Town Council

Fort Mill Town Council Regular Meeting July 26, 2021 7:30 a.m. 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 AMENDED AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION MINUTES Minutes of the July 12, 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. Citizens will be given 3 minutes each to speak. PRESENTATIONS Presentation #1 Fort Mill All-Star Dixie Youth Baseball Team Proclamation – Mayor Savage Presentation #2 Main Street closure plans for Downtown Merchants. – Davy Broom EXECUTIVE SESSION Page 1|2 Fort Mill Town Council Regular Meeting – Monday July 28, 2021  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 OLD BUSINESS ITEMS Old Business Item #1 Second Reading: An ordinance annexing York County Tax Map Number(s) 738-00-00- 059, portion of 738-00-00-094, 738-00-00-077, and 738-00-00-046 containing approximately 36.71 +/- acres located on Fort Mill Parkway and off Haire Road. Ward 4, Chris Moody. – Penelope Karagounis NEW BUSINESS ITEM New Business Item #1 A resolution designating Main Street (Tom Hall Street to Confederate Street-Barricade Zone) as the site of a public event in which alcoholic beverages may be sold, possessed, and consumed on weekends only, Friday, July 30-Sunday, August 29, 2021. – Davy Broom INFORMATION/DISCUSSION There are no Information/Discussion items. 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 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 2|2 Fort Mill Town Council Regular Meeting – Monday July 28, 2021  Fort Mill Town Council Regular Meeting Minutes July 12, 2021 6:00 p.m. 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 PRESENT: Mayor Savage, Councilman Helms, Councilman Moody, Councilwoman Heemsoth, Councilman Shirey and Councilwoman Cook were present. Councilman Huntley was absent. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Councilman Helms provided the invocation. MINUTES Minutes of the June 28, 2021, Town Council Meeting Councilman Helms made a MOTION to approve the minutes of the June 28, 2021, Town Council meeting. SECONDED by Councilman Shirey. Passed 6-0. 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. Citizens will be given 3 minutes each to speak. No one signed up for Public Comment. Page 1|6 Fort Mill Town Council Regular Meeting – Monday July 12, 2021 PRESENTATIONS There were no Presentations. OLD BUSINESS ITEMS Old Business Item #1 First Reading: 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 Councilman Helms made a MOTION to approve First Reading of 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. SECONDED by Councilman Shirey. Failed 2-4. Councilwoman Cook, Mayor Savage, Councilman Moody and Councilwoman Heemsoth were opposed. Old Business Item #2 First Reading: An ordinance adopting a Mixed-Use Concept Plan and Development Conditions for the Pleasant/Whitley MXU Project. (Ward 2: Ronnie Helms) – Penelope Karagounis Councilman Shirey made a MOTION to approved First Reading of an ordinance adopting a Mixed-Use Concept Plan and Development Conditions for the Pleasant/Whitley MXU Project. SECONDED by Councilman Helms. Failed 0-6. All opposed. NEW BUSINESS ITEM New Business Item #1 First Reading and Public Hearing: Annexation Request: Crossroads Development Partners, LLC Case # 2021-0485 An ordinance annexing York County Tax Map Number(s) 738-00-00-059, portion of 738-00-00-094, 738-00-00-077, and 738-00-00-046 containing approximately 36.71 +/- acres located on Fort Mill Parkway and off Haire Road. Ward 4, Chris Moody. – Penelope Karagounis Mayor Savage opened the floor for Public Hearing. Five (5) people signed up to speak. Chris Stevens, 1970 Williams Road, spoke in opposition of the annexation request. Frieda Price, 1687 Williams Road, spoke in opposition of the annexation request. Page 2|6 Fort Mill Town Council Regular Meeting – Monday July 12, 2021  Dave Price, 1687 Williams Road, spoke in opposition of the annexation request. Jon Powers, 117 Fairway Drive, spoke in opposition of the annexation. Elliott Hamilton, 1788 N. Dobys