Town Council

Fort Mill Town Council Regular Meeting June 14, 2021 6:00 PM Live Viewing Online: Please visit www.fortmillsc.gov/livemeetings Public Access by Phone: Dial (toll free) 1-877-309-2073 and use access code 268-855-741 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION MINUTES Minutes of the May 24, 2021 Town Council Meeting PUBLIC COMMENT Pursuant to Section 2-46 of the Code of Ordinances for the Town of Fort Mill, any citizen of the Town may appear before council for the purpose of providing public comments on any municipal matter (except personnel matters). Those who wish to speak must sign in outside of Council Chambers prior to the start of the meeting. To maintain social distancing, citizens will only be allowed into Council Chambers one at a time to give their comments. PRESENTATIONS Presentation #1 Reappointment of Kyle Hobbs as Municipal Judge for the Town of Fort Mill – Mayor Savage Presentation #2 2021 Independence Day Celebration - Jacona Hester OLD BUSINESS ITEMS Page 1|2 Fort Mill Town Council Regular Meeting – Monday June 14, 2021  There are no Old Business Items NEW BUSINESS ITEMS New Business Item #1 First Reading and Public Hearing: An ordinance annexing York County Tax Map Number 653-00-00-210, containing approximately 7.30 +/- acres located at the southwest corner of Pleasant Road and Whitley Road. (Ward 2: Ronnie Helms) – Penelope Karagounis New Business Item #2 First Reading and Public Hearing: An ordinance adopting a Mixed-Use Concept Plan and Development Conditions for the Pleasant/Whitley MXU Project. (Ward 2: Ronnie Helms) – Penelope Karagounis New Business Item #3 2021 Independence Day Celebration Resolution A resolution designating Main Street as the site of a public festival at which alcoholic beverages may be consumed, and to authorize a special event permit for live music, sound amplifying equipment and fireworks on July 3, 2021 – Jacona Hester New Business Item #4 Amendment of agreement to fund Municipal Court Attorney for 2021-2022 FY – Davy Broom INFORMATION/DISCUSSION There are no Information/Discussion Items. EXECUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. Executive Session Item #1 Discussion of negotiations incident to proposed contractual matters with Crossroads Development Partners, LLC ADJOURN The following press was notified of the meeting by email or fax in accordance of the Freedom of Information Act: The Herald; CN2; WRHI and WBTV. The agenda was also posted outside of 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. Page 2|2 Fort Mill Town Council Regular Meeting – Monday June 14, 2021  Fort Mill Town Council Regular Meeting Minutes May 24, 2021 7:30 a.m. Live Viewing Online: Please visit www.fortmillsc.gov/livemeetings PRESENT: Mayor Savage, Councilwoman Heemsoth, Councilman Helms and Councilman Moody were present. Councilman Shirey and Councilwoman Cook came in late. Councilman Huntley was absent. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Mayor Savage provided the invocation. MINUTES Minutes of the May 10, 2021 Town Council Meeting Councilman Helms made a MOTION to approve the minutes of the May 10, 2021 Town Council meeting. SECONDED by Councilman Moody. Passed 4-0. PUBLIC COMMENT Pursuant to Section 2-46 of the Code of Ordinances for the Town of Fort Mill, any citizen of the Town may appear before council for the purpose of providing public comments on any municipal matter (except personnel matters). Those who wish to speak must sign in outside of Council Chambers prior to the start of the meeting. To maintain social distancing, citizens will only be allowed into Council Chambers one at a time to give their comments. No one signed up for Public Comment. PRESENTATIONS Page 1|4 Fort Mill Town Council Regular Meeting Minutes – Monday May 24, 2021  Presentation #1 Presentation of FY 2019 Audit Mr. David Phillips, Partner with Greene Finney, LLP, gave a presentation of the FY 2019 audit. Councilman Shirey and Councilwoman Cook joined the meeting. Presentation #2 2021 Summer Concert Series. Jacona Hester gave an update on the upcoming Summer Concert Series. OLD BUSINESS ITEMS Old Business Item #1 Second Reading: An ordinance to amend Section 14-11 of the Code of Ordinances for the Town of Fort Mill as it relates to candidate filing deadlines and fees – Chris Pettit Councilman Shirey made a MOTION to approve Second Reading of an ordinance to amend Section 14-11 of the Code of Ordinances for the Town of Fort Mill as it relates to candidate filing deadlines and fees. SECONDED by Councilman Helms. Passed 6-0. Old Business Item #2 Second Reading: An Ordinance annexing York County Tax Map Number (s) 708-00-00- 024 and 708-00-00-037 containing approximately .99 +/- acres located on 1029 Spratt Street. (Ward 1: Jamie Shirey) – Penelope Karagounis Penelope Karagounis, Planning Director, informed Council that no changes have been made since First Reading. Councilman Helms made a MOTION to approve Second Reading of an Ordinance annexing York County Tax Map Number (s) 708-00-00-024 and 708- 00-00-037 containing approximately .99 +/- acres located on 1029 Spratt Street. SECONDED by Councilman Shirey. Passed 6-0. Old Business Item #3 Second Reading: An Ordinance adopting a Mixed-Use Concept Plan and Development Conditions for the Crayton Heritage MXU project. (Ward 1: Jamie Shirey). Penelope Karagounis stated that there have been changes made since First Reading. The applicant has determined that the existing parking area was outside the limits of what would be allowed in the Town. New language was inserted to allow for them to use the existing parking lot but they are providing more enhanced landscaping, more than what would be required by the Town. Page 2|4 Fort Mill Town Council Regular Meeting Minutes – Monday May 24, 2021  Councilwoman Cook asked that staff continue to monitor the shrubbery alongside the road to make sure that it does not impede the sight line of traffic for those coming out of the parking lot. Councilman Shirey made a MOTION to approve Second Reading of an Ordinance adopting a Mixed-Use Concept Plan and Development Conditions for the Crayton Heritage MXU project. SECONDED by Councilwoman Cook. Passed 6-0. NEW BUSINESS ITEMS New Business Item #1 2021 Summer Concert Series Resolution A resolution designating Walter Y. Elisha Park as the site of a public festival at which alcoholic beverages may be consumed, and to authorize a special event permit for live music and sound amplifying equipment on these dates: Saturday, June 19, Saturday, July 17 and Saturday, August 21, 2021. – Jacona Hester Councilman Shirey made a MOTION to approve a resolution designating Walter Y. Elisha Park as the site of a public festival at which alcoholic beverages may be consumed, and to authorize a special event permit for live music and sound amplifying equipment on these dates: Saturday, June 19, Saturday, July 17 and Saturday, August 21, 2021. SECONDED by Councilwoman Cook. Passed 6-0. INFORMATION/DISCUSSION There were no Information/Discussion Items. EXECUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. Executive Session Item #1 Discussion of potential sale of real property Councilman Shirey made a MOTION to go into Executive Session. SECONDED by Councilwoman Cook. Passed 6-0. Councilman Helms made a MOTION to come out of Executive Session. SECONDED by Councilman Shirey. Passed 6-0. Mayor Savage stated that no votes or actions were taken during Executive Session. ADJOURN Page 3|4 Fort Mill Town Council Regular Meeting Minutes – Monday May 24, 2021  Councilman Helms made a MOTION to adjourn. SECONDED by Councilman Shirey. Passed 6-0. Respectfully Submitted: Virginia C. Burgess Town Clerk Approved by Council: The following press was notified of the meeting by email or fax in accordance of the Freedom of Information Act: The Herald; CN2; WRHI and WBTV. The agenda was also posted on the board outside of 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. Page 4|4 Fort Mill Town Council Regular Meeting Minutes – Monday May 24, 2021  The Town of Fort Mill South Carolina Oath of Office Municipal Judge I, Kyle M. Hobbs, do solemnly swear that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge those duties and will preserve, protect and defend the Constitution of this state and of the United States. As Municipal Judge of the Town of Fort Mill, I pledge to uphold the integrity and independence of the judiciary; I pledge, in the discharge of my duties, to treat all persons who enter the courtroom with civility, fairness, and respect; I pledge to listen courteously, sit impartially, act promptly, and rule after careful and considerate deliberation; I pledge to seek justice, and justice alone; So help me God. ______________________ Kyle M. Hobbs Oath administered by: _______________________ Guynn H. Savage, Mayor June 14, 2021 WITNESS: _________________________ Virginia C. Burgess, Municipal Clerk  Meeting Information Meeting Type Town Council Meeting Date June 14, 2021 Request Summary Action (Old Bus.) X Action (New Bus.) X Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review Other Title Background Information Events Coordinator Jacona Hester will provide more detailed information Request Summary and PowerPoint slides during the meeting to discuss details about the Town’s July 3 celebration. She will also present a resolution for Town Council to approve amplified sound and alcohol sales during the event.  Join the Town of Fort Mill for a patriotic day filled with food, fireworks and fun on Main Street. The celebration will include: • Musical entertainment from 5 to 8:30 p.m., including an Army Band playing patriotic music, DJ and other musicians. • Independence Day Ceremony from 8:30 to 9 p.m. followed by the annual firing of the cannons • Fireworks beginning at 9:15 p.m. • Main Street restaurants will be open for Saturday, July 3, 2021 business, along with vendors on the street. 