Town Council

Fort Mill Town Council Meeting Monday, May 8, 2023 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION MINUTES April 12, 2023, Council Workshop Minutes April 17, 2023, Council Meeting Minutes April 24, 2023, Council Meeting Minutes 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 Presentation #1 Employee of the Quarter – Davy Broom Page 1|3  Presentation #2 Fort Mill Farmers Market-2022 Recap & 2023 Plans – Jacona Hester Presentation #3 Memorial Day Ceremony – Jacona Hester Presentation #4 Jazz Night in the Park – Jacona Hester OLD BUSINESS There are no Old Business items. NEW BUSINESS New Business Item #1 Jazz Night in the Park - A resolution designating Walter Elisha Park, 345 N. White Street, as the site of a public festival on Friday, June 2, 2023, from 6 p.m. until 9 p.m. in which alcoholic beverages may be sold, possessed, and consumed, and to authorize a special event permit for live music and sound amplifying equipment. – Jacona Hester New Business Item #2 First Reading: Crossroads Development Project - 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 New Business Item #3 First Reading: Crossroads Development Project - 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 – Chris Pettit New Business Item #4 First Reading: Crossroads Development Project - 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, Page 2|3  and 738-00-00-046 containing approximately 36.71 +/- acres located on Fort Mill Parkway and off of Haire Road – Chris Pettit New Business Item #5 Public Hearing and First Reading: Text Amendment: 2023-211 Mobile Food Vendor: An ordinance amending the zoning ordinance for the Town of Fort Mill; Article VI, Administration, Enforcement, Penalties, and Fees; Section 4.4, Mobile Food Vendors; to further amend the requirements for Mobile Food Vendors; to provide for a public hearing; and to provide for other matter relating thereto. - Penelope G. Karagounis New Business Item #6 Public Hearing and First Reading: Text Amendment: 2023-212 Election Signs: An ordinance amending the zoning ordinance for the Town of Fort Mill; Article III, Signs; Section 5.7, Election Signs; to amend the requirements for the removal of election signs following an election. - Penelope G. Karagounis INFORMATION/DISCUSSION Information/Discussion Item #1 Trail Master Plan Update – Penelope Karagounis EXCUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. There are no Executive Session items. ADJOURN 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 Workshop Minutes Wednesday, April 12, 2023 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Savage, Councilwoman Cook, Councilman Garrison, Councilman Hudgins, Councilman Helms, Councilman Moody and Councilman Wolfe were present. INFORMATION/DISCUSSION Information/Discussion Item #1 Discussions pertaining to the Long-Range Facilities Plan. Representatives from Progressive AE went over the current condition of some of the Fort Mill municipal facilities including the parks and gave recommendations on repairs, replacements and/or additions that are needed. Council was able to give them information on what their vision was for many of the facilities and appreciated all the feedback given from Progressive AE. ADJOURN Councilman Garrison made a MOTION to adjourn. Seconded by Councilman Wolfe. Passed 7-0. Being no more business to discuss, the meeting adjourned at 8:09 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. 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 1|1  Fort Mill Town Council Meeting Minutes Monday, April 17, 2023 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Savage, Councilman Hudgins, Councilman Garrison, Councilman Helms, Councilman Wolfe and Councilman Moody were present. Councilwoman Cook was absent. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Councilman Helms provided the invocation. MINUTES March 27, 2023, Town Council Meeting March 29, 2023, Council Workshop Councilman Helms made a MOTION to approve the minutes of the March 27, 2023, with the correction of the spelling of Councilman Wolfe’s name. He also approved the minutes of the March 29, 2023, meeting as presented. SECONDED by Councilman Garrison. Passed 6-0. PUBLIC COMMENT Pursuant to Section 2-46 of the Code of Ordinances for the Town of Fort Mill, any citizen of the Town may appear before council for the purpose of providing public comments on any municipal matter (except personnel matters). Those who wish to speak must sign in outside of Council Chambers prior to the start of the meeting. Citizens will be given 