Planning Commission

TOWN OF FORT MILL PLANNING COMMISSION MEETING November 15, 2022 112 Confederate Street 6:00 PM AGENDA APPROVAL OF MINUTES 1. Regular Meeting: August 16, 2022 and October 18, 2022 [Pages 2-9] NEW BUSINESS ITEMS 1. Annexation Request: Stephen Trull [Pages 10-24] An ordinance annexing portion of York County Tax Map Numbers 7090000057 located on Tom Hall Road with approximately +/- 0.776 acres. 2. Commercial Appearance Review: Next Level Kidz (Brad Teaver) [Pages 25-35] A request from Brad Teaver from Next Level Kidz to grant commercial appearance review approval for a proposed 10 x 30 wood deck at 1462 N. Dobys Bridge 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 August 16, 2022 112 Confederate Street 6:00 PM Present: James Traynor, Dan Stout, Hynek Lettang, Mark Kerr, Jason Therrell, Sarah Curtis, Matthew Lucarelli, Planner II Zach Driggers, Planning Director Penelope Karagounis, Nicholas James Manfried Eggers (Harrison French & Associates), Thomas Benke (Harrison French & Associates) Absent: Chairman James Traynor called the Planning Commission meeting to order at 6:00 pm on Tuesday, August 16, 2022. APPROVAL OF MINUTES Chairman Traynor gave an opportunity to the Planning Commission to review and comment on the July 19, 2022, meeting minutes. Hearing no other corrections, Chairman Traynor called for a motion. Commissioner Lettang made a motion to approve the minutes and Commissioner Stout seconded the motion. The minutes for July 19,2022 were approved with by a vote of 7-0. NEW BUSINESS ITEMS 1. Commercial Appearance Review: Love’s Travel Stop Planner Zach Driggers presented the staff report and provided a brief overview of the request, the purpose of which was to grant commercial appearance review approval for Love’s Travel Stop to the existing tire shop facility located at 135 Sutton Ridge Lane. The Planning Department recommended approval of the request, contingent upon staff being able to approve minor adjustments. Discussion occurred among the Commissioners relating to location, visibility, and the current existing use. The applicant representing Love’s, Mr. Eggers, with Harrison French & Associates, responded with an overview of the proposed addition. Chairman Traynor asked about the current building materials. The applicant stated that the proposed material will correspond with the exact same material that was originally approved. The applicant stated that the material is metal paneling but has a stucco finish. 2 Discussion occurred among the Commissioners regarding the Planning Commissions stance on metal paneling and consistency. The applicant clarified that while the material is metal paneling, the finish will be a stucco finish resembling an EFIC façade. Discussion occurred regarding the durability of the material. The applicant advised that the paneling will be a prefinished material. Commissioner Lettang emphasized being fair to the applicant since the original building was approved by the Planning Commission. The applicant shared current site photos with the Commissioners. Discussions occurred with the Planning Commission relating to the site. Discussion occurred relating to the fading of the original material versus the new addition standing out. After no further questions or comments Chairman Traynor asked for a motion. Commissioner Stout 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, along with the stipulation that the old siding be upgraded and improved in accordance with the new siding. Commissioner Kerr seconded the motion. The motion was approved by a vote of 6-1. Commissioner Lucarelli opposed. INFORMATION AND DISCUSSION 1. Continuing Education Class Planning Director Karagounis mentioned to the Commissioners that a continuing education class will take place on Thursday, September 29, 2022, at 6:00 pm. The class is 1.5 hours which will be virtual and David Hooper from RFATS will be the guest speaker. There being no further business, the meeting was adjourned at 6:36 pm. 3  MINUTES TOWN OF FORT MILL PLANNING COMMISSION MEETING October 18, 2022 112 Confederate Street 6:00 PM Present: James Traynor, Dan Stout, Hynek Lettang, Jason Therrell, Matthew Lucarelli, Senior Planner Alex Moore, Planning Director Penelope Karagounis, Wesley H., Lynn Wilson, Chris Robusto, Melissa Burklin, Ben Hudgins, and Andreas Schuhmacher Absent: Mark Kerr, Sarah Curtis, Chairman James Traynor called the Planning Commission meeting to order at 6:00 pm on Tuesday, October 18, 2022. DISCUSSION OF MINUTES There were no minutes to approve since there was not a meeting on September 20, 2022. However, staff provided information that the August 2022 Planning Commission meeting minutes will be on the agenda in November for the Planning Commission to review and approve. NEW BUSINESS ITEMS 1. Annexation Request: Shirley Wilson Sexton and Debra Wilson submitted by