Town Council

Fort Mill Town Council Regular Meeting April 25, 2022 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION MINUTES Minutes of the April 11, 2022, 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. Citizens will be given 3 minutes each to speak. PRESENTATIONS There are no Presentations. OLD BUSINESS ITEMS Old Business Item #1 Second Reading: An ordinance amending Ordinance No. 2021-22 so as to change the effective date for the rezoning of York County Tax Map Numbers 020-17-01-064 and 020- 17-01-065 from PND, Planned Neighborhood Development to MXU, Mixed-Use Development – Chris Pettit Page 1|3  Old Business Item #2 Second Reading: An ordinance amending Ordinance No. 2021-24 so as to change the effective date of the 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; 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 properties located at York County Tax Map Numbers 020-17-01-064, 020-17-01-065, 738-00-00-059, portion of 738-00-00-094, 738-00-00- 077, and 738-00-00-046; and authorizing execution and delivery of an amended agreement – Chris Pettit Old Business Item #3 Second Reading: An ordinance amending Ordinance No. 2021-25 so as to change the effective date for the annexation of 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 – Chris Pettit NEW BUSINESS ITEMS New Business Item #1 A resolution electing the standard allowance for lost revenues under the American Rescue Plan. – Chantay Bouler INFORMATION/DISCUSSION Information/Discussion Item #1 An ordinance amending the zoning ordinance for the Town of Fort Mill; Article II, Requirements by District; Section 21, Tom Hall Street Corridor District; so as to amend the prohibition on car washes in the Overlay District. – Penelope Karagounis Information/Discussion Item #2 Long Range Facilities Plan – Phillip Aycock COMMITTEE REPORTS Committee Report #1 Ad Hoc Appointments Committee’s recommended appointment for Board of Zoning Appeals. – Councilman Helms, Chairman EXECUTIVE SESSION Page 2|3  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 The following press was notified of the meeting by email or fax in accordance of the Freedom of Information Act: The Herald; CN2; WRHI, WSOC and WBTV. The agenda was also posted 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 3|3  Fort Mill Town Council Regular Meeting Minutes April 11, 2022 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Pro Tem Helms, Councilman Wolfe, Councilman Garrison and Councilman Hudgins were present. Mayor Savage, Councilwoman Cook and Councilman Moody were absent. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Councilman Wolfe provided the invocation. MINUTES Minutes of the March 28, 2022, Town Council Meeting Councilman Wolfe made a MOTION to approve the minutes of the March 28, 2022, Town Council meeting. SECONDED by Councilman Hudgins. 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. Citizens will be given 3 minutes each to speak. No one signed up for Public Comment. PRESENTATIONS Page 1|6  Presentation #1 Proclamation presentation in honor of Children’s Mental Health Awareness Day – Mayor Pro Tem Helms Presentation #2 Hometown Recognition Ceremony (April 21st) Jacona Hester explained that SC House Rep. Raye Felder initiated this Hometown Recognition ceremony to honor hometown heroes and champions. Governor Henry McMaster will present the awards. The State, Fort Mill School District and Town of Fort Mill are partnering to present this event. Presentation #3 13th Annual South Carolina Strawberry Festival (April 29th – May 7th) Jacona Hester explained that The Town of Fort Mill is excited to announce its slate of events for the 13th Annual South Carolina Strawberry Festival Week, which kicks off Friday, April 29 and will culminate in the return of our live festival on Friday and Saturday, May 6 and 7 in Walter Y. Elisha Park. All event information can be found on the Town website at www.fortmillsc.gov. OLD BUSINESS ITEMS Old Business Item #1 Public Hearing and Second Reading: An ordinance amending the zoning ordinance for the Town of Fort Mill; Article II, Requirements by District; Section 24, COD/COD-N Corridor Overlay District; Subsection 12, Signs; so as to delete pole signage; Article III, Signs; so as to amend the requirements for Temporary Signage and to delete Pole Signage; Article VI, Administration, Enforcement, Penalties, and Fees; Subsection 4.3 (E); so as to amend the consecutive day limit as to reflect changes made in Article III; and, to provide other matters relating thereto – Penelope Karagounis Councilman Wolfe made a MOTION to approve Second Reading of an ordinance amending the zoning ordinance for the Town of Fort Mill; Article II, Requirements by District; Section 24, COD/COD-N Corridor Overlay District; Subsection 12, Signs; so as to delete pole signage; Article III, Signs; so as to amend the requirements for Temporary Signage and to delete Pole Signage; Article VI, Administration, Enforcement, Penalties, and Fees; Subsection 4.3 (E); so as to amend the consecutive day limit as to reflect changes made in Article III; and, to provide other matters relating thereto. SECONDED by Councilman Hudgins. Passed 4-0. NEW BUSINESS ITEMS Page 2|6 New Business Item #1 A resolution designating the sites of a public festival (Strawberry Sprint & Stroll 5k, Downtown Strawberry Jam, and the South Carolina Strawberry Festival) at which alcoholic beverages may be consumed, and to authorize special event permits for live music, sound amplifying equipment, and fireworks – Jacona Hester Councilman Hudgins made a MOTION to approve a resolution designating the sites of a public festival (Strawberry Sprint & Stroll 5k, Downtown Strawberry Jam, and the South Carolina Strawberry Festival) at which alcoholic beverages may be consumed, and to authorize special event permits for live music, sound amplifying equipment, and fireworks. SECONDED by Councilman Wolfe. Passed 4-0. New Business Item #2 First Reading: An ordinance amending Ordinance No. 2021-22 so as to change the effective date for the rezoning of York County Tax Map Numbers 020-17-01-064 and 020- 17-01-065 from PND, Planned Neighborhood Development to MXU, Mixed-Use Development. Chris Pettit, Assistant Town Manager, explained that The Crossroads developer (Crossroads Development Partners, LLC) has requested an extension of the sunset provision of their various approvals. The original approvals of the development agreement, annexation, and rezoning required the developer take title of the properties within 240 days of Town Council’s approval. The developer is asking for an amendment to change the requirement so as to allow 480 days from Town Council’s original approval for them to take title of the properties. This ordinance would amend the sunset provision in the original rezoning ordinance to extend it to 480 days. Councilman Wolfe made a MOTION to approve an ordinance amending Ordinance No. 2021-22 so as to change the effective date for the rezoning of 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 Hudgins. Passed 4-0. New Business Item #3 First Reading: An ordinance amending Ordinance No. 2021-24 so as to change the effective date of the 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; 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 properties located at York County Tax Map Numbers Page 3|6  020-17-01-064, 020-17-01-065, 738-00-00-059, portion of 738-00-00-094, 738-00-00- 077, and 738-00-00-046; and authorizing execution and delivery of an amended agreement. Mr. Pettit explained that The Crossroads developer (Crossroads Development Partners, LLC) has requested an extension of the sunset provision of their various approvals. The original approvals of the development agreement, annexation, and rezoning required the developer take title of the properties within 240 days of Town