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Planning Commission

Regular Meeting

Fort Mill, SC · February 19, 2019

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Minutes

MINUTES TOWN OF FORT MILL PLANNING COMMISSION MEETING February 19, 2019 112 Confederate Street 6:30 PM Present: James Traynor, Hynek Lettang, Ben Hudgins, Tom Petty, Zhengzheng Wiley, Matthew Lucarelli, Asst. Town Manager Chris Pettit, Nick Cauthen Absent: Chris Wolfe Guests: Mary Ellen and Lou Cila, Chris Schraf, Ryan Davis, Matt Hutto Chairman Traynor called the meeting to order at 6:30 pm. Commissioner Petty made a motion to approve the minutes from the January 15, 2019 meeting as submitted. Commissioner Hudgins seconded the motion. The minutes were approved by a vote of 5-0. NEW BUSINESS ITEMS Commissioner Wiley arrived prior to the discussion of New Business Item #1 1. Rezoning Request: 1462 & 1466 N. Dobys Bridge Road: Mr. Pettit provided a brief overview of the request, the purpose of which was to review and provide a recommendation on an ordinance amending the zoning map for the Town of Fort Mill so as to change the zoning designation for York County Tax Map Numbers 020-11-01-111 and 020-11-01-110 (portion) from R-15 Residential to TC Transitional Commercial. Staff recommended in favor of denial. Lou Cila, the property owner, stated that his intent was to use a portion of the existing building as an office for his insurance company and to lease the remaining portion to a professional office user. Discussions occurred relating to the prior uses of the property (church office), Mr. Cila’s concerns of using the property as residential, Mr. Cila’s intent to not change the structures on the property, and Mr. Cila’s observation of commercial properties on other portions of N. Dobys Bridge Road. Chairman Traynor discussed the difficulty of the request given its inconsistency with the comprehensive plan, further explaining the differences between the property subject to the rezoning request, the commercial properties existing on N. Dobys Bridge Road, and the legal nonconforming gas station adjacent to the property. Commissioner Lucarelli questioned what some of the other permitted uses were within the TC District, to which Mr. Pettit noted that buildings were limited to 7,500 square feet and the more intensive uses ranged from pharmacies, medical offices, banks, and some retail uses. Mr. Cila questioned whether there was an alternative zoning designation that would allow his intended use for his property and not allow the more intensive uses permitted in the TC District, to which Chairman Traynor noted the intent of the TC District was to serve as a transition between residential and commercial areas and that the subject property was not located in a transitional area. Commissioner Hudgins requested clarification on what the surrounding properties were zoned, to which Mr. Pettit responded with those designations. Discussions occurred related to the commercially zoned properties at the corner of N. Dobys Bridge Road and Williams Road, with which it was discussed that the properties were zoned commercial prior to the Fort Mill Parkway existing and that the Fort Mill Parkway shifted the Town’s plans for commercial south to its intersection with N. Dobys Bridge Road. Mr. Pettit noted that a rezoning was previously discussed to change the commercial designation of the Williams Road properties to a residential designation to bring them into conformance with the comprehensive plan. Commissioner Lucarelli asked for clarification on staff’s recommendation as listed at the end of the staff report given that it stated the recommendation was for denial of the annexation, to which Mr. Pettit clarified that the wording was an error and that the recommendation was for denial of the rezoning. Mr. Cila questioned whether the Planning Commission’s feelings toward the request would be different if it was only for the existing one-acre parcel as opposed to the proposed two- acre parcel, to which Mr. Pettit explained that the zoning ordinance would require a two- acre minimum for a rezoning request to a new district. Further discussions occurred related to the adjacent gas station, its nonconforming status, and other nonconformities that were due to uses existing prior to zoning. Commissioner Hudgins spoke to the importance of staff’s recommendation and the work that is consistently put in to the Town’s comprehensive plan, of which the rezoning request does not conform to. There being no further questions, Chairman Traynor called for a motion. Commissioner Hudgins made a motion to recommend in favor of denial of the request. Commissioner Lucarelli seconded the motion. The motion as approved by a vote of 6-0. 