Planning Commission

TOWN OF FORT MILL PLANNING COMMISSION MEETING November 21, 2023 112 Confederate Street 6:00 PM AGENDA CALL TO ORDER APPROVAL OF MINUTES 1. Regular Meeting: October 17, 2023 [Pages 2-17] NEW BUSINESS ITEM 1. Annexation Request: Ron Burnier [Pages 18-31] An ordinance annexing York County Tax Map Number 709-00-00-020 containing approximately 1.133 +/- acres located at 950 Nauvasee Trail. 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 October 17, 2023 112 Confederate Street 6:00 PM Present: James Traynor, Dan Stout, Jason Therrell, Sarah Curtis, Matt Lucarelli, Erin Pratt, Planning Director Penelope Karagounis, Senior Planner Alex Moore, Planner II Zach Driggers, Ben Hudgins (Town Council Member), Walter Fields (Walter Fields Group, Inc.), Ed Bowers (Fort Mill Vision Center), Shannon Boling (David Weekley Homes/Crossroads), Jeff Surrency (Morgan Group/Crossroads), O. H. Powers (Crossroads), Ted Barnes (Durban Development Group), Robert Reed (Bible Baptist Church), Janet Hefney (Prostead Realty), Jessica Marsh (Pulte Group), J. Powers (Resident), Carmen Hamilton (Resident), John Holcomb (Kimley- Horn/Crossroads), Tori Alexander (Pappas Properties/Crossroads), Andrew Gansner(Kimley-Horn/Crossroads), Teresa Sword (Resident), Krista Lak. (Spelling unreadable/Resident), Peter A. Pappas (Pappas Properties/Crossroads), Jim Shumacher (Pappas Properties/Crossroads) Absent: Mark Kerr Chairman James Traynor called the Planning Commission meeting to order at 6:00 pm on Tuesday, October 17, 2023. APPROVAL OF MINUTES Chairman Traynor gave an opportunity to the Planning Commission to review and comment on the September 19, 2023, Planning Commission meeting minutes. Chairman Traynor had some grammatical edits for staff to revise. Commissioner Stout made a motion to approve the minutes with those edits, and Commissioner Curtis seconded the motion to approve with edits. The vote passed 6-0. NEW BUSINESS ITEMS 1. Commercial Appearance Review: Fort Mill Vision Center The applicant is proposing to enclose a portion of the existing 2,022 square feet building and increasing the overall heated area by 111 square feet; creating a new total 2,133 2  square feet. Principally the Planning Commission is tasked with looking at the materials used for the building design. The materials for the proposed improvements are to match the existing siding and color. Elevations were provided for the Planning Commission. Commissioner Stout asked if there will be a door in this area. The applicant stated no doors or windows because this area will be converted to two eye examination areas. Commissioner Stout if the enclosure will have the same color as the rest of the building and the applicant said the color will match to existing building. Commissioner Lucarelli made a motion to approve the commercial appearance review for the Fort Mill Vision Center pending review by Town staff and to allow for any minor modifications to be made by staff. Commissioner Curtis seconded the motion, and it was approved by a vote of 6-0. 2. Commercial Appearance Review: Bible Baptist Church - 255 US 21 Bypass The Bible Baptist Church is proposing a new accessory building to the rear of the property located at 255 Highway 21, Bypass South. Applicant is proposing: • 16’ x 24’ storage building with 8’ walls and overall height of 11’ 11” • Material: LP SmartSide engineered wood • The building floor will be concrete. • Building intended to be used primarily for storage of table, chairs, etc. Staff has only one comment so far, that the proposed building be no closer to the street than the existing flex building. The applicant stated the building is an engineered wood frame building with antifungal wood. He passed around to the Planning Commission members a sample of the wood. It will be painted to match the existing structure on the site. Commissioner Stout asked if there would be a walkway from the gymnasium to the storage building and the applicant said yes. Chairman Traynor stated that because the accessory building is very small, we are not asking for more details of the design of the building. Commissioner Stout made a motion to approve the commercial appearance review for the Bible Baptist Church accessory building pending review by Town staff and to allow for any modifications to be made by staff. Commissioner Therrell seconded the motion, and it was approved by a vote of 6-0. 3 3. Final Plat: Patterson Pond Senior Planner Alex Moore provided an overview of the proposed Patterson Pond final plat as submitted. Pulte Homes, the applicant, submitted the final plat for review by staff and then planning commission as this project is not zoned MXU, nor does it have a development agreement. Therefore, such subdivisions must obtain preliminary and final plat approval from planning commission. Senior Planner Moore noted that the Patterson Pond final plat contained 19 single family lots and consists of 8.12 acres located on W. Hensley Road. The property abuts the Savannah Place subdivision to the east and the Heritage Court subdivision to the north. This is an R-5 project. The R-5 district is a legacy district, which exists in Fort Mill to preserve the conforming status of exiting or approved developments and to allow for consistency in development of areas zoned R-5. Under the current zoning standards in Fort Mill, no new legacy districts will be added beyond those that currently exist. The R-5 zoning district does provide for smaller lot sizes with a minimum of 5,000 square feet required. Patterson Pond’s minimum lot size is 6,233 square feet, which is lot 9 as shown on the final plat. In R-5 there is a minimum open space requirement of 20% of the site. Patterson Pond provides 38% open space. There is also an external buffer requirement of 35’ which may be reduced by 25% with an opaque fence. This has been done at Patterson Pond. Additionally, with R-5, sidewalks are required on both sides of internal streets. Moore stated that this project was originally designed for 24 lots. As some of you may recall this came to