Council’s approval. The developer is asking for an amendment to change the requirement so as to allow 480 days from Town Council’s original approval for them to take title of the properties. This ordinance would amend the sunset provision in the original development agreement ordinance and authorize the execution of an amended development agreement including the new 480-day sunset provision. Councilman Garrison made a MOTION to approve an ordinance amending Ordinance No. 2021-24 so as to change the effective date of the 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; 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 properties located at York County Tax Map Numbers 020-17-01-064, 020-17-01-065, 738-00-00-059, portion of 738-00- 00-094, 738-00-00-077, and 738-00-00-046; and authorizing execution and delivery of an amended agreement. SECONDED by Councilman Wolfe. Passed 4- 0. New Business Item #4 First Reading: An ordinance amending Ordinance No. 2021-25 so as to change the effective date for the annexation of 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. Mr. Pettit stated that this ordinance would amend the sunset provision in the original annexation ordinance to extend it to 480 days. Councilman Wolfe made a MOTION to approve an ordinance amending Ordinance No. 2021-25 so as to change the effective date for the annexation of 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. SECONDED by Councilman Hudgins. Passed 4- 0. COMMITTEE REPORTS Page 4|6 Committee Report #1 Ad Hoc Appointments Committee’s recommendations for appointments to the Planning Commission, Board of Zoning Appeals, and Historic Review Board. – Mayor Pro Tem Helms Board of Zoning Appeals Seat 3: Recommend reappointing Jody Stegall to serve a new three-year term for Seat 3, which will expire on April 12, 2025. Seat 4: Recommend reappointing Carolyn Blair to serve a new three-year term for Seat 4, which will expire on April 12, 2025. Councilman Wolfe made a MOTION to approve the 2 recommended appointments to the Board of Zoning Appeals. SECONDED by Councilman Hudgins. Passed 4-0. Historic Review Board Seat 3: Recommend reappointing Scott Couchenour to serve a new three-year term for Seat 3, which will expire on April 12, 2025. Seat 4: Recommend reappointing Jessica Scarlett to serve a new three-year term for Seat 4, which will expire on April 12, 2025. Seat 5: Recommend reappointing Megan Brinton to serve a new three-year term for Seat 5, which will expire on April 12, 2025. Seat 6: Recommend appointing Nikki Todaro to serve the remainder of the term for Seat 7, which expires on April 24, 2023. Councilman Garrison made a MOTION to approve the 4 recommended appointments to the Historic Review Board. SECONDED by Councilman Hudgins. Passed 4-0. Planning Commission Seat 3: Recommend appointing Jason Therrell to serve a new three-year term for Seat 3, which will expire on April 12, 2025. Seat 4: Recommend reappointing Dan Stout to serve a new three-year term for Seat 4, which will expire on April 12, 2025. Seat 5: Recommend reappointing Mark Kerr to serve a new three-year term for Seat 5, which will expire on April 12, 2025. Page 5|6  Councilman Wolfe made a MOTION to approve the 3 recommended appointments to the Planning Commission. SECONDED by Councilman Garrison. Passed 4-0. 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. There were no Executive Session Items. ADJOURN Councilman Wolfe made a MOTION to adjourn. SECONDED by Councilman Hudgins. Passed 4-0. Being no more business to conduct, the meeting adjourned at 6:41 p.m. The following press was notified of the meeting by email or fax in accordance of the Freedom of Information Act: The Herald; CN2; WRHI, WSOC and WBTV. The agenda was also posted on the board outside of the entrance to Town Hall the required length of time and on the Town website. Respectfully Submitted: Virginia C. Burgess, CCC, CMC Approved by Council: 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  Meeting Information Meeting Type Town Council Meeting Date April 25, 2022 Request Summary X Action (Old Bus.) Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation X Rezoning Text Amendment Case Type Subdivision Plat Appearance Review X Other Title AN ORDINANCE AMENDING ORDINANCE NO. 2021-22 SO AS TO CHANGE THE EFFECTIVE DATE FOR THE REZONING OF YORK COUNTY TAX MAP NUMBERS 020-17-01-064 AND 020-17-01-065 FROM PND, PLANNED NEIGHBORHOOD DEVELOPMENT TO MXU, MIXED-USE DEVELOPMENT Background Information Request Summary The Crossroads developer (Crossroads Development Partners, LLC) has requested an extension of the sunset provision of their various approvals. The original approvals of the development agreement, annexation, and rezoning required the developer take title of the properties within 240 days of Town Council’s approval. The developer is asking for an amendment to change the requirement so as to allow 480 days from Town Council’s original approval for them to take title of the properties. Approval of this ordinance would amend the sunset provision in the original rezoning ordinance to extend it to 480 days, allowing the developer more time to take ownership of the property and allow the project to continue. Denial of this ordinance would invalidate the original rezoning ordinance if the property is not taken into the ownership of the developer by May 11th.  Alternatives 1. Approve second reading of the ordinance as written 2. Deny second reading Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request April 11, 2022 Attachments • Zoning Map • Aerial Image • Draft Ordinance Zoning Map Aerial Image  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2022-___ AN ORDINANCE AMENDING ORDINANCE NO. 2021-22 SO AS TO CHANGE THE EFFECTIVE DATE FOR THE REZONING OF YORK COUNTY TAX MAP NUMBERS 020-17-01-064 AND 020-17-01-065 FROM PND, PLANNED NEIGHBORHOOD DEVELOPMENT TO MXU, MIXED-USE DEVELOPMENT WHEREAS, on September 13, 2021, Town Council gave final reading approval to Ordinance No. 2021-22, entitled “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;” and WHEREAS, Section IV (“Effective Date”) of Ordinance No. 2021-22 contained the following provision: “This ordinance shall be effective from and after the date that the Property Owner transfers 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 two hundred forty (240) days from the date of adoption, this ordinance shall be of no force or effect;” and WHEREAS, the Property Owner and Town Council now wish to amend Ordinance No. 2021- 22, so as to amend the effective date of the ordinance; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Fort Mill in Council assembled: SECTION I. Amending the Effective Date of Ordinance No. 2021-22. It is hereby declared by the Town Council of the Town of Fort Mill, in Council assembled, that Section IV (“Effective Date”) of Ordinance No. 2021-22, which was adopted by Town Council on September 13, 2021, shall hereby be amended to read as follows: “This ordinance shall be effective from and after the date that the Property Owner transfers 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 four hundred eighty (480) days from the date of adoption, this ordinance shall be of no force or effect.” SECTION II. Invocation of Pending Ordinance Doctrine. The pending ordinance doctrine, as defined and applied by the South Carolina Supreme Court in the case of Sherman vs. Reavis 273 S.C. 542, 257 S.E. 2d 735, and as adopted and applied by the state courts in other decisions, is hereby adopted and declared to be in full force and effect following first reading approval of this ordinance. SECTION III. 