2. Rezoning Request: Fort Mill Church of God: Mr. Chris Pettit provided a brief overview of the request, the purpose of which was to review and provide a recommendation on an ordinance amending the zoning map for the Town of Fort Mill so as to change the zoning designation for York County Tax Map Numbers 020-06-06-010, 020-06-06-009, 020-06-06- 008, 020-06-06-007, 020-06-06-006, 020-06-06-005, 020-06-06-002, and 020-06-06-012 from R-15 Residential to LC Local Commercial. Staff recommended in favor of approval. Chairman Traynor questioned whether the adjoining property owners were notified, to which Mr. Pettit stated that he received no communication from adjoining property owners and that the Town would post the property prior to Town Council’s public hearing. Commissioner Hudgins provided his concerns of introducing commercial into a residential area. The questioned was asked as to whether the subject properties were located within the Historic Preservation Overlay District and what effect that would have, to which Mr. Pettit noted that the properties were not in the historic district and therefore would not affect the properties subject to the request. Discussions occurred related to the surrounding properties and their zoning designations, with specific discussion also occurring related to the properties within the same block that were not included in the rezoning request. Chairman Traynor noted that the proximity to existing commercial did make the request different than the previous agenda item, however a concern did exist relating to protecting the established residential area. Commissioner Lettang questioned the applicant’s intent, to which Mr. Pettit noted that the church no longer had a use for the structure at the corner of Confederate and Forrest Streets and that their primary intent was to rezone the property so they could lease the structure to a professional office user. The question was asked as to the size of the single parcel containing the structure proposed for professional office, to which Mr. Pettit noted that it was not large enough to rezone by itself and therefore the church was required to assemble multiple properties to achieve the two-acre minimum threshold. Discussions occurred related to the existing residential character surrounding the subject properties, with Commissioner Lucarelli noting that there is a buffer to the residential but that the subject properties also had a residential feel to them. There being no further questions, Chairman Traynor called for a motion. Commissioner Lettang made a motion to recommend in favor of denial of the request. Commissioner Petty seconded the motion. The motion was approved by a vote of 6-0. INFORMATION / DISCUSSION 1. Preliminary Appearance Review – 1544 Sam Smith Road: Mr. Pettit gave a brief description of the preliminary appearance review. The project included a one-story steel building located at 1544 Sam Smith Road. The applicants stated this property would be used for a gymnastics facility. They felt it would have a positive effect on the community with the amount of families in the area that are currently having to travel outside of Fort Mill to find a viable facility. The applicant presented a PowerPoint showing the building and general layout. The applicant stated the walls of the building would be 16 feet with a maximum roof height of 26 feet. The applicant stated the dimensions of the building are 150’ x 275’ with a metal façade. The Commission responded that a pre-engineered building is acceptable, but the façade must be of a quality material on all four sides. Mr. Traynor asked what the property is zoned? Staff responded that the property is zoned Limited Industrial and this would be a permitted use. Mr. Petty recommended the applicant drive by A-lock-it storage building for an example of an approved pre-engineered structure with added façade materials. Mr. Traynor along with other Commission members added that a quality façade material must be used along with variations in architecture and placement of windows to eliminate long expanses of blank walls. Mr. Lucarelli recommended to plan for the need of a Traffic Impact Analysis and that sidewalks would also have to be installed. The Commission concluded by saying this is an attractive use for the Town but that extensive improvement to the façade of the building will be required before an approval is granted. It was also recommended to the applicant to bring sample materials to the next meeting and to provide adequate buffers to protect the adjoining residential properties. There being no further business, the meeting was adjourned at 7:22. Respectfully submitted, Chris Pettit, AICP Assistant Town Manager March 14, 2019

Agenda