Chris Robusto, DRB Group Planning Director Penelope Karagounis read the staff report. Chris Robusto from DRG Group would like to annex York County Tax Map Number 704-00-00-002 and 705-00- 00-012 which consists of vacant land located at the intersection of JW Wilson Road and 537 Canyon Trail. The applicant has requested to annex +/- 40.16 acres of this property. Pending successful annexation, the applicant proposes to combine the two parcels to develop a subdivision with 80 single-family homes. The R-10, One-Family Residential District allows for low-to-medium density residential purposes. The regulations which apply within this district are designed to encourage the formation and continuance of a stable, healthy environment for one-family dwellings situated on zoning lots having an area of 10,000 square feet or more. Minimum lot width measured at the building line is 75 feet; front setback is 35 feet; side setback is 10 feet; and rear setback is 35 feet. 4 The property is located within an area that has been designated as “Residential – Low Density” on the Town of Fort Mill’s Future Land Use Map from December 2020. This land use category is intended for single family detached neighborhoods with up to two dwellings units per acre. The neighborhoods character is not simply limited to the number of allowed dwelling units per acre. Low density residential neighborhoods typically have average lot size of 25,000 square feet or greater, lack off-street pedestrian facilities and have larger setbacks. The annexation/rezoning request for R- 10 does not meet the intent of the future land use map with the Town of Fort Mill 2040 Comprehensive Plan. The annexation development application required the completion of a traffic impact analysis (TIA). Preparation of the TIA was completed by the Town’s traffic engineering consultant and included coordination with SCDOT and the County. 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. The applicant Chris Robusto from DRB Group which is Dan Ryan Builder Group (also known as the residential single-family component of their parent company Crescent Homes who built Masons Bend subdivision) provided a brief presentation and introduction for their proposal to why they would like to annex and rezone to R-10 for a future site of an 80-unit single-family homes. He mentioned this subdivision would have no vinyl and have quality architectural standards. Mr. Robusto mentioned the proposed property was not landlocked but had easements to the property. He will buy the easements to be able to upgrade the gravel road to a paved ditched road with York County standards if he is able to build a subdivision. He has had discussions with Darin Wilson to buy right-of-way for a future access road into his proposed subdivision. Mr. Robusto he is proposing the roads in his subdivision would be private roads and not be the responsibility of the Town to maintain. He is also proposing to donate 4 to 5 acres to the Town, where he can connect trails to the existing Banks Athletic Park, build either a splash pad for children or a splash pad for dogs where he would dedicate $100,000 to the Town to use for this proposed park that would be open to all residents. He also mentioned that a TIA was completed, and he is in the final stages of signing the Transportation Mitigation Agreement. Chairman Traynor mentioned the park addition is a nice proposal for the proposed subdivision. He asked if this land was buildable, and Chris Robusto mentioned it was suitable land to build a park and it was not in floodplain. Chris Robusto said he would build something that the Town desires with his $100,000 contribution to the park. Planning Director Penelope Karagounis states these are great questions, but we need to keep in mind tonight we are hearing the proposal for an annexation/rezoning request and not a subdivision request. Also, some of these extra details and contributions can 5 be reflected in a development agreement. The annexation/rezoning request proposal does qualify to enter in a development agreement because the two properties are over 25 acres. However, this is not our decision or the Planning Commission’s decision to enter in a development agreement. These discussions can be made with Town Council if Town Council and Mr. Chris Robusto would like to enter in a development agreement. Director Karagounis explained how the development agreement can lock in the agreements between the two parties to make sure these contributions are being met. The Planning Commission members discussed how the proposal has 2 units per acre, but the lot size is much smaller than the intent of the future land use map designation of low density residential. The low-density residential neighborhood typically has an average lot size of 25,000 square feet or greater and this proposal has a minimum lot size of 