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 IV. Effective Date. This ordinance shall be effective from and after the date of adoption. The amendment approved herein to Section IV of Ordinance No. 2021-22 shall apply retroactively to the original Ordinance No. 2021-22 nunc pro tunc. SIGNED AND SEALED this _____ day of ___________________, 2022, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2022. First Reading: TOWN OF FORT MILL Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia C. Burgess, Town Clerk  Meeting Information Meeting Type Town Council Meeting Date April 25, 2022 Request Summary X Action (Old Bus.) 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 AN ORDINANCE AMENDING ORDINANCE NO. 2021-24 SO AS TO CHANGE THE EFFECTIVE DATE OF THE 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; 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 PROPERTIES LOCATED AT YORK COUNTY TAX MAP NUMBERS 020-17-01-064, 020-17-01-065, 738-00-00-059, PORTION OF 738-00-00-094, 738-00- 00-077, AND 738-00-00-046; AND AUTHORIZING EXECUTION AND DELIVERY OF AN AMENDED AGREEMENT Background Information Request Summary The Crossroads developer (Crossroads Development Partners, LLC) has requested an extension of the sunset provision of their various approvals. The original approvals of the development agreement, annexation, and rezoning required the developer take title of the properties within 240 days of Town Council’s approval. The developer is asking for an amendment to change the requirement so as to allow 480 days from Town Council’s original approval for them to take title of the properties. Approval of this ordinance would amend the sunset provision in the original development agreement ordinance and authorize the execution of an amended development agreement including the new 480 day sunset provision, which would allow the developer more time to take ownership of the property and allow the project to continue.  Denial of this ordinance would invalidate the original development agreement ordinance if the property is not taken into the ownership of the developer by May 11th. Alternatives 1. Approve second reading of the ordinance as written 2. Deny second reading Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request April 11, 2022 Attachments • Draft Ordinance  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2022-___ AN ORDINANCE AMENDING ORDINANCE NO. 2021-24 SO AS TO CHANGE THE EFFECTIVE DATE OF THE 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; 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 PROPERTIES LOCATED AT YORK COUNTY TAX MAP NUMBERS 020-17-01-064, 020-17-01-065, 738-00-00-059, PORTION OF 738-00-00-094, 738-00-00-077, AND 738-00-00-046; AND AUTHORIZING EXECUTION AND DELIVERY OF AN AMENDED AGREEMENT WHEREAS, on September 13, 2021, Town Council gave final reading approval to Ordinance No. 2021-24, entitled “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 738-00-00-094 (Portion), containing approximately 114.97 acres located on Fort Mill Parkway; authorizing the execution and delivery of such development agreement; and other matters relating thereto;” and WHEREAS, Section 2.3 (“Effective Date”) of Ordinance No. 2021-24 contained the following provision: “This ordinance shall be effective from and after the date of adoption. The agreement requires that the Developer take title to all portions of the Property through one or more deeds to be recorded in the Office of the Register of Deeds, York County, South Carolina. If the Property has not been acquired by the Developer within two hundred forty (240) days from the date of the adoption of the Ordinance by the Town Council authorizing and approving this Agreement, this Agreement shall be of no force or effect;” and WHEREAS, the Property Owner and Town Council now wish to amend the Effective Date language contained within Section 2.3 of Ordinance No. 2021-24, as well as the Development Agreement contained within Exhibit A to Ordinance No. 2021-24, so as to amend the date upon which the Developer must take title to all Portions of the Property; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Fort Mill in Council assembled: SECTION I. Amending the Effective Date of Ordinance No. 2021-24. It is hereby declared by the Town Council of the Town of Fort Mill, in Council assembled, that Section 2.3 (“Effective Date”) of Ordinance No. 2021-24, which was adopted by Town Council on September 13, 2021, shall hereby be amended to read as follows: “This ordinance shall be effective from and after the date of adoption. The agreement requires that the Developer take title to all portions of the Property through one or more deeds to be recorded in the Office of the Register of Deeds, York County, South Carolina. If the Property has not been acquired by the Developer within four hundred eighty (480) days from the date of the adoption of the Ordinance by the Town Council authorizing and approving this Agreement, this Agreement shall be of no force or effect.” SECTION II. Execution and Delivery of Amendment to Agreement. The Town Council hereby authorizes the Mayor of the Town to execute and deliver an amendment to the Development Agreement to the Developer, extending the due date in Section 19 of the Development Agreement for the acquisition of all portions of the Property to four hundred eighty (480) days from the date of the adoption of Ordinance No. 2021-24, which amendment is attached hereto as Exhibit A. The Town Clerk is authorized to affix, emboss, or otherwise reproduce the seal of the Town to the amendment and attest the same. SECTION III. Invocation of Pending Ordinance Doctrine. The pending ordinance doctrine, as defined and applied by the South Carolina Supreme Court in the case of Sherman vs. Reavis 273 S.C. 542, 257 S.E. 2d 735, and as adopted and applied by the state courts in other decisions, is hereby adopted and declared to be in full force and effect following first reading approval of this ordinance. SECTION IV. 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 V. Effective Date. This ordinance shall be effective from and after the date of adoption. The amendment approved herein to Section 2.3 of Ordinance No. 2021-24 shall apply retroactively to the original Ordinance No. 2021-24 nunc pro tunc. [Signature Pages Follow]  SIGNED AND SEALED this _____ day of ___________________, 2022, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2022. First Reading: TOWN OF FORT MILL Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia C. Burgess, Town Clerk  EXHIBIT A TO ORDINANCE AMENDMENT TO DEVELOPMENT AGREEMENT STATE OF SOUTH CAROLINA ) FIRST AMENDMENT TO ) DEVELOPMENT AGREEMENT COUNTY OF YORK ) This First Amendment Development Agreement is made and entered this day of ________________, 2022, (the “Effective Date”) by and between Crossroads Development Partners, LLC (“Developer”), and the Town of Fort Mill, South Carolina (“Fort Mill” or “Town”). WHEREAS, the Legislature of the State of South Carolina has enacted the “South Carolina Local Government Development Agreement Act” (the “Act”), as set forth in Sections 6-31-10 through 6-31-160 of the South Carolina Code of Laws (1976), as amended; and WHEREAS, on September 13, 2021, the Town Council gave final reading approval to Ordinance No. 2021-24, an ordinance authorizing the entry by the Town into a Development Agreement with the Developer for the Property covered thereby and authorizing the execution and delivery of such Development Agreement and other matters relating thereto; and WHEREAS, the Town and Developer entered into the Development Agreement as of _____________, _____ and the Development Agreement was recorded with the Clerk of Court for York County, South Carolina on _____________, _____, at Book ________, Pages __________ (“Development Agreement”); and WHEREAS, on __________, 2022, the Town Council gave final reading to Ordinance No. 2022-____ authorizing the Mayor of the Town to execute and deliver an amendment to the Development Agreement extending the due date in Section 19 of the Development Agreement for acquisition of all portions of the Property to four hundred eighty (480) days from the date of the adoption of Ordinance No. 2021-24. NOW THEREFORE, in consideration of the terms and conditions set forth herein, and other good and valuable consideration, receipt of which is hereby acknowledged, the Town and Developer hereby agree as follows: 1. Section 19 of the Development Agreement shall be amended by striking “two hundred forty (240)” and inserting in lieu thereof “four hundred eighty (480),” such that Section 19 as amended shall read as follows:  “19. EFFECTIVE DATE OF THIS AGREEMENT. This Agreement requires that the Developer take title to all portions of the Property through one or more deeds to be recorded in the Office of the Register of Deeds, York County, South Carolina. If the Property has not been acquired by the Developer within four hundred eighty (480) days from the date of the adoption of the Ordinance by the Town Council authorizing and approving this agreement, this Agreement shall be of no force or effect, ab initio.” 