5-9:30 p.m. • There will be three food trucks and two Main Street shaved ice trucks serving a variety of items. Alcohol will also be available for sale.  Meeting Information Meeting Type Town Council Meeting Date June 14, 2021 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type X Public Hearing Executive Session Other Case Summary X Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review Other Property Information Applicant William R. Adkins Property Owner William R. Adkins Property Location Corner of Pleasant Road and Whitley Road Tax Map 653-00-00-210 Number(s) Acreage 7.30 +/- acres Current Zoning AGC (York County) Proposed Zoning MXU Mixed Use Existing Use Vacant Title An ordinance annexing York County Tax Map Number 653-00-00-210, containing approximately 7.30 +/- acres located at the southwest corner of Pleasant Road and Whitley Road Background Information Site The Adkins property is approximately 7.30 +/- acres and is currently wooded and Characteristics undeveloped. It is located at the corner of Whitley Road (SCDOT) and Pleasant Road (SCDOT). A stream runs along the length of the property’s western boundary, which separates the property from the Whitley Mills subdivision (York County). Neighboring Direction Zoning Existing Use Uses North AGC (YC) Vacant / Undeveloped South MXU Vacant / Undeveloped (Pleasant Vista MXU) East R-15 Elementary School  West PD (YC) Single-family Residential Subdivision Zoning The property is currently zoned AGC per York County GIS. The county’s AGC Summary district allows up single-family developments with a minimum lot size of one-acre and a maximum density of one dwelling per three acres. The district also allows farming, religious uses, manufactured homes, campgrounds, along with several other similar uses. The property is designated as “Municipal Infill” on the county’s future land use plan. The Municipal Infill designation envisions infill development with the specific uses and densities being dependent on the surrounding properties and planned developments within the municipal jurisdictions. The applicant has requested a zoning designation of MXU Mixed Use upon annexation into the Town of Fort Mill. The property owner intends to develop a townhome residential subdivision in conjunction with, and as an extension of, the previously approved Pleasant/Vista MXU project located immediately to the south of the subject property. The proposed MXU Concept Plan and Development Conditions is for the Pleasant/Vista MXU. The MXU district is intended to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the provision of infrastructure; and to preserve the natural and scenic features of open areas. This district is intended for the appropriate integration of a wide range of residential and non- residential uses. The district is intended for use in connection with developments where the town has determined that the quality of a proposed new development there under will be enhanced by flexibility in the planning process. Any use proposed by an applicant and considered by the town council as compatible with the surrounding area may be permitted within the project area upon approval by the town council. Applicant For more information on the applicant’s proposal, please see the agenda item for Proposal the Pleasant / Whitley MXU Concept Plan and Development Conditions. Comprehensive The property is located within an area that has been designated as “Residential Plan Medium-Density” on the Town of Fort Mill’s Future Land Use Map. This land use category is for neighborhoods that can contain a mix of residential uses including both single-family detached or single family attached dwellings ranging up to three to eight dwelling units per acre. These areas provide pockets of greater residential density, often in locations that create transitions from commercial or mixed-use areas to small-lot or larger-lot single family subdivisions. Traffic Impact A TIA was completed and a Transportation Mitigation Agreement (TMA) was agreed by the applicant, Town of Fort Mill and York County. The TMA is attached with the agenda item for the Pleasant / Whitley MXU Concept Plan and Development Conditions. Any off-site transportation improvements deemed necessary by the Town and SCDOT would be the responsibility of the developer. Fire Impact The property is located approximately 4 miles (10 minutes) ordinary driving distance from the town’s main fire station on Tom Hall Street. Utility Impact The property is located within York County’s water and sewer territory. Any upgrades necessary to provide utility service to future development on the property will be the responsibility of the applicant and shall be coordinated with York County. School Impact For more information, please see the agenda item for the Pleasant / Whitley MXU Concept Plan and Development Conditions. Discussion The property is contiguous to the town limits and is, therefore, eligible for annexation. As mentioned previously, the Town’s Comprehensive Plan recommends “residential medium-density” as the preferred land use in this location. The intended use of the property within the proposed Pleasant / Whitley MXU Project  is for single-family residential at approximately 6.9 dwelling units per acre. staff would note: 1. The applicant intends to develop the subject property in conjunction with a portion of the previously approved Pleasant / Vista MXU project. The Pleasant / Vista MXU project (parcels 7a/b) is approved for up to 21 townhomes immediately south of the subject property. Overall, the total project as proposed would equate to approximately 6.28 dwelling units per acre. 2. By developing the subject property in conjunction with the Pleasant / Vista project, the site is able to accommodate multiple site access points for better overall flow of traffic. 3. The coordinated development of the subject property and the previously approved Pleasant / Vista project would allow for consistency in the enhanced requirements that were approved as a part of the Pleasant / Vista MXU project. The property is eligible for an annexation request and the proposed request meets all zoning requirements. Nothing in this report shall be deemed a guarantee that York County water and/or sewer service/capacity will be available at the time of development. As noted, any future development would also be subject to a TIA prior to the approval of the development plans. Any improvements deemed necessary as a result of the TIA would be the responsibility of the owner/developer. Planning Commission The Planning Commission met on April 20, 2021 and recommended to approve Meeting on the annexation by a vote of 7-0. April 20, 2021 Alternatives 1. Approve the first reading of the annexation ordinance with a zoning designation of MXU 2. Approve the first reading of the annexation ordinance with an alternate zoning designation 3. Deny the first reading of the of the annexation request. Agenda Action Item The property is eligible for an annexation request and the proposed Agenda Item Status request meets all zoning requirements. Name & Title Penelope Karagounis, Planning Director  Department Planning Department Date of Request April 20th, 2021 Legislative History Planning Commission 04/20/21: Approved First Reading 06/14/2021 Public Hearing 06/14/2021 Second Reading TBD Effective Date Upon adoption Attachments • Annexation Application • Aerial Image • Zoning Map • Draft Ordinance Aerial Image Zoning Map  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2021-___ AN ORDINANCE ANNEXING THE PROPERTY CURRENTLY OR FORMELY KNOWN AS YORK COUNTY TAX MAP NUMBER(S) 653-00-00-210 CONTAINING APPROXIMATELY 7.30 +/- ACRES LOCATED AT THE CORNER OF PLEASANT ROAD AND WHITLEY ROAD WHEREAS, a proper petition was submitted to the Fort Mill Town Council on March 29th, 2021, by William R. Adkins, requesting the property currently or formerly known as York County Tax Map Number(s) 653-00-00-210 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 April 20 , 2021, reviewed the request and forwarded their recommendation to Town Council; and th 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 7.30 +/- 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.  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: MXU Mixed Use. 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 ___________________, 2021, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2021. First Reading: 6/14/2021 TOWN OF FORT MILL Public Hearing: 6/14/2021 Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia Burgess, Town Clerk  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 7.30 acres, more or less, containing all the property shown in the map attached as Exhibit B, and being more particularly described as York County Tax Map Number(s) 653-00-00-210. 