Bridge Road, spoke in opposition of the annexation request. Councilman Shirey made a MOTION to approve First Reading of the Annexation Request for Crossroads Development Partners, LLC Case # 2021-0485. SECONDED by Councilwoman Heemsoth. Passed 4-2. Councilman Moody and Councilwoman Heemsoth were opposed. New Business Item #2 First Reading and Public Hearing: Rezoning Request: Crossroads Development Partners, LLC Case # 2021-0486 An ordinance amending the Zoning Map of the Town of Fort Mill so as to change the zoning designation for York County Tax Map Numbers 020-17-01-064 and 020-17-01- 065 from PND, Planned Neighborhood Development to MXU, Mixed-Use Development. Ward 4, Chris Moody. – Penelope Karagounis Mayor Savage opened the floor for Public Hearing. Two (2) people signed up to speak. Phil Hayes, requestor, answered questions that council had. Dave Price signed up to speak at this Public Hearing but declined to speak. Councilman Shirey made a MOTION to approve an ordinance amending the Zoning Map of the Town of Fort Mill so as to change the zoning designation for York County Tax Map Numbers 020-17-01-064 and 020-17-01-065 from PND, Planned Neighborhood Development to MXU, Mixed-Use Development. SECONDED by Councilman Helms. Failed 3-3. Councilwoman Cook, Councilman Moody and Councilwoman Heemsoth opposed. New Business Item #3 First Reading and Public Hearing: Amendment to Comprehensive Plan Case #2021- 0475 An ordinance amending the Town of Fort Mill 2040 Comprehensive Plan, which was adopted December 14, 2020, to amend the Future Land Use Map contained within the Town of Fort Mill 2040 Comprehensive Plan. – Penelope Karagounis Mayor Savage opened the floor for Public Hearing. No one signed up to speak. Page 3|6 Fort Mill Town Council Regular Meeting – Monday July 12, 2021  Councilman Shirey made a motion to approve an ordinance amending the Town of Fort Mill 2040 Comprehensive Plan, which was adopted December 14, 2020, to amend the Future Land Use Map contained within the Town of Fort Mill 2040 Comprehensive Plan. SECONDED by Councilman Helms. Failed 3-3. Councilwoman Cook, Councilman Moody, and Councilwoman Heemsoth opposed. New Business Item #4 First Reading and Public Hearing: Development Agreement Request: Crossroads Development Partners, LLC Case #2021-0487 An ordinance authorizing the entry by the Town of Fort Mill into a development agreement with Crossroads Development Partners, LLC, a North Carolina limited liability company, J. Max Hinson, LLC; J. Max Hinson, Jr; J. Max Hinson, III; Marshall Odell Hinson; J. Max Hinson, Jr., as Custodian for Adam Jason Hinson; Raynold Lee Saar and Christy Lee Saar; Lynnell Simmons Bailey, Judith Alesia Kimbrell, James Wayne Lancaster, Ronald Allen Vogel, John W. Maye, Sr., Brenda B. Tyson and Ronald H. Bailey; Christopher Robert Blanton, Vonnie James Blanton and Kenneth Dwayne Blanton and Thomas G. Haire for property located at York County Tax Map Numbers 020-17-01-064, 020-17-01-065, 738-00-00-046, 738-00-00-059, 738-00-00-077, and portion of 738-00-00-094, containing approximately 114.97 acres located on Fort Mill Parkway; authorizing the execution and delivery of such development agreement; and other matters relating thereto. Ward 4, Chris Moody. – Penelope Karagounis Mayor Savage opened the floor for Public Hearing. Four (4) people signed up to speak. Chris Stevens, declined to speak Phil Hayes, applicant, spoke in favor of the Development Agreement and answered questions for council members. Frieda Price, 1687 Williams Road, spoke in opposition of the Development Agreement. Carman Hamilton, 1788 N. Dobys Bridge Road, spoke in opposition of the Development Agreement. Councilman Shirey made a MOTION to approve an ordinance authorizing the entry by the Town of Fort Mill into a development agreement with Crossroads Development Partners, LLC, a North Carolina limited liability company, J. Max Hinson, LLC; J. Max Hinson, Jr; J. Max Hinson, III; Marshall Odell Hinson; J. Max Hinson, Jr., as Custodian for Adam Jason