2. Except as amended by this First Amendment, all remaining provisions of the Development Agreement entered as of September 13, 2021, recorded with the Clerk of Court for York County, South Carolina on _____________, _____, at Book ________, Pages __________, shall remain in full force and effect. [Signature Pages Follow]  IN WITNESS WHEREOF, the parties have entered into this First Amendment to Development Agreement as of the day and year first above written. DEVELOPER: WITNESSES: Crossroads Development Partners, LLC Name: By: Name: Title: Name: STATE OF ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this _____day of , 2022 by , as of ________. He personally appeared before me and is personally known to me. Notary Public My Commission Expires:______________ IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year first above written. TOWN: WITNESSES: TOWN OF FORT MILL By: Name: Name: Title: Name: STATE OF SOUTH CAROLINA ) ) ss: COUNTY OF YORK ) The foregoing instrument was acknowledged before me this _____day of___________ , 2022 by , the of the Town of Fort Mill. He personally appeared before me and is personally known to me. Notary Public My Commission Expires: ______________ [END TOWN SIGNATURE PAGES]  Meeting Information Meeting Type Town Council Meeting Date April 25, 2022 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 X Other Title AN ORDINANCE AMENDING ORDINANCE NO. 2021-25 SO AS TO CHANGE THE EFFECTIVE DATE FOR THE ANNEXATION OF 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 Background Information Request Summary The Crossroads developer (Crossroads Development Partners, LLC) has requested an extension of the sunset provision of their various approvals. The original approvals of the development agreement, annexation, and rezoning required the developer take title of the properties within 240 days of Town Council’s approval. The developer is asking for an amendment to change the requirement so as to allow 480 days from Town Council’s original approval for them to take title of the properties. Approval of this ordinance would amend the sunset provision in the original annexation ordinance to extend it to 480 days, allowing the developer more time to take ownership of the property and allow the project to continue. Denial of this ordinance would invalidate the original annexation ordinance if the property is not taken into the ownership of the developer by May 11th. Alternatives 1. Approve second reading of the ordinance as written 2. Deny second reading  Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request April 11, 2022 Attachments • Zoning Map • Aerial Image • Draft Ordinance Zoning Map Aerial Image  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2022-___ AN ORDINANCE AMENDING ORDINANCE NO. 2021-25 SO AS TO CHANGE THE EFFECTIVE DATE FOR THE ANNEXATION OF 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, on September 13, 2021, Town Council gave final reading approval to Ordinance No. 2021-25, entitled “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;” and WHEREAS, Section VI (“Effective Date”) of Ordinance No. 2021-25 contained the following provision: “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 two hundred forty (240) days from the date of adoption, this ordinance shall be of no force or effect;” and WHEREAS, the Property Owner and Town Council now wish to amend Ordinance No. 2021- 25, so as to amend the effective date of the annexation ordinance; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Fort Mill in Council assembled: SECTION I. Amending the Effective Date of Ordinance No. 2021-25. It is hereby declared by the Town Council of the Town of Fort Mill, in Council assembled, that Section VI (“Effective Date”) of Ordinance No. 2021-25, which was adopted by Town Council on September 13, 2021, shall hereby be amended to read as follows: “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 four hundred eighty (480) days from the date of adoption, this ordinance shall be of no force or effect.” SECTION II. Invocation of Pending Ordinance Doctrine. The pending ordinance doctrine, as defined and applied by the South Carolina Supreme Court in the case of Sherman vs. Reavis 273 S.C. 542, 257 S.E. 2d 735, and as adopted and applied by the state courts in other decisions, is hereby adopted and declared to be in full force and effect following first reading approval of this ordinance. SECTION III. 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 IV. Effective Date. This ordinance shall be effective from and after the date of adoption. The amendment approved herein to Section VI of Ordinance No. 2021-25 shall apply retroactively to the original Ordinance No. 2021-25 nunc pro tunc. SIGNED AND SEALED this _____ day of ___________________, 2022, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2022. First Reading: TOWN OF FORT MILL Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia C. Burgess, Town Clerk  Meeting Information Meeting Type Town Council Meeting Date April 25, 2022 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review X Other Title A RESOLUTION ELECTING THE STANDARD ALLOWANCE FOR LOST REVENUES UNDER THE AMERICAN RESCUE PLAN Background Information Request Summary The final rule published by the US Dept. of Treasury, which outlines the rules that govern the American Rescue Plan (ARP) funding, allows local governments to accept up to $10 million of ARP funding as a standard allowance of “lost revenue due to COVID-19”. This bucket of money has the least amount of strings attached as compared to the other types of eligible uses of ARP money, therefore it is extremely advantageous to maximize the amount of money that is considered lost revenue due to COVID-19. Council is asked to consider adoption of the attached resolution (developed by MASC) that would allow the Town to consider $10 million of our American Rescue Plan (ARP) funding as “lost revenue due to COVID-19”. This is the maximum amount that is allowed under the standard allowance and it would maximize our flexibility in use of the majority of our ARP money. If Council does not adopt the resolution, staff has to use a formulaic approach to calculating the actual amount of lost revenue that the Town experienced due to COVID-19. In past work, staff determined that this number is well below the $10 million that is allowed as a standard allowance. Therefore, it is advantageous to use the $10 million standard allowance so as to maximize the amount of money that is most flexible in its use.  