Planning Commission

TOWN OF FORT MILL PLANNING COMMISSION MEETING April 18, 2023 112 Confederate Street 6:00 PM AGENDA APPROVAL OF MINUTES 1. Regular Meeting: March 21, 2023 [Pages 2-3] NEW BUSINESS ITEMS 1. Text Amendment: Mobile Food Vendors [Pages 4-9] An ordinance amending the zoning ordinance for the Town of Fort Mill; Article VI, Administration, Enforcement, Penalties, and Fees; Section 4.4, Mobile Food Vendors; To further amend the requirements for mobile food vendors; to provide for a public hearing; and to provide for other matters relating thereto. 2. Text Amendment: Election Signs [Pages 10-13] An ordinance amending the zoning ordinance for the Town of Fort Mill; Article II, Signs; Section 5.7, Election Signs; to amend the requirements for the removal of election signs following an election. INFORMATION AND DISCUSSION 1. Planning Commission: New Member 2. Continuing Education Class for PC members 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; WSOC, 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 March 21, 2023 112 Confederate Street 6:00 PM Present: James Traynor, Dan Stout, Mark Kerr, Sarah Curtis, Hynek Lettang, Matthew Lucarelli, Planner Zach Driggers, Planning Director Penelope Karagounis, Lauren Miller (Planning Department), Don Ferry (HELT Design), Natalie Honeycutt (The Learning Experience). Absent: Jason Therrell Chairman James Traynor called the Planning Commission meeting to order at 6:00 pm on Tuesday, March 21, 2023. Chairman Traynor addressed the board regarding conflicts and the recusal process. APPROVAL OF MINUTES Chairman Traynor gave an opportunity to the Planning Commission to review and comment on the February 21, 2023, Planning Commission meeting minutes. Commissioner Kerr made a motion to approve, and Commissioner Stout seconded the motion. The vote passed 6-0. OLD BUSINESS ITEMS 1. Commercial Appearance Review: The Learning Experience 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 The Learning Experience. Staff also noted the plans had been updated since the previous request that was deferred by the Commission in February of 2023. The Planning Department recommended approval of the request, contingent upon staff being able to approve minor adjustments. Don Ferry (architect) provided descriptions of the material samples of the building. Mr. Ferry referenced the comments from the previous Planning Commission and called the Commissioners attention to what was changed to meet the previous request. Mr. Ferry addressed the playground and fence changes, first. Mr. Ferry stated the fencing along the front of the building will be eliminated. The proposed black iron fence will be 4’ in height and around most of the perimeter and will meet the required spacing for childcare facilities. The playground area fence will be a 6’ white PVC fencing encompassing the playground; internal playground areas will be divided by age groups 2  (4 playground areas) with the same 4’ black iron fencing. The playground will be synthetic turf. The playground canopies will be blue, with an aluminum frame and cloth material that will cover the frame, specifically midnight blue. The awning on the front of the building, the dark bronze, will be standing seam metal; this will match the coping material. All the building storefronts are white with semi-tinted glass; this will be for all the windows. The metal doors will be the same white as the storefronts. The stone material will go around the skirt of the building and transition to EIFS. Mr. Ferry discussed the proposed EIFS alternative to address the variation comment. Mr. Ferry proposed an EIFS like material referenced as Sto EIFS System. Chairman Traynor asked Mr. Ferry about the durability of the proposed alternative material. Mr. Ferry stated that an impact resistant layer could be applied underneath the material. A discussion occurred amongst Mr. Ferry and the Commissioners regarding the proposed EIFS alternative. Mr. Ferry stated if the proposed EIFS material is not considered, Hardieplank would be an option. A discussion occurred regarding the difference between the two materials and durability. Commissioner Lucarelli noted his concern with the alternative product, that the Commission takes a firm stance regarding not having too much EIFS. Mr. Lucarelli noted being consistent with varying materials as opposed to making something look different. The Commissioners reached a consensus on the Hardieplank material as opposed to the EIFS alternative. Commissioner Traynor addressed the second access landscaping. Mr. Ferry stated that this area will be for future development. Commissioner Traynor requested additional planting material along Wolfpack Trail; Mr. Ferry indicated it would be ideally the same species as the rest of the site. Commissioner. Lucarelli addressed the rooftop HVAC screening. Mr. Ferry stated they will be concealed; the roof will slope toward