planning commission in the form of a sketch plan in June 2020. That plan iteration included 24 lots. With the sketch plan, the town’s consulting traffic engineering firm determined that a transportation impact analysis was not required based on the number of daily and peak hour trips. With 24 lots, there were 280 total, daily trips along with 22 AM peak hour trips and 26 PM peak hour trips. This fell below the TIA threshold of 400 daily trips and 100 peak hour trips. At the 2020 PC meeting, planning commission expressed concern regarding the overall density of 24 lots and lack of usable open space. Thus, with the preliminary plat submittal, the applicant reduced the number of lots by five and added usable open space in the form of a trail and gazebo area. The preliminary plat for the Patterson Pond project was presented to Planning Commission by Land Investment Resources on November 16th, 2021. At this meeting, Planning Commission approved the preliminary plat, which consisted of 19 lots (2.34 DU/AC). The approved preliminary plat included additional, usable open space. After preliminary plat approval, the property was acquired by Pulte, who then prepared civil construction plans for submittal and administrative review. To sum up, the proposed 4  final plat includes 19 lots for a project density of 2.34 DU/AC. 3.16 acres (38%) within the project parcel are devoted to open space. This exceeds the minimum requirement of 20% open space. The proposed final plat has been approved by all town departments, including the town engineer, town stormwater director, the fire marshal, and the planning department. Street names within this project, Fordham Court, and English Arbor Drive, were approved by York County Public Safety Communications on April 27th, 2021. These street names were approved by Planning Commission, with the preliminary plat on November 16th, 2021. The final plat submitted by the applicant is consistent with the Town of Fort Mill R-5 zoning standards and is congruent with the preliminary plat approved by Planning Commission in 2021, as well as those civil construction plans reviewed and approved administratively. Because the applicant has not completed all required infrastructure, the Planning Department currently holds a bond equal to 125% of the cost of the unfinished infrastructure. A copy of the bond estimate, surety, and certificate of authority as issued by the South Carolina Department of Insurance is attached. Senior Planner Moore then noted that Jessica Marsh with Pulte was in attendance if there were any questions about the project for Pulte. He then opened the floor for questions or comments from the planning commission members regarding the proposed Patterson Pond final plat. Planning Commission Chairman James Traynor asked for information about the open space area where the gazebo was shown on the final plat. Senior Planner Moore indicated that the gazebo was originally proposed to be located northwest of the pond. However, this is a low section of the site and Pulte determined that they wished to move the gazebo to a more usable area of the site. Thus, with the new location, there is access to the gazebo via sidewalk. Chairman Traynor asked about the location of the mail kiosk. Moore stated that the mail kiosk would be located on the right, just as you enter the subdivision. Chairman Traynor noted that he recently drove through the project and really liked the fence which had been constructed at the back of the subdivision. Senior Planner Moore noted that the fence had been extended to the west at the request of an adjacent homeowner. Chairman Traynor then asked if there were any questions or comments. 5 Planning Director Penelope Karagounis stated that the planning department wished to thank Pulte and Jessica Marsh for working with the adjacent property owners since the beginning of the project. Chairman Traynor agreed and thanked Pulte as well. There being no other questions or comments, Chairman Traynor entertained a motion. Planning Commissioner Erin Pratt made a motion to approve the final plat as submitted. Planning Commissioner Matthew Lucarelli seconded the motion. Then, by a vote of 6-0, the Planning Commission approved the final plat. 4. Rezoning Request: Harris Teeter (Ted Barnes) Senior Planner Alex Moore provided an overview of the proposed zoning map amendment as submitted. The application for a zoning map amendment includes approximately 15.5 acres located in the vicinity of N. Doby’s Bridge Road and Fort Mill Parkway. The applicant is Harris Teeter Properties, LLC. The application includes a portion of tax map 020-12-01-119 and the entirety of tax map 020-12-01-274 from PND to HC. It is the intent of the applicant to include the properties proposed to be rezoned from PND to HC as part of an overall commercial development. The zoning summary indicates the purpose of the PND District as well as the HC District. The PND District is intended to allow planned neighborhood development as an option within the town’s R-10, R-15, and R-25 zoning districts. The purpose of PND is to allow for innovative and creative development in a predominantly neighborhood environment with some opportunities for local, small-scale commercial within projects of 50 acres or more. The HC district is intended to be primarily developed as retail and commercial. The subject property is located within an area that has been designated as “Mixed Use – Neighborhood” (MXU-NH) and “Parks, Recreation, & Open Space” (PRO) on the Town of Fort Mill’s Future Land Use Map. The MXU-NH land use category is for a mixture of housing types and residential densities integrated with goods and services in a walkable community that residents visit daily. The PRO land use category includes areas designated for active and passive recreation, such as parks, athletic complexes, and public open spaces. Areas designated as PRO on the town’s land use map include existing parks, recreation, and open space facilities and contain both public and private park and recreation areas. Additionally, such