Planning Commission

TOWN OF FORT MILL PLANNING COMMISSION MEETING September 21, 2021 112 Confederate Street 6:30 PM AGENDA CALL TO ORDER APPROVAL OF MINUTES 1. Regular Meeting: August 17, 2021 [Pages 2-4] NEW BUSINESS ITEMS 1. Rezoning Request: Durban Development [Pages 5-19] An ordinance amending the Zoning Map of the Town of Fort Mill so as to change the zoning designation for York County Tax Map Number: 020-04-04-004 from R-15 Residential to LC Local Commercial. INFORMATION/DISCUSSION 1. Preliminary Commercial Appearance Review: Star Investment Group, LLC 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 August 17, 2021 112 Confederate Street 6:30 PM Present: James Traynor, Dan Stout, Hynek Lettang, Chris Wolfe, Ben Hudgins, Matthew Lucarelli, Planning Director Penelope Karagounis, Planner Nick Cauthen Absent: Andy Agrawal Guests: See Attached Sign-in Sheet Chairman James Traynor called the meeting to order at 6:30 pm. Mr. Wolfe made a motion to approve the minutes from the July 20, 2021 meeting as submitted. Mr. Stout seconded the motion. The minutes were approved by a vote of 6-0. NEW BUSINESS ITEMS 1. Commercial Review Appearance: Arden Mill Commercial West Mr. Cauthen provided a brief overview of the request, the purpose of which was to review and consider granting commercial appearance review approval for three proposed buildings. The Planning Department recommended approval of the request, contingent upon staff being able to approve minor adjustments. Staff also noted the exact use of each building has not been determined but will include a mix of restaurants, offices, and retail. The applicant presented material samples and described the new proposed building materials. The Commission and staff also noted that mirrored glass is not permitted in the Corridor Overlay District. Mr. Hudgins noted his concern about the amount of impervious surface on the site. The applicant stated the buffer areas decrease the amount of impervious area and the developer wanted hardscape in between buildings to allow for outdoor seating and/or congregating. Mr. Wolfe asked about the parking requirements for the site. Staff noted the parking requirements met the Town’s Zoning Ordinance. Mr. Wolfe discussed the possible need for revising the Town’s parking requirements considering multiple developments across Town seem to have issues during peak times. Mr. Lettang disagreed stating the Town promotes walkability and he does not think the Town needs to require large parking lots that will sit empty an overwhelming majority of the time. 2  Mr. Lucarelli agreed with Mr. Lettang regarding the parking and stated he liked the materials presented for the building. Mr. Lucarelli also recommended adding a sidewalk connection between the Parkway path and the front of the proposed development. Mr. Wolfe asked if the sidewalk along the Parkway for the project was in an easement since it was out of the right-of-way per the plan set. Staff noted they would look into the specifics of the multi-use path in regard to the Arden Mill MXU. Mr. Stout asked about the TIA for the project. Staff noted the Arden Mill TIA was updated to reflect the proposed uses and the traffic counts decreased from the original proposal. Mr. Stout asked about the proposed lighting of the property in respect to how it would potentially affect the neighbors. The applicant stated those plans have not been finalized but the project would comply with all Town ordinances. After no further questions or comments Chairman Traynor asked for a motion. Mr. Wolfe made a motion to grant commercial appearance review approval with the condition for staff to have the ability to approve minor modifications to the site plan and elevations if needed. Mr. Hudgins seconded the motion and added an amendment to limit the amount of impervious surface associated with the project where possible. Mr. Lucarelli added an amendment to consider sidewalk connections from the Parkway to the front of the development. Mr. Wolfe and Mr. Hudgins agreed to the amendments. The motion was approved by a vote of 6-0. There being no further business, the meeting was adjourned at 7:40 pm. 3 4  Meeting Information Meeting Type Planning Commission Meeting Date September 21, 2021 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 Durban Development Property Owner Coleman Wallace Tax Map Number 020-04-04-004 Acreage .70 + / - acres Current Zoning R-15 Proposed Zoning LC Local Commercial Existing Use Vacant Commercial Building 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 NUMBER 020-04-04-004 FROM R-15 RESIDENTIAL TO LC LOCAL COMMERCIAL. Background Information Site The property is located at 314 N. White Street across from Walter Y. Elisha Characteristics Park. It contains a vacant commercial building that was formerly Coleman’s Garage. Neighboring Uses Direction Zoning Existing Use North R-15 Vacant South LC The Springs Company Headquarters East R-15 Single-family Residential West GI Walter Y. Elisha 5 Zoning Summary The applicant has requested a rezoning of the property from R-15 Residential to LC Local Commercial for the purposes of redeveloping the property into a restaurant. The subject parcel was previously used as an auto-repair business; a non-conforming use in the R-15 district. 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, and religious institutions as conditional uses. 