10,000 square feet. Commissioner Lucarelli suggested perhaps the residential zoning designation should be R-15 or R-25. Mr. Robusto mentioned the impact of the cost of building a better County Road to access the property is not feasible to have a residential subdivision of less than 80 units and therefore he is asking for the R-10 zoning classification if these parcels are annexed into the town limits of Fort Mill. Commissioner Lettang mentioned the zoning proposal is going against the future land use map and we should not go against the future land use map. Chairman Traynor did mention in the past, Town Council has amended the future land use map in the Comprehensive Plan. Planning Director Karagounis said that during her time here at the Town, we have amended the future land use map during the rewrite of the 2040 Town of Fort Mill Comprehensive Plan and during the Crossroads MXU, Development Agreement process. One of the requirements to enter in a development agreement, is if the project meets the future land use map. The Town needed to amend the future land use map with Crossroads to enter in a development agreement. There is a process that we have done in the past where it goes through the Planning Commission and then Town Council for a vote to amend the future land use map. At this time, staff has not received any notice to amend the future land use map in this area. Therefore, the properties in consideration for the annexation/rezoning request to R-10 is designated as low density residential on the future land use map. Planning Director Karagounis mentioned that the past 7 months, we have worked with Chris Robusto and our traffic consultant Kimley-Horn to conduct a Traffic Impact Analysis for the annexation/rezoning request. The TIA has been completed and approved and we are waiting for the applicant to sign the Transportation Mitigation Agreement. Commissioner Lettang asked if the citizens have been informed about this annexation/rezoning request. Planning Director Karagounis mentioned that the public hearing is not until the Town Council meeting, so we do not provide notices to the public at the Planning Commission level. A public notice is only submitted to the media 15 days before the public hearing at Town Council and 15 days before the public hearing 6  Planning Staff does post the property for the upcoming Public Hearing meeting at Town Council. Staff did receive one email from an adjacent property owner asking questions about the annexation/rezoning request of DRB Group. Chris Robusto mentioned that he reached out to the Waterside at Catawba HOA and they were not able to meet with him due to changes of the HOA board. He plans to meet with them at the HOA earliest convenience. Commissioner Lettang mentioned that he did not see a recommendation line from the Planning staff in the report. Planning Director Karagounis mentioned that Planning staff does not state a recommendation in the staff report but only state if this annexation/rezoning request meets the criteria to apply for an annexation. There was discussion on how the area has changed dramatically in the vicinity of this property. The surrounding properties have been approved with either development agreements and MXU zoning or with a zoning district of R-5 that no longer exists for the regulations of the Town of Fort Mill. Chairman Traynor stated Town Council will need to make the decision if they will enter in a development agreement with the applicant. There could be discussions of look into another residential district if Town Council decides to annex the two properties. Commissioner Lucarelli mentioned it is a slippery slope to recommend approval when it does not comply with the future land use map. Commissioner Stout made a motion to recommend approval of the annexation/rezoning request of R-10 and Commissioner Therrell seconded the motion. The Planning Commission made a recommendation to approve the annexation/rezoning request by a vote of 3-2. 2. Final Plat Amendment: Pecan Ridge Phase II, Map 1 Senior Planner Alex Moore provided a brief overview of the request, the purpose of which was to review and consider granting approval of a revised final plat. The request was submitted by the applicant, R. Joe Harris & Associates. The property owner is Pecan Ridge Homeowner’s Association. The property is zoned R-5. The current parcel consists of 21.8 acres and is part of Pecan Ridge Phase II, Map 1 final plat. The applicant has applied for a revision of this final plat with the proposal for the creation of a lot consisting of 6,751 square feet (0.155-acre). The purpose of this is so that the existing sewer pump station will be on a unique, individual lot. A sewer pump station is permitted within the R-5 zoning district as a public utility. The conditional requirements for such a use are met: (1) Such use is enclosed by a fence or wall at least six feet in height, or by some other screening material deemed appropriate as part of the appearance review process. 