Planning Commission

TOWN OF FORT MILL PLANNING COMMISSION MEETING March 19, 2019 112 Confederate Street 6:30 PM AGENDA CALL TO ORDER APPROVAL OF MINUTES 1. Regular Meeting: February 19, 2019 [Pages 2‐5] NEW BUSINESS ITEMS 1. Subdivision Request: 1822 N Dobys Bridge Road [Pages 6‐9] Request from CTR REIT of Rock Hill, LLC to subdivide York County Tax Map Number 020‐ 12‐01‐320, consisting of +/‐ 4.505 acres of land, into two parcels 2. Subdivision Request: 419 & 421 Banks Street [Pages 10‐14] Request from NC RE Investments LLC to subdivide Tax Map 020-05-04-010, consisting of ± 1.693 acres of land, into two parcels. 3. Rezoning Request: Rutledge MXU Project [Pages 15‐37] An ordinance amending the Mixed Use Concept Plan & Development Conditions for the Rutledge MXU Project, consisting of York County Tax Map Numbers 020‐21‐01‐330, 020‐ 21‐01‐331, and 020‐21‐01‐332 containing approximately 49.298 +/‐ acres located at the Southwest corner of the intersection of Springfield Parkway and U.S. HWY 21 Bypass. 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 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 2  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 3  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. 4  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 5  Meeting Information Meeting Type Planning Commission Meeting Date March 19th, 2019 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 CTR REIT of Rock Hill LLC Property Owner CTR REIT of Rock Hill LLC Property Location Corner of N. Doby’s Bridge Road and Haire Road Tax Map Numbers 020-12-01-320 Acreage ± 4.505 acres Current Zoning HC (Highway Commercial) w/COD-N (Corridor Overlay District) Existing Use Vacant/Wooded Title Request from CTR REIT of Rock Hill, LLC to subdivide Tax Map 020-12-01-320, consisting of ± 4.505 acres of land, into two parcels. Background Information Site Characteristics The subject property, consisting of ± 4.505 acres, is located at 1822 N. Doby’s Bridge Road at the intersection with Haire Road. The property contains approximately 239 linear feet of road frontage on N. Doby’s Bridge Road and is bisected by Haire Road. The property is currently undeveloped and was recently annexed into the Town of Fort Mill. Neighboring Uses Direction Zoning Existing Use North RD-II Single Family Residential & Vacant South HC & RD-II Single Family Residential East RD-II Single Family Residential & Vacant West RUD Single Family Residential Zoning Summary The site is currently zoned HC, Highway Commercial 6  Maximum Building Height: 35’ Minimum lot area: 10,000 square feet Minimum lot width: 75’ at building line Minimum front yard setback: 35’ Minimum side yard setback: 10’ Minimum rear yard setback: 35’ Applicant Proposal The applicant is proposing to subdivide two parcels of property from the existing ± 4.505-acre tract. The property is zoned HC, Highway Commercial. Subsequent the approval of this subdivision, it is the applicant’s intent to develop that portion of the property on the east side of Haire Road with a child daycare. Staff Staff recommends in favor of approval of this proposed subdivision. Recommendation Alternatives 1. Grant approval with conditions. 2. Grant approval. 3. Deny subdivision approval. Staff Recommendation Recommendation Staff recommends in favor of APPROVAL for the request. Name & Title Alex Moore, Senior Planner Department Planning Department Date of Request March 12th, 2019 Legislative History Planning Commission Scheduled – 3/19/19 Attachments • Aerial Map • Proposed Subdivision Plat 7 Aerial Map 8 9  Meeting Information Meeting Type Planning Commission Meeting Date March 19th, 2019 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 NC RE Investments LLC Property Owner NC RE Investments LLC Property Location Banks Street Tax Map Numbers 020-05-04-010 Acreage ± 1.693 acres Current Zoning R-15 Existing Use Multifamily Title Request from NC RE Investments LLC to subdivide Tax Map 020-05-04-010, consisting of ± 1.693 acres of land, into two parcels. Background Information Site Characteristics The subject property, consisting of ± 1.693 acres, is located on Banks Street. This property contains two multifamily apartment buildings, 419 and 421 Banks Street, respectively. The proposed division of the property would occur at the centerline of the existing driveway which serves these buildings. Neighboring Uses Direction Zoning Existing Use North R-15 Single Family Residential & Vacant South R-15 Institutional East R-15 Single Family Residential West R-15 Single Family Residential Zoning Summary The site is currently zoned R-15, One-family residential 10  Maximum Building Height: 35’ Minimum lot area: 15,000 square feet Minimum lot width: 100’ at building line Minimum front yard setback: 35’ Minimum side yard setback: 10’ Minimum rear yard setback: 35’ Applicant Proposal The applicant is proposing to subdivide two parcels of property from the existing ± 1.693-acre tract. The property is zoned R-15, One-family residential. Staff Staff recommends in favor of approval of this proposed subdivision. Recommendation Alternatives 1. Grant approval with conditions. 