TOWN OF FORT MILL PLANNING COMMISSION MEETING February 19, 2019 112 Confederate Street 6:30 PM AGENDA CALL TO ORDER APPROVAL OF MINUTES 1. Regular Meeting: January 15, 2019 [Pages 2-6] NEW BUSINESS ITEMS 1. Rezoning Request: 1462 & 1466 N. Dobys Bridge Road [Pages 7-17] An ordinance amending the zoning map of the Town of Fort Mill so as to change the zoning designation for York County Tax Map Numbers 020-11-01-111, and 020-11-01-110 (portion) containing approximately 2.00 +/- acres located at 1462 and 1466 N. Dobys Bridge Rd., from R-15 Residential to TC Transitional Commercial 2. Rezoning Request: Fort Mill Church of God [Pages 18-28] An ordinance amending the zoning map of the Town of Fort Mill so as to change the zoning designation for York County Tax Map Numbers 020-06-06-010, 020-06-06-009, 020-06-06-008, 020-06-06-007, 020-06-06-006, 020-06-06-005, 020-06-06-002, and 020- 06-06-012, containing approximately 3.27 +/- acres, from R-15 Residential to LC Local Commercial INFORMATION / DISCUSSION 1. Preliminary Appearance Review – 1544 Sam Smith Road 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. 1 MINUTES TOWN OF FORT MILL PLANNING COMMISSION MEETING January 15, 2019 112 Confederate Street 6:30 PM Present: Tom Petty, Chris Wolfe, Zhengzheng Wiley, Hynek Lettang, Ben Hudgins, Matthew Lucarelli, Assistant Town Manager Chris Pettit, Senior Planner Alex Moore, Assistant Planner Nick Cauthen Absent: James Traynor Guests: Emily Clodfelter, Robert Johnson, Jim Britton, Matt Mandle, Shaw Kuester, John Allen, Scott Tuttle, Joe Romenick, Jeffrey Hunter Acting-Chairman Hudgins called the meeting to order at 6:30 pm. ELECTION OF CHAIR AND VICE CHAIR FOR 2019 Acting-Chairman Hudgins requested nominations for the position of Chair. Mr. Wolfe nominated Mr. Traynor. There being no further nominations, the question of electing Mr. Traynor as Chair was put to a vote. The vote passed 6-0. Acting-Chairman Hudgins requested nominations for the position of Vice Chair. Discussions occurred as to whether or not Mr. Traynor could hold all positions, to which Assistant Town Manager Pettit noted that he could not. Mr. Lettang nominated Mr. Hudgins. There being no further nominations, the question of electing Mr. Hudgins as Vice Chair was put to a vote. The vote passed 6-0. OLD 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 review and grant a revision to a previously approved commercial appearance review project. Commercial appearance review was granted back in July of 2018 for Steele Street Station. Construction plans for the building were submitted in December of 2018 and staff determined that changes to the exterior of the building were significant enough that the building could not be approved for permitting without first going back to Planning Commission for reconsideration. Mr. Cauthen noted the latest plans included changes in building massing along with changes in awning size/material. Mr. Wolfe asked for the reasons regarding the new request. John Allen (Kuester) responded that the request was due to a 30% increase in construction cost. He added that he agreed the new revisions were not as appealing as the previous iteration but felt it was still very nice. Mr. Lucarelli asked the applicant if he knew who the tenants would be. Mr. Allen responded that he had a dentist, a healthcare provider, and a possible restaurant. Mr. Hudgins and Mr. Lettang expressed they did not like the new rendition of the building 2 due to the severity of changes presented, which made the building significantly less attractive than before. Mr. Wolfe stated that the Commission has not approved fabric canopies in the recent past to his knowledge and metal looks and maintains much better. Mr. Allen responded that a lot of class A buildings have cloth awnings, metal awnings are cost prohibitive, and the building still has a lot of brick and glass. He continued by saying that the awnings could simply be removed. He also stated the project will not be constructed without approval of this request or a compromise to change the original approval. Mr. Petty asked about the material above the awnings because it listed aluminum siding. Mr. Allen stated it is a faux wood material that has a 50-year warranty. Mr. Lettang stated that he could not make the compromise to approve the request due to a number of different factors. He noted the property is very valuable and will serve as a gateway into Town. He continued by saying the increased price of the project is not a problem the Board is obligated to alleviate for the investors involved. He concluded by saying this version of the building is the third different building that has been presented to the Board and is by far the worst version, much of the character of the building that was approved back in July has been removed or changed in a way that is severely detrimental to the appearance of the building. Mr. Lucarrelli asked if the reduced height of the building still concealed the rooftop equipment. Mr. Allen stated that yes it does. Mr. Wolfe added that coming from Banks Street towards the project you would be looking down at the building from an elevated position. Mr. Lucarrelli asked if the original version of the building was 2 stories and the applicant responded that yes it was. Mrs. Wiley asked how costs increased so dramatically in the past 6 months. The applicant stated the price of steel along with many other building materials has significantly increased in the past few months due to tariffs and other reasons. Mr. Lettang made a motion to deny the request. Mr. Wolfe seconded the motion. The motion passed by a vote of 5-1 with Mr. Lucarreli in opposition to the motion. NEW BUSINESS ITEMS 1. Annexation Request – 1850 N Dobys Bridge Road: Assistant Town Manager Pettit provided a brief overview of the request, the purpose of which was to review and provide a recommendation on an ordinance annexing 1.10 +/- acres located at 1850 N. Dobys Bridge Road with a zoning designation of HC Highway Commercial. Mr. Wolfe questioned what the surrounding zonings were for the properties in Town and whether or not the subject property was contiguous to property already zoned HC, to which Mr. Pettit provided an overview of the surrounding zoning noting that the subject property was contiguous to property currently zoned HC. Mr. Wolfe questioned whether any overlay districts would apply to the subject property, to which Mr. Pettit noted that they would not. 3 There being no further questions, Mr. Wolfe made the motion to recommend approval of the request as submitted. Mr. Lucarelli seconded the motion. The motion passed by a vote of 6-0. 