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  EXHIBIT B Property Map York County Tax Map Number(s) 653-00-00-210  Meeting Information Meeting Type Town Council Meeting Date June 14, 2021 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type x Public Hearing Executive Session Other Case Summary Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review X Other Property Information Applicant William R. Adkins Property Owner William R. Adkins Property Location Corner of Pleasant Road and Whitley Road Tax Map 653-00-00-210 Number(s) Acreage 7.30 +/- acres Current Zoning AGC (York County) Proposed Zoning MXU Mixed Use Existing Use Vacant Title An ordinance adopting a Mixed Use Concept Plan and Development Conditions for the Pleasant / Whitley MXU Project Background Information Site The Adkins property is approximately 7.30 +/- acres and is currently wooded and Characteristics undeveloped. It is located at the corner of Whitley Road (SCDOT) and Pleasant Road (SCDOT). A stream runs along the length of the property’s western boundary, which separates the property from the Whitley Mills subdivision (York County). Neighboring Direction Zoning Existing Use Uses North AGC (YC) Vacant / Undeveloped South MXU Vacant / Undeveloped (Pleasant Vista MXU) East R-15 Elementary School  West PD (YC) Single-family Residential Subdivision Zoning The property is currently zoned AGC per York County GIS. The county’s AGC Summary district allows up single-family developments with a minimum lot size of one-acre and a maximum density of one dwelling per three acres. The district also allows farming, religious uses, manufactured homes, campgrounds, along with several other similar uses. The property is designated as “Municipal Infill” on the county’s future land use plan. The Municipal Infill designation envisions infill development with the specific uses and densities being dependent on the surrounding properties and planned developments within the municipal jurisdictions. The applicant has requested a zoning designation of MXU Mixed Use upon annexation into the Town of Fort Mill. The property owner intends to develop a townhome residential subdivision in conjunction with, and as an extension of, the previously approved Pleasant/Vista MXU project located immediately to the south of the subject property. The proposed MXU Concept Plan and Development Conditions is for the Pleasant/Vista MXU. The MXU district is intended to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the provision of infrastructure; and to preserve the natural and scenic features of open areas. This district is intended for the appropriate integration of a wide range of residential and non- residential uses. The district is intended for use in connection with developments where the town has determined that the quality of a proposed new development there under will be enhanced by flexibility in the planning process. Any use proposed by an applicant and considered by the town council as compatible with the surrounding area may be permitted within the project area upon approval by the town council. In the attached MXU Concept Plan and Development Conditions, the applicant is proposing to develop up to 51 single-family (attached or detached) units on the site. As shown on the MXU Concept Plan, the applicant intends to develop the project as an extension of the previously approved Pleasant/Vista MXU project (Tracts 7a & 7b). Although shown on the MXU Concept Plan, the Pleasant/Vista portion of the plan is not subject to any further approvals and is shown for information only. Under the proposed development conditions, the proposed setbacks and minimum lot specifications would be as defined in Article II, Section 19-4{A) of the Zoning Ordinance. Additional conditions related to enhanced design have been carried over from the Pleasant/Vista MXU project to have consistency along the corridor, including enhanced sidewalk, buffer, and landscaping requirements. Comprehensive The property is located within an area that has been designated as “Residential Plan Medium-Density” on the Town of Fort Mill’s Future Land Use Map. This land use category is for neighborhoods that can contain a mix of residential uses including both single-family detached or single family attached dwellings ranging up to three to eight dwelling units per acre. These areas provide pockets of greater residential density, often in locations that create transitions from commercial or mixed-use areas to small-lot or larger-lot single family subdivisions. Traffic Impact A TIA was completed and a Transportation Mitigation Agreement (TMA) was agreed by the applicant, Town of Fort Mill and York County. The TMA, attached, summarizes the development plan, site access and points of ingress/ egress, along with on and off-site improvement requirements, which would be the responsibility of the developer. Any off-site transportation improvements deemed necessary by the Town and SCDOT would be the responsibility of the developer.  Fire Impact The property is located approximately 4 miles (10 minutes) ordinary driving distance from the town’s main fire station on Tom Hall Street. Utility Impact The property is located within York County’s water and sewer territory. Any upgrades necessary to provide utility service to future development on the property will be the responsibility of the applicant and shall be coordinated with York County. School Impact The applicant’s request would provide additional impact to the Fort Mill School District (FMSD). At this time, all future homes within this project will be subject to the FMSD impact fee of $12,020 per house. The property is contiguous to the town limits and is, therefore, eligible for Discussion annexation. As mentioned previously, the Town’s Comprehensive Plan recommends “residential medium-density” as the preferred land use in this location. The intended use of the property within the proposed Pleasant / Whitley MXU Project is for single-family residential at approximately 6.9 dwelling units per acre. Staff would note: 1. The applicant intends to develop the subject property in conjunction with a portion of the previously approved Pleasant / Vista MXU project. The Pleasant / Vista MXU project (parcels 7a/b) is approved for up to 21 townhomes immediately south of the subject property. Overall, the total project as proposed would equate to approximately 6.28 dwelling units per acre. 2. The Adkins property would have a maximum of 51 units and with Willis’ parcel 7a/b the proposed project of townhomes would be +/- 69 units. 3. By developing the subject property in conjunction with the Pleasant / Vista project, the site is able to accommodate multiple site access points for better overall flow of traffic. Therefore, a 20’ emergency/fire access on Pleasant Road.  4. The coordinated development of the subject property and the previously approved Pleasant / Vista project would allow for consistency in the enhanced requirements that were approved as a part of the Pleasant / Vista MXU project. The proposed request meets all zoning requirements. Nothing in this report shall be deemed a guarantee that York County water and/or sewer service/capacity will be available at the time of development. As noted, any future development would also be subject to a TIA prior to the approval of the development plans. Any improvements deemed necessary as a result of the TIA would be the responsibility of the owner/developer. Planning The Planning Commission met on April 20, 2021 and recommended to approve Commission the Pleasant/Whitley MXU Concept Plan and Development Conditions with Meeting on conditions by a vote of 7-0. The conditions were to include language for the open April 20, 2021 space in regards to donation of property south of the Overhead Power Easement for the Cooper Parcel (Pleasant/Vista MXU)to the Nations Ford Land Trust; modify the model homes section and the proposed building height be 45 feet. Alternatives 1. Approve the first reading of the MXU Concept Plan and Development Conditions, as submitted. 2. Approve the first reading of the MXU Concept Plan and Development Conditions, with modifications. 3. Deny the first reading of the MXU Concept Plan and Development Conditions. Agenda Action Item Agenda Item Status The proposed request meets all zoning requirements. Name & Title Penelope Karagounis, Planning Director Department Planning Department Date of Request April 20th, 2021 Legislative History Planning Commission 04/20/21: Approved First Reading 06/14/2021 Public Hearing 06/14/2021 Second Reading TBD Effective Date Upon adoption  Attachments • Application • Aerial Map • Zoning Map • Draft Ordinance Adopting MXU Concept Plan & Development Conditions • TMA Aerial Image Zoning Map  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2021-___ AN ORDINANCE ADOPTING A MIXED USE CONCEPT PLAN & DEVELOPMENT CONDITIONS FOR THE PLEASANT / WHITLEY MXU PROJECT WHEREAS, the parcel currently or formerly known as York County Tax Map Number 653-00- 00-210, containing approximately 7.30 +/- acres located at the corner of Pleasant Road and Whitley Road, was previously annexed to and made a part of the Town of Fort Mill by ordinance adopted by Fort Mill Town Council; and WHEREAS, by ordinance of the Fort Mill Town Council, the above referenced parcels were zoned as follows: MXU Mixed Use; and WHEREAS, Article II, Section 19(5)(D)(1)(a), of the Zoning Ordinance for the Town of Fort Mill, requires as part of the approval process that a Mixed Use Development Project shall contain a concept plan and, if applicable, development conditions; and WHEREAS, the applicant has submitted Development Conditions as shown within the attached “Exhibit A,” and a Concept Plan as shown within the attached “Exhibit B,” both of which have been reviewed by the Fort Mill Planning Commission and the Fort Mill Town Council and found to be consistent with the Town’s Comprehensive Plan; NOW, THEREFORE, pursuant to the authority granted by the Constitution of the State of South Carolina and the General Assembly of the State of South Carolina, BE IT ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF FORT MILL: Section I. Pursuant to Article II, Section 19(5)(D)(3), of the Zoning Ordinance for the Town of Fort Mill, the Development Conditions for the Pleasant / Whitley MXU Project are hereby adopted as shown within the attached “Exhibit A.” Where any conflicts exist between the Development Conditions and the Subdivision Ordinance or Zoning Ordinance for the Town of Fort Mill, the provisions specified within the Development Conditions shall apply. A copy of these development conditions shall be maintained on file in the office of the Town Clerk and the Zoning Administrator. Section II. Pursuant to Article II, Section 19(5)(D)(4), of the Zoning Ordinance for the Town of Fort Mill, the Concept Plan for the Pleasant / Whitley MXU Project is hereby adopted as shown within the attached “Exhibit B.” A copy of this Concept Plan shall be maintained on file in the office of the Town Clerk and the Zoning Administrator. Section III. The provisions of this ordinance shall apply to the parcel currently or formerly known as York County Tax Map Number 653-00-00-210, containing approximately 7.30 +/- acres located at the corner of Pleasant Road and Whitley Road.  