2. Grant approval. 3. Deny subdivision approval. Staff Recommendation Recommendation Staff recommends in favor of APPROVAL for the request. Name & Title Alex Moore, Senior Planner Department Planning Department Date of Request March 12th, 2019 Legislative History Planning Commission Scheduled – 3/19/19 Attachments • Aerial Map • Zoning Map • Proposed Subdivision Plat 11 Aerial Map 12 Zoning Map 13 14  Meeting Information Meeting Type Planning Commission Meeting Date March 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 X Other Property Information Applicant William Mosley Property Owner Rutledge Land & Realty LLC, C4 Holdings LLC Property Location Corner of Springfield Parkway and U.S. HWY 21 Bypass Tax Map Number 020-21-01-330, 020-21-01-331, and 020-21-01-332 Acreage 49.268 +/- acres Current Zoning MXU Proposed Zoning MXU Existing Use Vacant/Wooded Title An ordinance amending the Mixed Use Concept Plan & Development Conditions for the Rutledge MXU Project, consisting of York County Tax Map Numbers 020-21-01-330, 020-21-01-331, and 020- 21-01-332 containing approximately 49.298 +/- acres located at the Southwest corner of the intersection of Springfield Parkway and U.S. HWY 21 Bypass. Background Information Site Characteristics The property is currently located at the southwest quadrant of the intersection of Springfield Parkway and U.S. HWY 21 Bypass, consisting of approximately 49.268 acres of currently vacant/wooded land. The property includes approximately 1,720 feet of frontage on Springfield Parkway and approximately 1,950 feet of frontage along U.S. Hwy 21 Bypass. The western and southern edges of the project contain wetlands and floodplain, which acts as a natural buffer. 15 Neighboring Uses Direction Zoning Existing Use North BD-III, Captain Steve’s Restaurant, Vacant (County) AGC South PD Church/Vacant (County) East AGC, BD- Single-Family Residences (County), Vacant III (County) West PD Vacant (County), CATO Development (County) Zoning Summary The Mixed Use Concept Plan & Development Conditions for the Rutledge MXU Project was adopted for the above referenced parcels as required by Article II, Section 19(5)(D)(1)(a), of the Zoning Ordinance for the Town of Fort Mill in February 2017. The MXU district is intended to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the provision of infrastructure; and to preserve the natural and scenic features of open areas. This district is intended for the appropriate integration of a wide range of residential and non-residential uses. The district is intended for use in connection with developments where the town has determined that the quality of a proposed new development there under will be enhanced by flexibility in the planning process. Any use proposed by an applicant and considered by the town council as compatible with the surrounding area may be permitted within the project area upon approval by the town council. In the attached MXU Concept Plan and Development Conditions, the applicant is proposing to develop up to 200 single-family (attached or detached) units on the site. Under the proposed development conditions, the proposed setbacks and minimum lot specifications would be as defined in Article II, Section 19-4{A) of the Zoning Ordinance. Concept Plan & As approved in 2017, the Development Conditions for the Rutledge MXU Development Project allowed for the development of: Conditions • 245 dwelling units with a gross residential density of 5 units per acre; • A minimum of 50,000 square feet and a maximum of 175,000 square feet of building space designated for commercial use; The proposed amendment to the Rutledge MXU Project Development Conditions & Concept Plan would: 16  • Amend the maximum number of allowed dwelling units from 245 (any type) to 200 (single family attached or detached) with a residential density of 4.1 units per acre; • Amend the overall minimum square footage from 50,000 to 20,000 for commercial and the overall maximum square footage from 175,000 to 50,000; • Amend the language related to the vehicular access and road improvements to include a TIA prior to construction activities; • Amend the language related to landscaping to include a tree survey showing tress 32” in caliber or greater; • Amend