3 minutes each to speak. Page 1|4  No one signed up to speak. PRESENTATIONS Presentation #1 Introduction of new Information Technology Administrator Gretchen Magura. Davy Broom introduced Gretchen Magura, our new Information Technology Administrator to Town Council. Presentation #2 Recognition of Jim Thomas for years of service to the Board of Zoning Appeals Mayor Savage presented Mr. Jim Thomas with a plaque recognizing him for over 10 years of service on the Board of Zoning Appeals. Presentation #3 14th Annual South Carolina Strawberry Festival Jacona Hester gave a PowerPoint presentation on all of the upcoming events celebrating the 14th Annual South Carolina Strawberry Festival. Presentation #4 Financial Statements Overview Chantay Bouler, Finance Director, gave a financial statements overview of the: ▪ General Fund ▪ Gross Revenue Fund ▪ Stormwater Fund OLD BUSINESS There were no Old Business items. NEW BUSINESS 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. Councilman Helms 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 Page 2|4  amplifying equipment, and fireworks. SECONDED by Councilman Wolfe. Passed 6-0. INFORMATION/DISCUSSION There were no Information/Discussion items. COMMITTEE REPORTS Committee Report #1 Ad Hoc Appointments Advisory Committee recommendations. The Ad Hoc Appointments Committee made the following recommendations for committee and board appointments: Board of Zoning Appeals: Seat 6: Recommend appointing Patrick Williams to serve a new three-year term for Seat 6, which will expire on April 18, 2026. Seat 7: Recommend reappointing Amber Bryant to serve a new three-year term for Seat 4, which will expire on April 18, 2026. Historic Review Board: Seat 6: Recommend appointing Hynek Lettang to serve a new three-year term for Seat 6, which will expire on April 18, 2026. Seat 7: Recommend appointing Joanna Walker to serve a new three-year term for Seat 7, which will expire on April 18, 2026. Planning Commission: Seat 6: Recommend reappointing Sarah Curtis to serve a new three-year term for Seat 6, which will expire on April 18, 2026. Seat 7: Recommend appointing Erin Pratt to serve a new three-year term for Seat 7, which will expire on April 18, 2026. Councilman Hudgins made a MOTION to approve all recommendations given by the committee for new appointments to the Board of Zoning Appeals, Historic Review Board and Planning Commission. SECONDED by Councilman Wolfe. Passed 6-0. Councilman Hudgins made a MOTION to direct staff to propose a text amendment to establish attendance guidelines and social media responsibility Page 3|4  guidelines to members in volunteer roles. SECONDED by Councilman Wolfe. Passe 6-0. EXCUTIVE SESSION There were no Executive Session items. ADJOURN Councilman Moody made a MOTION to adjourn. SECONDED by Councilman Hudgins. Passed 6-0. Being no more business to conduct, the meeting adjourned at 7:00 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. The Town of Fort Mill is committed to assuring accessibility with reasonable accommodation, of Town services and facilities for all individuals, in compliance with federal law. Please contact the Town Manager’s Office at 803-547-2116 if you need assistance. Page 4|4  Fort Mill Town Council Meeting Monday, April 24, 2023 6:00 p.m. Council Chambers 112 Confederate Street Fort Mill, SC 29715 PRESENT: Mayor Savage, Councilman Helms, Councilman Hudgins, Councilman Garrison, Councilwoman Cook, Councilman Moody and Councilman Wolfe were present. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Councilman Helms provided the invocation. EXCUTIVE SESSION Please Note: Council may take action on Executive Session Items listed on the agenda when they come back into Public Session. Executive Session Item Discussion incident to personnel matters pertaining to Town Manager Councilman Moody made a MOTION to go into Executive Session. SECONDED by Councilman Garrison. Passed 7-0. Councilwoman Cook made a MOTION to come out of Executive Session. SECONDED by Councilman Moody. Passed 7-0. ADJOURN Councilwoman Cook made a MOTION to adjourn. SECONDED by Councilman Moody. Passed 7-0. Being no more business to conduct, the meeting adjourned at 8:10 p.m. Page 1|2 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, CMC, CCC Town Clerk 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 2|2 Recap of 2022 & Plans for 2023 Market 2022 FARMERS MARKET • We thank our vendors for continuing to make our Farmers Market a success and bringing their products here. • We rotated approximately 50 vendors into the market throughout the year with an average of 35-45 vendors on any given Saturday. • Sales from 2022 totaled around $300,000. • Occasional food trucks and live music were a feature of the market. • The Fort Mill History Museum hosted “Pioneer Crafts with Kids” on select Saturdays. 