Section IV. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional, or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. Section V. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section VI. Effective Date. This ordinance shall be effective from and after the date of adoption. SIGNED AND SEALED this _____ day of ___________________, 2021, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2021. First Reading: 6/14/2021 TOWN OF FORT MILL Public Hearing: 6/14/2021 Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________ ______________________________ Barron B. Mack, Jr, Town Virginia Burgess, Town Clerk Attorney  Exhibit A Development Standards & Conditions Pleasant/Whitley MXU Project 1  DEVELOPMENT STANDARDS & CONDITIONS Pleasant/Whitley MXU Project Development Standards PLEASANT/WHITLEY - MXU - PROJECT CONDITIONS 1. Purpose of district The purpose of the mixed use development (MXU) district is to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the provision of infrastructure; and to preserve the natural and scenic features of open areas. This district is intended for the appropriate integration of a wide range of residential and non-residential uses. The district is intended for use in connection with developments where the town has determined that the quality of a proposed new development there under will be enhanced by flexibility in the planning process. 2. Platting requirements Platting requirements will be in accordance with ARTICLE II PLAT REQUIREMENTS, of Chapter 32-SUBDIVISIONS, of the Town of Fort Mill Municipal Ordinance. Where possible, plats will comply with Article II, Section 19.3(C) of the Zoning Ordinance. 3. Bonding requirements Bonding requirements will be in accordance with Section 32.104-SURETY BOND, Article IV-REQUIRED IMPROVEMENTS, of Chapter 32-Subdivisions, of the Town of Fort Mill Municipal Ordinance. Pleasant/Whitley MXU Conditional Notes 1. General Provisions a) Each proposal for the development under MXU district is anticipated to be unique. Except as provided by this section, an MXU district shall be subject to all of the applicable standards, procedures and regulations in other sections of the zoning ordinance. b) The development depicted on the Concept Development Plan is intended to reflect the arrangement of proposed uses on the site, but the final configuration, placement and the size of individual site elements may be altered or modified within the limits of the Ordinance and the standards established on the Development Standards Sheet during design development and construction phases. Street alignment and lot layout width and depth dimensions may be modified to accommodate final building layout and lot locations. The Petitioner reserves the right to modify the total number of lots identified within 2  individual parcels or phases, reallocate units from a parcel or phase to another, or reconfigure lots and street layouts, provided the density for the entire mixed use development does not exceed the permitted density set forth in these Development Standards. c) These standards, as established by the Pleasant/Whitley Technical Data Development Standards Sheet, as set out below and as depicted on the Mixed Use Development Site Plan shall be followed in connection with development taking place on the site. Standards established by this Development Standards Sheet and Pleasant/Whitley Mixed Use Development Site Plan shall supersede the Fort Mill Subdivision Ordinance and Zoning Ordinance in effect at the date of approval. 2. Permitted uses a) Residential: i) Subject to the information listed below, a maximum of 51 single-family attached or detached units may be constructed on the site. ii) Residential use shall be allowed throughout all areas of the development having minimum dimensional standards as specified in section 15, along with any incidental or accessory uses in connection therewith, which are permitted by right or under prescribed conditions in the Mixed Use Zoning District or as part of the Pleasant/Whitley Mixed Use Development. ii) Common Open Space: May include conservation lands, natural areas, formal greens, plazas, power line easements, courtyards, and buffers. iv) Amenities: Amenity buildings, pool and pool facilities, athletic fields, parks, trails, playground equipment, picnic shelters and other accessory uses commonly associated with amenity facilities. 3. Density The maximum Gross Residential Unit density will not exceed 6.9 units per acre and/or 51 total units. Individual phases may have higher or lower densities; however, the parcel will be limited to 51 units or 6.9 DUA in total. Open space areas shall be included in the calculations for gross residential density. 4. Streets Minimum dimensions and design standards for each street type shall follow a consistent standard. The standards for each street shall follow one of the following: a) Public Residential: In accordance with the Town standards outlined in the Fort Mill Subdivision Ordinance. 3  b) All streets within the Pleasant/Whitley Mixed Use Development are to be private streets, owned and maintained by the developer, HOA, or other private entity and will not be offered for acceptance into the Town of Fort Mill street system. Streets shall be designed, to the furthest extent possible, in accordance with the Town standards outlined in the Fort Mill Subdivision Ordinance. Alternative designs may be allowed upon review and approval by Fort Mill staff and other agencies may be applicable. c) All Residential Streets: Shall be designed to provide a stop condition no more than 2,000 feet apart. This will be accomplished by "T" intersections where practical. Where this is not practical due to site constraints, posted stop signs at intersection(s) within the 2,000- foot street length will be installed. d) Cul-de-sacs: Shall conform to standards in the Fort Mill Subdivision Ordinance, except that alternative cul-de-sacs and loop streets shall be permitted to have landscaped islands, provided that the dimensions of these islands will accommodate the turn-around of fire trucks without backing up. Sub drains will be provided behind the island curb if irrigation is installed within the cul-de-sac island. Cul-de-sac lengths may vary as shown on the Pleasant/Whitley MXU Site Plan. The Pleasant/Whitley Mixed Use Development will provide landscaped island where feasible. Landscaped islands are subject to approval of the Town of Fort Mill Fire department. e) Sidewalks: Will be installed on at least one side of all streets within the development and adjoining the Development, including Pleasant and Whitley Roads, providing sidewalk connectivity from the Pleasant/Whitley Mixed Use Development to all current and future schools adjacent to the Development. The Developer shall coordinate with the Fort Mill School District regarding the location of future sidewalk connections. f) Block Lengths: Block lengths shall be a maximum of 2,000 feet. 5. Vehicular Access and Road Improvements a) Vehicular Access: Access shall be provided in the general location as shown on the Pleasant/Whitley Mixed Use Development Site Plan. Minor adjustments to the locations of street and driveway entrances may occur, as required to meet state and local agency standards, or as a result of further site investigation and in coordination with final subdivision and site plan design. b) Improvements to Existing Roads: A Traffic Impact Analysis (TIA) has been completed and Developer agrees to install the recommended roadway improvements outlined in the executed Traffic Improvement Agreement (TMA) as required by SCDOT and the Town of Fort Mill. c) Coordination: The developer shall coordinate where feasible with neighboring property owners regarding stub road locations and future roadway connections. 6. Landscaping Landscaping will be provided in accordance with Article II, Section 19.4(J) of the Zoning 4  Ordinance. Existing vegetation will be retained and maintained to the extent feasible. As a part of the preliminary plat process and prior to any approvals for land disturbance, a tree survey shall be prepared and submitted to Fort Mill staff showing the locations and species of all trees 32” in caliper or greater. The protection and/or mitigation of these trees shall be in accordance with the requirements of Article IV, Section 3 of the Fort Mill Zoning Ordinance. 