7  (2) There is neither office nor commercial operation nor storage of vehicles or equipment on the premises. (3) A landscaped strip not less than ten feet in width is planted and maintained around the facility. Senior Planner Moore then noted the attachments to the staff report and application which included a letter from the town engineer indicating the necessity of the final plat revision, photographs of the site, the existing final plat, and the proposed, revised final plat. Moore stated that creation of this lot could not be done administratively due to the development agreement for Pecan Ridge not including language to allow for such an administrative action. Thus, only Planning Commission can give final approval of the revised final plat as proposed. Moore then asked the Planning Commissioners if there were any questions about the application for the revised final plat as submitted. Chairman Traynor asked for confirmation that the lot being subdivided was indeed the proposal and that the pump station was already there. Moore confirmed that the pump station was in place and operational and that the proposed lot was being created due to Town of Fort Mill Utility Department requirements. Senior Planner Moore then indicated that Melissa Burklin with LGI Homes was in attendance if Planning Commissioners wished to ask her any questions. LGI Homes is the project developer. Chairman Traynor indicated that he was satisfied with the existing natural landscaping that was in place around the pump station. Planning Commissioner Dan Stout asked how the pump station was currently shown on the existing final plat. Senior Planner Moore clarified the existing location of the proposed lot on the current final plat and indicated that the pump station was now located within a larger 21.8-acre parcel of property. The proposal was now to create the smaller, 6,751 square foot parcel within this larger tract. The newly created parcel would then be deeded to the Town of Fort Mill. Planning Commissioner Dan Stout noted that Planning Commission had seen a similar case before. Moore indicated that there had been a similar case within The Forest at Fort Mill where a lot was created so that an existing pump station would be located within an individual lot to be deeded to the Town of Fort Mill. Planning Commissioner Matt Lucarelli then asked if this parcel needed to have frontage on a public road. Senior Planner Moore responded that there was no language in the ordinance to require that a public utility such as this to have public road frontage. He stated that the proposed lot did meet minimum lot size and lot width requirements for the R-5 zoning district. He indicated that requiring deed road frontage necessitate, in this instance, conveying property from existing lots which could possibly create non-conforming residential lots. The current condition of an easement across the two residential lots, along with a paved access road within the easement, 8 seemed to work well for this pump station. However, he noted that Mr. Lucarelli’s question was well-taken and a good one. Planning Commissioner Dan Stout then asked who owned the easement. Chairman Traynor stated that the town owns the easement. Planning Commissioner Stout then asked who was responsible for the maintenance of the easement. Senior Planner Moore asked Ms. Melissa Burklin of LGI Homes if she was aware of any agreements on the maintenance of this respective easement. Ms. Burklin stated that it was her understanding that there would be language in the deed which indicated that maintenance of the easement would be the responsibility of the Town of Fort Mill. Planning Director Penelope Karagounis stated that this was her understanding as well. Chairman Traynor stated that in his experience in dealing with the county utilities department on such easements that the county would ultimately take over maintenance of such easements. He then stated that he believed that the current action to create a new lot by way of the final plat revision is a routine request. There being no other comments or questions, Chairman Traynor entertained a motion. Planning Commissioner Lucarelli made a motion to approve the application for the proposed revision of the Pecan Ridge Phase II, Map 1 final plat, resulting in the creation of a lot consisting of 0.155- acre parcel as submitted. Planning Commissioner Lettang seconded the motion. The final plat was approved by a vote of 5-0. There being no further business, the meeting was adjourned at 7:05 pm. 9  Meeting Information Meeting Type Planning Commission Meeting Date November 15, 2022 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary X Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review