Hinson; Raynold Lee Saar and Christy Lee Saar; Lynnell Simmons Bailey, Judith Alesia Kimbrell, James Wayne Lancaster, Ronald Allen Vogel, John W. Maye, Sr., Brenda B. Tyson and Ronald H. Bailey; Christopher Robert Blanton, Vonnie James Blanton and Kenneth Dwayne Page 4|6 Fort Mill Town Council Regular Meeting – Monday July 12, 2021  Blanton and Thomas G. Haire for property located at York County Tax Map Numbers 020-17-01-064, 020-17-01-065, 738-00-00-046, 738-00-00- 059, 738-00-00-077, and portion of 738-00-00-094, containing approximately 114.97 acres located on Fort Mill Parkway; authorizing the execution and delivery of such development agreement; and other matters relating thereto. SECONDED by Councilman Helms. FAILED 3-3. Councilman Moody, Councilwoman Cook, and Councilwoman Heemsoth were opposed. New Business Item #5 A resolution to appoint and commission Eric Werner a Code Enforcement Officer for the proper security and general welfare for the Town of Fort Mill. Councilman Shirey made a MOTION to approve the resolution. SECONDED by Councilman Helms. Passed 6-0. New Business Item #6 A resolution to appoint and commission Simril Beckham a Code Enforcement Officer for the proper security and general welfare for the Town of Fort Mill. Councilwoman Heemsoth made a MOTION to approve the resolution. SECONDED by Councilman Shirey. Passed 6-0. 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. There are no Executive Session items. ADJOURN Councilman Shirey made a MOTION to adjourn. SECONDED by Councilman Helms. Passed 6-0. Being no more business to conduct, the meeting adjourned at 7:58 pm. 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. Page 5|6 Fort Mill Town Council Regular Meeting – Monday July 12, 2021 Respectfully Submitted: Virginia C. Burgess, CCC Town Clerk Approved by Council on: 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 6|6 Fort Mill Town Council Regular Meeting – Monday July 12, 2021  South Carolina Proclamation Fort Mill All–Star Dixie Youth Baseball Team Week WHEREAS: This Fort Mill All – Star Coach Pitch Team is comprised of 7- & 8- year-olds who played in our spring 2021 Parks & Recreation baseball league; and WHEREAS: This All – Star team was formed together after their regular season schedule was finished to compete and represent Fort Mill in the Dixie Youth Baseball District 2 tournament that was played in York from June 12 – 16, 2021 and the team won the District 2 Tournament. They went 4 – 0 in the district; and WHEREAS: This Fort Mill team competed in the Dixie Youth Baseball SC State Coach Pitch Tournament in Orangeburg from July 10 – 13, 2021 representing District 2 where they went 6 – 0 in the state tournament; and WHEREAS: This team will play in the Dixie Youth World Series in Laurel, Mississippi on August 7th – 11th representing South Carolina. WHEREAS: The Coaches for the All-Stars team are the following: Ryan Smith – Head Coach Jad Griffin – Asst. Coach Kevin Nesteruk – Asst. Coach Chris Mattox – Asst. Coach WHEREAS: The Players for the All-Stars team are the following: Brady Childers #24 Calvin Krantz #44 Chase Smith #13 Clay Swenson #10 Easton Nesteruk #25 Ethan Rodriguez #21 Graham Mattox #5 Gordon Owino #22 Henry Herchek #12 Ishaan Alluri #23  Jace Griffin #7 Tyler Teaver #11 NOW, THEREFORE I, Guynn Savage, along with the Fort Mill Town Council, do hereby proclaim the week of August 7th – 11th, 2021 as Fort Mill All–Star Dixie Youth Baseball Team Week recognition in the Town of Fort Mill, South Carolina. It is with pride and full support that we send this team to the Dixie Youth World Series representing our Hometown and the great state of South Carolina. Signed ________________________, Mayor Attest ______________________, Town Clerk MAIN STREET ROAD CLOSURE FOR MAIN STREET MERCHANTS PURPOSE OF CLOSURE • PROVIDE A SAFER PASSAGE FOR PATRONS • THE OPPORTUNITY FOR ALL MERCHANTS TO EXPAND THEIR FOOTPRINT OUTSIDE THEIR LOCATION TO RECOUP MONEY LOST DURING COVID-19 • THE ABILITY TO BE COVID-FRIENDLY TO DINERS WHO ARE STILL