2. Annexation Request – Fort Mill School District (Whites Road): Assistant Town Manager Pettit provided a brief overview of the request, the purpose of which was to review and provide a recommendation on an ordinance annexing 51.44 +/- acres located at on Whites Road with a zoning designation of R-15 Residential. Mr. Wolfe questioned whether or not the school district owned the property today and whether all schools were zoned R-15 today, to which Mr. Pettit noted that the school district was the property owner and that the recent direction had been to zone all schools to R-15 with the intent of having R-15 potentially be the zoning classification for all schools with the UDO. Mr. Wolfe questioned as to whether there was a way to restrict the use of the property in the event that a school was not developed there or if a school were to close in the future, to which Mr. Pettit noted that there wasn’t a zoning mechanism immediately available that would allow that. Discussions occurred as to what would be allowed on the property in the event the school was not developed. Mr. Pettit noted that representatives from the school district were present and could answer questions relating to the timeline for the proposed school. Jim Britton spoke on behalf of the school district to say that the project is in design, currently funded, with the intent of breaking ground in the summer of 2019 and opening in 2021. Mr. Lucarelli questioned the distance of the property from Banks Trail Middle School, to which Mr. Britton noted that the school district is one of the smallest geographic school districts in the state but also in the top ten in enrollment. There being no further questions, Mr. Lucarelli made the motion to recommend approval of the request as submitted. Mr. Petty seconded the motion. The motion passed by a vote of 6-0. 3. Commercial Appearance Review – 114 Springs Street: Assistant Planner Cauthen provided a brief overview of the request, the purpose of which was to review and grant commercial appearance review approval for a 1 story office/retail building located at the corner of Springs and Elliott Street. The existing building would be demolished. The Planning Department recommended approval of the request with the condition for staff to be able to approve minor adjustments. The applicant stated the first generation of the building would be an office accessed from the parking lot and a commercial use accessed from the front of the building closest to Springs Street. The building could potentially have 4 tenants. Mr. Wolfe asked if staff would have the power to approve 4 doors as an amendment to the existing elevations. Staff responded that yes as long as the building keeps the same general nature as presented. 4 Mr. Wolfe asked if the property had any setbacks and staff responded that Local Commercial does not have building setbacks. Mr. Lucarelli made a comment that the side elevation was an improvement to the preliminary sketches presented to Planning Commission back in November of 2018. The applicant added that yes the blank wall that was initially portrayed coming from Main Street along Springs Street was addressed. The applicant presented brick materials to the Commission. Mr. Lucarelli stated that he liked the samples much more than what was on paper because it featured much less of a drastic change in colors. Mr. Wolfe asked if the side facing Main Street was inset at all. The applicant stated that it was by approximately 2 inches. Mr. Lettang asked if the exterior corner would ever be utilized and suggested that pavers or more of a decorative surface material be used other cement. The applicant responded that the corner could certainly be utilized but there would never be a restaurant there due to the lack of parking. Ms. Wiley stated concerns over the amount of impervious surface proposed for the project. She added that she would like to see some type of grass or permeable surface material instead of the cement around the exterior of the building. Other members of the Commission stated they liked the area surrounding the building. The applicant noted there would be trees along the front. Mr. Wolfe questioned the roll out trash area depicted on the plan. Staff noted the proposal is allowed and there is no requirement to have a dumpster. It was also noted the Town does not offer trash service