Alternatives 1. Approve the resolution 2. Deny the resolution Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request April 25, 2022 Attachments • Draft Resolution  A RESOLUTION ELECTING THE STANDARD ALLOWANCE FOR LOST REVENUES UNDER THE AMERICAN RESCUE PLAN WHEREAS, the Final Rule for Coronavirus State and Local Fiscal Recovery Funds, 31 C.F.R. Part 35 (the “Final Rule”), provides that American Rescue Plan Act Local Fiscal Recovery Funds (“ARPA Funds”) may be used for the provision of government services to the extent of the reduction in the recipient’s general revenue due to the public health emergency, 31 C.F.R. § 35.6(d); WHEREAS, the Final Rule allows recipients to determine the reduction in general revenue by applying a standard allowance of $10 million, 31 C.F.R. § 35.6(d)(1), or by applying a formula, 31 C.F.R. § 35.6(d)(2). WHEREAS, the Town of Fort Mill], South Carolina (the “Municipality”), intends to apply the standard allowance of $10 million to determine the reduction in its general revenue during the test period; NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The Council of the Municipality hereby elects to apply the standard allowance of $10 million to calculate the reduction in its general revenue during the test period. Section 2. The Municipality acknowledges that the Final Rule does not become effective until April 1, 2022. As noted in the Overview of the Final Rule provided by the United States Department of the Treasury, however, “recipients can choose to take advantage of the final rule’s flexibilities and simplifications now, even ahead of the effective date.” See Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule, U.S. Department of the Treasury, p. 5. The Municipality is hereby choosing to take advantage of such flexibilities and simplifications. Section 3. The Municipality acknowledges that the standard allowance is limited to the amount of ARPA Funds actually received by the Municipality. The Municipality therefore declares that the reduction in its general revenue during the test period is equal to the lesser of (a) $10 million, or (b) the amount of ARPA Funds awarded to and/or received by the Municipality. Section 4. The Municipality will appropriate the ARPA Funds by budget ordinance, and will expend the ARPA Funds for qualifying purposes, before December 31, 2024. Section 5. The Town Manager of the Municipality is hereby authorized and directed to provide such additional documentation, assurances, or certifications as may be required by the United States Government or the State of South Carolina in order to carry out the purposes of this resolution. DONE IN MEETING duly assembled this ___ day of ____________, 2022. ________________________________ Guynn Savage, Mayor  Meeting Information Meeting Type Town Council Meeting Date March 28, 2022 Request Summary Action (Old Bus.) Action (New Bus.) X Info/Discussion Request Type Public Hearing Executive Session Other Case Summary Annexation Rezoning X Text Amendment Case Type Subdivision Plat Appearance Review Other Title AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE II, REQUIREMENTS BY DISTRICT; SECTION 21, TOM HALL STREET CORRIDOR DISTRICT; SO AS TO AMEND THE PROHIBITION ON CAR WASHES IN THE THCD OVERLAY DISTRICT Background Information Discussion Council directed staff to address car washes in the THCD Overlay District. Some conditions to consider is enhancing buffer requirements; orientation of building; separation requirements from residential lots or residential zoning districts; and limited hours of the operation of a car wash. A draft ordinance is attached for consideration. The text amendment would amend the existing language in the ordinance to provide an exception that would allow for new car washes, provided that any such facilities observe the following conditions: 1. All washing facilities shall be within a completely enclosed building. 2. Vacuuming and hand towel drying may be located outside the building but shall not be in the front yard and shall be set back at least 50 feet and completely screened using natural buffers, fence, or a combination thereof from any property with a residential use. 3. Stacking spaces shall be located so as to ensure that traffic does not extend into the public right-of-way. A minimum of four (4) stacking spaces for each wash bay shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation, fire lanes, parking spaces and egress from the property by vehicles not using any drive-through portion of the facility. Additional stacking  spaces may be required above the minimum as determined during the TIA process and/or through the encroachment permit process of the Town or SCDOT. 4. Wastewater must be recycled, filtered, or otherwise cleansed to minimize discharge of soap, wax, and solid matter into public sewers. 5. Only one (1) driveway shall be permitted from any street, unless the Planning Commission determines additional driveways will be necessary to ensure safe and efficient access to and egress from the site. Access locations to be determined during the TIA process and/or through the encroachment permit process of the Town or SCDOT. 6. For automated drive-through was facilities, a by-pass lane is required that allows by-passing waiting vehicles. 7. Overhead doors shall not face a public street or residential or mixed-use district. The Planning Commission may modify this requirement upon a determination that there is no reasonable alternative and the visual impact will be diminished through use of building materials, architectural features and landscaping. 8. A vehicle wash facility building and any accessory buildings and uses, including vacuums, shall be located at least 100 feet from any residential zoning district. 9. The property owner or operator must comply with all local noise regulations. Air handling equipment shall be located on a roof, be equipped with intervening noise reduction baffles and be in property working condition. Additional screening material may be required where vehicle wash facilities abut residential districts in order to provide additional means for noise reduction. 10. No noises resulting from the function of the car wash shall be audible at or beyond the property line between 8pm and 7 am the following morning. Staff believes that the approval of this amendment will allow for car washes to be built within the Tom Hall Corridor Overlay District while still providing the necessary screening, buffering, and noise protection for adjacent residential uses. Alternatives 1. Request staff move forward with the proposed text amendment as written 2. Request staff move forward with the proposed text amendment with modifications 3. Keep the ordinance as it is written today Staff Contact Name & Title Penelope Karagounis, Planning Director Department Planning Department  Date of Request March 14, 2022 Legislative History Planning Commission TBD First Reading TBD Public Hearing TBD Second Reading TBD Effective Date Upon adoption Attachments • THCD Exhibit Map • Draft Text Amendment Ordinance THCD Exhibit Map  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2022-___ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE II, REQUIREMENTS BY DISTRICT; SECTION 21, TOM HALL STREET CORRIDOR DISTRICT; SO AS TO AMEND THE PROHIBITION ON CAR WASHES IN THE THCD OVERLAY DISTRICT 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 ENACTED BY THE TOWN COUNCIL FOR THE TOWN OF FORT MILL: SECTION I. Amending the Tom Hall Corridor Overlay District. The Zoning Ordinance for the Town of Fort Mill; Article II, Requirements by District; Section 21; THCD Tom Hall Street Corridor District; is hereby amended to read as follows: Sec. 21. - THCD Tom Hall Street corridor district. 