HESITANT ABOUT DINING INDOORS • THE ABILITY TO HAVE SEATING FOR CUSTOMERS WHO BUY TAKE-OUT MEALS FROM MERCHANTS • TO CREATE MORE WALKABILITY ON MAIN STREET THE PROCESS • THE TOWN ASKED FOR AND RECEIVED PERMISSION FROM SCDOT TO CLOSE PART OF MAIN STREET, FROM TOM HALL INTERSECTION TO CONFEDERATE INTERSECTION BEGINNING, WEEKENDS ONLY, FRIDAY, JULY 30-SUNDAY, AUGUST 29 • THE TOWN HAS BEEN IN CONTACT (VIA EMAIL, PHONE CONVERSATION OR IN PERSON) WITH ALL MERCHANTS IN THIS AREA OF MAIN STREET TO DISCUSS THEIR INDIVIDUAL PROS AND CONS WITH THE CLOSING PLAN. THE TOWN RECEIVED POSITIVE FEEDBACK FROM THE MAJORITY OF MERCHANTS. • THE TOWN MET WITH SEVERAL OF THE MERCHANTS INVOLVED IN THE CLOSURE AREA VIA A MICROSOFT TEAMS MEETING ON JULY 19, 2021, TO DISCUSS FINAL DETAILS AND GUIDELINES FOR PARTICIPATING MERCHANTS. THE MEETING WAS RECORDED AND PROVIDED TO MERCHANTS WHO COULD NOT ATTEND. CLOSURE DATES WEEKENDS ONLY FRIDAY, JULY 30 THROUGH SUNDAY, AUGUST 29  MERCHANT ▪ MUSIC: THE TOWN ASKED MERCHANTS TO ONLY HAVE ACOUSTIC MUSIC (NO AMPLIFIED SOUND) DURING THE CLOSURE GUIDELINES ▪ MUSIC: THE TOWN SUGGESTS TO MERCHANTS THAT IF THEY WOULD LIKE TO HAVE ACOUSTIC MUSIC, TO WORK ▪ SPACING: SET UP DIRECTLY IN FRONT OF TOGETHER AND HAVE ONE AT THE TOP OF MAIN AND ONE YOUR BUSINESS LOCATION ONLY. BE AT THE BOTTOM OF MAIN BUT NOT TO CONFLICT WITH EACH OTHER IN REGARD TO LOCATION OF MUSIC CONSIDERATE OF YOUR NEIGHBORS, EVEN IF THEY ARE CLOSED ▪ OUTSIDE BUSINESSES: NO OUTSIDE BUSINESSES ARE ALLOWED. THIS EVENT IS FOR MAIN STREET MERCHANTS ▪ RESTROOMS: IF IT IS DETERMINED THAT ONLY MORE RESTROOMS ARE NEEDED, IT’S UP ▪ DOOR DASH/GRUBHUB: THE TOWN SUGGESTS TO THE MERCHANTS TO SUPPLY MERCHANTS WORK TOGETHER TO DESIGNATE SPACES FOR PORTAJOHNS & HANDWASHING THIS IF THEY NEED IT STATIONS ▪ PROMOTIONS: THE TOWN ASKED MERCHANTS TO ▪ THE TOWN WILL SUPPLY TRASH SHARE/TAG TOWN OF FORT MILL ON THEIR INDIVIDUAL PROMOTIONS FOR THIS EVENT AND THE TOWN WILL ROLLCARTS, BUT ASKS MERCHANTS TO SHARE ON OUR SOCIAL MEDIA PLATFORMS MONITOR DURING THE WEEKEND AND REFRESH WITH EMPTY CARTS AS ▪ TENTS: IF USING TENTS, THEY MUST BE PROPERLY WEIGHTED PER FORT MILL FIRE MARSHALL GUIDELINES NEEDED TOWN PROVIDES ROAD CLOSURE APPROVAL BARRICADES/CONES FOR ROAD CLOSURE DETOUR SIGNS FOR TRAFFIC ROLL CARTS SIGNAGE DESIGNATING “WEEKENDS ON MAIN” PROMOTE “WEEKENDS ON MAIN”, THE ACTUAL CLOSURE, ON TOWN SOCIAL MEDIA DETOURS TRAVELING ON SPRATT STREET Begin Detour Continue on Spratt Street to Railroad Avenue Right on Railroad Avenue to Watson Street Left on Watson Street to Williamson Street Left on Williamson Street Proceed straight to Tom Hall Street Right on Tom Hall Street End Detour DETOURS TRAVELING WEST ON TOM HALL STREET (SC HWY 160) Begin Detour Close left turning lane onto Main Street Proceed straight on Tom Hall Street to Clebourne Street Right on White Street (SC HWY 160) End Detour TRAVELING EAST ON WHITE STREET (SC HWY 160) Begin Detour Left on Clebourne Street Proceed Straight onto Tom Hall Street (SC HWY 160) End Detour All trucks must use Clebourne Street and Tom Hall Street to detour Main Street. RESOLUTION SEEKING TOWN COUNCIL APPROVAL OF RESOLUTION FOR PUBLIC ALCOHOL SALES AND CONSUMPTION DURING “WEEKENDS ON MAIN” FOR THESE DATES, WEEKENDS ONLY, FRIDAY, JULY 30-SUNDAY, AUGUST 29, 2021 THIS WILL ALLOW PATRONS TO BE OUTSIDE ON MAIN WITH ALCOHOL THIS WILL ALLOW THE MERCHANTS TO SELL/SERVE ALCOHOL IN THEIR DESIGNATED SPACE OUTSIDE ON MAIN FOR “WEEKENDS ON MAIN” DETAILS VISIT @fortmillsc WWW.FORTMILLSC.GOV & FOLLOW TOWN OF FORT MILL ON SOCIAL MEDIA town_of_fort_mill THANK YOU! @townoffortmill  Meeting Information Meeting Type Town Council Meeting Date July 26, 2021 Request Summary X Action (Old Bus.) 