to commercial properties. Mr. Lucarelli asked about the material of the proposed retaining wall. The applicant stated that it will be made of concrete and faced with brick. Mr. Lucarelli added that it is very important for the retaining wall to be of a high-quality material as to not detract from the appearance of the building. The applicant stated the retaining wall would be seat height and was required due to changes in grade at the site. Mr. Hudgins asked if there would be any monument signage. The applicant stated the signage was on the plans and would be on the actual building. Mr. Wolfe made a motion to grant commercial appearance review with conditions to allow for staff to be able to approve minor modifications to the site plan and elevations if needed. Mr. Lettang seconded the motion. The motioned was approved by a vote of 5-1 with Ms. Wiley in opposition. 4. Commercial Appearance Review – 1500 Fort Mill Parkway: Assistant Planner Cauthen provided a brief overview of the request, the purpose of which was to review and grant commercial appearance review approval for a 1 story, 10,000 square ft. building located at 1500 Fort Mill Parkway with 111 parking spaces. The Planning Department recommended approval of the request with the condition for staff to be able to approve minor adjustments. 5 The applicant stated the same brick and EIFS material would be used that were approved for the mini storage buildings that are located on the adjacent property. Mr. Wolfe asked what type of tenant would be occupying the building. The applicant responded that it will be used for a restaurant and the building directly beside (not under review at this time) will be used for a medical office. Mr. Lucarelli asked if there would be any fabric awnings. The applicant responded that the awnings would match the awnings approved for the mini storage buildings. Mr. Lucarelli responded that a restaurant is a higher use than storage buildings and a higher quality awning should be required. Planning Commission agreed the awnings should all be metal. Mr. Lucarelli made a motion to grant commercial appearance review with conditions that all awnings/canopies must be metal and to allow for staff to be able to approve for minor modifications to the site plan and elevations if needed. Mr. Petty seconded the motion. The motion was approved by a vote of 6-0. INFORMATION / DISCUSSION 1. Comprehensive Plan Update: Assistant Town Manager Pettit provided a brief overview of the current state of the comprehensive plan, noting that there was still some work to be completed to clean up the draft prior to beginning the formal adoption process. Discussions occurred relating to the adoption process and the steps involved. There being no further business, the meeting was adjourned at 7:58. Respectfully submitted, Chris Pettit, AICP Assistant Town Manager February 11, 2019 6 Meeting Information Meeting Type Planning Commission Meeting Date February 19, 2019 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation X Rezoning Text Amendment Case Type Subdivision Plat Appearance Review Other Property Information Applicant Louis & Mary Cila Property Owner Louis & Mary Cila Property Location 1466 N Dobys Bridge Rd. Tax Map Number 020-11-01-111, 020-11-01-110 Acreage 2.00 +/- acres Current Zoning R-15 Proposed Zoning Transitional Commercial Existing Use Business/Daycare Title An ordinance amending the zoning map of the Town of Fort Mill so as to change the zoning designation for York County Tax Map Numbers 020-11-01-111, and 020-11-01-110 (portion) containing approximately 2.00 +/- acres located at 1462 and 1466 N. Dobys Bridge Rd., from R-15 Residential to TC Transitional Commercial Background Information Site The property is located at 1462 and 1466 N. Dobys Bridge Road and contains Characteristics approximately 285 linear feet of road frontage along N Dobys Bridge Road. The property was previously developed for office uses relating to a church that was proposed for the site. The parking area is accessed off N Dobys Bridge Road. Neighboring Direction Zoning Existing Use Uses North R-15 Single / Multi Family Residential 7 GR-A South R-25 Single Family Residential East RC-I Single Family Residential (County) West RD-I Gas Station (County – Legal Nonconforming) Zoning The subject parcel is currently zoned R-15 Residential. The R-15 district is Summary intended for “low-to-medium density residential” development. The R-15 district allows single-family residences, public facilities, and noncommercial agricultural uses by right, as well as daycare facilities, public utility substations and religious institutions as conditional uses. The minimum lot area is 15,000 square feet per dwelling unit, and the minimum lot width is 100 feet at the building line. The minimum setback requirements are 35 feet in the front and rear, and 10 feet on both sides. The maximum building height is 35 feet. The applicant has requested to change the zoning designation from R-15 Residential to TC Transitional Commercial, for the purpose of allowing leased professional office space at 1466 N Dobys Bridge Rd. The site was previously occupied by a church, which was allowed to utilize the existing buildings as office space since churches were a permitted use in R-15. The TC zoning district is reserved primarily for areas which will provide for transitional zones between residential and commercial areas. They will often be placed along major traffic arteries which are in transition from residential to commercial uses. The district will accommodate single-family residential uses, light commercial uses, and office and professional uses. The minimum lot area is 10,000 square feet, the minimum lot width is 75 feet at the building line, and minimum front yard depth is 20 feet, minimum side yard is ten feet, and minimum rear yard setback is five feet. 