2023 Plans DATES: MAY 13 – OCTOBER 28 Details Applications • Our Farmers Market will run from • We continue to take applications throughout the Saturday, May 13 through Saturday, market season. October 28. • Applications, Town of Fort Mill Farmers Market • Time: Policy and other details can be found at 8:30am – 12:30pm www.fortmillsc.gov the entire market season • You can also email Deana Griffin, Assistant • Location: Events Coordinator at dgriffin@fortmillsc.gov Veterans Park, 106 N. White St. • We are seeking applications for: meats, produce, eggs, honey, local farm products, other agricultural items, handmade and handcrafted items. We accept a limited number of businesses and other products. Details for 2023 Farmers Market Season: • Fee: $5.00 for one space, per Saturday This is collected at the end of each market day by our Farmers Market Attendant. Fee helps offset some cost of providing the market such as porta johns, handwashing stations and signage • Tents: Vendors supply their own tent, tables, chairs, supplies • Occasional Food Trucks will be onsite • Occasional Live Music or Recorded Music each Saturday • Town Tent is set up each market with Town information about events, departments, etc. and a Kids Scavenger Hunt  2023 Farmers Market Opening Day Saturday, May 13 ▪ DJ Brown Sound will be with us with music, bubbles & games! ▪ 37 Vendors for Opening Day ▪ Vendors will feature local coffee, produce, goat cheese products, breads, baked treats, honey, meats, plants, flowers, artisans and craftsmen! ▪ Flipped Family Food Truck with their delicious breakfast! Pictures from 2022 Farmers Market Season THE TOWN LOOKS FORWARD TO 2023 AND ANOTHER SUCCESSFUL YEAR OF THE FARMERS MARKET! MEMORIAL DAY CEREMONY HOSTED BY THE TOWN OF FORT MILL THE SPECIAL PROGRAM WILL FEATURE: -READING OF THE NAMES OF THE FALLEN -SPECIAL MUSIC -LAYING OF THE WREATH -RIFLE VOLLEY AND TAPS We read the Names of the Fallen who are buried in Unity Cemetery and names who have been submitted by our community. If you would like to add your loved one’s name to our list to be read, please email it to Jacona Hester, Events Coordinator at jhester@fortmillsc.gov or call me at 803-487-5413. For all events information, visit www.fortmillsc.gov And follow Town of Fort Mill on social media; Facebook @Town of Fort Mill Instagram @town_of_fort_mill Twitter @townoffortmill  JAZZ NIGHT I N T H E PA R K GABRIEL BELLO Opening Show Features Gabriel Bello doing his Jazz Versions of Contemporary Music such as “Uptown Funk”. SHELLEY RUFFIN BAND Shelley Ruffin is an incredibly versatile vocalist that will be treating the audience to her unique jazz versions of the music of icon Stevie Nicks and Fleetwood Mac. FOOD TRUCKS Chanchos Tacos King of Fire That Won Truck Hobb's Nuts Charlie B's Seafood Salute Chew S & K Funnel Cakes A Sprinkle of Love Chappell's Snack Shack Krave Food Truck JamRock Jerk Spot Abbotts Frozen Custard Jay's Maize Beer & Wine will be available by Comer Distributing, Hobo’s & Amor Artis.  • Veterans Park, 106 N. White Street • Ardrey Street • Looms Way PA R K I N G • Calhoun Street Park, 20 • Some spaces are available in the Amphitheater Lot W H AT TO B R I N G & R U L E S 1. BRING A CHAIR OR BLANKET 2. NO COOLERS 3. NO OUTSIDE FOOD 4. NO OUTSIDE DRINKS OR ALCOHOL 5. NO GOLF CARTS 6. NO BICYCLES 7. NO PETS-ONLY SERVICE ANIMALS ALLOWED 8. NO SMOKING/VAPING 9. NO PROFANITY 10. NO FIREARMS/WEAPONS  For all events information, visit www.fortmillsc.gov And follow Town of Fort Mill on social media; Facebook @Town of Fort Mill Instagram @town_of_fort_mill Twitter @townoffortmill Town Council Meeting New Business Item JAZZ NIGHT IN THE PARK A resolution designating Walter Elisha Park, 345 N. White Street, as the site of a public festival on Friday, June 2, 2023, from 6 p.m. until 9 p.m. in which alcoholic beverages may be sold, possessed, and consumed, and to authorize a special event permit for live music and sound amplifying equipment. Pursuant to Sec. 24-30(b)(2) of the Code of Ordinances for the Town of Fort Mill, the Council is asked to consider a request from Town of Fort Mill, Events Coordinator, Jacona Hester, to designate Walter Elisha Park, 345 N. White Street as the site of a public event at which alcoholic beverages may be sold, possessed, and