residential Conservation I District (RC-I) and RD-I per York County GIS. The purpose of the RC-I District is to preserve and protect the character of existing neighborhoods and subdivisions and to prohibit any use which would compromise or alter existing conditions and uses. Also, this district is intended to encourage residential in-filling and expansion of existing neighborhoods and subdivisions. Permitted uses within the RC-I District include single-family, detached residential dwellings (excluding manufactured homes), accessory dwelling units, non-commercial equestrian uses, family day care homes, neighborhood and community parks, orchards, schools. Special exception uses in the RC-I District include bed and breakfast inns, limited commercial uses occupying not more than 2,000 square feet of gross leasable area per business, and commercial recreation with no outdoor lighting other than for parking lots and building entrances. The purpose of the RD-I District is to permit a variety of residential uses and variable densities, based on the characteristics of the uses. Areas so designated are deemed suited to and with market potential for the uses. This designation is applied principally to undeveloped areas where unit and density flexibility will not adversely impact existing residential subdivisions, and where the housing market can be sufficiently broad and flexible to meet the various demands for housing. Permitted uses within the RD-I District include single-family, detached residential dwellings (excluding manufactured homes), accessory uses, temporary uses, and home occupations, child and adult care centers, churches or similar places of worship, cultivation of field crops, non-commercial equestrian uses, neighborhood and community parks, nursing homes, orchards, schools. The applicant has requested a zoning designation of the HC District. It is the intent of the Highway Commercial (HC) Zoning District be developed and reserved primarily as a retail service and commercial area, serving surrounding neighborhoods and larger community or citywide clientele with a wide range of commercial services, including retail, offices and business support services located in areas which are well served by collector and 30  arterial street facilities as well as pedestrian access facilities where appropriate. It should also be noted that upon annexation, any development on this property would be subject to the requirements of the Tom Hall Street Corridor District (THCD). Applicant The applicant intends to develop the property as commercial. Proposal Comprehensive The property is located within an area that has been designated as “Medium- Plan Density Residential” on the Town of Fort Mill’s Future Land Use Map, last updated in May 2016. The property is also located in Node 6. The Comprehensive Plan recommends the following within Node 6: • Redevelopment where appropriate. • Mixed-use center with ground-floor retail and higher density residential. • Improved streetscape and pedestrian crossings. 31 Traffic Impact Future use(s) of the property is currently unknown. Any development of the property would require a review of the proposed traffic impact as well as a review of the proposed access locations. The review of any proposed development would be coordinated with SCDOT and may require the completion of a full traffic impact analysis (TIA) to determine if off-site transportation improvements would be required to mitigate the development’s impact to the transportation network. Any off-site transportation improvements deemed necessary by the Town and SCDOT would be the responsibility of the developer. Fire Impact The property is located approximately 1.1 miles (2 minutes) ordinary driving distance from the town’s main fire station on Tom Hall Street. Utility Impact The property located in the town’s service area, and would be served by the town’s water and sewer system. As with all other projects, any upgrades necessary to serve the project would be borne by the applicant. The applicant would also be responsible for securing any necessary easements to connect to the town’s existing utility system. School Impact The requested zoning designation of HC Highway Commercial would only allow for commercial uses. Therefore, there would be no impact on future school enrollment. Discussion The property is contiguous to the town limits and is, therefore, eligible for annexation. Based upon the information above and the recommendations of the Comprehensive Plan, staff would recommend in favor of approval of the annexation request, but against the proposed zoning designation of HC. The zoning designation of HC is not in compliance with the future Land Use Plan, which proposes this area as Medium Density Residential rather than Commercial. Permitted uses within the HC district include convenience stores, restaurants, food