Banks Rd. Mr. Lucarelli also addressed the back of the building requesting that both end caps of the building consist of proposed Hardieplank. Mr. Ferry stated that this could be done for both corners. Commissioner Lucarelli made a motion to approve the commercial appearance review for the Learning Experience with the condition for staff to have the ability to approve minor modifications to satisfy all comments and requirements with the additional request to continue the same landscaping pattern along Wolfpack Trail up to the Bypass. Additionally, the request for Hardieplank over the proposed alternative EIFS. Commissioner Kerr seconded the motion. The motion was approved by a vote of 6-0. Information and Discussion Planning Director Penelope Karagounis recognized Commissioner Lettang for his service of over ten years on the Towns Boards and Commissions. The meeting was adjourned at 6:37 pm. 3  Meeting Information Meeting Type Planning Commission Meeting Date April 18, 2023 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning X Text Amendment Case Type Subdivision Plat Appearance Review Other Property Information Applicant Fort Mill Town Staff Title AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE VI, ADMINISTRATION, ENFORCEMENT, PENALTIES, AND FEES; SECTION 4.4, MOBILE FOOD VENDORS; TO FURTHER AMEND THE REQUIREMENTS FOR MOBILE FOOD VENDORS; TO PROVIDE FOR A PUBLIC HEARING; AND, TO PROVIDE FOR OTHER MATTERS RELATING THERETO Background Information Background The Zoning & UDO subcommittee of Town Council met on March 1, 2023 to discuss concerns relating to the Town’s mobile food vendor regulations, particularly surrounding safety and making sure vendors were following all necessary protocols as far as receiving annual inspections from the Fire Marshal, having valid business licenses, and staying up to date with hospitality taxes. Following discussion, the committee recommended to remove the provision within the ordinance that didn’t allow overnight stays as well as to make the trucks permitted as an accessory use to any commercial use, thus putting the focus of the regulations solely on safety above all other matters. At Town Council’s March 13th meeting, the full Council heard the subcommittee’s recommendation and approved a motion to request staff to draft a text amendment addressing these items. The draft text amendment is attached for the Planning Commission’s consideration. 4  Alternatives 1. Recommend approval of the ordinance as drafted 2. Recommend approval of the ordinance with modifications 3. Recommend denial of the ordinance Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request April 12, 2023 Legislative History Planning Commission 04/18/2023: Scheduled First Reading TBD Public Hearing TBD Second Reading TBD Effective Date Upon Adoption Attachments  Draft Text Amendment 5  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2023‐__ AN ORDINANCE FURTHER AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE VI, ADMINISTRATION, ENFORCEMENT, PENALTIES, AND FEES; SECTION 4.4, MOBILE FOOD VENDORS; TO AMEND THE REQUIREMENTS FOR MOBILE FOOD VENDORS; TO PROVIDE FOR A PUBLIC HEARING; AND, TO PROVIDE FOR OTHER MATTERS RELATING THERETO Pursuant to the authority granted by the Constitution 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 Ordinance for the Town of Fort Mill; Article VI, Administration, Enforcement, Penalties, and Fees; Section 4.4, Mobile Food Vendors; is hereby amended to read as follows: 4) Mobile Food Vendors A. Purpose. The Town Council hereby finds that the unrestricted sale or distribution of food and beverage from mobile food vendors, when not regulated, may pose a danger to health, safety, and general welfare. The purpose of this section is to regulate mobile food vendors in a manner that protects the public health, safety, and general welfare, while also accommodating entrepreneurial activity, as well as an active and social pedestrian environment within appropriate areas of the Town of Fort Mill. B. Mobile Food Vendor Approval Process ‐ Business License, Fire Marshal Approval, and Hospitality Tax Remittance. All mobile food vendors must obtain and keep current a Fort Mill Fire Marshal approval (via annual inspections), obtain and keep current a Town of Fort Mill Business License (via annual renewals), and collect and remit hospitality taxes to the Town in accordance with the Town’s hospitality tax regulations (Article IV, Section 2.165 of the Town of Fort Mill Code of Ordinances). C. Permitted and Conditional Uses. Mobile food vendors that actively move to multiple sites primarily for the purpose of delivering food during one meal period are considered a permitted use in any district (such as but not limited to visiting active construction sites, industrial developments, or ice cream trucks). All other mobile food vendors are allowed to operate following the conditional use