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 Crossroads Development Partners, LLC Property Owner Thomas G. Haire, Christopher Robert Blanton; Vonnie James Blanton; and Kenneth Dwayne Blanton, Raynald Lee Saar and Christy Lee Saar, Lynnell Simmons Bailey; Judith Alesia Kimbrell; James Wayne Lancaster; Ronald Allen Vogel; John W. Maye, Sr.; Brendon B. Tyson; and Ronald H. Bailey. Property Location located on Fort Mill Parkway and off Haire Road. Tax Map Number 738-00-00-059, Portion of 738-00-00-094, 738-00-00-077, & 738-00-00-046 Acreage 36.71 +/- acres Current Zoning RD-II (York County) Proposed Zoning MXU Existing Use Vacant Title AN ORDINANCE ANNEXING YORK COUNTY TAX MAP NUMBER(S) 738-00-00-059, PORTION OF 738-00- 00-094,738-00-00-077, AND 738-00-00-046 CONTAINING APPROXIMATELY 36.71 +/- ACRES LOCATED ON FORT MILL PARKWAY AND OFF OF HAIRE ROAD. Background Information Site The Town has received an annexation petition for York County Tax Map Numbers Characteristics 738-00-00-059, 738-00-00-094, 738-00-00-077, and 738-00-00-046. The subject property consists of 36.71 +/- acres and is located on Fort Mill Parkway and off of Haire Road. Neighboring Direction Zoning Existing Use Uses North PND, RD-II Vacant, Single-family Residential (YC), BD- III (YC) South RD-II (YC), Single-family Residential, Vacant RUD (YC) East PND, RUD Vacant (YC) West HC, RD-II The Goddard School, Single-family (YC) Residential Zoning The property is currently zoned RD-II in York County. The county’s RD-II district Summary allows single-family residences (10,000 sf per dwelling), townhomes (2,000 sf per unit), apartments and condominiums. The district also allows child/adult care centers, religious uses, manufactured home subdivisions, parks, nursing facilities and schools. The RD-II District also requires a minimum open space of 20%. The property is currently vacant. The applicant intends to develop the property, together with two parcels of abutting property, as a mixed-use community of age-restricted residences and a mix of retail, medical offices, independent and assisted living and memory care facilities, and added commercial businesses; Crossroads Concept Plan and the proposed Development Conditions, as well as the applicant’s rezoning request, are introduced as separate agenda items (see new business items #3 and #5). 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. The property is also subject to the requirements of the Corridor Overlay District (COD/COD-N). Comprehensive The subject property is located within an area that has been designated as “Low- Plan Moderate Density” on the Town of Fort Mill’s Future Land Use Map. This land use category is for single-family detached neighborhoods with up to three dwellings units per acre. Moderate density residential developments will have average lot  sizes of 15,000 square feet, many have off-street pedestrian facilities, and average setbacks. Though the parcel is designated as “Low-Moderate Density”, a separate agenda item (see new business item #4) is proposed to amend the preferred land use in this location to Mixed Use – Neighborhood. The neighborhood mixed-use offers residents the ability to live, shop, work and play in one community. These neighborhoods include a mixture of housing types and residential densities integrated with goods and services in a walkable community that residents visit daily. The design and scale of the development encourage active living through a comprehensive and interconnected network of walkable streets. The Mixed-Use- Neighborhood supports the overall concept of the applicant’s proposal. Traffic Impact The annexation development application required the completion of a traffic impact analysis (TIA). Preparation of this TIA was completed by the town’s traffic engineering consultant and included coordination with SCDOT. Completion of this TIA indicated the necessity of off-site transportation improvements to mitigate the development’s impact to the transportation network. Construction of these off-site transportation improvements will be the responsibility of the developer. A copy of the transportation mitigation agreement (TMA) is attached to this report. Fire Impact The property is located approximately 1.3 miles (3 Minutes) ordinary driving distance from the town’s Fire Station on Fort Mill Parkway Utility