areas include preserved open spaces that have been dedicated for permanent conservation by legal means. These areas may be used for active and passive recreation and/or for environmental and wildlife management purposes. Moore then provided information on the potential traffic impact of this rezoning request. He stated that with rezonings, a TIA is required. Several iterations of TIA have been 6 performed for this site. The most recent update to the TIA was completed on October 8th, 2019, by the Town of Fort Mill’s consulting traffic engineering firm, Kimley Horn. Due to the large amount of growth within our area, SCDOT is requiring that this TIA be updated. To this end, a new TIA scoping document has been generated. The new scoping document does indicate a bit of tweaking but essentially includes the same uses that were in the October 8th, 2019, TIA. Senior Planner Moore noted that the project location is approximately 0.8 mile (2 Minutes) ordinary driving distance from the town’s fire station on Fort Mill Parkway. Moore then stated that the applicant would be required to work with the Town of Fort Mill Utilities Department to determine all improvements necessary to serve the property. He then indicated that the applicant’s request would not involve direct student impact to the Fort Mill School District. Senior Planner Moore then summed up the application in noting that the proposed rezoning from PND to HC is pursuant to the proposed development of a retail center at this location as this use is not permitted within the PND district. As noted within the property information section, the area submitted for rezoning consideration consists of 15.573 +/- acres. This request would be an extension of an existing HC zoning district. The parcels which are presently zoned HC within the overall project area are also owned by the applicant and consist of 29 +/- developable acres respectively. Moore continued his summation when noting that the land use map does indicate those parcels proposed for rezoning are located within the Mixed Use – Neighborhood” (MXU- NH) and “Parks, Recreation, & Open Space” (PRO) classification. Further, Moore indicated that he proposed rezoning to HC would assist with development of retail and service uses which would in effect create a center of commerce in proximity to neighborhoods, allowing residents opportunities to shop within walking and biking distance of their homes. This would be accomplished during the construction design phase via considerations such as interconnected pedestrian facilities and accommodation for bicycle parking. Additionally, at least a portion of the property proposed for rezoning from PND to HC, and designated as Parks, Recreation, & Open Space” (PRO) on the Town of Fort Mill’s Future Land Use Map, is anticipated to remain as open space. Senior Planner Moore continued the initial overview of the application by stating that the applicant will need to provide a survey and legal description of the area requested for rezoning by 2nd reading at Town Council, which is anticipated to be on Monday November 27th. Moore completed the initial overview of the application by stating that there were Harris Teeter representatives at the planning commission meeting to answer any questions that may arise, or to provide additional information. 7 Planning Commission Chairman James Traynor then asked if someone would give an overview of the project to include the uses that are envisioned on the site. Walter Fields of the Walter Fields Group, Inc., stepped to the podium. Mr. Fields stated the current plan has taken a long time to come to fruition. There were several issues that have been worked through, including the acquisition of additional property, dealing with SCDOT on site access and right-of-way, corporate planning considerations, as well as the covid pandemic. Mr. Fields stated that the proposed use agrees with the town’s comprehensive plan and that there are scoping meetings set for the TIA phase. He said that the balance of uses in the originally approved plan and the extra property which was added will result in a TIA which is close to trip neutral with what was approved for the heavy-duty commercial tract. However, if the TIA does result in additional traffic improvements being required, they will be incorporated into the plan. Mr. Fields then stated he would now answer any questions that planning commission may have. Chairman Traynor asked Mr. Fields if there was a connection shown on the plan behind the proposed grocery store footprint. Mr. Fields responded that there was a connection shown to an area that was originally approved for townhomes. This potential townhome area is not part of their rezoning application. They are providing the connection to this property so that at the time that it is proposed to be developed, that property owner will have to come before planning commission on their own. Planning Commission member Sarah Curtis then asked for clarification on whether the rezoning request only included the portion of the plan as shown in green. Mr. Fields responded affirmatively. Ms. Curtis then asked for clarification on what this portion of the site was being rezoned to. Senior Planner Moore responded that it was being rezoned from PND to HC because the proposed retail/commercial use is not permitted within the PND zoning district. Ms. Curtis then asked for clarification on the area being rezoned regarding how much of it would remain as open space. Mr. Fields indicated that a portion of the area being rezoned would be set aside as permanent open space. 