Other Property Information Applicant Stephen Trull (3D3 LLC) Property Owner Stephen Trull (3D3 LLC) Property Location Tom Hall Street Tax Map Number Portion of 709-00-00-057 Acreage ± .776 Current Zoning RSF-40 (York County) Proposed Zoning HC, Highway Commercial (Town of Fort Mill) with the Tom Hall Corridor District Existing Use Undeveloped land with a gravel driveway and a shed on the property Title An ordinance annexing a portion of York County Tax Map Number 709-00-00-057 located on Tom Hall Street behind 1193 Kanawha Court with approximately +/- .776 acres. Background Information Site The subject parcel, portion of York County Tax Map Number 709-00-00-057, consists Characteristics of undeveloped land with a gravel driveway and a shed located on Tom Hall Street behind 1193 Kanawha Street. The portion of the property is subject to the request to be annexed into the Town and it fronts on Tom Hall Street. The remainder portion of York County Tax Map Number 709-00-00-057, which is a single-family home (1193 Kanawha Court), will remain in the county. The applicant does not have a proposed use at this time for the property but would like for the property to be zoned HC, Highway Commercial if the portion of the property is annexed into the Town. 10 Neighboring Direction Zoning Existing Use Uses North GR-A (Town) Residential (Ashbrook Villas) South RSF-40 (County) Single-Family Residential (Kanawha Hills) East RSF-40 (County) Single-Family Residential (Kanawha Hills) West RSF-40 (County) Single-Family Residential and Shell Rapid Lube and HC (Town) and Service Center Zoning Summary The property is currently zoned RSF-40, Residential Single-Family 40 District. The RSF- 40 district (County) accommodates detached single-family residential uses and compatible institutional and non-residential land uses on lots generally with a minimum area of 40,000 square feet. The applicant has requested a zoning designation of HC. The HC district is intended for a variety of commercial and office uses. If annexed, the property would also become subject to the Tom Hall Street Corridor District (THCD). The applicant would like to subdivide their property and only annex and rezone +/- .776 acres of the parcel to commercial. Currently, the property owner does not have a potential buyer and does not know the future commercial use for the property. Comprehensive Plan The property is located within an area that has been designated as “Low to Moderate Residential Density” on the Town of Fort Mill’s Future Land Use Map last updated in December 2020. This land use category is for single family detached neighborhoods with up to 3 dwelling units per acre. Moderate density residential development will have average lot sizes of 15,000 square feet, many have off-street pedestrian facilities and average setbacks. Though the parcel is designated as “Low-Moderate Residential Density”, the property is adjacent to a Highway Commercial District. The property is less than 2 acres in size and the zoning ordinance specifies the zoning designation should be an extension of an existing district. The HC designation is consistent with the adjacent parcel that fronts on Tom Hall Street. 11 Traffic Impact Currently, the applicant does not have a proposed use for the site. However, applicant knows that before the site can be developed a TIA must be completed and approved. Fire Impact The property is located approximately 1.3 miles (4 minutes) ordinary driving distance from the Town’s main fire station on Tom Hall Street. Utility Impact The subject property is located within the Town’s service area and would be served by the Town’s water and sewer system. As with all other projects, any upgrades necessary to provide utility service to the site would be the responsibility of the applicant. School Impact The proposed zoning request is HC, Highway Commercial District and there is no anticipated impact to the Fort Mill School District with the applicant’s request. Discussion The property is contiguous to the Town limits and is, therefore, eligible for annexation. The .776 acres is the portion of the property that is subject to the request for annexation and rezoning to HC. This portion will front on Tom Hall Street and the property is currently undeveloped land with a gravel driveway and shed on site. 