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 plan defines medium density residential as 3-5 dwelling units per acre. 8 Traffic Impact Primary access to and from the property is via N Dobys Bridge Rd. The applicant’s request for rezoning is based on an intent to keep the current use on the property (office). Any future development or redevelopment of the property may require the completion of a TIA and may result in additional road improvements being required by the town and/or SCDOT. Fire Impact The property is located approximately 1.3 miles (2 minutes) ordinary driving distance from the town’s main fire station on Tom Hall Street. Utility Impact The subject property is currently served by the town’s water and sewer system. There is no utility impact as a result of this rezoning request. Any increase in service capacity to the site would be subject to additional water and sewer capacity fees. Any additional costs required to connect to the system would be borne by the developer. School Impact The TC district would allow single-family residential development with a minimum 10,000 square foot lot size. At this time, however, the applicant intends only to expand the current non-residential use on the property and therefore the request would have no immediate impact on the school district. Discussion Rezoning requests were previously considered for the subject property in July of 2015 (HC, Denied) and November of 2015 (GR-A, Withdrawn). The previous rezonings were considered for the potential development of a self-storage facility (HC) and for a potential multi-family development (GR-A). 9 The applicant, in conjunction with the rezoning request, is requesting administrative approval of a subdivision plat that would combine a portion of TM # 020-11-01-110 with TM # 020-11-01-111 that would result in one parcel, two acres in size, along the frontage of N. Dobys Bridge Road. This rezoning request would be for the new, two-acre parcel only, with the remaining 5.9 +/- acre remnant parcel to remain zoned R-15 with frontage along Walnut Lane. The applicant’s rezoning request and development intent (office use) for the two-acre parcel would have little immediate impact on the town’s traffic, fire service, utilities, or school district. However, future uses and/or further development of the property allowed by right in the TC district could have a greater impact to the town’s services and surrounding residential properties. As mentioned, the town’s Comprehensive Plan recommends “medium density residential” as the preferred land use in this location. The intended use and other by right uses of the property in the TC district would be inconsistent with the Comprehensive Plan’s designation for the area. Staff recommends in favor of denial for the rezoning request. 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. Alternatives 1. Recommend approval of the rezoning request with a zoning designation of TC 2. Recommend approval of the rezoning request with an alternate zoning designation 3. Recommend denial of the rezoning request. Staff Recommendation Staff recommends in favor of DENIAL for the annexation with a zoning Recommendation designation of TC. Name & Title Chris Pettit, Assistant Town Manager Department Planning Department Date of Request February 19th, 2019 Legislative History Planning Commission 02/19/2019: Scheduled First Reading TBD Public Hearing TBD Second Reading TBD Effective Date Upon adoption 10 Attachments • Rezoning Application • Aerial Map • Zoning Map • Property Survey • Draft Rezoning Ordinance 11 12 Aerial Map 13 Zoning Map 14 Property Survey 15 STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2019-___ AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF FORT MILL SO AS TO CHANGE THE ZONING DESIGNATION FOR YORK COUNTY TAX MAP NUMBERS 020-11-01-111, AND 020-11-01-110 (PORTION) CONTAINING APPROXIMATELY 2.00 +/- ACRES LOCATED AT 1462 AND 1466 N. DOBYS BRIDGE RD., FROM R-15 RESIDENTIAL TO TC TRANSITIONAL COMMERCIAL Pursuant to the authority granted by the Constitution of the State of South Carolina and the General Assembly of the State of South Carolina, BE IT ENACTED BY THE TOWN COUNCIL FOR THE TOWN OF FORT MILL: SECTION I. The Zoning Map of the Town of Fort Mill is hereby amended to change the zoning classification for York County Tax Map Numbers 020-11-01-111 and 020-11-01-110 (portion), containing approximately 2.00 +/- acres located at 1462 and 1466 N. Dobys Bridge Rd, from R-15 Residential to TC Transitional Commercial. A property map of the parcels subject to this rezoning ordinance is attached hereto as Exhibit A. SECTION II. 