stores, and taverns. Planning Staff has concern that the introduction of such uses into a stable, residential area may be a catalyst for negative outcomes including unacceptable increases in traffic volume. The existing design of the Tom Hall Street and Kimbrell Road intersection and its immediate environs is not conducive to supporting higher vehicle capacity. As currently configured, all access to this parcel would be from Kimbrell Road rather than from Tom Hall Street. Inserting an ingress/egress point at this location, in very close proximity with Kimbrell Crossing, is not optimal and may 32 not receive favorable approval from SCDOT, especially considering a likely exponential increase in traffic with HC uses. Additionally, increased noise and modification of the existing viewshed could result in reduced residential property values in the immediate vicinity. Without substantial concessions by the future property developer, Staff would not be able to approve a future development plan for an HC use on this parcel. While Planning Staff concedes that some of the uses permitted within the HC District may be more appropriate than those noted, each is a use by right. Therefore, there is no manner of legally excluding potential negative uses. On the whole, permitted uses within the LC, Local Commercial District are less invasive to the existing land use framework. The likelihood of somewhat reduced traffic generation under the LC designation would aid the site plan review process with less impact on the road system. Such uses would also be less impactful to adjacent single-family residential homes. In conclusion, Planning Staff recommends in favor of the annexation request of this parcel with the zoning designation of the LC, Local Commercial District. Nothing in this report shall be deemed a guarantee that water and/or sewer service/capacity will be available at the time of development. As noted, any future development may also be subject to a TIA prior to the approval of an encroachment permit. Any improvements deemed necessary as a result of the TIA would be the responsibility of the owner/developer. 33  Alternatives 1. Recommend approval of the annexation ordinance with a zoning designation of HC. 2. Recommend approval of the annexation ordinance with an alternate zoning designation. 3. Recommend denial of the annexation request. Staff Recommendation Recommendation Staff recommends in favor of APPROVAL of the annexation request. Name & Title Chris Pettit, Planning Director Department Planning Department Date of Request July 31st, 2018 Legislative History Planning Commission 07/31/2018: Scheduled First Reading Pending Public Hearing Pending Second Reading Pending 34  Attachments • Annexation Application • Aerial Map • Zoning Map • Draft Ordinance 35 Annexation Application 36 Aerial Map 37 Zoning Map 38  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2018-___ AN ORDINANCE ANNEXING YORK COUNTY TAX MAP NUMBER 736-00-00-139 LOCATED AT THE NORTHEAST CORNER OF KIMBRELL ROAD AND KIMBRELL CROSSING DRIVE, NEAR THE INTERSECTION WITH SC HWY 160, AND CONTAINING APPROXIMATELY 4.74 +/- ACRES WHEREAS, a proper petition was submitted to the Fort Mill Town Council on June 6, 2018, by Jeffery P. Scibuola, (the “Property Owner”), requesting that York County Tax Map Number 736-00- 00-139 lying southeast of Kimbrell Road, such parcel being owned fully by the Property Owners, be annexed to and included within the corporate limits of the Town of Fort Mill under the provisions of S.C. Code Section 5-3-150(3); and WHEREAS, the Planning Commission of the Town of Fort Mill, in a duly called meeting on July 31, 2018, made its recommendation in favor of annexation, and that upon annexation, the aforesaid area shall be zoned under the Town’s Zoning Code, as follows: HC Highway Commercial; and WHEREAS, a public hearing was advertised and held at TBD during a duly called regular meeting of the Town Council of the Town of Fort Mill; and WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South Carolina, as amended, provides that any area or property which is contiguous to a municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete; and WHEREAS, using the definition of “contiguous” as outlined in S.C. Code Section 5-3-305, the Town Council has determined that the above referenced property is contiguous to property that was previously annexed into the corporate limits of the Town of Fort Mill; and WHEREAS, the Town Council has determined that annexation would be in the best interest of both the property owners and the Town of Fort Mill; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Fort Mill in Council assembled: SECTION I. Annexation. It is hereby declared by the Town Council of the Town of Fort Mill, in Council assembled, that the incorporated limits of the Town of Fort Mill shall be extended so as to