Impact The subject property will be served by the town’s water and sewer system. The applicant would be required to work with the Town of Fort Mill Utilities Department to determine all improvements necessary to serve the property. School Impact The applicant’s request would not provide any additional impact to the Fort Mill School District. Discussion 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 #4), is deemed consistent with the applicant’s proposal as noted above. In addition to the agenda item regarding rezoning (see new business item # 3) and recognizing the applicant is seeking to enter into a development agreement with the town (see new business item #5), These parcels meet Town of Fort Mill criteria for an annexation request and zoning to MXU. June 15, 2021 Planning The Planning Commission met on June 15, 2021 and heard the annexation request Commission of York County Tax Map Number(s) 738-00-00-059, PORTION OF 738-00-00- Meeting 094,738-00-00-077, AND 738-00-00-046 containing approximately 36.71 +/- acres located on Fort Mill Parkway and off of Haire Road. The Planning Commission made a recommendation to approve the annexation request by a vote of 4-2 with the condition of adding the word “portion of” to Tax Map Parcel Number of 738-00-00- 094. The portion of the Blanton property included in this annexation request is for the portion of the parcel located on the east side of Fort Mill Parkway. July 12, 2021 Town Council The Fort Mill Town Council met on July 12, 2021 and held the public hearing with Meeting the first reading of the annexation request for Crossroads Development Partners, LLC. Five citizens spoke against the annexation request and cited their concerns for safety, traffic, and development in this area. There was discussion among Council members on how the annexation request with the MXU zoning district would self-contain the traffic and reduce some of the traffic concerns. The proposed development would be age-restricted and mixed use, where residents would be able to contain their daily trips within the project. The Town Council voted to approve the annexation request by a vote of 4-2. However, the other three ordinances, which were the rezoning request for the Hinson properties (that were in the Town limits) to be rezoned from PND to MXU, the amendment of the Comprehensive Plan, Future Land Use Map, and the development agreement of the Crossroads Development Partners, LLC were denied because the vote was tied 3-3 and the motion failed.  Due to the other ordinances failing, the second reading of the annexation request should be denied because there is no approved development conditions or concept plan tied to the MXU zoning district for the Crossroads Development Partners, LLC project. Alternatives 1. Approve the second reading of the annexation ordinance with a zoning designation of MXU 2. Approve the second of the annexation ordinance with an alternate zoning designation 3. Deny the annexation request. Agenda Action Item These parcels meet Town of Fort Mill criteria for an annexation request Agenda Item Status and zoning to MXU Name & Title Penelope Karagounis, Planning Director Department Planning Department Date of Request June 15th, 2021 Legislative History Planning Commission 06/15/2021: Approved by a vote of 4-2 First Reading 7/12/2021: Approved by a vote of 4-2 Public Hearing 7/12/2021: Held with five citizens speaking against the annexation request Second Reading 7/26/2021 Effective Date Upon adoption Attachments • Application • Zoning Map • Aerial Image • Draft Ordinance • Transportation Mitigation Agreement (TMA) Study Area Pedestrian and Bicycle Improvements • Incorporation of five-foot minimum sidewalks and bike lanes along the site’s Fort Mill 325’ Parkway frontage and in the Proposed Development’s roadway improvement areas along Fort Mill Parkway where the outside edge of travel way is impacted by widening associated with Developer’s vehicular lane addition(s), as called for by the Rock Hill Fort Hensley Rd Mill Transportation Study (RFATS) Bike Walk plan. • Incorporation of a shared-use path, as called for by the RFATS Bike Walk plan, or five-foot Fort Mill Parkway minimum sidewalk along the site’s N Dobys Bridge Road frontage. 