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 III. Conflicting Ordinances Repealed. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. Effective Date. This ordinance shall be effective from and after the date of adoption. SIGNED AND SEALED this _____ day of ___________________, 2019, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2019. First Reading: TOWN OF FORT MILL Public Hearing: Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia Burgess, Town Clerk 16 EXHIBIT A Property Map York County Tax Map Number 020-11-01-111 and 020-11-01-110 (Portion) 17 Meeting Information Meeting Type Planning Commission Meeting Date February 19, 2019 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation X Rezoning Text Amendment Case Type Subdivision Plat Appearance Review Other Property Information Applicant Fort Mill Church of God Property Owner Fort Mill Church of God Property Location Confederate St., Academy St., Forrest St. Tax Map Number 020-06-06-010, 020-06-06-009, 020-06-06-008, 020-06-06-007, 020-06-06- 006,020-06-06-005, 020-06-06-002, and 020-06-06-012 Acreage 3.27 +/- acres Current Zoning R-15 Proposed Zoning Local Commercial Existing Use Church Title An ordinance amending the zoning map of the Town of Fort Mill so as to change the zoning designation for York County Tax Map Numbers 020-06-06-010, 020-06-06-009, 020-06-06-008, 020-06-06-007, 020-06-06-006, 020-06-06-005, 020-06-06-002, and 020-06-06-012, containing approximately 3.27 +/- acres, from R-15 Residential to LC Local Commercial Background Information Site Characteristics The properties are located along Confederate, Forrest, and Academy Streets near downtown Fort Mill and are currently utilized by the Fort Mill Church of God for their facilities and associated parking. Neighboring Uses Direction Zoning Existing Use North R-15 Single-Family Residential 18 South R-10 Single-Family Residential East R-15 Single-Family Residence West R-15 Single-Family & Multi-Family Residential LC Office Zoning Summary The subject parcels are currently zoned R-15 Residential. The R-15 district is intended for “low-to-medium density residential” development. The R- 15 district allows single-family residences, public facilities, and noncommercial agricultural uses by right, as well as daycare facilities, public utility substations and religious institutions as conditional uses. The minimum lot area is 15,000 square feet per dwelling unit, and the minimum lot width is 100 feet at the building line. The minimum setback requirements are 35 feet in the front and rear, and 10 feet on both sides. The maximum building height is 35 feet. The applicant has requested to change the zoning designation from R-15 to LC Local Commercial, for the purpose of allowing leased office space at 226 Confederate St. (TM 020-06-06-010). In order for the rezoning request to be accepted per our ordinance, the applicant was required to assemble parcels totaling at least 2.0 acres in size, which is the reasoning for the request covering multiple parcels. The LC district is intended for the development of local or “main street” oriented businesses and commercial areas. The LC district allows a variety of uses, including but not limited to retail stores, businesses involving the rendering of a personal service or the repair and service of small equipment, churches, residential uses, and public uses by right. Conditional uses include auto accessory stores, bakeries, bed and breakfast inns, contractor’s offices, restaurants, dry cleaners, pet shops, and public utility uses. “Private or semiprivate club, lodge, union hall, or social center” is listed specifically as a permitted use within the LC district. The minimum lot area is 1,500 square feet, the minimum lot width is 20 feet at the building line, and there are no front, side or rear yard setback requirements. Comprehensive Plan The property is located within an area designated as “Node 5” on the Town of Fort Mill’s future land use map. The town’s comprehensive plan, last updated in May of 2016, recommends a variety of higher density residential and commercial uses within the downtown area, though the future land use map identifies the area containing the subject parcel as “medium density residential.” The comprehensive plan defines medium density residential as 3-5 dwelling units per acre. 19 Traffic Impact Primary access to and from the properties is via Confederate, Academy, and Forrest Streets. The applicant’s request for rezoning is based on an intent to lease the current building at 226 Confederate Street. Any future development or redevelopment of the property may require the completion of a TIA and may result in additional road improvements being required by the town and/or SCDOT. Fire Impact The property is located approximately 0.25 miles (1 minutes) ordinary driving distance from the town’s main fire station