requirements listed in Section G of this ordinance and only on properties where the property owner has obtained a Mobile Food Vendor Operation Permit. D. Property Owner Approval Process ‐ Requirement for Mobile Food Vendor Operation Permit. It shall be unlawful for any property owner to allow the operation of a mobile food vendor on their property within the Town of Fort Mill without first obtaining approval by the Town’s Planning Department or Planning Commission (as applicable) of a Mobile Food Vendor Operation Permit. The Planning Director is authorized and shall establish an application form and submittal requirements for property owners to apply 6  for approval for the operation of a mobile food vendor on their property. Fees for Mobile Food Vendor Operation Permits may be established at the will of Town Council and included in the fee schedule of the adopted fiscal year budgets. E. Mobile Food Vendor Operation Permit – Locational Requirements. Approvals to property owners are only allowed in certain locations listed below: 1. As a part of an approved special event (Planning Department approval) 2. As an accessory use to a craft brewery or distillery (Planning Department approval) 3. As an accessory use to a school or church (Planning Department approval) 4. As an accessory use to a commercial establishment of more than 100,000 square feet (Planning Department approval) 5. At a space approved by the Planning Commission in a pedestrian‐oriented area such as downtown, a mixed‐use district, major park or venue, or employment campus. 6. Notwithstanding the above, no mobile food vendor shall be allowed to operate on a single‐family residential lot. F. Mobile Food Vendor Operation Permit – Operational Requirements. A Mobile Food Vendor Operation Permit shall only be approved for the operation of a mobile food vendor subject to the ability to meet the following requirements: 1. Location on Site: Mobile food vendors must be located to serve major pedestrian flows, event attendees, and on‐site customers. Vendors cannot be oriented to attract business from nearby roads or other off‐site areas. 2. Permission of Other Applicable Controlling Entities: Written consent to operate on the property must be obtained from any Homeowner’s Association, Property Owner’s Association, or similar entity with authority over the property. If the proposed location is within a Town right‐of‐way, the Town must provide written consent. 3. Allowable Mobile Food Vendors: Only mobile food vendors who have been approved by the Town of Fort Mill and have an active/valid Fire Marshal Approval and Town of Fort Mill Business License are allowed to operate on the property. It shall be unlawful for any other food truck to be allowed to operate on the property. 4. Safety: The unit must be parked in a location that does not create traffic or safety problems and does not impede the activities of other uses at the location. Examples include but are not limited to obstructing the visibility of motorists, interfering with parking lot circulation, blocking access to a public street, alley or sidewalk, or locating customer queuing that obstructs building entries or public walkways. 5. No Overnight Stays: No overnight stays shall be permitted: the unit cannot be left on site overnight.RESERVED 6. Planning Commission Approved Spaces: The Planning Commission has the authority to add additional conditions for any space they approve in order to 7  protect the health, safety, and general welfare of the public on a case‐by‐case basis. G. Conditional Use Requirements. Mobile food vendors operating as a conditional use must meet the following requirements: 1. Mobile food vendors must operate on property that has an approved Mobile Food Vendor Operation Permit and must operate in accordance with the conditions of the Mobile Food Vendor Operation Permit approval. 2. Town and State Approvals: A Town of Fort Mill Business License and DHEC inspection report shall be prominently displayed to the public in the food handling area of the vehicle during operation. Town of Fort Mill Fire Marshal approval shall be kept within the truck and made available upon request. 3. Alcohol: No alcoholic beverages shall be sold. 4. Safety: The unit must not create traffic or safety problems and must not impede the activities of other uses at the location. Examples include but are not limited to obstructing the visibility of motorists, interfering with parking lot circulation, blocking access to a public street, alley or sidewalk, or locating customer queuing that obstructs building entries or public walkways. 5. Signs: Only signs permanently affixed to or painted on the vehicle shall be permitted. Signs shall not project from the vehicle and shall not be illuminated. 6. Garbage: The vendor is responsible for removing all garbage from the site and for keeping the surrounds free from litter at all times. 