100’ • Incorporation of five-foot minimum sidewalk along the site’s Williams Road frontage. • Installation of a full four-way stop-control pedestrian crossing along Fort Mill Pkwy. Exact Tybee Dr Legion Rd location and details of the crossing along the site’s frontage should be coordinated with Town staff. • Installation of crosswalks and pedestrian ramps/truncated dome mats across the site accesses as appropriate. • Installation of a crosswalk on the south leg of Fort Mill Parkway at the Williams Road 350’ intersection, along with pedestrian ramps/truncated dome mats and signalization. 150’ Williams Rd Williams Rd 275’ 100’ 150’ Access 2 Access 1 Access 3 50’ 70’ IPS Access 4 Access 5 70’ IPS 30’ IPS 125’ IPS 230’ IPS 75’ SITE 150’ N Dobys Bridge Rd SITE 150’ 150’ Access 6 Access 7 155’ IPS 150’ 150’ IPS 150’ Harris Teeter Center Harris Teeter Center Access 1 Access 2 Haire Rd 100’ 525’ 150’ 150’ 325’ (Reconfigure) 200’ 550’ 150’ 350’ 425’ LEGEND Fort Mill Parkway 350’ 150’ Existing Lane 250’ 150’ X’ Storage Length 600’ Maximize DROP Maximize 325’ (Restripe) 100’ Traffic Signal Dobys Bridge Rd Maximize Maximize Stop Control Holbrook Rd Background Improvements Whites Rd Recommended Mitigation NOT TO SCALE IPS Internal Protected Stem Crossroads Development Final Mitigation Improvements Exhibit 1 Transportation Impact Analysis  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2021-___ AN ORDINANCE ANNEXING THE PROPERTY CURRENTLY OR FORMERLY KNOWN AS YORK COUNTY TAX MAP NUMBERS 738-00-00-059, PORTION OF 738-00-00-094, 738-00-00-077, AND 738-00-00-046 CONTAINING APPROXIMATELY 36.71 +/- ACRES LOCATED ON FORT MILL PARKWAY AND OFF OF HAIRE ROAD WHEREAS, a proper petition was submitted to the Fort Mill Town Council on June 3rd, 2021, by Crossroads Development Partners, LLC on behalf of Thomas G Haire, Christopher Robert Blanton, Vonnie James Blanton, Kenneth Dwayne Blanton, Christy Lee Saar, Raynald Lee Saar, Lynnell Simmons Bailey, Judith Alesia Kimbrell, James Wayne Lancaster, Ronald Allen Vogel, John W. Maye Sr., Brenda B. Tyson, and Ronald H. Bailey (the “Property Owners”), requesting the property currently or formerly known as York County Tax Map Number(s) 738-00-00-059, 738-00-00-094, 738-00-00-077, and 738- 00-00-046 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 June 15th, 2021, reviewed the request and forwarded their recommendation to Town Council; and WHEREAS, a public hearing was advertised and held on July 12th, 2021, 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 Owners 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 36.71 +/- 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 four (4). 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 that the Property Owners transfer the above-described property to Crossroads Development Partners, LLC, through one or more deeds recorded in the Office of the Register of Deeds, York County, South Carolina. If the Property has not been transferred within one hundred eighty (180) days from the date of adoption, this ordinance shall be of no force or effect. 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. FirstReading: 07/12/2021 TOWN OF FORT MILL Public Hearing: 07/12/2021 Second _____________________________ Second Reading: 07/26/2021 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 36.71 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) 738-00-00-059, portion of 738-00-00-094, 738-00-00-077, and 738-00-00-046. 