consumed. This request would allow for an exception from the public consumption ordinance on Friday, June 2, 2023. With Council’s approval, alcohol sales would be permitted between 6 p.m. until 8:30 p.m. on Saturday, June 2, 2023. Alcohol sales will be cut off 30 minutes before event concludes and announcement will be made to remind people that event at Walter Elisha Park, 345 N. White Street, will end in 30 minutes. The process of selling would be: ID checks, wrist bands, beer/wine tickets, and zero- tolerance enforcement managed by Hobos and Amor Artis. Pursuant to Sec. 24-34(c)(2)(l) of the Code of Ordinances for the Town of Fort Mill, the Council is also asked to consider a request to authorize a special event permit for live music and sound amplifying equipment on Friday, June 2, 2023, from 6 p.m. until 9 p.m. The Town’s noise ordinance allows Council to grant permits to “responsible organizations to broadcast programs of music, speeches or general entertainment as a part and in recognition of a community celebration of national, state or town events, public festivals, or outstanding events of a noncommercial character, provided that traffic on the streets is not obstructed by reason thereof and adequate provisions will be made to minimize the disturbance to neighboring residential areas.” The Jazz Night in the Park proposes to offer musical offerings from the Amphitheater. Staff will be available during the meeting to answer any questions that Council may have regarding either of these items. Recommendation It is recommended that Council approve the request. Jacona Hester, Town of Fort Mill Events Coordinator May 8, 2023 STATE OF SOUTH CAROLINA TOWN OF FORT MILL A RESOLUTION DESIGNATING WALTER ELISHA PARK AS THE SITE OF A PUBLIC FESTIVAL AT WHICH ALCOHOLIC BEVERAGES MAY BE CONSUMED, AND TO AUTHORIZE A SPECIAL EVENT PERMIT FOR LIVE MUSIC AND SOUND AMPLIFYING EQUIPMENT ON FRIDAY, JUNE 2, 2023. WHEREAS, Sec. 24-30 of the Code of Ordinances of the Town of Fort Sec. 24-30. Display, consumption of beer, wine or other alcoholic beverages in public. It shall be unlawful to openly display or consume any beer or wine or other alcoholic beverage in or from any container on any public street or sidewalk, in any public parking areas, parks, recreation areas, or at any public gathering place excluding the following: i.Private businesses; ii.Any areas as designated and approved in a Special Event Permit issued by the Town of Fort Mill. a. This section is not intended to be in conflict with and will not be in conflict with any state laws regulating the consumption of sealed, licensed liquors. b. The application of this section shall in no way affect the enforcement or prosecution of violations of Section 24-26. - Breach of peace; disorderly conduct; obscenity; drunkenness; indecent or dangerous conduct, or any other Town Ordinances or State Law. c. Any person found to be guilty of violating the terms of this section shall, upon conviction be punished in accordance with Section 1-6. WHEREAS, Sec. 24-34(c)(2)(l) of the Code of Ordinances for the Town of Fort Mill generally prohibits loud, disturbing and unnecessary noise from sound amplifying devices; however, the council may grant a special event permit to responsible organizations to broadcast programs of music, speeches or general entertainment as a part and in recognition of a community celebration of national, state or town events, public festivals, or outstanding events of a noncommercial character, provided that traffic on the streets is not obstructed by reason thereof and adequate provisions will be made to minimize the disturbance to neighboring residential areas; and WHEREAS, the Jazz Night in the Park scheduled to take place Friday, June 2, 2023, and WHEREAS, the Town Council has determined that the applicant has proposed and will take the necessary precautions protect public safety and minimize the impact of unreasonable noise to surrounding residences; NOW THEREFORE BE IT RESOLVED, that the Mayor and Town Council for the Town of Fort Mill does hereby designate Walter Elisha Park, 345 N. White Street, as the site of a public festival at which alcoholic beverage may be consumed, on Friday, June 2, 2023.  BE IT FURTHER RESOLVED, that the Mayor and Town Council further authorizes a special event permit for live music and sound amplifying equipment at Walter Elisha Park, 345 N. White Street, Friday, June 2, 2023. 