Town Council

Fort Mill Town Council Special Called Meeting Thursday, January 5, 2023 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION 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. OLD BUSINESS ITEMS Old Business Item #1 Second Reading: An ordinance further 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 Old Business Item #2 Second Reading: An ordinance further 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, Page 1|2  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 further 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 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 2|2  Meeting Information Meeting Type Town Council Meeting Date January 5, 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 FURTHER 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. On April 25, 2022, Town Council approved an amendment to the ordinance to extend the sunset provision from 240 days to 480 days. The developer is now asking for an additional amendment to change the requirement so as to allow 660 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 660 days, which equates to an additional six months. Denial of this ordinance would invalidate the original rezoning ordinance if the property is not taken into ownership of the developer by January 6, 2023. Alternatives 1. Approve second reading of the ordinance as written 2. Approve second reading of the ordinance with modifications 3. Deny second reading Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request December 12, 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. 2023-___ AN ORDINANCE FURTHER 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, on April 25, 2022, Town Council gave final reading approval of an ordinance amending Ordinance No. 2021-22 so as to amend the Effective Date 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.”; WHEREAS, the Property Owner and Town Council now wish to further amend the Effective Date language of Ordinance No. 2021-22 so as to again amend the date upon which the Developer must take title to 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. 2021-22. 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 and amended on April 25, 2022, shall hereby be further 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 six hundred and sixty (660) 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 ___________________, 2023, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2023. First Reading: TOWN OF FORT MILL 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 January 5, 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 FURTHER 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. On April 25, 2022, Town Council approved an amendment to the ordinance to extend the sunset provision from 240 days to 480 days. The developer is now asking for an additional amendment to change the requirement so as to allow 660 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 to extend it to 660 days, which equates to an additional six months.  Denial of this ordinance would invalidate the original Development Agreement ordinance if the property is not taken into ownership of the developer by January 6, 2023. Alternatives 1. Approve second reading of the ordinance as written 2. Approve second reading of the ordinance with modifications 3. Deny second reading Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request December 12, 2022 Attachments • Draft Ordinance  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2023-___ AN ORDINANCE FURTHER 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, on April 25, 2022, Town Council gave final reading to an Ordinance No. 2022-06, authorizing the Mayor of the Town to execute and deliver a first amendment to the Development Agreement extending the Effective Date of the Development Agreement to require the Property to be acquired by the Developer within four hundred eighty (480) days from the date of the adoption of Ordinance No. 2021-24; and WHEREAS, the Property Owner and Town Council now wish to further 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 further 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 and first amended on April 25, 2022, shall hereby be further 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 six hundred and sixty (660) 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 six hundred and sixty (660) 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 ___________________, 2023, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2023. First Reading: TOWN OF FORT MILL 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 ) SECOND AMENDMENT TO ) DEVELOPMENT AGREEMENT COUNTY OF YORK ) This Second Amendment to Development Agreement is made and entered this day of ________________, 2023, (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 April 25, 2022, the Town Council gave final reading to Ordinance No. 2022- 06, authorizing the Mayor of the Town to execute and deliver a first 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. WHEREAS, on _____________, 2023, The Town Council gave final reading to Ordinance No. 2023-___, authorizing the Mayor of the Town to execute and deliver a further 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 six hundred and sixty (660) 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, as amended, shall be further amended by striking “four hundred eighty (480)” and inserting in lieu thereof “six hundred and sixty (660),” 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 six hundred and sixty (660) 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 Second 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 Second 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 , 2023 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 Second Amendment to Development 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___________ , 2023 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 January 5, 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 FURTHER 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. On April 25, 2022, Town Council approved an amendment to the ordinance to extend the sunset provision from 240 days to 480 days. The developer is now asking for an additional amendment to change the requirement so as to allow 660 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 660 days, allowing the developer more time to take ownership of the property and allow the project to continue. This extension equates to an additional six months. Denial of this ordinance would invalidate the original annexation ordinance if the property is not taken into the ownership of the developer by January 6, 2023. Alternatives 1. Approve Second reading of the ordinance as written 2. Approve Second reading of the ordinance with modifications 2. Deny Second reading  Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request December 12, 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. 2023-___ AN ORDINANCE FURTHER 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, on April 25, 2022, Town Council gave final reading approval of an ordinance amending Ordinance No. 2021-25 so as to amend the Effective Date 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.”; WHEREAS, the Property Owner and Town Council now wish to further amend the Effective Date language of Ordinance No. 2021-25 so as to again amend the date upon which the Developer must take title to 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. 2021-25. 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 and amended on April 25, 2022, shall hereby be further 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 six hundred and sixty (660) 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 ___________________, 2023, having been duly adopted by the Town Council for the Town of Fort Mill on the _____ day of ___________________, 2023. First Reading: TOWN OF FORT MILL Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia C. Burgess, Town Clerk