include, annex and make a part of said Town, the described area of territory above referred to, being more or less 4.74 acres, the same being fully described in Exhibit “A” attached hereto, and contiguous to land already within the Town of Fort Mill. Pursuant to S.C. Code Section 5-3-110, this annexation shall include the whole or any part of any street, roadway, or highway abutting the above referenced property, not exceeding the width thereof, provided such street, roadway or highway has been 39 accepted for and is under permanent public maintenance by the Town of Fort Mill, York County, or the South Carolina Department of Transportation. SECTION II. Zoning Classification of Annexed Property. The above-described property, upon annexation into the corporate limits of the Town of Fort Mill, shall be zoned, as follows: HC Highway Commercial. SECTION III. Voting District. For the purpose of municipal elections, the above-described property, upon annexation into the incorporated limits of the Town of Fort Mill, shall be assigned to and made a part of Ward Three (3). SECTION IV. Notification. Notice of the annexation of the above-described area and the inclusion thereof within the incorporated limits of the Town of Fort Mill shall forthwith be filed with the Secretary of State of South Carolina (SCSOS), the South Carolina Department of Public Safety (SCDPS), and the South Carolina Department of Transportation (SCDOT), pursuant to S.C. Code § 5-3- 90(E). SECTION V. Severability. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. SECTION VI. Effective Date. This ordinance shall be effective from and after the date of adoption. SIGNED AND SEALED this _____ day of ___________________, 2018, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2018. First Reading: , 2018 TOWN OF FORT MILL Public Hearing: , 2018 Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia Burgess, Town Clerk 40  EXHIBIT A Property Description All those certain pieces, parcels or tracts of land lying, being and situate in Fort Mill Township, County of York, State of South Carolina, containing 4.74 acres, more or less, containing all the property shown in the map attached as Exhibit B, and being more particularly described as York County Tax Map Number 736-00-00-139. Pursuant to S.C. Code Section 5-3-110, this annexation shall include the whole or any part of any street, roadway, or highway abutting the above referenced property, not exceeding the width thereof, provided such street, roadway or highway has been accepted for and is under permanent public maintenance by the Town of Fort Mill, York County, or the South Carolina Department of Transportation. 41  EXHIBIT B Property Map York County Tax Map Number 736-00-00-139 42  Meeting Information Meeting Type Planning Commission Meeting Date July 31, 2018 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning Text Amendment Case Type X Subdivision Plat Appearance Review Other Property Information Applicant Town of Fort Mill Property Owner Ashebrook Villas Homeowner’s Assoc. Property Location Intersection of Tom Hall Street and Kimbrell Road Tax Map Number 020-07-02-115 Acreage 0.115 +/- Acres Current Zoning GR-A General Residential Existing Use Vacant / Open Space Title Request from the Town of Fort Mill to review and approve a final plat to subdivide a portion of York County Tax Map Number 020-07-02-115 Background Information Plat Details The Town of Fort Mill is requesting approval of a final plat to subdivide a 0.115 +/- acres portion of York County Tax Map Number 020-07-02-115. The request is tied to the Town’s development of the former Leroy Springs Recreation Complex, which is a partnership with Leroy Springs and Co., YMCA, and the Fort Mill School District. The Town intends to purchase the 0.115 +/- acre parcel in order to create a new access driveway for the recreation complex / FMSD aquatic center site. 43 Discussion The overall intent of the request is to allow the Town to purchase the subject property for the development of the recreation complex. An administrative recombination would have allowed for staff to approve a subdivision plat; however, staff’s preference would be to not combine the property with the overall recreation complex property at this time given that they have differing zoning classifications. The final plat is consistent with the requirements of the Zoning and Subdivision Ordinances and therefore staff would recommend in favor of approval. Alternatives 1. Approve the final plat. 2. Do not approve the final plat. Staff Recommendation Recommendation Staff recommends in favor of APPROVAL of the final plat. Name & Title Chris Pettit, Planning Director Department Planning Department Date of Request July 31, 2018 Legislative History Planning Commission Scheduled – July 31, 2018 Attachments 1. Vicinity Map 2. Final Plat 44 Vicinity Map 45 Final Plat 46