1. Tom Hall Street corridor district created: The Fort Mill Zoning Ordinance is amended to create the Tom Hall Street corridor district (THCD) in accordance with the standards and provisions of this ordinance. The THCD shall apply to the following road segments: all parcels zoned HC Highway Commercial between Main Street and Kimbrell Road, including those areas zoned highway commercial near the intersection of Tom Hall Street and Doby Bridge Road. 2. Overlay zoning district: The THCD shall apply as an overlay district. Any use of land within the THCD shall comply with the standards and requirements of both the underlying district and the THCD. The provisions of the THCD shall apply in addition to other requirements of the zoning ordinance. In the case of conflict, the most restrictive provisions shall govern. No land shall be used or occupied and no structure shall be erected, altered, used or occupied within the THCD from the date of enactment of this ordinance as amended except as provided in this ordinance. 3. Purpose: The purpose of the THCD therefore are: a. To create a more pedestrian friendly environment that provides more efficient points of access for the surrounding residential areas.  b. To promote commercial and retail uses that are conducive to a vibrant and economically sound downtown central business district. c. To enhance the streetscape by setting higher standards of landscaping and building design. d. To decrease setbacks required in the underlying zoning district to enhance foot traffic between businesses and to promote use of shared parking between businesses. 4. Prohibited uses: All uses permitted within the pre-existing (underlying) zoning district are permitted with the following exceptions: a. Research, development and testing laboratories. b. Any retail establishment having a building footprint in excess of 15,000 square feet; provided, however, that any existing retail building or collection of buildings lawfully in existence prior to the establishment of the THCD overlay may be rebuilt, altered or repaired, provided that the total footprint of any new building or buildings may not exceed the total combined square footage of the building or buildings being replaced. In instances where the planning commission determines that a proposed building or collection of buildings constructed, altered or repaired under the provisions of this paragraph contain enhanced and/or exemplary architectural design elements as part of the Commercial Development Appearance Review Process outlined in article V of this ordinance, the Commission shall be authorized to grant an additional square footage allowance of up to ten percent. c. Horticultural nursery. d. Convenience stores (with or without gas stations). e. Coin laundry services. f. Crematories. g. Car washes; provided, however, car washes meeting the following criteria and conditions shall be allowed: i. All washing facilities shall be within a completely enclosed building.  ii. Vacuuming and hand towel drying may be located outside the building but shall not be in the front yard and shall be set back at least 50 feet and completely screened using natural buffers, fence, or a combination thereof from any property with a residential use. iii. Stacking spaces shall be located so as to ensure that traffic does not extend into the public right-of-way. A minimum of four (4) stacking spaces for each wash bay shall be provided. Stacking spaces shall be located so as not to interfere with vehicular circulation, fire lanes, parking spaces and egress from the property by vehicles not using any drive-through portion of the facility. Additional stacking spaces may be required above the minimum as determined during the TIA process and/or through the encroachment permit process of the Town or SCDOT. iv. Wastewater must be recycled, filtered, or otherwise cleansed to minimize discharge of soap, wax, and solid matter into public sewers. v. Only one (1) driveway shall be permitted from any street, unless the Planning Commission determines additional driveways will be necessary to ensure safe and efficient access to and egress from the site. Access locations to be determined during the TIA process and/or through the encroachment permit process of the Town or SCDOT. vi. For automated drive-through was facilities, a by-pass lane is required that allows by-passing waiting vehicles. vii. Overhead doors shall not face a public street or residential or mixed-use district. The Planning Commission may modify this requirement upon a determination that there is no reasonable alternative and the visual impact will be diminished through use of building materials, architectural features and landscaping. viii. A vehicle wash facility building and any accessory buildings and uses, including vacuums, shall be located at least 100 feet from any residential zoning district.  ix. The property owner or operator must comply with all local noise regulations. Air handling equipment shall be located on a roof, be equipped with intervening noise reduction baffles and be in property working condition. Additional screening material may be required where vehicle wash facilities abut residential districts in order to provide additional means for noise reduction. x. No noises resulting from the function of the car wash shall be audible at or beyond the property line between 8pm and 7 am the following morning. i.h. Repair garages; provided, however, that if a repair garage was lawfully in existence prior to the establishment of the THCD overlay, and if such facility has continued to operate without interruption since that date, then the owner or operator of any such facility may be permitted to expand his existing facility under the following conditions: 1) where feasible, a suitable landscaped buffer or fence shall be used to screen the facility from neighboring residential uses; 2) any outdoor storage and/or holding areas shall be screened from public view by a suitable fence and appropriate landscaped buffer; and 3) the overnight storage of vehicles shall be prohibited, unless such vehicles are located inside the facility or within any enclosed and properly screened storage area. j.i. Warehouses (including mini warehouses or personal storage units). k.j. Hospitals. l.k. Dealerships (including new or used automobiles, recreational vehicles, boats, boat trailers and utility trailers). m.l. Wrecker services. n.m. Check cashing establishments, title loan lenders, deferred presentment lenders, pawnshops, loan brokers, and small loan companies. o.n. Tire retail and repair facilities; provided, however, that if a tire retail and repair facility was lawfully in existence prior to the establishment of the THCD overlay, and if such facility has continued to operate without interruption since that date, then the owner or operator of any such facility may be permitted to  expand his existing facility under the following conditions: 1) where feasible, a suitable landscaped buffer or fence shall be used to screen the facility from neighboring residential uses; 2) any outdoor storage and/or holding areas shall be screened from public view by a suitable fence and appropriate landscaped buffer; and 3) the overnight storage of vehicles shall be prohibited, unless such vehicles are located inside the facility or within any enclosed and properly screened storage area. p.o. Day labor service agency. q.p. Tattoo facilities 5. Building materials: Buildings shall be designed to use, to the greatest extent feasible, building materials such as rock, stone, brick and wood or any other material so deemed appropriate through the appearance review per article V of the zoning code so as to maintain the specialized commercial and historic character of the corridor. 6. Other requirements: a. Minimum lot area—No minimum. b. Minimum side yard—No side yard required. c. Minimum rear yard—No rear yard required. d. Minimum front yard—Ten feet. e. No building shall exceed 60 feet in height. SECTION II. Severability. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III. Effective Date. This ordinance shall be effective from and after the date of adoption. (Signature page to follow) SIGNED AND SEALED this _____ day of ___________________, 2022, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2022. First Reading: TOWN OF FORT MILL Public Hearing: Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia Burgess, Town Clerk  Meeting Information Meeting Type Town Council Meeting Date April 22, 2021 Request Summary Action (Old Bus.) 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 X Other Title Long Range Facilities Plan Background Information Request Summary This is an information/discussion item pertaining to the Long-Range Facilities Plan RFP that was recently received. Progressive AE & Leitner Construction consulting provided a proposal. Town Staff vetted the proposals presented by the companies and requested additional information from this company. Staff has held two meetings with the group to ask questions about their services and processes. Staff has requested that they bring information before Town Council to provide an explanation of their services and provide general information on costs. Progressive AE representative will provide a PowerPoint on Monday. He will work from that during the meeting. Based on your questions, they will bring back a formal proposal for these services at a later council meeting.  Alternatives 1. No Action Required 2. Recommendation Name & Title Davy Broom Town Manager Department Administration Date of Request April 22, 2022 Attachments Project Work Plan FRAME – Town of Fort Mill Current State Project Kick-off Session: Progressive AE & Leitner Construction consulting team with Town staff & Town Council • Conduct an initial meeting with Town staff and Town Council to discuss specific requirements and options. Work Session: Space Needs Analysis • Conduct meetings with staff groups to determine specific needs and long-term goals for each. Work Effort: Collect & Review Previous Studies, Existing Floor Plans and Miscellaneous Documents • Review of previous studies, reports, census numbers and other documentation. Work Sessions: Facility Inventory Assessments • Review all facilities. - Town Hall Building - Town Hall Annex (White House) - Fort Mill Utility Office and Shop - Public Works Office/ Maintenance Shop - Fort Mill Police Department - Fire Station #1 - Fire Station #2 - Wastewater Treatment Plant • One-day site visits/tours and documentation process per (2) facilities Work Effort: Assessment & Needs Review by Progressive AE & Leitner Construction • Determine/Develop employee capacity and projections for each facility. • Internal work session with Town staff • Synthesis and Aspire prep by Progressive AE & Leitner Construction ASPIRE – Town of Fort Mill Future State Work Effort: production by Progressive AE & Leitner Construction • Prepare preliminary plan configurations (options) and proposed building modifications as well as establish detailed preliminary budget options for project components. • Facility Planning- Conceptual Plan Development • Cost estimation- Quantify Conceptual Opportunities Work Session: present and review with Town Staff and Council Present and review with Town staff and Town Council feedback and revisions. P 33 LEITNERCONSTRUCTIONCO.COM | PROGRESSIVEAE.COM CREATE – Town of Fort Mill Design Work Effort: production by Progressive AE & Leitner Construction • Revise documents as required to incorporate Town feedback Work Session: Review with Town Council • Upon approval, review refined preliminary plan and budget options and Town Council approval, at which time the document will be considered a Long-Range Facility Needs Plan. Work Session: Project prioritization & implementation with Town Council • Work with Town Staff and Town Council to determine implementation steps. Work Session: production by Progressive AE & Leitner Construction • A written report of a building-by-building facility study of the physical condition and cost of repairs and code compliance, along with the prioritization of any needed repairs. Any scheduled replacement of large cost items including roofs, etc. over the next 10-year period will be included. • A written report outlining potential annual operating cost savings of any recommended building replacements, new construction, should these options become evidently viable during the study. The cost of remaining as-is contrasted with the cost of the recommendations will be included in this report. • Existing building capacity included in the report will be options/alternatives and the related costs of each option/ alternative. Any recommended building replacements, reconfigurations, additions, new construction, or any facilities which may be retired or re-purposed will also be included in the report. • A comprehensive multi-year, prioritized facilities plan of action that lays out the timelines and cost for meeting the Town’s facility and capital improvement needs for a period of 10 years will be included in the report. • Building-by-building physical condition assessment to include: o Repair recommendations with cost estimates o Code & ADA compliance recommendations w/ solution & budget to correct o Schedule of replacement items, dates and estimates o Recommendations for annual operations options/savings- new cost vs existing-to-remain o Building capacities, reconfigure/addition options, related costs o Buildings to retire, replace, and/or repurpose o Prioritization plan, timelines, capital cost overview (10 years) Work Effort: finalize study and delivery by Progressive AE & Leitner Construction • Completed work within 180 days of following the execution of a contract for these services. • We plan to utilize four different staff to complete the space plan study of each building. They include a construction professional, a project architect, an interior designer, and an architect/administration staff. Our project manager will coordinate the team with the Town, be the information conduit, and will manage scope and schedule for the project. The project architect will conduct the site visit, review the previous studies and existing site/building drawings provided by the Town. The interior designer will lead the user interviews and attend the site visits. The architect/administration will coordinate with all three staff and assist with documenting the findings of the project architect and the interior designer. The construction professional will assist in assessing the current state and condition of the existing facilities and will provide cost estimating for any proposed improvements, renovations and/or additions. The Progressive AE & Leitner Construction Workplan PROCESS GOALS, SCHEDULE AND DELIVERABLES FRAME Project Kick Off Work Sessions Work Effort Phases • Client Visioning/ • Focus Groups/ • Programming Discovery Meeting Engagment • Collect & Review • Space Needs Analysis Existing Documents & Activities Materials • Facility Inventory Assessment • Synthesis and Aspire prep Duration Week 1 Weeks 2-3 Weeks 3-4 Meetings > Project Kick-Off > Facilities Assessment > Client Review Meetings > Visioning/Goal > Work session with Setting > Staff group meetings town staff per facility > Meeting with Town > Weekly team Council & Town Staff meetings Decisions Establish project goals Document current conditions P 35 LEITNERCONSTRUCTIONCO.COM | PROGRESSIVEAE.COM  ASPIRE CREATE Work Effort Works Sessions Work Sessions Work Effort • Prepare preliminary • Present and review • Project prioritization & • Revise Documents as plan configurations with Town Staff & implementation with required to incorporate (options) Town Council Town Council feedback and comments • Prepare proposed • Work with Town building modifications Staff and Town • Finalize study Council to determine • Establish detailed • Completed work within implementation steps. preliminary budget 180 days of following options • Written report for each