7. Open Space Common open space will be provided, to be platted and recorded separately from other uses. Open space will be owned and maintained by a Homeowner's Association or Property Owner's Association. At the Developer’s option, open space lands may also be dedicated to a non- profitland trust for the perpetual ownership and conservation. A minimum of 20% of the total site will be maintained as preserved open space or built open space. The following may be counted towards required dedicated open space: conservation lands, natural areas, formal greens, plazasand courtyards, trails, buffers held in common ownership, power line easements and parks and recreation areas, including ball fields, golfcourses (excluding vertical structures: clubhouse and maintenance facilities), tennis and basketball courts, playgrounds, and other areas used for active or passive recreation. Water quality ponds, rain gardens, and other types of public (non-fenced) stormwater facilities may also be counted towards the open space requirements. The developer shall, in conjunction with a recombination plat for the subject property and the adjacent “Cooper Parcel” (as identified on the Concept Plan), donate the property south of the Overhead Power Easement (as shown on the Concept Plan) to the Nation Ford Land Trust. In the event the Nation Ford Land Trust does not accept the donation, in full or in part, the open space south of the Overhead Power Easement shall be developed with an enhanced amenity that provides for a usable gathering space or recreational area for the residents of the development. 8. Parking and Loading Parking, loading, and other requirements for each permitted use and platted lot will be in accordance with the requirements of Article I, Section 7, Subsection I for the Fort Mill Zoning Ordinance subject to the petitioner's ability to include parking spaces located within units with garages as eligible spaces meeting said requirements. 9. Access to Lots Access (curb cuts) to each platted lot must comply with standards set forth in the Fort Mill Zoning and Subdivision Ordinances. 10. Signage A proposed project signage package shall be provided for approval to the town. All signs shall meet the requirements of Article II, Section 19.4(1), Subsections 1, and 2 of the Zoning Ordinance. Approval to not be unreasonably withheld. 5 11. Building Heights Proposed building heights will not exceed 45 feet. Building height shall be measured in accordance with Article II, Section 19.4{D) of the Zoning Ordinance. 12. Improvements The developer will be responsible for installation of required streets, utilities, common areas, amenity improvements, open space, storm drainage, and buffer yards, which pertain specifically to the project. 13. Changes Petitioner/Developer understands that upon approval of the Mixed Use Development by the Town Council, any changes that are proposed which are considered to be of a minor nature, as determined by the Fort Mill staff, such as adjustments or relocation of streets, lots, and open space; or adjustments to interior parcel boundaries, parcel sizes, or lot sizes and quantities, may be approved by the Fort Mill staff through an administrative review process. Other minor changes may be made to the list of permitted uses, unit mixture, reallocation of unit types, relocation of uses, buffer yards, landscaping and open space standards throughout the project, and shall be subject to review and approval through an administrative process by the Fort Mill staff. Significant changes to the Mixed Use Development Site Plan which include changes increasing overall project dwelling unit count, land use summary, location of primary access points to the property and adding acreage are all considered to be major site plan changes and are subject to approval by the Town Council in accordance with Chapter 32 of the Fort Mill Municipal Ordinance. 14. Construction Schedule and Phasing This Pleasant-Whitley Mixed Use Development will be constructed in phases 15. Development Standards Design Standards-Storm drainage and utilities (including sanitary sewer, gas, electric, telephone and cable television) may be located within landscape corridors. a) Maximum Residential Density: 6.9 dwelling units per acre b) Impervious Surface Ratio: 90% for residential, 100% remaining uses c) Residential Development - Development Standards per Article II, Section 19-4{A) of the Zoning Ordinance. 6  d) Buffer Yards: Buffer yards between the Pleasant/Whitley Mixed Use Development and adjacent properties will be in accordance with Article II, Section 19.4(K.) of the Zoning Ordinance. The buffer shall be a natural, undisturbed wooded area where possible, and shall count towards the provision of open space for the development where the buffer is no platted and made part of an individual, privately owned lot. Where an existing natural, undisturbed wooded area does not exist, a planted buffer shall be required in conformancewith the buffer standards of Article II, Section 19.4(K) of the Zoning Ordinance. Notwithstanding the previous paragraph: i. A minimum 35’ wooded buffer will be provided between the Development and the Whitley Mills subdivision. A landscaped, natural area will remain in place along Pleasant Road. The final design shall be approved by Fort Mill staff and shall be consistent with the design provided on the adjacent Pleasant/Vista Mixed Use Development (parcels 7a-b). ii. A buffer yard shall not be required between the Pleasant/Whitley Mixed Use Development and the Pleasant/Vista Mixed Use Development (parcels 7a-b) provided the properties are either under common ownership or developed as one project under a common developer. e) Petitioner reserves the right to construct a minimum 6-foot high opaque fence, wall, berm, or combination thereof in order to satisfy buffer and/or screening requirements. In the event that the petitioner or their assignee decides to install a fence, wall, or berm, they may reduce buffer area dimensions by 25%. Buffer Yards will be designed in a manner to allow openings of an appropriate width in order to allow pedestrian connectivity. Utilities and right of way are allowed to be located in buffer areas where needed f) All design features will be above-standard, including lighting, landscaping, streetscapes, etc. Where possible, existing trees and vegetation will remain in place. The intent is to avoid the look and feel of track-housing and to incorporate the design features established by developments such as Baxter and Kingsley. Final, individual-parcel designs to be approved by Fort Mill staff. g) Where possible, design features will be included to encourage internal movement of both pedestrians and vehicles 16. Model Homes Model homes may be constructed within residential areas at the developer's discretion. Mobile temporary sales offices shall be allowed on site at the developer's discretion. The developer will be permitted a maximum of 2 model homes with offices or mobile temporary sales offices and mobile temporary construction offices. 17. Lot Transfer and Recording Lots may be transferred or recorded by means of posting appropriate surety bonds as referenced in Sec. 32.104. 7 18. Water and Sewer The Developer understands that water and sewer will be provided by York County for all lots within the Mixed Use Development. The Developer shall construct or cause to be constructed at Developer's cost all necessary water and sewer service infrastructure to, from, and within the Property. The developer will comply with all DHEC and York County water and sewer specifications. The Property shall be subject to all current and future water connection/capacity fees imposed by the County. A water and sewer "willingness and capability letter" must be received from the County prior to obtaining a grading permit for any portion of the development utilizing the York County water and sewer. Should the Town of Fort Mill and York County elect to enter into a service agreement whereby the Town provides retail service to the Mixed Use Development, then the developer shall comply with the specifications, fees, and permitting requirements of the Town of Fort Mill. 19. Applicable Ordinances This development will be subject to the standards and requirements for the Fort Mill Subdivision Ordinance and Zoning Ordinance in effect at the date of approval by the Town of Fort Mill or as superseded by the provisions of the Pleasant/Whitley Concept Development Plan and Development Standards, as approved by the Town of Fort Mill. 20. Binding Effect of the Rezoning Documents If this Rezoning Petition is approved, all conditions applicable to development of the site imposed under the Rezoning Site Plan and Development Standards Sheet will, unless amended in the manner provided under the Ordinance, be binding upon and inure to the benefit of the Petitioner and subsequent owners of the site and their respective successors in interest and assigns. Upon approval of the Rezoning Site Plan and Development Standards Sheet by the Town of Fort Mill the Petitioner agrees to record above listed documents at the York County register of deeds office within 120 days. 21. Restrictive Covenants Restrictive Covenants will be created and recorded with the office of the county clerk of court prior to the approval of a plat or issuance of a building permit for a vertical building on the property. Covenants shall be in accordance with Article II, Section 19.3{D) of the Fort Mill Zoning Ordinance. 23. Provisions Related to Floodplain Areas Should the applicant seek to develop any property within a floodplain area, a Letter of Map Revision (LOMR) or Letter of Map Amendment (LOMA) shall be required from FEMA before any development activities may commence. 