the language related to streets to ensure sidewalks are installed along the project’s frontages of U.S. HWY 21 Bypass and Springfield Parkway; • Amend the language to acknowledge that portions of the development are subject to the Town’s TCP Transportation Corridor Preservation Overlay District; • Amend the language related to floodplain areas subject to the Town’s ordinances related to floodplains and development within floodplain areas Comprehensive Plan The property is located within an area that has been designated as “Medium Density Residential” on the Town of Fort Mill’s Future Land Use Map, last updated in May 2016. The comprehensive plan generally defined “medium density” as three to five dwelling units per acre. The currently approved Rutledge MXU Project density of 5 units per acre is consistent with the recommendations of the comprehensive plan. With the proposed amendment to the Rutledge MXU Project Concept Plan & Development Conditions, the future density would remain consistent with the recommendation of the comprehensive plan. The proposed commercial component is also consistent with the recommendations of the Node 3a on the future land use map. 17 Traffic Impact Properties zoned MXU would require a traffic impact analysis (TIA) prior to the development of the property. The review of the proposed development and TIA would be coordinated with SCDOT and may require the completion off-site transportation improvements 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 4.0 miles (7 minutes) ordinary driving distance from the town’s main fire station on Tom Hall Street. Utility Impact The subject property is currently located within the York County water and sewer service district. The applicant would be required to work with York County to determine the improvements necessary to serve the property. School Impact The applicant’s request would lower the maximum allowable residential units, which would therefore decrease the potential impact to the school district’s enrollment figures. 18 Discussion As mentioned above, the town’s Comprehensive Plan recommends “Medium Density Residential” as the preferred land use in this location, which is defined as 3 to 5 dwelling units per acre. The proposed amendment to the Mixed Use Concept Plan & Development Conditions is consistent with the future land use plan. Additionally, the addition of commercial is consistent with the recommends for Node 3a. Staff recommends in favor of approval of the ordinance amending the Rutledge MXU Project. Alternatives 1. Recommend approval of the ordinance amending the Mixed Use Concept Plan & Development Conditions for the Rutledge MXU Project. 2. Recommend approval of the ordinance amending the Mixed Use Concept Plan & Development Conditions for the Rutledge MXU Project with Changes. 3. Recommend denial of the ordinance amending the Mixed Use Concept Plan & Development Conditions for the Rutledge MXU Project. Staff Recommendation Staff recommends in favor of APPROVAL of the ordinance amending the Recommendation Mixed Use Concept Plan & Development Conditions for the Rutledge MXU Project. Name & Title Penelope Karagounis, Planning Director Department Planning Department Date of Request March 19th, 2019 Legislative History Planning Commission Scheduled: 03/19/2019 First Reading TBD Public Hearing TBD Second Reading TBD Effective Date Upon adoption Attachments • Application • Aerial Map • Zoning Map • Draft Ordinance Amending the MXU Development Conditions and Concept Plan 19 20 21 Aerial Map 22 Zoning Map 23  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2019-___ AN ORDINANCE AMENDING THE MIXED USE CONCEPT PLAN & DEVELOPMENT CONDITIONS FOR THE RUTLEDGE MXU PROJECT, CONSISTING OF PARCELS CURRENTLY OR FORMERLY KNOWN AS YORK COUNTY TAX MAP NUMBERS 020-21-01-330, 020-21-01-331 AND 020-21-01-332 CONTAINING APPROXIMATELY 49.268 +/- ACRES LOCATED AT THE INTERSECTION OF SPRINGFIELD PARKWAY AND U.S. HWY 21 BYPASS WHEREAS, by ordinance No. 2014-15 of the Fort Mill Town Council, a Mixed Use Concept Plan & Development Conditions for the Rutledge MXU Project was adopted; and WHEREAS, by ordinance No. 2017-06 of the Fort Mill Town Council, an amended Mixed Use Concept Plan & Development Conditions for the Rutledge MXU Project was adopted to include the parcel currently or formerly known as York County Tax Map Number 020-21-01-330 and make other amendments to the Concept Plan & Development Conditions; and WHEREAS, the Property Owner and Town Council now wish to further amend the Mixed Use Concept Plan & Development Conditions for the Rutledge MXU Project to make the changes as shown within the Development Conditions attached as “Exhibit A,” and