the execution of a building contract for these • Facility Planning services. • Comprehensive • Future needs Facilities plan of action assessment To be determined based on final project scope Weeks 5-16 Weeks 16-21 > Weekly Team > Town staff & Council > Cost Reconciliation > Weekly Team Meetings Meeting Meetings > Client Review > Coordination > Coordination Meetings Meetings as Required Approve Program Confirm Construction PROJECT Cost COMPLETION Select previewed plan options Approve Implementation Plan Establish Budget LEITNERCONSTRUCTIONCO.COM | PROGRESSIVEAE.COM P 36  Town of Fort Mill Facility Needs Assesement Fee Schedule and Work Plan - 3/12/2022 Scope items as requested pursuant to the RFP: KEY: Black text = Base scope, Blue Text = Alternates, Red text = Optional additional scope Duration Start date finish date Base Fee Alt 1 Alt 2 Alt 3 Optional 2 weeks 1-May 16-May Preliminary planning $2,000 $300 $200 $200 1 Day 17-May 17-May Kick off meeting with Town Council & Town Staff $3,000 $400 $300 $300 1 month 23-May 23-Jun Demographic Study $5,000 1 week 23-May 30-May Space Needs Analysis Work Session Meetings (1hr) w/ each Stakeholder groups Town Hall Building $1,000 Town Hall Annex (White House) $1,000 Fort Mill Utility Office & Shop $1,000 Public Works Office/Maintenance shop $1,000 Fort Mill Police Department $1,000 Fire Station #1 $1,000 Fire Station #2 $1,000 Wastewater treatment plant $1,000 Fort Mill Athletic Facilities $1,000 Fort Mill YMCA at the Complex $1,000 Fort Mill Community Center $1,000 2 weeks 23-May 6-Jun Collection & Review of previous studies, existing plans, & misc documents Town Hall Building $800 Town Hall Annex (White House) $800 Fort Mill Utility Office & Shop $800 Public Works Office/Maintenance shop $800 Fort Mill Police Department $800 Fire Station #1 $800 Fire Station #2 $800 Wastewater treatment plant $800 Fort Mill Athletic Facilities $800 Fort Mill YMCA at the Complex $800 Fort Mill Community Center $800 3 weeks 6-Jun 27-Jun Facility Inventory Assesment site tours (1day per facility) Town Hall Building $2,800 Town Hall Annex (White House) $2,800 Fort Mill Utility Office & Shop $2,800 Public Works Office/Maintenance shop $2,800 Fort Mill Police Department $2,800 Fire Station #1 $2,800 Fire Station #2 $2,800 Wastewater treatment plant $2,800 Fort Mill Athletic Facilities $2,800 Fort Mill YMCA at the Complex $2,800 Fort Mill Community Center $2,800 1 week 27-Jun 4-Jul Assessment & Needs Review Determine and develop employee capacity and projection for each facility internal work session meeting with town staff $2,800 $500 $250 $250 Synthesis meeting information and prep for next phase $2,800 $500 $300 $300 5 weeks 4-Jul 8-Aug Prepare preliminary plan configurations (options) and proposed building Facility Planning modifications as well as establish detailed preliminary budget options for project components. Facility Planning - conceptual space planning Town Hall Building $2,000 Town Hall Annex (White House) $2,000 Fort Mill Utility Office & Shop $2,000 Public Works Office/Maintenance shop $2,000 Fort Mill Police Department $2,000 Fire Station #1 $2,000 Fire Station #2 $2,000 Wastewater treatment plant $2,000 Fort Mill Athletic Facilities $2,000 Fort Mill YMCA at the Complex $2,000 Fort Mill Community Center $2,000 Cost Estimation - quantify conceptual planning costs Town Hall Building $1,750 Town Hall Annex (White House) $1,750 Fort Mill Utility Office & Shop $1,750 Public Works Office/Maintenance shop $1,750 Fort Mill Police Department $1,750  Duration Start date finish date Base Fee Alt 1 Alt 2 Alt 3 Optional Fire Station #1 $1,750 Fire Station #2 $1,750 Wastewater treatment plant $1,750 Fort Mill Athletic Facilities $1,750 Fort Mill YMCA at the Complex $1,750 Fort Mill Community Center $1,750 1 day 8-Aug 8-Aug Present & Review with Town Staff & Town Council Present and review needs assesment, facility planning findings, concept plans and cost estimates with Town staff and Town Council for feedback and $1,000 3 weeks 9-Aug 30-Aug Revisions Revise plans and cost estimating as necessary in response to town feedback. $4,000 $400 $400 $400 1 day 31-Aug 31-Aug Town Council Review & Approval Review refined preliminary plan and budget options with Town Council for final approval 2 weeks 1-Sep 15-Sep Implementation Planning & Project Prioritization Work with Town Staff and Town Council to determine implementation steps $3,000 $200 $200 $200 3 weeks 16-Sep 7-Oct Final Written Report A written report will be prepared for each building/facility which shall include $22,800 $3,350 $2,000 $2,000 • facility study of the physical condition, cost of repairs and code compliance • prioritization of any needed repairs • Scheduled replacement of large cost items over the next 10-year period • potential annual operating cost savings of any recommended building replacements • Cost of remaining as-is contrasted with the cost of the recommendations • Existing building capacity with options/alternatives and the related costs of each option/alternative. • Recommended building replacements, reconfigurations, additions, new construction, or any facilities which may be retired or re-purposed. • A comprehensive multi-year, prioritized facilities plan of action that lays out the timelines and cost for meeting the Town’s facility and capital improvement needs for a period of 10 years Repair recommendations with cost estimates •Code & ADA compliance recommendations w/ solution & budget to correct •Schedule of replacement items, dates and estimates •Recommendations for annual operations options/savings- new cost vs existing-to-remain •Building capacities, reconfigure/addition options, related costs • Buildings to retire, replace, repurpose •Prioritization plan, timelines, capital cost overview (10 years) Additional for acceptance of Fort Mill Athletic Facilities alternate Additonal for acceptance of Fort Mill YMCA at the Complex alternate Additonal for acceptance of Fort Mill Community Center alternate Optional Additonal Scope Items: 5 weeks 23-May 27-Jun Frame: Public Connection Website $4,500 Website to inform communtiy of project and gain feedback through surveys & 1 Day 15-Jun 15-Jun Aspire: Public Visioning Workshop • Community at large, Stakeholders & Partners visining/programing workshop $4,000 (Event space and prep by Town) • Post workshop sysntheis $1,500 • Internal worksession with town staff based on workshop findings $3,000 (includes prep for Create Charette) • Establish Preformance Based Design Principles & measurables $1,500 1 Day 6-Jul 6-Jul Create: Public Deisgn Charette $4,000 • Community at large, Stakeholders, Partners • Event space and prep by Town • Operational input for services and community assets • Group Conceptual Design Exercise TOTAL TIMEFRAME (Days) 159 Base Fee Total $108,200 Alternate 1 Total $14,000 Alternate 2 Total $12,000 Alternate 3 Total $12,000 Optional Scope Total $18,500 Grand Total all items $164,700 Note: all timeframes and start/finish dates are estimates and assumes that all phases of the project and facilties assesment shall run concurrently, actual timeframes may vary  Summary of Ad Hoc Appointments Committee Recommendations (Committee Recommendations in Blue) Board of Zoning Appeals Seat Member Name Address Ward Appointed Expiration 1 Jennifer Allan 674 Avonmore Drive 4 04/15/2021 04/15/2024 324 Montmorenci 3 2 Terri Murray Crossing 04/15/2021 04/15/2024 3 Jody Stegall 112 Mary Mack Lane 2 04/12/2012 04/12/2025 4 Carolyn Blair 101 W. Close Street 3 04/12/2022 04/12/2025 5 Becky Campbell 133 Forrest Street 2 04/12/2019 04/12/2022 6 Jim Thomas 202 Springs Street 2 04/24/2020 04/24/2023 430 Monteray Oaks 7 Amber Bryant Circle 4 04/24/2020 04/24/2023 Seat 5: Recommend reappointing Becky Campbell to serve a new three-year term for Seat 5, which will expire on April 12, 2025.