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 any construction approvals. Any 12  improvements deemed necessary as a result of the TIA would be the responsibility of the owner/developer. The applicant does not have a potential commercial use for the site at this time and they understand before the site is developed for a commercial use, a TIA will be required before any construction. Alternatives 1. Recommend approval of the annexation ordinance with a zoning designation HC, Highway Commercial 2. Recommend approval of the annexation ordinance with an alternate zoning designation 3. Recommend denial of the annexation request. Agenda Action Item Agenda Action Item These parcels meet Town of Fort Mill criteria for an annexation request Name & Title Penelope Karagounis, Planning Director Department Planning Department Date of Request October 11, 2022 Legislative History Planning Commission 11/15/2022: Scheduled First Reading 12/12/2022: Tentative Public Hearing 12/12/2022: Tentative Second Reading 01/09/2023: Tentative Attachments • Annexation Application • Aerial Map • Zoning Map • Draft Ordinance 13 14 15 16 17 Aerial Map 18 Zoning Map 19  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2022-___ AN ORDINANCE ANNEXING THE PROPERTY CURRENTLY OR FORMERLY KNOWN AS A PORTION OF YORK COUNTY TAX MAP NUMBER 709-00-00-057 CONTAINING APPROXIMATELY .776 +/- ACRES WHEREAS, a proper petition was submitted to the Fort Mill Town Council on October 11, 2022, by Stephen Trull, 3D3, LLC (the “Property Owner”), requesting that a portion of York County Tax Map Number 709-00-00-057, such parcel being owned fully by the Property Owner, be annexed to and included within the corporate limits of the Town of Fort Mill under the provisions of S.C. Code Section 5-3-150(3); and WHEREAS, the Planning Commission of the Town of Fort Mill, in a duly called meeting, reviewed the request and forwarded their recommendation to Town Council; and WHEREAS, a public hearing was advertised and held on ----------------------------- during a duly called regular meeting of the Town Council of the Town of Fort Mill; and WHEREAS, Section 5-3-150(3) of the Code of Laws of the State of South Carolina, as amended, provides that any area or property which is contiguous to a municipality may be annexed to the municipality by filing with the municipal governing body a petition signed by all persons owning real estate in the area requesting annexation. Upon the agreement of the governing body to accept the petition and annex the area, and the enactment of an ordinance declaring the area annexed to the municipality, the annexation is complete; and WHEREAS, using the definition of “contiguous” as outlined in S.C. Code Section 5-3-305, the Town Council has determined that the above referenced property is contiguous to property that was previously annexed into the corporate limits of the Town of Fort Mill; and WHEREAS, the Town Council has determined that annexation would be in the best interest of both the property owner and the Town of Fort Mill; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Fort Mill in Council assembled: SECTION I. Annexation. It is hereby declared by the Town Council of the Town of Fort Mill, in Council assembled, that the incorporated limits of the Town of Fort Mill shall be extended so as to include, annex and make a part of said Town, the described area of territory above referred to, being more or less .776 +/- acres, the same being fully described in Exhibit “A” attached hereto, and contiguous to land already within the Town of Fort Mill. Pursuant to S.C. Code Section 5-3-110, this annexation shall include the whole or any part of any street, roadway, or highway abutting the above referenced property, not exceeding the width thereof, provided such street, roadway or highway has been accepted for and is under permanent public maintenance by the Town of Fort Mill, York County, or the South Carolina Department of Transportation. 20  SECTION II. Zoning Classification of Annexed Property. The above-described property, upon annexation into the corporate limits of the Town of Fort Mill, shall be zoned, as follows: HC Highway Commercial District. SECTION III. Voting District. For the purpose of municipal elections, the above-described property, upon annexation into the incorporated limits of the Town of Fort Mill, shall be assigned to and made a part of Ward Three (3). SECTION IV. Notification. Notice of the annexation of the above-described area and the inclusion thereof within the incorporated limits of the Town of Fort Mill shall forthwith be filed with the Secretary of State of South Carolina (SCSOS), the South Carolina Department of Public Safety (SCDPS), and the South Carolina Department of Transportation (SCDOT), pursuant to S.C. Code § 5-3- 90(E). SECTION V. Severability. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. SECTION VI. Effective Date. This ordinance shall be effective from and after the date of adoption. SIGNED AND SEALED this _____ day of ___________________, 2022, 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 21  EXHIBIT A Property Description All those certain pieces, parcels or tracts of land lying, being and situate in Fort Mill Township, County of York, State of South Carolina, containing .776 acres, more or less, containing all the property shown in the map attached as Exhibit B, and being more particularly described as a portion of York County Tax Map Number 709-00-00-057. Pursuant to S.C. Code Section 5-3-110, this annexation shall include the whole or any part of any street, roadway, or highway abutting the above referenced property, not exceeding the width thereof, provided such street, roadway or highway has been accepted for and is under permanent public maintenance by the Town of Fort Mill, York County, or the South Carolina Department of Transportation. 