8 Planning Commissioner Dan Stout then asked how many outparcels were included within the plan. Mr. Fields stated that there would be eight or nine outparcels. This would include a Harris Teeter gas facility. Mr. Stout then asked about the possibility of McDonald’s or Chick-Fil-A within the project. Planning Director Penelope Karagounis responded that a McDonald’s or a Chick-Fil-A would be a use by right within this project. She indicated however, that the applicant did not know at this juncture what specific restaurants would locate here, and that tonight the planning commission was only looking at the two parcels be considered for rezoning. Mr. Stout then stated that there are uses included in the outparcel activities in the new area being rezoned. Mr. Fields responded that there is really one large parcel there on the site plan and that it could be seen where there is a street shown connecting to the town home property to the rear of the proposed Harris Teeter. He stated that this is a large outparcel which may include a use such as a veterinary clinic which needs a larger area than a use such as a branch bank. However, there is nothing definite yet and the uses are not being defined via this rezoning application. Mr. Stout asked when the project would begin. Mr. Ted Barnes with Durban Development came to podium and stated that, as Mr. Fields had previously indicated, they had been delayed by various factors. He noted that there is some momentum now. Harris Teeter has gotten approval from their parent company to move forward. Thus, preliminary plat drawings have been submitted to the town for review and that civil drawings would be submitted as soon as possible. He stated that the TIA would also be updated and indicated that they were hopeful that they would be able to begin the project in the summer of 2024. Planning Commissioner Matthew Lucarelli asked at what point would the town know the actual amount of green space or park/recreational area that would be dedicated or preserved. Senior Planner Moore stated that the preliminary plat is anticipated to come before planning commission next month. After this, the final plat would be approved which would record these acreages. Mr. Lucarelli then asked if planning commission would at that time would have the ability to accept or reject the amount of area reserved in that plat for open space. 9  Senior Planner Moore replied that yes, at that time planning commission would have to approve the preliminary plat indicating the proposed open space areas. Chairman Traynor then asked if there were any other questions. There being none, he entertained a motion. Planning Commissioner Erin Pratt made a motion to approve the zoning map amendment application for PND to HC. Mr. Stout seconded the motion. Chairman Traynor then asked if there were any questions or comments from planning commissioners. There being none, planning commission then voted 6-0 to approve the zoning map amendment application for PND to HC. 5. Annexation Request: Crossroads Development Partners, LLC Planning Director Penelope Karagounis stated at the beginning of the presentation that agenda items 5, 6, 7, and 8 would be done together, Peter A. Pappas from Pappas Properties will give his PowerPoint presentation and then Planning Commission can ask questions before the Planning Commission would proceed to make a recommendation vote individually for agenda items 5, 6, 7, and 8. The original Crossroads development was approved in 2021. The Town has received an annexation petition for York County Tax Map Numbers 738-00-00-007, 738-00-00-008, and 739-00-00-005. The subject property consists of 14.00 +/- acres and is located at 1716 N. Doby’s Bridge Road, 1199 Epps Farm Road, and 1443 Williams Road. The property at 1443 Williams Road is owned by Elizabeth M. Becknell and is not the same owner to the 1716 N. Doby’s Bridge Road and 1199 Epps Farm, which is owned by the Epps Family. The annexation development application required the completion of a new traffic impact analysis (TIA). Kimley-Horn is in the process of completing the TIA and the results will not be complete until November. Staff was instructed to process this application so the Planning Commission could review the request for the annexation and amendment to the Crossroads MXU. The property is contiguous to the town limits and is, therefore, eligible for annexation. While the Town’s Comprehensive Plan recommends “Low-Moderate Density” as the preferred land use in this location, in this case, amending the Future Land Use Map contained within the Town of Fort Mill 2040 Comprehensive Plan to Mixed Use – Neighborhood (see new business item #8), is deemed consistent with the applicant’s 10  proposal as noted above. In addition to the agenda item regarding rezoning (see new business item # 6) and recognizing the applicant is seeking to amend the Crossroads development agreement with the town (see new business item #7), These parcels meet Town of Fort Mill criteria for an annexation request and zoning to MXU. Commissioner Stout made a motion to recommend approval of the annexation request and Commissioner Pratt seconded the motion and the vote to recommend approval of the annexation request by a vote of 6-0. 6. Amendment/Rezoning Request Amendment: Crossroads Development Partners, LLC (Crossroads MXU) Planning Director Penelope Karagounis read the staff report. This is an ordinance amending the Mixed-Use Concept Plan and Development Conditions for the Crossroads MXU Project to add York County Tax Map Numbers 738-00-00-007 and 738-00-00-008, and 739-00-00-005 and to amend other development conditions contained within. These three parcels being added to the Crossroads project is approximately 14 acres. Planning Director Karagounis explained that when this staff report was written, staff did not have the resubmittal of the development conditions. Since the time the packet was emailed to Planning Commission, the applicant resubmitted a 2nd submittal for staff to review which they did. However, staff did not resend a new packet to the Planning Commission since it was close to the October 17, 2023, Planning Commission meeting. Therefore, staff only outlined what changes are still outstanding even after reviewing the 2nd resubmittal. The original residential (2021-Crossroads Development Conditions) total was up to 240 age-restricted units and with the first amendment requested to go up to 405 but with the 2nd resubmittal, the applicant is now proposing 395 age-restricted units. The residential (Single-Family Detached) is now 140 instead of 150 units from the original amendment of the development conditions. The applicant will update the table information for the various units for the proposed development in the development conditions and development agreement documents. The applicant is also deleting any references for “independent living.” The applicant will also add note in the development conditions that the west side commercial parcel is where the proposed grocery store will be located. All other uses can be subject to change location based on the concept plan and would be classified as a minor modification. If the proposed grocery store changes location, then this would be classified as a major modification. The applicant did answer the question on the height limitation to be up to 4 stories. A correction was made to the language of text and the concept plan for the location of verifying 4 access points on Fort Mill Parkway, 2 access points on Williams Road, and 11 one access point on Dobys Bridge Road. There would no longer need an emergency access on Haire Road because of the second ingress/egress from Williams Road for the age-restricted single-family homes. There was extensive discussion of providing better text and examples of the type of design for a natural-surface trail for their proposed private trails for hiking in the residential areas. No mulch will be allowed for the material of the proposed trails. The applicant presented new information for a proposed reduction of the current undisturbed buffer along Dobys Bridge Road. This new design proposal would be added to the development condition section. Staff explained that the original 100-foot undisturbed buffer was a condition added by Town Council in 2021 because of the public comments from the White Grove neighborhood. The applicant is requesting a reduction of the buffer; however, they are adding a berm to the buffer to provide an opaque buffer with added landscaping. Staff does not have any issues with this new reduction and added landscaping berm for the area along Dobys Bridge Road. Staff is also anticipating a revision of an exhibit for the roadway standards and designs from the applicant’s engineers. Commissioner Curtis and Commissioner Pratt discussed the proposal with the reduction of the buffer along Dobys Bridge Road. Commissioner Curtis agreed about the reduction of the buffer would allow the developer to create an active community open space area which would give much character to the proposed development. There were some questions about the width of the sidewalk along the perimeter of this project. The applicant confirmed there would be a 6-foot sidewalk on Dobys Bridge and Williams Road, while the FM Parkway would have the 8-foot multi-use path that is required with the Corridor Overlay District. John Holcomb did confirm that a 6-foot sidewalk along the east side of Williams Road would not be provided because of wetland areas. However, there would be 6-foot sidewalk further down where the secondary access point is located for the entry to the age-restricted single-family units. Commissioner Lucarelli expressed concerns for the increase of the residential units. He appreciates the green added open space with pocket parks in the development primarily near the age-restricted single-family units along with the trails, but he believed it would be beneficial to reduce 5 to 10 units in the residential area of the eastside of Crossroads. Discussion followed from Peter A. Pappas and his team that the net increase of total units was +/- 65 units when you compare the fact that they are now adding 14 additional acres to the Crossroads overall MXU project. The applicant stated that if the 14 acres remained in the County, the property could be developed to more units than the overall net unit count that they are adding. Staff stated this may cause more units than the existing 2 to 3 housed located on the Epps Farm property, however, to receive 12  more units, the property would need to have sewer, which the County does not offer at this site. Therefore, an annexation would be needed to receive water and sewer for the Epps Farm property to be developed. The TIA was not complete and approved for the reviewal of the Planning Commission. Various Planning Commission members raised their concern on how they could review this amendment request without having the completed and approved TIA. Staff explained that they were instructed by Interim Town Manager, Chris Pettit to process the application because the Mayor and Town Council wanted the Planning Commission to provide their feedback for the development standards and conditions before Council reviewed this application. The completed TIA should be sent to staff for review in November before the amendment/rezoning request for Crossroads MXU goes to the Town Council meeting on November 13, 2023. The applicant understood that the completed and approved TIA was needed before Town Council could review the amendment request for the Crossroad MXU Project. Commissioner Stout made a motion to approve the amendment of adding the three parcels and amending the development conditions of the Crossroads MXU Project with the conditions that staff work with applicant to consolidate any outstanding information needed for the development conditions and for staff to be responsible to coordinate the results of the TIA to be sent to Town Council for review. Commissioner Curtis seconded the motion with the conditions and the recommendation was approved by a vote of 6-0. 