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. Signed: ________________________________ Guynn Savage Mayor Witness: ________________________________ Virginia Burgess Town Clerk  Meeting Information Meeting Type Town Council Meeting Date May 8, 2023 Request Summary Action (Old Bus.) X 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 provisions of their various approvals. The original approvals (September 13, 2021) of the development agreement, annexation, and rezoning required the developer take title of the properties within 240 days of Town Council’s approvals. On April 25, 2022, Town Council approved an amendment to the ordinances to extend the sunset provisions from 240 days to 480 days. On January 5, 2023, Town Council approved a second amendment to the ordinances to extend the sunset provisions from 480 days to 660 days. The developer is now asking for a third amendment to change the requirement so as to allow until November 30, 2023 to take title of the properties. Approval of this amendment would extend the sunset provisions 148 additional days. Denial of this ordinance would invalidate the original rezoning ordinance if the property is not taken into ownership of the developer by July 5, 2023.  Alternatives 1. Approve first reading of the ordinance as written 2. Approve first reading of the ordinance with modifications 3. Deny first reading Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request May 8, 2023 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, on January 5, 2023, Town Council gave final reading approval of an ordinance further 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 six hundred and sixty (660) 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 and further amended on January 5, 2023, 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 by November 30, 2023, 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 May 8, 2023 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 provisions of their various approvals. The original approvals (September 13, 2021) of the development agreement, annexation, and rezoning required the developer take title of the properties within 240 days of Town Council’s approvals. On April 25, 2022, Town Council approved an amendment to the ordinances to extend the sunset provisions from 240 days to 480 days. On January 5, 2023, Town Council approved a second amendment to the ordinances to extend the sunset provisions from 480 days to 660 days. The developer is now asking for a third amendment to change the requirement so as to allow until November 30, 2023 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  November 30, 2023 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 July 5, 2023. Alternatives 1. Approve first reading of the ordinance as written 2. Approve first reading of the ordinance with modifications 2. Deny first reading Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request May 8, 2023 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, on January 5, 2023, Town Council gave final reading approval to an Ordinance No. 2023-02, authorizing the Mayor of the Town to execute and deliver a second amendment to the Development Agreement extending the Effective Date of the Development Agreement to require the Property to be acquired by the Developer within six hundred and sixty (660) days from the date of the adoption of Ordinance 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 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 amended on April 25, 2022 and January 5, 2023, 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 by November 30, 2023, 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 November 30, 2023, 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 ) FIRST AMENDMENT TO ) DEVELOPMENT AGREEMENT COUNTY OF YORK ) This Third Amendment 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 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. WHEREAS, on January 5, 2023, the Town Council gave final reading to Ordinance No. 2023-02, authorizing the Mayor of the Town to execute and deliver a second 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 shall be further amended by striking “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” and inserting in lieu thereof “by November 30, 2023,” 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 by November 30, 2023, this Agreement shall be of no force or effect, ab initio.” 