on Tom Hall Street. Utility Impact The subject property is currently served by the town’s water and sewer system. There is no utility impact as a result of this rezoning request. Any increase in service capacity to the site would be subject to additional water and sewer capacity fees. Any additional costs required to connect to the system would be borne by the developer. School Impact The LC district would allow multi-family residential development of up to ten units per acre. At this time, however, the applicant intends only to lease the current non-residential building on the property and therefore the request would have no immediate impact on the school district. Discussion The applicant’s zoning request is based on a desire to utilize existing nonresidential space for professional office use at 226 Confederate Street. The space was previously utilized by the church as office space, which is 20 allowed in the existing R-15 Residential district as an accessory to the church. In order to lease out the office space for users outside of the church, the property would need to be rezoned to a commercial district. As mentioned previously, the assemblage of at least two acres was required in order to rezone the property to a commercial district. Although the comprehensive plan’s designation of medium density residential on the future land use plan isn’t in compliance with the rezoning request, the request is in compliance with the overall recommendations for Node 5. The intent of the node is to contain a mixture of uses (commercial, residential, and civic) with a focus on bringing activity to downtown in such a way that maintains the character of the area. The applicant’s request would allow for a mixture of uses (commercial, residential, and civic) that accomplishes the intent of the node through existing facilities. The request would be an extension of a commercial district into an area that is otherwise zoned residentially. However, the current uses of properties west of Forrest Street are principally nonresidential in nature or already zoned to LC Local Commercial. The applicant’s rezoning request and development intent would have little immediate impact on the town’s traffic, fire service, utilities, or school district. Future uses and/or further redevelopment of the property could have a greater impact to the town’s services and surrounding residential properties. However, by zoning these existing nonresidential uses to a commercial district, the surrounding residential uses would be afforded additional zoning protections if the properties were to be redeveloped or altered in the future. For these reasons, staff recommends in favor of approval for the rezoning request. Alternatives 1. Recommend approval of the rezoning request with a zoning designation of LC 2. Recommend approval of the rezoning request with an alternate zoning designation 3. Recommend denial of the rezoning request. Staff Recommendation Staff recommends in favor of APPROVAL of the rezoning request with a Recommendation zoning designation of LC Name & Title Chris Pettit, Assistant Town Manager Department Planning Department Date of Request February 19th, 2019 Legislative History 21 Planning Commission 02/19/2019: Scheduled First Reading TBD Public Hearing TBD Second Reading TBD Effective Date Upon adoption Attachments • Rezoning Application • Aerial Map • Zoning Map • Draft Rezoning Ordinance 22 23 24 Aerial Map 25 Zoning Map 26 STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2019-___ AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF FORT MILL SO AS TO CHANGE THE ZONING DESIGNATION FOR YORK COUNTY TAX MAP NUMBERS 020-06-06-010, 020-06-06-009, 020- 06-06-008, 020-06-06-007, 020-06-06-006, 020-06-06-005, 020-06-06-002, AND 020-06-06-012 CONTAINING APPROXIMATELY 3.27 +/- ACRES, FROM R-15 RESIDENTIAL TO LC LOCAL COMMERCIAL Pursuant to the authority granted by the Constitution of the State of South Carolina and the General Assembly of the State of South Carolina, BE IT ENACTED BY THE TOWN COUNCIL FOR THE TOWN OF FORT MILL: SECTION I. The Zoning Map of the Town of Fort Mill is hereby amended to change the zoning classification for York County Tax Map Numbers 020-06-06-010, 020-06-06-009, 020-06-06-008, 020- 06-06-007, 020-06-06-006, 020-06-06-005, 020-06-06-002, and 020-06-06-012, containing approximately 3.27 +/- acres, from R-15 Residential to LC Local Commercial. A property map of the parcels subject to this rezoning ordinance is attached hereto as Exhibit A. SECTION II. 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 III. Conflicting Ordinances Repealed. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. Effective Date. This ordinance shall be effective from and after the date of adoption. SIGNED AND SEALED this _____ day of ___________________, 2019, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2019. First Reading: TOWN OF FORT MILL Public Hearing: Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia Burgess, Town Clerk 27 EXHIBIT A Property Map York County Tax Map Number 020-06-06-010 28

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