the Concept Plan as shown within the attached “Exhibit B,” both of which have been reviewed by the Fort Mill Planning Commission and the Fort Mill Town Council and found to be consistent with the Town’s Comprehensive Plan; NOW, THEREFORE, 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. Pursuant to Article II, Section 19(5)(D)(3), of the Zoning Ordinance for the Town of Fort Mill, the Development Conditions for the Rutledge MXU Project are hereby amended as shown within the attached “Exhibit A.” Where any conflicts exist between the Development Conditions and the Subdivision Ordinance or Zoning Ordinance for the Town of Fort Mill, the provisions specified within the Development Conditions shall apply. A copy of these development conditions shall be maintained on file in the office of the Town Clerk and the Zoning Administrator. SECTION II. Pursuant to Article II, Section 19(5)(D)(4), of the Zoning Ordinance for the Town of Fort Mill, the Concept Plan for the Rutledge MXU Project is hereby amended as shown within the attached “Exhibit B.” A copy of this Concept Plan shall be maintained on file in the office of the Town Clerk and the Zoning Administrator. SECTION III. The provisions of this ordinance shall apply to the parcels currently or formerly known as 020-21-01-330, 020-21-01-331, and 020-21-01-332, containing approximately 49.268 acres at the southwest quadrant of the intersection of Springfield Parkway and U.S. Highway 21 Bypass. 24  SECTION IV. 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 V. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION VI. 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 25  EXHIBIT A Development Standards & Conditions Rutledge MXU Project 26  DEVELOPMENT STANDARDS & CONDITIONS Rutledge MXU Project Development Standards RUTLEDGE ‐ MXU ‐ PROJECT CONDITIONS 1. Purpose of district The purpose of the mixed use development (MXU) district is to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the provision of infrastructure; and to preserve the natural and scenic features of open areas. This district is intended for the appropriate integration of a wide range of residential and non‐residential uses. The district is intended for use in connection with developments where the town has determined that the quality of a proposed new development there under will be enhanced by flexibility in the planning process. 2. Platting requirements Platting requirements will be in accordance with ARTICLE II PLAT REQUIREMENTS, of Chapter 32‐ SUBDIVISIONS, of the Town of Fort Mill Municipal Ordinance. Where possible, plats will comply with Article II, Section 19.3(C) of the Zoning Ordinance. 3. Bonding requirements Bonding requirements will be in accordance with Section 32.104‐SURETY BOND, Article IV‐ REQUIRED IMPROVEMENTS, of Chapter 32‐Subdivisions, of the Town of Fort Mill Municipal Ordinance. Rutledge MXU Conditional Notes 1. General Provisions a) Each proposal for the development under MXU district is anticipated to be unique. Except as provided by this section, an MXU district shall be subject to all of the applicable standards, procedures and regulations in other sections of the zoning ordinance. b) The development depicted on the Concept Development Plan (RZ‐1.0) is intended to reflect the arrangement of proposed uses on the site, but the final configuration, placement and the size of individual site elements may be altered or modified within the limits of the Ordinance and the standards established on the Development Standards Sheet during design development and construction phases. Street alignment and lot layout width and depth dimensions may be modified to accommodate final building layout and lot locations. The Petitioner reserves the right to modify the total number of lots identified within individual 27  parcels or phases, reallocate units from a parcel or phase to another, or reconfigure lots and street layouts, provided the density for the entire mixed use development does not exceed the permitted density set forth in these Development Standards. c) These standards, as established by the Rutledge Technical Data Development Standards Sheet, as set out below and as depicted on the Mixed Use Development Site Plan shall be followed in connection with development taking place on the site. Standards established by these Development Standards Sheet and Rutledge Mixed Use Development Site Plan shall supersede the Fort Mill Subdivision Ordinance and Zoning Ordinance in effect at the date of approval. 