22  EXHIBIT B Property Map Portion of York County Tax Map Number 709-00-00-057 23 24  Meeting Information Meeting Type Planning Commission Meeting Date November 15, 2022 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 Subdivision Plat X Appearance Review Other Property Information Applicant Brad Teaver Property Owner Next Level Kidz Holding LLC Property Location 1462 N Dobys Bridge Rd Tax Map Numbers 020‐11‐01‐110 Acreage 7.9 ± Current Zoning R‐15 Existing Use Next Level Kidz (Daycare) Title Request from Brad Teaver – Next Level Kidz – to grant commercial appearance review approval for a proposed 10 x 30 wood deck at 1462 N. Dobys Bridge Road. Background Information Site Characteristics The property is located at 1462 N. Dobys Bridge Rd. The overall property consists of two buildings operated as Next Level Kidz Daycare. Neighboring Uses Direction Zoning Existing Use North RMX‐20 Valero Gas Station South RSF‐40 Single family residential East GR‐A Vacant / Multi‐family West R‐25 Single family residential 25 Zoning Summary The site is currently zoned R‐15. Daycare facilities are an allowed use. The use is existing. The minimum setback requirements are 35 feet in the front and rear, and 10 feet on both sides. Applicant Proposal The applicant is proposing a 10 x 30 wood deck on the back of an existing building at 1462 N. Dobys Bridge Rd. The proposed location and plan have been provided (attached). Staff The site plan is pending review by town staff. Should the Planning Recommendation Commission wish to grant commercial appearance review approval, staff would request the inclusion of language in the approval motion to allow for minor modifications to be made to accommodate comments or concerns identified by staff. The site plan generally complies with all zoning requirements. Staff recommends in favor of approval, with a condition allowing staff to approve minor adjustments to the site plan to satisfy the comments and requirements made by staff. Alternatives 1. Grant commercial appearance review approval. 2. Grant commercial appearance review approval with conditions. 3. Deny commercial appearance review approval. Staff Recommendation Staff recommends in favor of APPROVAL for the request, conditioned upon allowing staff to administratively approve minor adjustments to the Recommendation site plan to satisfy the comments and requirements made by staff Name & Title Zach Driggers, Planner II Department Planning Department Date of Request November 15, 2022 Legislative History Planning Commission 11/15/22: Scheduled Attachments  Aerial Map  Zoning Map  Proposed Plans 26 Aerial Map 27 Zoning Map 28  Town of Fort Mill Commercial Building/Zoning Permit Application PLANNING & DEVELOPMENT SERVICES Development Center • 200 Tom Hall St., Fort Mill, SC 29715 • (803) 547-2034 Email: developmentcenter@fortmillsc.gov Permit # Date 10/21/2022 Tax Map # 020-11-01-110 Street Address 1462 N. Dobys Bridge Rd. Fort Mill, SC 29715 Suite/Unit/Space# Tenant/Business Name Next Level Kidz Applicant Brad Teaver Address 6004 Majorie St. Phone # 678-480-7133 E-mail brad.teaver@nextlevelkidz.com Contractor NA Address SC License # SC License Classification SC License Limitation Phone # E-mail New Construction Renovation/Alteration Addition Change in Use/Occupancy Upfit Type of Work Emergency Repair Parking Lot Demolition Fence/Wall Site Plan Adding 10x 30 deck on the back of building Description of Work Building Height # of Floors 1 Gross Sq. Ft. Building Footprint # of Buildings # of Units Construction Type Occupancy Group Use Classification Educational Sprinkler System NA Lot Coverage % Is the activity described in this permit application contrary to, in conflict with, or prohibited by any recorded covenant on this tract or parcel of land? Yes No Is this parcel located within a floodway and/or floodplain? Yes No Signature Contract Value 4000 **The applicant certifies information on this application is true and correct. If any information is false or misleading, the permit shall be considered void. *NOTE: SUBCONTRACTORS MUST OBTAIN INDIVIDUAL TRADE PERMITS FOR ELECTRICAL, MECHANICAL, PLUMBING, & GAS. SUBCONTRACTORS MUST PROVIDE THE GENERAL CONTRACTOR'S PERMIT # FOR A NO COST PERMIT, OTHERWISE THE SUBCONTRACTOR WILL BE RESPONSIBLE FOR PAYMENT OF PERMIT FEES 29 Permit Fee: $ Issuer: 85.06' 56.3168' 92.02' 123.90' SLATE 30 31 32 33 34 35