7. Development Agreement Amendment Request: Crossroads Development Partners, LLC Planning Director Penelope Karagounis read the staff report. The Town has received an amendment request to the development agreement Crossroads MXU. The development agreement for Crossroads MXU, was approved by Ordinance of the Town Council on September 13, 2021 (Ordinance No. 2021-24). The ordinance had a provision that required the developer to take title to all portions of the Property through one or more deeds to be recorded in the Office of the Register of Deeds in York County within 240 days from the adoption of the Ordinance by the Town Council. A time extension was requested and approved by the Town Council on April 25, 2022, with a first amendment to extend the effective date of the development agreement to require the property to be acquired by the developer with 480 days from the date of the adoption of Ordinance No. 2021-24. On January 5, 2023, Town Council gave final reading approval to an Ordinance No. 2023-02 authorizing the Mayor of the town to execute and deliver the second amendment to the Development Agreement extending the effective date of the development agreement to require the property to be acquired by the Developer within 660 days from the adoption of Ordinance No. 2021- 24; and then on May 22, 2023, Town Council gave a final reading to an Ordinance No. 2023-15, authorizing the Mayor of the Town to execute and deliver a second 13 amendment to the Development Agreement extending the effective date of the development agreement to require the property to be acquired by the Developer by November 30, 2023. The amended document attached to the staff report is where the applicant would like for the Town to consider an amended version of the development agreement including language to the text but also adding three parcels to the development agreement for the overall Crossroads MXU. The existing approved TIA from 2021 would not be valid now with substantial changes to the development standards and conditions; development agreement; access locations, intensities of uses and a new built out year. Therefore, a new TIA update with a new scoping process would need to take place studying the full intersection and scenarios with the new built out year. The TIA was not complete or approved and we are anticipating the TIA to be sent to Staff for a review in November before the amendment/rezoning request for Crossroads MXU goes to the Town Council meeting on November 13, 2023. Staff was instructed by Interim Town Manager, to process the application because the Mayor and Town Council wanted the Planning Commission to provide their feedback for the amendment of the development agreement before it goes to Town Council, even though staff and the Planning Commission would not have the completed TIA. Currently, due to revisions and edits for the document, we are providing you our first initial review of the document. At the meeting, Planning Director Karagounis discussed the 2nd resubmittal revisions with the Planning Commission. She explained that language in the development agreement will update the table of proposed uses and delete the Independent Living from the text and table. Mr. Pappas explained the need to reduce the commercial square footage because the previous “mini-storage warehouse” was not a use they would like to have in their proposed project. This amendment is allowing them to create a more sense of place with an open space area near the westside of the proposed commercial site and propose some more age-restricted apartments/townhomes near the open space area near the proposed grocery store. The correct access points for the text and concept plan have been edited by the applicant. The applicant will delete the word “primitive trails” and define with cross- section details for a natural surface trail in the development agreement. No mulch will be allowed as the base for the proposed natural surface trail. The applicant is also modifying the undisturbed buffer cross-section along Dobys Bridge Road. Staff explained some outstanding comments, which Greg Rushing, Utilities Director has. He has noted that “capacity reservation in the Town system should not be reserved by any development unless they pay applicable capacity fees. He also questioned the wording in Section 9. Infrastructure and Services, subsection 1. Potable Water and he wanted more information on the section from the applicant.” It would help the application for all streets to be private. Greg Rushing stated the Town should not own 14 any roads in commercial areas. Utilities should be extended to be adjacent to property lines where applicable and no trees within 10 feet of any utility is allowed. A reference to a cross-section for a street improvement was not provided and staff needs this to be able to answer the question for street improvements in the development agreement. Brian Harris, Public Works Director has some concerns of the widths with on street parking near the commercial and residential uses. Staff will need to work with applicant regarding roadway designs and identify which streets are public and which streets are private within the Crossroads MXU development. Peter A. Pappas did have a PowerPoint presentation on Crossroads: An Age-Restricted Community with a Walkable Retail Village. He explained the history of the Pappas Properties by talking about his previous projects in the Charlotte Metro Area. Pappas Properties is working with the Morgan group for the proposed grocery store and with David Weekly for the age-restricted residential units. He also mentioned how his team is working with staff on resubmittals for text and concept plan comments. The applicant and staff commented on how the TIA should be completed and approved by November before it goes to Town Council. Mr. Pappas mentioned the deletion of the “Mini-Storage Warehouse” is more suitable to provide more residential uses to fit into the character of a walkable community. The proposed townhomes in the area where the “Mini-Storage Warehouse” were to be located is a better use for the development. The extra parcel on Epps Farm Road is critical for the proposed grocery store to have some extra room and to also provide a roadway access for additional uses in the proposed project. This extra land will help create a more sense of place of providing a tree lined street with commercial and open space community activity center on the westside of the Crossroads MXU development. Staff presented the comments from the Fire Marshal and the Utilities