2. Permitted uses a) Residential: i) Subject to the information listed below, a maximum combination of 245200150 dwelling units may be constructed on the site. Dwelling units may consist of single family attached units, single family detached units, or a combination of both attached and detached units. or detached dwelling unitslots may be constructed on the site. ii) Residential use shall be allowed throughout all areas of the development having minimum dimensional standards as specified in section 15, along with any incidental or accessory uses in connection therewith, which are permitted by right or under prescribed conditions in the Mixed Use Zoning District or as part of the Rutledge Mixed Use Development. iii) Common Open Space: May include conservation lands, natural areas, formal greens, plazas, courtyards, and buffers. iv) Amenities: May or may not include, but shall not be limited to amenity buildings, pool and pool facilities, athletic fields, parks, trails, playground equipment, picnic shelters and other accessory uses commonly associated with amenity facilities. b) Commercial/Mixed Use: i) Subject to the information listed below, a minimum of 5020,000 square feet to a maximum of 175,00050,000 square feet of building space shall be designated for commercial use. ii) Commercial use shall be allowed throughout all areas of the development having minimum dimensional standards as specified in section 15, along with any incidental or accessory uses in connection therewith, which are permitted by right or under prescribed conditions in the Mixed Use Zoning District or as part of the Rutledge Mixed Use Development. 3. Density 28  The maximum residential density for the property will shall not exceed 245a combination of 150200 single family attached or detached units,lotsunits which is based on anequates to approximately 4.1 residential units per gross acre ( approximately 49‐acre site) multiplied by 534.0 residential units per gross acre. Individual project phases may exceed 54.10 residential units per acre so long as the total residential unit count does not exceed a combination of 150200 245 unitssingle family attached or detached lotsunits for the property. 4. Streets Minimum dimensions and design standards for each street type shall follow a consistent standard. The standards for each street shall follow one of the following: a) Public Residential and Commercial Streets: In accordance with the Town standards outlined in the Fort Mill Subdivision Ordinance. b) All Residential Streets: Shall be designed to provide a stop condition no more than 2,000 feet apart. This will be accomplished by "T" intersections where practical. Where this is not practical due to site constraints, posted stop signs at intersection(s) within the 2,000‐foot street length will be installed. c) Cul‐de‐sacs: Shall conform to standards in the Fort Mill Subdivision Ordinance, except that alternative cul‐de‐sacs and loop streets shall be permitted to have landscaped islands, provided that the dimensions of these islands will accommodate the turn‐around of fire trucks without backing up. Subdrains will be provided behind the island curb if irrigation is installed within the cul‐de‐sac island. Cul‐de‐sac lengths may vary as shown on the Rutledge MXU Site Plan. The Rutledge Mixed Use Development will provide landscaped island where feasible. Landscaped islands are subject to approval of the Town of Fort Mill Fire department. d) Sidewalks: Will be installed on at least one side of all streets. Sidewalks shall be installed and stubbed out to the neighboring property lines along the project’s frontages of US‐21 Highway Bypass and Springfield Parkway. At the Developer's option, additional sidewalks may be installed. e) Block Lengths: Block lengths shall be a maximum of 2,000 feet. 5. Vehicular Access and Road Improvements a) Vehicular Access: Access shall be provided to US‐21 Highway Bypass and Springfield Parkway, in the general location as shown on the Rutledge Concept Development Plan. Minor adjustments to the locations of street and driveway entrances may occur, as required to meet state and local agency standards, or as a result of further site investigation and coordinate with final subdivision and site plan design. b) Improvements to Existing Roads: A traffic impact analysis (TIA) shall be completed prior to the commencement of any land clearing or construction activities. The developer shall be responsible for installing any necessary public roadway improvements identified within the 29  TIA as required by SCDOT and the Town of Fort Mill, to the extent such improvements are found necessary to accommodate future traffic from the Rutledge Mixed Use Project. b) traffic impact analysis (TIA) has been completed, reviewed by SCDOT and the Town below outlines the required improvements and phasing: 1. Prior to the issuances of the