24. Development Impact Fees The Property shall be subject to all current and future development impact fees imposed by the Town, provided such fees are applied consistently and in the same manner to all similarly 8 situated property within the Town limits. For the purpose of this Agreement, the term “development impact fees” shall include, but not be limited to, the meaning ascribed to such term in the South Carolina Development Impact Fee Act, Sections 6-1-910, et seq, of the SC Code of Laws. 9  Exhibit B. Concept Plan Pleasant/Whitley MXU Project 10  • 4. Development standards. A. Dimensional requirements for lots. Development Types Lot Area Lot Width Front Yard Side Yard Rear Yard Height Impervious (min. ft.) (min. ft.) (min. ft.) (min. ft.) (min. ft.) (max.) Area (max.) Residential Cottage 2,400 30 5 5 101 45 80% Estate 7,200 90 5 10 101 45 80% 1,100/unit 14/unit 0/52 0/53 101 454 90% Townhouse/Rowhouse Multifamily 1,100/unit 15/unit5 0/52 0/53 101 604 100% Commercial/Office Mixed Use/Single 0 22 0/52 0/53 101 604/NA5 100% Use Civic/Institutional All structures 0 30 0/52 0/53 101 604/NA5 100% Industrial All structures 20,000 100 15 20 30 604 75% • Notes: 1 The required rear yard depth shall be reduced to five feet when abutting an alley or dedicated open space. Appurtenances shall be allowed to extend into required rear yard as provided in section B, "appurtenances in required yards", below. 2 Buildings may provide a front yard of zero (building drawn up to sidewalk), otherwise, the minimum yard depth shall be five feet to provide adequate space for landscaping, a courtyard, or other amenity area. Appurtenances shall be allowed to extend into required front yard as provided in section B, "appurtenances 11 in required yards", below. 12  3 A side yard of five feet must be used when the adjoining property is occupied by a detached residential unit. In all other situations, a side yard of zero may be used. However, if a yard is provided, the minimum depth shall be 5 feet to provide access between buildings. Appurtenances shall be allowed to extend into required side yard as provided in section B, "appurtenances in required yards", below. 4 Height may be above the maximum height indicated, provided all portions of the structure exceeding the height limit indicated shall be stepped back an additional one foot from the adjoining property line for each additional foot in excess. 5 The maximum height requirement shall not apply to commercial, office, civic or institutional structures erected on any parcel which lies wholly or in part within 1,500 linear feet of the outer edge of the Interstate 77 right-of-way. 6 In order provide increased design flexibility for multifamily projects, the lot width requirement shall only apply to the first five units. The minimum lot width required for a multifamily project with more than five units is 75 feet. 13  Exhibit A Development Standards & Conditions Pleasant/Whitley MXU Project  DEVELOPMENT STANDARDS & CONDITIONS Pleasant/Whitley MXU Project Development Standards PLEASANT/WHITLEY - MXU - PROJECT CONDITIONS 1. Purpose of district The purpose of the mixed use development (MXU) district is to encourage flexibility in the development of land in order to promote its most appropriate use; to improve the design, character and quality of new development; to facilitate the provision of infrastructure; and to preserve the natural and scenic features of open areas. This district is intended for the appropriate integration of a wide range of residential and non-residential uses. The district is intended for use in connection with developments where the town has determined that the quality of a proposed new development there under will be enhanced by flexibility in the planning process. 2. Platting requirements Platting requirements will be in accordance with ARTICLE II PLAT REQUIREMENTS, of Chapter 32-SUBDIVISIONS, of the Town of Fort Mill Municipal Ordinance. Where possible, plats will comply with Article II, Section 19.3(C) of the Zoning Ordinance. 3. Bonding requirements Bonding requirements will be in accordance with Section 32.104-SURETY BOND, Article IV-REQUIRED IMPROVEMENTS, of Chapter 32-Subdivisions, of the Town of Fort Mill Municipal Ordinance. Pleasant/Whitley MXU Conditional Notes 1. General Provisions a) Each proposal for the development under MXU district is anticipated to be unique. Except as provided by this section, an MXU district shall be subject to all of the applicable standards, procedures and regulations in other sections of the zoning ordinance. b) The development depicted on the Concept Development Plan is intended to reflect the arrangement of proposed uses on the site, but the final configuration, placement and the size of individual site elements may be altered or modified within the limits of the Ordinance and the standards established on the Development Standards Sheet during design development and construction phases. Street alignment and lot layout width and depth dimensions may be modified to accommodate final building layout and lot locations. The Petitioner reserves the right to modify the total number of lots identified within  individual parcels or phases, reallocate units from a parcel or phase to another, or reconfigure lots and street layouts, provided the density for the entire mixed use development does not exceed the permitted density set forth in these Development Standards. c) These standards, as established by the Pleasant/Whitley Technical Data Development Standards Sheet, as set out below and as depicted on the Mixed Use Development Site Plan shall be followed in connection with development taking place on the site. Standards established by this Development Standards Sheet and Pleasant/Whitley Mixed Use Development Site Plan shall supersede the Fort Mill Subdivision Ordinance and Zoning Ordinance in effect at the date of approval. 2. Permitted uses a) Residential: i) Subject to the information listed below, a maximum of 51 single-family attached or detached units may be constructed on the site. ii) Residential use shall be allowed throughout all areas of the development having minimum dimensional standards as specified in section 15, along with any incidental or accessory uses in connection therewith, which are permitted by right or under prescribed conditions in the Mixed Use Zoning District or as part of the Pleasant/Whitley Mixed Use Development. ii) Common Open Space: May include conservation lands, natural areas, formal greens, plazas, power line easements, courtyards, and buffers. iv) Amenities: Amenity buildings, pool and pool facilities, athletic fields, parks, trails, playground equipment, picnic shelters and other accessory uses commonly associated with amenity facilities. 3. Density The maximum Gross Residential Unit density will not exceed 6.9 units per acre and/or 51 total units. Individual phases may have higher or lower densities; however, the parcel will be limited to 51 units or 6.9 DUA in total. Open space areas shall be included in the calculations for gross residential density. 4. Streets Minimum dimensions and design standards for each street type shall follow a consistent standard. The standards for each street shall follow one of the following: a) Public Residential: In accordance with the Town standards outlined in the Fort Mill Subdivision Ordinance.  b) All streets within the Pleasant/Whitley Mixed Use Development are to be private streets, owned and maintained by the developer, HOA, or other private entity and will not be offered for acceptance into the Town of Fort Mill street system. Streets shall be designed, to the furthest extent possible, in accordance with the Town standards outlined in the Fort Mill Subdivision Ordinance. Alternative designs may be allowed upon review and approval by Fort Mill staff and other agencies may be applicable. c) All Residential Streets: Shall be designed to provide a stop condition no more than 2,000 feet apart. This will be accomplished by "T" intersections where practical. Where this is not practical due to site constraints, posted stop signs at intersection(s) within the 2,000- foot street length will be installed. d) Cul-de-sacs: Shall conform to standards in the Fort Mill Subdivision Ordinance, except that alternative cul-de-sacs and loop streets shall be permitted to have landscaped islands, provided that the dimensions of these islands will accommodate the turn-around of fire trucks without backing up. Sub drains will be provided behind the island curb if irrigation is installed within the cul-de-sac island. Cul-de-sac lengths may vary as shown on the Pleasant/Whitley MXU Site Plan. The Pleasant/Whitley Mixed Use Development will provide landscaped island where feasible. Landscaped islands are subject to approval of the Town of Fort Mill Fire department. e) Sidewalks: Will be installed on at least one side of all streets within the development and adjoining the Development, including Pleasant and Whitley Roads, providing sidewalk connectivity from the Pleasant/Whitley Mixed Use Development to all current and future schools adjacent to the Development. The Developer shall coordinate with the Fort Mill School District regarding the location of future sidewalk connections. f) Block Lengths: Block lengths shall be a maximum of 2,000 feet. 5. Vehicular Access and Road Improvements a) Vehicular Access: Access shall be provided in the general location as shown on the Pleasant/Whitley Mixed Use Development Site Plan. Minor adjustments to the locations of street and driveway entrances may occur, as required to meet state and local agency standards, or as a result of further site investigation and in coordination with final subdivision and site plan design. b) Improvements to Existing Roads: A Traffic Impact Analysis (TIA) has been completed and Developer agrees to install the recommended roadway improvements outlined in the executed Traffic Improvement Agreement (TMA) as required by SCDOT and the Town of Fort Mill. c) Coordination: The developer shall coordinate where feasible with neighboring property owners regarding stub road locations and future roadway connections. 