Director in the staff report as well. Commissioner Stout appreciated the connectivity of the project but had some concerns if there was enough room for parking cars in the proposed driveways. The applicant stated that the proposed driveways are 20 feet wide, and the units will have a two-car garage. There were also questions about the type of natural hard surface the trails would be. There was discussion of a possible “Plantation Mix” and staff mentioned again on how we would need a cross-section with design specifications for the proposed trail design in the development conditions and in the development agreement documents. There were some discussions of how the Planning Commissioners did not feel they should review the amendment of the development agreement without the TIA. Staff explained to them that Town Council wanted them to review the text of the development conditions and development agreement to provide them comments. The Planning Commissioners strongly believe that the result of the TIA needs to be reflected 15  in the development agreement documents. Commissioner Stout made a motion to recommend approval of the amendment of the development agreement with the condition for the applicant to work with staff to update any information for the development agreement and the results of the TIA will need to be included before the application goes to Town Council. Commissioner Curtis seconded the motion with the conditions and the recommendation was approved by a vote of 6-0. Planning Director Penelope Karagounis mentioned the tentative date for these items to go to Town Council is Monday, November 13, 2023, at 6:00 pm for first reading. A public hearing date and second reading is tentatively scheduled for Monday, November 27, 2023, at 6:00 pm. At the Town Council meeting, a citizen comment list allows citizens (residents of the Town of Fort Mill) to sign and speak for 3 minutes, while the public hearing allows anyone to speak for or against the annexation/rezoning application and has 3 minutes to speak. Karagounis also stated since there was concerned residents in the audience tonight and there was no public hearing, if they have any questions, they can email me or call me in the morning so I can answer any questions or listen to any of their concerns for the proposed development. 8. Amendment to Comprehensive Plan Planning Director Karagounis noted that the amendment to the Comprehensive Plan agenda item #8 should be presented before agenda item #7, and this was the order of the presentation that Karagounis provided. The Crossroads Development Partners, LLC are requesting to amend the approved development agreement with the Town of Fort Mill for a Mixed Use (MXU) project called Crossroads. Currently the parcels located in this development are classified as Residential Low/Moderate Density. The proposed amendment to the future land use map for these parcels will be Mixed-Use – Neighborhood. Staff recommends in favor of modifying the comprehensive plan to update the Future Land Use Map contained in the Town of Fort Mill 2040 Comprehensive Plan. This amendment would allow the Development Agreement for Crossroads to meet the requirement of complying with the future land use map. Commissioner Stout made a recommendation to amend the future land use map to Mixed-Use- Neighborhood. Commissioner Curtis seconded the motion and the recommendation of approval to amend the future land use map of the Comprehensive Plan was made by a vote of 6-0. 9. Capital Improvements Plan Planning Director Karagounis presented the staff report written by Interim Town Manager, Chris Pettit. This is an ordinance adopting the first amendment to the FY 2019-20 through FY 2023-24 Capital Improvements Plan. 16  As required by the South Carolina Development Impact Fee Act, the Town has adopted a five-year capital improvements plan (CIP) dedicated to impact fee eligible projects. This ordinance would update the Town’s CIP to add eligible projects from the FY 2023- 24 budget and others that have been discussed by Town Council. By adding these projects, they become eligible for impact fee funding. Added projects include design work for future parks on the Sprat Property donation sites as well as development costs for the Town’s new Operations Center. Other updates have been made within the plan to update costs, timelines, etc. since the original adoption of the CIP. Commissioners had some clarification comments on some of the data that was presented. Planning Director Karagounis could not answer those questions, since Chris Pettit was the one who wrote the staff report and ordinance. She would relay the questions to Chris Pettit after the meeting. Commissioner Stout made a motion to recommend approval of the first amendment to the FY 2019-20 through FY 2023-24 Capital Improvements Plan and for staff to verify some of the data. Commissioner Pratt seconded the motion, and it was recommended for approval by a vote of 6-0. DISCUSSION AND INFORMATION 1. October: National Community Planning Month Planning Director Penelope Karagounis explained how October is Community Planning Month. She thanked her staff for their hard work and assistance in helping her on the Planning Department team to do our job here in Fort Mill. She also thanked the Planning Commission members for volunteering their time on the Planning Commission. Their service is greatly appreciated to the staff and to the Town of Fort Mill. Thank you. 17  Meeting Information Meeting Type Planning Commission Meeting Date November 21st, 2023 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 Ron Burnier Property Owner Jean Hallett Covington Property Location 950 Nauvasee Trail Tax Map 709-00-00-020 Number(s) Acreage 1.133 +/- acres Current Zoning RSF-40, Res., Single-Family with a min. area of 40,000 sq. ft. (York County) Proposed Zoning R-25, One-family residential district with a min. area of 25,000 sq. ft. Existing Use Vacant Title An ordinance annexing York County Tax Map Number(s) 709-00-00-020 containing 1.133 +/- acres Background Information Site The Town has received an annexation petition for York County Tax Map Characteristics Number(s) 709-00-00-020. The subject property consists of 1.133 +/- acres and is located at 950 Nauvasee Trail. This property is currently vacant and wooded. 