certificate of occupancy (CO) for the first residential building the developer shall provide the following improvements: a. Full movement driveway connection to Springfield Parkway (Access #1), without turn lanes b. Full movement driveway connection to US Hwy 21 (Access #4), with 100‐ foot SB right‐turn lane, 150‐foot NB left‐turn lane and exclusive EB right‐ turn lane. c. Restriping of the existing 200‐foot WB left turn lane on Springfield Parkway at US Hwy 21 traffic signal to approximately 450 feet of storage (from current 200 feet). This will be performed by the developer to the extent that it is defined as a restriping effort, contained within the existing pavement, within the existing right‐of‐way, and without modification to the existing right in‐right‐out (RIRO) median at the Harris Teeter shopping center. d. The CO for the clubhouse will be provided without ties to the completion of roadway improvements. 2. Prior to the issuances of the certificate of occupancy (CO) for the first shopping center building the developer shall provide the following improvements: a. RIRO drive connection to Springfield Parkway (Access #2), with a median to be constructed in Springfield Parkway, without turn lanes. The addition of turn lanes at the full movement driveway connection at Springfield Parkway (Access #1); 100‐foot EB right‐turn lane, 150‐foot WB left‐turn lane, and exclusive NB right‐turn lane. b. RIRO and leftover drive connection to US Hwy 21 (Access #3), without turn lanes. c. Restriping of the existing 200‐foot WB left turn lane on Springfield Parkway at US Hwy 21 traffic signal to approximately 450 feet of storage (from current 200 feet). This will be performed by the developer to the extent that it is defined as a restriping effort, contained within the existing pavement, within the existing right‐of‐way, and without modification to the existing RIRO median at the Harris Teeter shopping center. If not already completed in a previous phase. 3. Prior to the issuance of the certificate of occupancy (CO) for a shopping center building causing the aggregate square footage to exceed 205,000 sf the developer shall provide the following improvements: a. The addition of turn lanes at the full movement driveway connection at Springfield Parkway (Access #1); 100‐foot EB right‐turn lane, 150‐foot WB left‐turn lane, and exclusive NB right‐turn lane. 30  b. RIRO drive connection to Springfield Parkway (Access #2), with a median to be constructed in Springfield Parkway, without turn lanes. If not already completed in a previous phase. c. RIRO drive connection to US Hwy 21 (Access #3), without turn lanes. If not already completed in a previous phase. d. Restriping of the existing 200‐foot WB left turn lane on Springfield Parkway at US Hwy 21 traffic signal to approximately 450 feet of storage (from current 200 feet). This will be performed by the developer to the extent that it is defined as a restriping effort, contained within the existing pavement, within the existing right‐of‐way, and without modification to the existing RIRO median at the Harris Teeter shopping center. If not already completed in a previous phase. c) Coordination: The developer shall coordinate where feasible with neighboring property owners regarding stub road locations and future roadway connections. 6. Landscaping Landscaping will be provided in accordance with Article II, Section 19.4{J) of the Zoning Ordinance. Existing vegetation will be retained and maintained to the extent feasible. As a part of the preliminary plat process and prior to any approvals for land disturbance, a tree survey shall be prepared and submitted to Fort Mill staff showing the locations and species of all trees 32” in caliper or greater. The protection and/or mitigation of these trees shall be in accordance with the requirements of Article IV, Section 3 of the Fort Mill Zoning Ordinance. 7. Open Space Common open space will be provided, to be platted and recorded separately from other uses. Open space will be owned and maintained by a Homeowner's Association or Property Owner's Association. A minimum of 20% of the total site will be maintained as preserved open space or built open space. The following may be counted towards required dedicated open space: conservation lands, natural areas, flood plain areas, wetlands, formal greens, plazas and courtyards, trails, buffers held in common ownership, and parks and recreation areas, including ball fields, golf courses (excluding vertical structures: clubhouse and maintenance facilities), tennis and basketball courts, playgrounds, and other areas used for active or passive recreation. Water quality ponds, rain gardens, and other types of public (non‐fenced) stormwater facilities may also be counted towards the open space requirements. 