6. Landscaping Landscaping will be provided in accordance with Article II, Section 19.4(J) of the Zoning  Ordinance. Existing vegetation will be retained and maintained to the extent feasible. As a part of the preliminary plat process and prior to any approvals for land disturbance, a tree survey shall be prepared and submitted to Fort Mill staff showing the locations and species of all trees 32” in caliper or greater. The protection and/or mitigation of these trees shall be in accordance with the requirements of Article IV, Section 3 of the Fort Mill Zoning Ordinance. 7. Open Space Common open space will be provided, to be platted and recorded separately from other uses. Open space will be owned and maintained by a Homeowner's Association or Property Owner's Association. At the Developer’s option, open space lands may also be dedicated to a non- profitland trust for the perpetual ownership and conservation. A minimum of 20% of the total site will be maintained as preserved open space or built open space. The following may be counted towards required dedicated open space: conservation lands, natural areas, formal greens, plazasand courtyards, trails, buffers held in common ownership, power line easements and parks and recreation areas, including ball fields, golfcourses (excluding vertical structures: clubhouse and maintenance facilities), tennis and basketball courts, playgrounds, and other areas used for active or passive recreation. Water quality ponds, rain gardens, and other types of public (non-fenced) stormwater facilities may also be counted towards the open space requirements. The developer shall, in conjunction with a recombination plat for the subject property and the adjacent “Cooper Parcel” (as identified on the Concept Plan), donate the property south of the Overhead Power Easement (as shown on the Concept Plan) to the Nation Ford Land Trust. In the event the Nation Ford Land Trust does not accept the donation, in full or in part, the open space south of the Overhead Power Easement shall be developed with an enhanced amenity that provides for a usable gathering space or recreational area for the residents of the development. 8. Parking and Loading Parking, loading, and other requirements for each permitted use and platted lot will be in accordance with the requirements of Article I, Section 7, Subsection I for the Fort Mill Zoning Ordinance subject to the petitioner's ability to include parking spaces located within units with garages as eligible spaces meeting said requirements. 9. Access to Lots Access (curb cuts) to each platted lot must comply with standards set forth in the Fort Mill Zoning and Subdivision Ordinances. 10. Signage A proposed project signage package shall be provided for approval to the town. All signs shall meet the requirements of Article II, Section 19.4(1), Subsections 1, and 2 of the Zoning Ordinance. Approval to not be unreasonably withheld. 11. Building Heights Proposed building heights will not exceed 45 feet. Building height shall be measured in accordance with Article II, Section 19.4{D) of the Zoning Ordinance. 12. Improvements The developer will be responsible for installation of required streets, utilities, common areas, amenity improvements, open space, storm drainage, and buffer yards, which pertain specifically to the project. 13. Changes Petitioner/Developer understands that upon approval of the Mixed Use Development by the Town Council, any changes that are proposed which are considered to be of a minor nature, as determined by the Fort Mill staff, such as adjustments or relocation of streets, lots, and open space; or adjustments to interior parcel boundaries, parcel sizes, or lot sizes and quantities, may be approved by the Fort Mill staff through an administrative review process. Other minor changes may be made to the list of permitted uses, unit mixture, reallocation of unit types, relocation of uses, buffer yards, landscaping and open space standards throughout the project, and shall be subject to review and approval through an administrative process by the Fort Mill staff. Significant changes to the Mixed Use Development Site Plan which include changes increasing overall project dwelling unit count, land use summary, location of primary access points to the property and adding acreage are all considered to be major site plan changes and are subject to approval by the Town Council in accordance with Chapter 32 of the Fort Mill Municipal Ordinance. 14. Construction Schedule and Phasing This Pleasant-Whitley Mixed Use Development will be constructed in phases 15. Development Standards Design Standards-Storm drainage and utilities (including sanitary sewer, gas, electric, telephone and cable television) may be located within landscape corridors. a) Maximum Residential Density: 6.9 dwelling units per acre b) Impervious Surface Ratio: 90% for residential, 100% remaining uses c) Residential Development - Development Standards per Article II, Section 19-4{A) of the Zoning Ordinance.  d) Buffer Yards: Buffer yards between the Pleasant/Whitley Mixed Use Development and adjacent properties will be in accordance with Article II, Section 19.4(K.) of the Zoning Ordinance. The buffer shall be a natural, undisturbed wooded area where possible, and shall count towards the provision of open space for the development where the buffer is no platted and made part of an individual, privately owned lot. Where an existing natural, undisturbed wooded area does not exist, a planted buffer shall be required in conformancewith the buffer standards of Article II, Section 19.4(K) of the Zoning Ordinance. Notwithstanding the previous paragraph: i. A minimum 35’ wooded buffer will be provided between the Development and the Whitley Mills subdivision. A landscaped, natural area will remain in place along Pleasant Road. The final design shall be approved by Fort Mill staff and shall be consistent with the design provided on the adjacent Pleasant/Vista Mixed Use Development (parcels 7a-b). ii. A buffer yard shall not be required between the Pleasant/Whitley Mixed Use Development and the Pleasant/Vista Mixed Use Development (parcels 7a-b) provided the properties are either under common ownership or developed as one project under a common developer. e) Petitioner reserves the right to construct a minimum 6-foot high opaque fence, wall, berm, or combination thereof in order to satisfy buffer and/or screening requirements. In the event that the petitioner or their assignee decides to install a fence, wall, or berm, they may reduce buffer area dimensions by 25%. Buffer Yards will be designed in a manner to allow openings of an appropriate width in order to allow pedestrian connectivity. Utilities and right of way are allowed to be located in buffer areas where needed f) All design features will be above-standard, including lighting, landscaping, streetscapes, etc. Where possible, existing trees and vegetation will remain in place. The intent is to avoid the look and feel of track-housing and to incorporate the design features established by developments such as Baxter and Kingsley. Final, individual-parcel designs to be approved by Fort Mill staff. g) Where possible, design features will be included to encourage internal movement of both pedestrians and vehicles 16. Model Homes Model homes may be constructed within residential areas at the developer's discretion. Mobile temporary sales offices shall be allowed on site at the developer's discretion. 17. Lot Transfer and Recording Lots may be transferred or recorded by means of posting appropriate surety bonds as referenced in Sec. 32.104. 18. Water and Sewer The Developer understands that water and sewer will be provided by York County for all lots within the Mixed Use Development. The Developer shall construct or cause to be constructed at Developer's cost all necessary water and sewer service infrastructure to, from, and within the Property. The developer will comply with all DHEC and York County water and sewer specifications. The Property shall be subject to all current and future water connection/capacity fees imposed by the County. A water and sewer "willingness and capability letter" must be received from the County prior to obtaining a grading permit for any portion of the development utilizing the York County water and sewer. Should the Town of Fort Mill and York County elect to enter into a service agreement whereby the Town provides retail service to the Mixed Use Development, then the developer shall comply with the specifications, fees, and permitting requirements of the Town of Fort Mill. 19. Applicable Ordinances This development will be subject to the standards and requirements for the Fort Mill Subdivision Ordinance and Zoning Ordinance in effect at the date of approval by the Town of Fort Mill or as superseded by the provisions of the Pleasant/Whitley Concept Development Plan and Development Standards, as approved by the Town of Fort Mill. 20. Binding Effect of the Rezoning Documents If this Rezoning Petition is approved, all conditions applicable to development of the site imposed under the Rezoning Site Plan and Development Standards Sheet will, unless amended in the manner provided under the Ordinance, be binding upon and inure to the benefit of the Petitioner and subsequent owners of the site and their respective successors in interest and assigns. Upon approval of the Rezoning Site Plan and Development Standards Sheet by the Town of Fort Mill the Petitioner agrees to record above listed documents at the York County register of deeds office within 120 days. 21. Restrictive Covenants Restrictive Covenants will be created and recorded with the office of the county clerk of court prior to the approval of a plat or issuance of a building permit for a vertical building on the property. Covenants shall be in accordance with Article II, Section 19.3{D) of the Fort Mill Zoning Ordinance. 