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 Numbers 738-00-00-059, portion of 738-00-00-094, 738-00-00-077, and 738-00-00-046 Study Area Pedestrian and Bicycle Improvements • Incorporation of five-foot minimum sidewalks and bike lanes along the site’s Fort Mill 325’ Parkway frontage and in the Proposed Development’s roadway improvement areas along Fort Mill Parkway where the outside edge of travel way is impacted by widening associated with Developer’s vehicular lane addition(s), as called for by the Rock Hill Fort Hensley Rd Mill Transportation Study (RFATS) Bike Walk plan. • Incorporation of a shared-use path, as called for by the RFATS Bike Walk plan, or five-foot Fort Mill Parkway minimum sidewalk along the site’s N Dobys Bridge Road frontage. 100’ • Incorporation of five-foot minimum sidewalk along the site’s Williams Road frontage. • Installation of a full four-way stop-control pedestrian crossing along Fort Mill Pkwy. Exact Tybee Dr Legion Rd location and details of the crossing along the site’s frontage should be coordinated with Town staff. • Installation of crosswalks and pedestrian ramps/truncated dome mats across the site accesses as appropriate. • Installation of a crosswalk on the south leg of Fort Mill Parkway at the Williams Road 350’ intersection, along with pedestrian ramps/truncated dome mats and signalization. 150’ Williams Rd Williams Rd 275’ 100’ 150’ Access 2 Access 1 Access 3 50’ 70’ IPS Access 4 Access 5 70’ IPS 30’ IPS 125’ IPS 230’ IPS 75’ SITE 150’ N Dobys Bridge Rd SITE 150’ 150’ Access 6 Access 7 155’ IPS 150’ 150’ IPS 150’ Harris Teeter Center Harris Teeter Center Access 1 Access 2 Haire Rd 100’ 525’ 150’ 150’ 325’ (Reconfigure) 200’ 550’ 150’ 350’ 425’ LEGEND Fort Mill Parkway 350’ 150’ Existing Lane 250’ 150’ X’ Storage Length 600’ Maximize DROP Maximize 325’ (Restripe) 100’ Traffic Signal Dobys Bridge Rd Maximize Maximize Stop Control Holbrook Rd Background Improvements Whites Rd Recommended Mitigation NOT TO SCALE IPS Internal Protected Stem Crossroads Development Final Mitigation Improvements Exhibit 1 Transportation Impact Analysis Town Council Meeting New Business Item “Weekends on Main” Public Alcohol Sales and Consumption A resolution designating Main Street (Tom Hall Street to Confederate Street-Barricade Zone) as the site of a public event in which alcoholic beverages may be sold, possessed, and consumed on weekends only, Friday, July 30-Sunday, August 29, 2021. Pursuant to Sec. 24-30(b)(2) of the Code of Ordinances for the Town of Fort Mill, the council is asked to consider a request from Main Street Merchants to designate Main Street (Tom Hall Street to Confederate Street-Barricade Zone), as the site of a public event at which alcoholic beverages may be sold, possessed, and consumed. This request would allow for an exception from the public consumption ordinance on weekends only, Friday, July 30- Sunday, August 29, 2021. With council’s approval, alcohol sales, possession and consumption would be permitted between 3:00pm on Fridays until 10:00pm on Sundays, weekends only, Friday, July 30-Sunday, August 29, 2021. Main Street Merchants will be responsible for alcohol sales under their current alcohol licenses and permits. Staff will be available during the meeting to answer any questions that council may have regarding this item. Recommendation It is recommended that council approve the request. David Broom July 26, 2021 STATE OF SOUTH CAROLINA TOWN OF FORT MILL A RESOLUTION DESIGNATING MAIN STREET (TOM HALL TO CONFEDERATE STREET- BARRICADE ZONE) AS THE SITE OF A PUBLIC EVENT AT WHICH ALCOHOLIC BEVERAGES MAY BE SOLD, POSSESSED AND CONSUMED, ON WEEKENDS ONLY, FRIDAY, JULY 29-SUNDAY, AUGUST 29, 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, the Public Event, “Weekends on Main” scheduled to take place, weekends only, Friday, July 30-Sunday, August 29, 2021, on Main Street, Fort Mill from Tom Hall Street to Confederate Street-Barricade Zone; and WHEREAS, the Town Council has determined that the applicant has proposed and will take the necessary precautions to 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 from Tom Hall Street and Confederate Street-Barricade Zone, as the site of a public event at which alcoholic beverages may be sold, possessed, and consumed, on weekends only, Friday, July 30-Sunday, August 29, 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