7. Operators shall not cause any liquid wastes used in the operation to be discharged from the vehicle, with the exception of clean ice melt. 8. No Overnight Stays: No overnight stays shall be permitted: the unit cannot be left on site overnight.RESERVED 9. Restroom facilities: The vendor is responsible for securing access to proximately located restrooms for employees. H. Public Property and Special Events. Mobile food vendors requesting approval to operate on public property or as a part of a Town approved special event may be subject to additional applications, submittal requirements, and may be subject to additional and/or different or more restrictive requirements than those listed previously. I. Enforcement. A mobile food vendor found to be operating out of compliance with the requirements of this ordinance will be required to cease operations until such time that they are able to come into compliance. Mobile food vendors found operating out of compliance more than three (3) times in a business license year shall have their business license revoked and will not be able to operate within the Town of Fort Mill for the remainder of the business license year. Property owners found out of compliance more than three (3) times in a calendar year shall have their Mobile Food Vendor Operation Permit revoked and/or lose their ability to obtain a Mobile Food Vendor Operation Permit for a period of twelve months. 8  SECTION II. Severability. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. SECTION III. Conflicting Ordinances Repealed. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. Effective Date. This ordinance shall be effective thirty days after the date of adoption. SIGNED AND SEALED this _____ day of ___________________, 2023, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2023. 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 9  Meeting Information Meeting Type Planning Commission Meeting Date April 18, 2023 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning X Text Amendment Case Type Subdivision Plat Appearance Review Other Property Information Applicant Fort Mill Town Staff Title AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE III, SIGNS; SECTION 5.7, ELECTION SIGNS; TO AMEND THE REQUIREMENTS FOR THE REMOVAL OF ELECTION SIGNS FOLLOWING AN ELECTION Background Information Background The Zoning & UDO subcommittee of Town Council met on March 1, 2023 to discuss concerns relating to the Town’s regulations on election signs. The subcommittee discussed regulations from other municipalities throughout the state and determined that our regulations were very similar in nature. The subcommittee ultimately recommended to revise the time requirement for removal of elections signs following an election, changing it from 7 days to 48 hours following an election. At Town Council’s March 13th meeting, the full Council heard the subcommittee’s recommendation and approved a motion to request staff to draft a text amendment to change the requirement for removal of signage following an election. The draft text amendment is attached for the Planning Commission’s consideration. 10  Alternatives 1. Recommend approval of the ordinance as drafted 2. Recommend approval of the ordinance with modifications 3. Recommend denial of the ordinance Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request April 12, 2023 Legislative History Planning Commission 04/18/2023: Scheduled First Reading TBD Public Hearing TBD Second Reading TBD Effective Date Upon Adoption Attachments • Draft Text Amendment 11  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2023-__ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE III, SIGNS; SECTION 5.7, ELECTION SIGNS; TO AMEND THE REQUIREMENTS FOR THE REMOVAL OF ELECTIONS SIGNS FOLLOWING AN ELECTION Pursuant to the authority granted by the Constitution 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 Ordinance for the Town of Fort Mill; Article III, Signs; Section 5.7, Election Signs; is hereby amended to read as follows: 5.7) Election signs, provided: A. Such signs shall not be located on public property or in the public right-of-way and must be confined wholly to placement on private property, with permission of the property owner. B. Such signs shall not be placed earlier than 60 days prior to the election to which they apply and much be removed within 48 hours after the election. C. Such signs shall not exceed 6 square feet in area and shall not exceed a height of 4 feet. SECTION II. Severability. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. SECTION III. Conflicting Ordinances Repealed. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. Effective Date. This ordinance shall be effective upon adoption. SIGNED AND SEALED this _____ day of ___________________, 2023, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2023. 12 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 13