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, bakeries, bed and breakfast inns, contractor’s offices, restaurants, dry cleaners, pet shops, and public utility uses. Because the property is less than two acres, the property must be zoned consistent with one or more of the surrounding parcels. The neighboring properties are currently zoned as follows: GI (currently used as Walter Y. Elisha Park), LC (Springs Headquarters, which was rezoned from R-15 to LC) and R-15 (Residential). The property is also located within the town’s historic preservation overlay district. Comprehensive The subject property is located within an area that has been designated as Plan “Mixed – Use Town Center” on the Town of Fort Mill’s Future Land Use Map. This land use classification is intended to preserve a pedestrian oriented downtown by accommodating a unique mix of office, service, retail, entertainment, cultural, government, civic, and medium to high density residential areas. All development should be compatible with the existing and historic environment and with nearby residential areas. This is an area where residential and nonresidential uses can easily be developed as mixed-use buildings, integrated to create a pedestrian friendly self-sustaining development with a mix of housing options. The compact, walkable environment and mix of residential and non-residential uses in a Town Center often support multiple modes of transportation. The Mixed-Use Town Center supports the overall concept of the applicant’s proposal. 6 Traffic Impact The completion of a traffic impact analysis (TIA) is required. Preparation of this TIA was completed by the town’s traffic engineering consultant and included coordination with SCDOT. Completion of this TIA indicated the necessity of off- site transportation improvements to mitigate the development’s impact to the transportation network. Construction of these off-site transportation improvements will be the responsibility of the developer. A copy of the transportation mitigation agreement (TMA) is attached to this report. Fire Impact The property is located approximately 0.6 miles (2 Minutes) ordinary driving distance from the town’s Fire Station on Tom Hall Street. Utility Impact The subject property will be served by the town’s water and sewer system. The applicant would be required to work with the Town of Fort Mill Utilities Department to determine all improvements necessary to serve the property. 7 School Impact The applicant’s request would not provide any additional impact to the Fort Mill School District Discussion As referenced above, the property is currently zoned R-15. The applicant has requested to change the zoning designation from R-15 to LC Local Commercial, with the intent of redeveloping the property into restaurant. Portions of N White Street are historically commercial in nature. The comprehensive plan’s vision for the downtown area is to transition over time to a vibrant, mixed-use node containing medium to higher density residential and a variety of neighborhood commercial uses, such as shops, restaurants, and professional offices. With the pending request to rezone the property from R-15 to LC, in staff’s opinion, applying the local commercial zoning designation in the downtown area would be appropriate in this circumstance, and would be consistent with the long-term goals and mixture of uses envisioned for the downtown area. The applicant will also need to go to the Historic Review Board to receive a Certificate of Appropriateness for the renovated building. If the property is rezoned, the applicant would be able to redevelop the property for the intended use (restaurant) or any other use that is allowed in the LC district. Should the use change from the currently proposed restaurant use, an amended TIA may be required prior to the issuance of a permit for construction. If the property is not rezoned, the applicant would not be able to redevelop the property for their intended use (restaurant). If the property has remained vacant for less than 12 months, the property owner could reestablish the prior use (auto garage). If the property has remained vacant for more than 12 months, then the property would lose its grandfathered non-conforming status and any future use would have to conform to the eligible uses under the current R-15 zoning. Alternatives 1. Recommend approval of the rezoning request with a zoning designation of LC Local Commercial 2. Recommend denial of the rezoning request with a zoning designation of LC Local Commercial 8  Agenda Action Item The property is eligible for a rezoning request and the proposed request Agenda Item Status meets all zoning requirements. Name & Title Penelope Karagounis, Planning Director Department Planning Department Date of Request August 23, 2021 Legislative History Planning Commission 9/21/2021: Scheduled First Reading 10/11/2021: Tentative Public Hearing 10/11/2021: Tentative Second Reading TBD Effective Date Upon adoption Attachments • Application • Zoning Map • Aerial Image • TMA • Draft Ordinance 9 10 11 12 Zoning Map 13 Aerial Image 14 15 16 17  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2021-___ AN ORDINANCE AMENDING THE ZONING MAP OF THE TOWN OF FORT MILL SO AS TO CHANGE THE ZONING DESIGNATION FOR YORK COUNTY TAX MAP NUMBER 020-04-04-004 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 classifications for the York County Tax Map Numbers 020-04-04-004, Containing approximately .70 + / - 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. 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. 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 ___________________, 2021, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2021. 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 18  EXHIBIT A Property Map York County Tax Map Number 020-04-04-004 19