23. Provisions Related to Floodplain Areas Should the applicant seek to develop any property within a floodplain area, a Letter of Map Revision (LOMR) or Letter of Map Amendment (LOMA) shall be required from FEMA before any development activities may commence. 24. Development Impact Fees The Property shall be subject to all current and future development impact fees imposed by the Town, provided such fees are applied consistently and in the same manner to all similarly situated property within the Town limits. For the purpose of this Agreement, the term “development impact fees” shall include, but not be limited to, the meaning ascribed to such term in the South Carolina Development Impact Fee Act, Sections 6-1-910, et seq, of the SC Code of Laws.  Exhibit B. Concept Plan Pleasant/Whitley MXU Project  • 4. Development standards. A. Dimensional requirements for lots. Development Types Lot Area Lot Width Front Yard Side Yard Rear Yard Height Impervious (min. ft.) (min. ft.) (min. ft.) (min. ft.) (min. ft.) (max.) Area (max.) Residential Cottage 2,400 30 5 5 101 45 80% Estate 7,200 90 5 10 101 45 80% 1,100/unit 14/unit 0/52 0/53 101 454 90% Townhouse/Rowhouse Multifamily 1,100/unit 15/unit5 0/52 0/53 101 604 100% Commercial/Office Mixed Use/Single 0 22 0/52 0/53 101 604/NA5 100% Use Civic/Institutional All structures 0 30 0/52 0/53 101 604/NA5 100% Industrial All structures 20,000 100 15 20 30 604 75% • Notes: 1 The required rear yard depth shall be reduced to five feet when abutting an alley or dedicated open space. Appurtenances shall be allowed to extend into required rear yard as provided in section B, "appurtenances in required yards", below. 2 Buildings may provide a front yard of zero (building drawn up to sidewalk), otherwise, the minimum yard depth shall be five feet to provide adequate space for landscaping, a courtyard, or other amenity area. Appurtenances shall be allowed to extend into required front yard as provided in section B, "appurtenances in required yards", below.  3 A side yard of five feet must be used when the adjoining property is occupied by a detached residential unit. In all other situations, a side yard of zero may be used. However, if a yard is provided, the minimum depth shall be 5 feet to provide access between buildings. Appurtenances shall be allowed to extend into required side yard as provided in section B, "appurtenances in required yards", below. 4 Height may be above the maximum height indicated, provided all portions of the structure exceeding the height limit indicated shall be stepped back an additional one foot from the adjoining property line for each additional foot in excess. 5 The maximum height requirement shall not apply to commercial, office, civic or institutional structures erected on any parcel which lies wholly or in part within 1,500 linear feet of the outer edge of the Interstate 77 right-of-way. 6 In order provide increased design flexibility for multifamily projects, the lot width requirement shall only apply to the first five units. The minimum lot width required for a multifamily project with more than five units is 75 feet.  EXHIBITD RIGHT-OF-WAY TO BE CONVEYED TO YORK COUNTY NIA STATE OF SOUTH CAROLINA TOWN OF FORT MILL 2021 INDEPENDENCE DAY CELEBRATION RESOLUTION A RESOLUTION DESIGNATING MAIN STREET AS THE SITE OF A PUBLIC FESTIVAL AT WHICH ALCOHOLIC BEVERAGES MAY BE CONSUMED, AND TO AUTHORIZE A SPECIAL EVENT PERMIT FOR LIVE MUSIC, SOUND AMPLIFYING EQUIPMENT AND FIREWORKS ON JULY 3, 2021 WHEREAS, Sec. 24-30 of the Code of Ordinances of the Town of Fort Sec. 24-30. Display, consumption of beer, wine or other alcoholic beverages in public. It shall be unlawful to openly display or consume any beer or wine or other alcoholic beverage in or from any container on any public street or sidewalk, in any public parking areas, parks, recreation areas, or at any public gathering place excluding the following: i. Private businesses. ii. Any areas as designated and approved in a Special Event Permit issued by the Town of Fort Mill. (a) This section is not intended to be in conflict with and will not be in conflict with any state laws regulating the consumption of sealed, licensed liquors. (b) The application of this section shall in no way affect the enforcement or prosecution of violations of Section 24-26. - Breach of peace; disorderly conduct; obscenity; drunkenness; indecent or dangerous conduct, or any other Town Ordinances or State Law. (c) Any person found to be guilty of violating the terms of this section shall, upon conviction be punished in accordance with Section 1-6. WHEREAS, Sec. 24-34(c)(2)(l) of the Code of Ordinances for the Town of Fort Mill generally prohibits loud, disturbing and unnecessary noise from sound amplifying devices; however, the council may grant a special event permit to responsible organizations to broadcast programs of music, speeches or general entertainment as a part and in recognition of a community celebration of national, state or town events, public festivals, or outstanding events of a noncommercial character, provided that traffic on the streets is not obstructed by reason thereof and adequate provisions will be made to minimize the disturbance to neighboring residential areas; and WHEREAS, the 2021 Independence Day Celebration is scheduled to take place Saturday July 3, 2021, on Main Street, Fort Mill; and WHEREAS, the Town Council has determined that the applicant has proposed and will take the necessary precautions protect public safety and minimize the impact of unreasonable noise to surrounding residences; NOW THEREFORE BE IT RESOLVED, that the Mayor and Town Council for the Town of Fort Mill does hereby designate Main Street, Fort Mill as the site of an Independence Day event at which alcoholic beverage may be consumed, on Saturday July 3, 2021; and  BE IT FURTHER RESOLVED that the Mayor and Town Council further authorizes a special event permit for live music and sound amplifying equipment and fireworks on Main Street on Saturday, July 3, 2021. SIGNED AND SEALED this _____ day of ___________________, 2021, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2021. Signed: ________________________________ Guynn Savage Mayor Witness: ________________________________ Virginia Burgess Town Clerk  Meeting Information Meeting Type Town Council Meeting Date June 14, 2021 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 Appearance Review X Other Title Amendment of agreement to fund Municipal Court Attorney for 2021-2022 FY Background Information Request Summary State Law 61.12 Optional Courts and Indigent Representation In 2015 the South Carolina General Assembly passed Proviso 61.12 which reads “If a municipality has or elects to have an optional municipal court system, it must provide adequate funds for representation of indigents. No public defender shall be appointed in any such court unless the municipality and the office of the circuit public defender have reached an agreement for indigent representation and no funds allocated to the commission shall be used to provide compensation for appointed counsel in municipal courts. “ Fort Mill, Tega Cay, York, and Clover enter into an annual agreement with the York County 16th Circuit Public Defenders office to fund a municipal court attorney to represent indigent defendants. This agreement has worked well for the group. Below is the funding formula and cost per municipality: Explanation: Funding of this position under the contract involves each Municipality paying a “buy-in” fee of $8,500.00 for a total of $34,000.00. Each Municipality’s percentage of the balance ($51,557.00) is determined by the percentage of the caseload as calculated using a 3 year average. This percentage is then applied against the remaining balance of money needed to fund the position. So here is what that looks like: York: 3 year average caseload percentage= 42% 42% of $51,557= $21,654 $21,654 + $8,500 (buy-in)= $30,153.00 Clover: 3 year average caseload percentage= 45% 45% of $51,557= $23,201 $23,201 + $8,500 (buy-in)= $31,701.00 Fort Mill 3 year average caseload percentage= 1% 1% of $51,557= $516 $516 + $8,500 (buy-in)= $9,016.00 Tega Cay 3 year average caseload percentage= 12% 12% of $51,557= $6,187 $6,187 + $8,500 (buy-in) = $14,687.00 Below are the raw numbers from which the percentages were derived. FY18/19 FY19/20 7/1/20-1/31/21 York: 192 314 102 Total: 608 Clover 190 331 143 Total: 664 Fort Mill 11 5 0 Total: 16 Tega Cay 52 90 33 Total: 175 Fort Mill has the lowest number of cases based on a 3-year average. This case load numbers will more than likely increase in the future based on commercial properties coming online in town. Reasons for entering into this agreement: • York County Public Defender’s Office takes on every indigent case over the next year no matter the number. • Professional low risk service – minimal liability claims that could result in lawsuits • Consistent representation • Lack of local attorneys with interest and/or low risk of causing liability lawsuits (managers in this pool are of agreement on this)  Alternatives 1. 2. Staff Recommendation Recommendation Approval of Funding to York County Name & Title Davy Broom, Town Manager Department Administration Date of Request June 10, 2021 Attachments