18 Neighboring Direction Zoning Existing Use Uses North R-25 Golf Course and Single-Family Residential South RSF-40 (YC) Single-Family Residential East R-25 Single-Family Residential West R-25 Golf Course Zoning The Residential Single-Family 40, RSF-40 District (York County): Summary 1) Accommodates detached single-family residential uses and comparable institutional and non-residential land uses on lots generally with a minimum area of 40,000 square feet; 2) Is designed to preserve and protect the character of existing large-lot residential subdivisions in areas transitioning from rural to suburban development patterns; 3) Is intended to encourage residential development that compliments the character of large-lot residential subdivisions; and 4) Is generally appropriate in areas designated as Single-Family Residential on the Comprehensive Plan Future Land Use Map. The applicant has requested a zoning designation of R-25 upon annexation into the Town of Fort Mill. It is the intent of the zoning ordinance that the R-25, One-Family Residential Zoning District be developed and reserved for low-to-medium density residential purposes. The regulations which apply within these districts 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 25,000 square feet or more, and to discourage any encroachment by commercial, industrial, or other uses capable of adversely affecting the residential character of the district. Applicant The applicant has indicated, that upon annexation, a single-family residence will Proposal be constructed on this parcel. Comprehensive The subject property is located within a transition section that has been Plan designated as “Residential – Low Density.” The Residential – Low Density land use category is for single family detached neighborhoods with up to two dwelling units per acre. Low density residential developments will have average lot sizes of 25,000 square feet or greater, lack off-street pedestrian facilities, and have larger setbacks. Also included in this category are older residential lots developed along corridors and not as part of a subdivision. Buildings are oriented interior to a site and are typically buffered from surrounding development by topography or vegetative areas. 19 In many cases, homes in this land use category are not served by public water and/or sewer but instead operate with well and septic systems. Blocks are typically large, and streets are usually rural or suburban in character. In some cases, the neighborhood is served by one long cul-de-sac. A portion of the Town of Fort Mill Future Land Use Map is provided on the following page which indicates the general area proposed for annexation and zoning to the Town of Fort Mill R-25 zoning designation. 20 Fort Mill Future Land Use Map Area under consideraƟon 21 Traffic Impact The minimum threshold for requiring a transportation impact analysis (TIA) for new development is not met by the allowable use of one single-family residence on the subject parcel. Fire Impact The property is located approximately 2.0 miles (5 Minutes) ordinary driving distance from the town’s fire station on Tom Hall Street. Utility Impact The applicant is requesting annexation to receive Town of Fort Mill water and sewer services. School Impact Unless exempted by York County Planning & Development Services, the applicant will be required to pay the $18,158.00 Fort Mill school impact fee prior to being granted a building permit by the Town of Fort Mill. Discussion The property is contiguous to the town limits and is, therefore, eligible for annexation. Alternatives 1. Recommend approval of the annexation ordinance with a zoning designation of R-25 2. Recommend approval of the annexation ordinance with an alternate zoning designation 3. Recommend denial of the annexation request. Staff Contact Name & Title Alex Moore, Senior Planner Department Planning Department Date of Request October 6th, 2023 Legislative History Planning Commission 11/21/23: Scheduled First Reading TBD Public Hearing TBD Second Reading TBD Effective Date Upon adoption 22  Attachments • Annexation Application • Aerial Image • Zoning Map • Draft Ordinance 23 24 25 Aerial Image 26 Zoning Map 27  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2024-___ AN ORDINANCE ANNEXING THE PROPERTY CURRENTLY OR FORMELY KNOWN AS YORK COUNTY TAX MAP NUMBER(S) 709-00-00-020 CONTAINING APPROXIMATELY 1.133 +/- ACRES LOCATED AT 950 NAUVASSE TRAIL. WHEREAS, a proper petition was submitted to the Fort Mill Town Council on ______ 2024, by Ron Burnier, requesting the property currently or formerly known as York County Tax Map Number(S) 709-00-00-020 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 on November 21st, 2023, reviewed the request, and forwarded their recommendation to Town Council; and WHEREAS, a public hearing was advertised and held on January 11th, 2024, 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 1.133 +/- 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. 28  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: R-25, One-family residential 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 Two (2). 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 ___________________, 2024, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2024. 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 29  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 1.133 acres, more or less, containing all the property shown as Tract 1 in Exhibit B, being part of an original survey for John L. Hallett, et. al., prepared by R.H. Iseley, registered South Carolina land surveyor, and being more particularly described as York County Tax Map Number(s) 709-00-00-020. 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 30  EXHIBIT B Property Map York County Tax Map Number 709-00-00-020 (1.133 Acres) 31