8. Parking and Loading Parking, loading, and other requirements for each permitted use and platted lot will be in accordance with the requirements of Article I, Section 7, Subsection I for the Fort Mill Zoning Ordinance subject to the petitioner's ability to include parking spaces located within units with garages as eligible spaces meeting said requirements. 31 9. Access to Lots Access (curb cuts) to each platted lot must comply with standards set forth in the Fort Mill Zoning and Subdivision Ordinances. 10. Signage A proposed project signage package shall be provided for approval to the town. All signs shall meet the requirements of Article II, Section 19.4(1), Subsections 1, and 2 of the Zoning Ordinance. Approval to not be unreasonably withheld. 11. Building Heights Proposed building heights shall be in accordance with Article II, Section 19.4{A). Building height shall be measured in accordance with Article II, Section 19.4{D) of the Zoning Ordinance. 12. Improvements The developer will be responsible for installation of required streets, utilities, common areas, amenity improvements, open space, storm drainage, and buffer yards, which pertain specifically to the project. 13. Changes a) Petitioner/Developer understands that upon approval of the Mixed Use Development by the Town Council, any changes that are proposed which are considered to be of a minor nature such as adjustments or relocation of streets, lots, and open space; or adjustments to interior parcel boundaries, parcel sizes, or lot sizes and quantities; or location, size and number of buildings, may be approved by the Fort Mill staff through an administrative review process. Other minor changes may be made to the list of permitted uses, unit mixture, reallocation of unit types, relocation of uses, buffer yards, landscaping and open space standards throughout the project, shall be subject to review and approval through an administrative process by the Fort Mill staff. b) Significant changes to the Mixed Use Development Site Plan which include changes increasing overall project dwelling unit count, land use summary, location of primary access points to the property and adding acreage are all considered to be major site plan changes and are subject to approval by the Town Council in accordance with Chapter 32 of the Fort Mill Municipal Ordinance. 14. Construction Schedule and Phasing This development may be constructed in phases. Proposed phasing will be determined and approved during the Preliminary Plat process. 15. Development Standards 32  Design Standards‐Storm drainage and utilities (including sanitary sewer, gas, electric, telephone and cable television) may be located within landscape corridors. a) Maximum Residential Density: 200 dwelling units (approximately 4.15.0 dwelling units per gross acre) b) Impervious Surface Ratio: 90% for residential, 100% for remaining uses c) Residential Development ‐ Development Standards per Article II, Section 19‐4{A) of the Zoning Ordinance. d) Commercial/Mixed Use Development ‐ Development Standards per Article II, Section 19‐4(A) of the Zoning Ordinance. e) Buffer Yards: Perimeter Buffer yards between the Rutledge Mixed Use Development and adjacent properties will be in accordance with Article II, Section 19.4(K.) of the Zoning Ordinance. The buffer shall be a natural, undisturbed wooded area where possible, and shall count towards the provision of open space for the development where the buffer is not platted and made part of an individual, privately owned lot. Where an existing natural, undisturbed wooded area does not exist, a planted buffer shall be required in conformance with the buffer standards of Article II, Section 19.4(K) of the Zoning Ordinance. f) Petitioner reserves the right to construct a minimum 6‐foot high opaque fence, wall, berm, or combination thereof in order to satisfy buffer and/or screening requirements. In the event that the petitioner or their assignee decides to install a fence, wall, or berm, they may reduce buffer area dimensions by 25%. Buffer Yards will be designed in a manner to allow openings of an appropriate width in order to allow pedestrian connectivity. Utilities and right of way are allowed to be located in buffer areas where needed. g) Notwithstanding the ordinary setbacks for the underlying Mixed Use District, all buildings and structures shall be set back a minimum of 40 feet from the Springfield Parkway right‐of‐way, and a minimum of 25 feet from U.S. Highway 21 Bypass right‐of‐way, so as to accommodate future road widening. Portions of the development are subject to the Town’s TCP Transportation Corridor Preservation Overlay District. In instances where the additional setbacks outlined in this paragraph conflict with the requirements of the TCP Overlay District, the requirements of the TCP Overlay District shall govern. 16. Model Homes Model homes may be constructed within residential areas at the developer's discretion. Mobile temporary sales offices shall be allowed on site at the developer's discretion. The developer will be permitted a minimum of 4 model homes with offices or mobile temporary sales offices and mobile temporary construction offices. 17. Lot Transfer and Recording 33  Lots may be transferred or recorded by means of posting appropriate surety bonds as referenced in Sec. 32.104. 18. Water and Sewer The Developer understands that water and sewer will be provided by York County for all lots within the Mixed Use Development. The Developer shall construct or cause to be constructed, at Developer's cost, all necessary water and sewer service infrastructure to, from, and within the Property. The developer will comply with all DHEC and York County water and sewer specifications. The Property shall be subject to all current and future water connection/capacity fees imposed by the County. A water and sewer "willingness and capability letter" must be received from the County prior to obtaining a grading permit for any portion of the development utilizing the York County water and sewer. Should the Town of Fort Mill and York County elect to enter into a service agreement whereby the Town provides retail service to the Mixed Use Development, then the developer shall comply with the specifications, fees, and permitting requirements of the Town of Fort Mill. 19. Applicable Ordinances This development will be subject to the standards and requirements for the Fort Mill Subdivision Ordinance and Zoning Ordinance in effect at the date of approval by the Town of Fort Mill or as superseded by the provisions of the Rutledge Concept Development Plan and Development Standards, as approved by the Town of Fort Mill. 20. Ten Year Vested Right Due to the size of the proposed development and the level of Petitioner's investment, the Petitioner requests a ten (10) year vested right for construction of this project.All vested rights for the development shall be in accordance with the South Carolina Vested Rights Act. 21. Binding Effect of the Rezoning Documents If this Rezoning Petition is approved, all conditions applicable to development of the site imposed under the Rezoning Site Plan and Development Standards Sheet will, unless amended in the manner provided under the Ordinance, be binding upon and inure to the benefit of the Petitioner and subsequent owners of the site and their respective successors in interest and assigns. Upon approval of the Rezoning Site Plan and Development Standards Sheet by the Town of Fort Mill the Petitioner agrees to record above listed documents at the York County register of deeds office within 120 days. 22. Restrictive Covenants Restrictive Covenants will be created and recorded with the office of the county clerk of court prior to the approval of a plat or issuance of a building permit for a vertical building on the 34  property. Covenants shall be in accordance with Article II, Section 19.3{D) of the Fort Mill Zoning Ordinance. 23. Provisions Related to Floodplain Areas Portions of the Property are currently designated as floodplain areas. Should the applicant proceed with development plans within any floodplain area, a Letter of Map Revision (LOMR) or Letter of Map Amendment (LOMA) shall be required from FEMA before any development activities may commence. Notwithstanding the foregoing, the project shall also be subject to the Town’s ordinances related to floodplains and development within floodplain areas. In the event of conflict, the more restrictive requirement shall apply. 24. Development Impact Fees The Property shall be subject to all current and future development impact fees imposed by the Town, provided such fees are applied consistently and in the same manner to all similarly‐situated property within the Town limits. The Property shall also be subject to all current and future development impact fees imposed by the Fort Mill School District, provided such fees are applied consistently and in the same manner to all similarly‐situated property within the Town limits. For the purpose of this Agreement, the term “development impact fees” shall include, but not be limited to, the meaning ascribed to such term in the South Carolina Development Impact Fee Act, Sections 6‐1‐910, et seq, of the SC Code of Laws. 35  EXHIBIT B Concept Plan Rutledge MXU Project 36 37