2. Except as amended by this Third 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 , 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 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 May 8, 2023 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type Public Hearing Executive Session Other Case Summary X Annexation Rezoning Text Amendment Case Type Subdivision Plat Appearance Review 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 provisions of their various approvals. The original approvals (September 13, 2021) of the development agreement, annexation, and rezoning required the developer take title of the properties within 240 days of Town Council’s approvals. On April 25, 2022, Town Council approved an amendment to the ordinances to extend the sunset provisions from 240 days to 480 days. On January 5, 2023, Town Council approved a second amendment to the ordinances to extend the sunset provisions from 480 days to 660 days. The developer is now asking for a third amendment to change the requirement so as to allow until November 30, 2023 to take title of the properties. Approval of this amendment would extend the sunset provisions 148 additional days. Denial of this ordinance would invalidate the original annexation ordinance if the property is not taken into the ownership of the developer by July 5, 2023. Alternatives 1. Approve first reading of the ordinance as written 2. Approve first reading of the ordinance with modifications 3. Deny first 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, on January 5, 2023, Town Council gave final reading approval of an ordinance further 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 six hundred and sixty (660) 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 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 by November 30, 2023, 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  Meeting Information Meeting Type Town Council Meeting Date May 8, 2023 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type X Public Hearing Executive Session Other Case Summary Annexation Rezoning X Text Amendment Case Type Subdivision Plat Appearance Review Other Property Information Applicant Fort Mill Town Staff Title AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE VI, ADMINISTRATION, ENFORCEMENT, PENALTIES, AND FEES; SECTION 4.4, MOBILE FOOD VENDORS; TO FURTHER AMEND THE REQUIREMENTS FOR MOBILE FOOD VENDORS; TO PROVIDE FOR A PUBLIC HEARING; AND, TO PROVIDE FOR OTHER MATTERS RELATING THERETO Background Information Background The Zoning & UDO subcommittee of Town Council met on March 1, 2023 to discuss concerns relating to the Town’s mobile food vendor regulations, particularly surrounding safety and making sure vendors were following all necessary protocols as far as receiving annual inspections from the Fire Marshal, having valid business licenses, and staying up to date with hospitality taxes. Following discussion, the committee recommended to remove the provision within the ordinance that didn’t allow overnight stays as well as to make the trucks permitted as an accessory use to any commercial use, thus putting the focus of the regulations solely on safety above all other matters. At Town Council’s March 13th meeting, the full Council heard the subcommittee’s recommendation and approved a motion to request staff to draft a text amendment addressing these items. The draft text amendment is attached for the Planning Commission’s consideration. PC At the April 18, 2023 Town of Fort Mill Planning Commission, the board Recommendation: recommended to approve the amended text amendment for the mobile food vendors. The vote was 4-0. Alternatives 1. Approve first reading of the ordinance as drafted 2. Approve first reading of the ordinance with modifications 3. Deny first reading of the ordinance Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request April 12, 2023 Legislative History Planning Commission 04/18/2023: Approved 4-0 First Reading 5/8/2023: Scheduled Public Hearing 5/8/2023: Scheduled Second Reading 5/22/2022: Tentative Effective Date Upon Adoption Attachments • Draft Text Amendment  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2023-__ AN ORDINANCE FURTHER AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE VI, ADMINISTRATION, ENFORCEMENT, PENALTIES, AND FEES; SECTION 4.4, MOBILE FOOD VENDORS; TO AMEND THE REQUIREMENTS FOR MOBILE FOOD VENDORS; TO PROVIDE FOR A PUBLIC HEARING; AND, TO PROVIDE FOR OTHER MATTERS RELATING THERETO Pursuant to the authority granted by the Constitution 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. The Zoning Ordinance for the Town of Fort Mill; Article VI, Administration, Enforcement, Penalties, and Fees; Section 4.4, Mobile Food Vendors; is hereby amended to read as follows: 4) Mobile Food Vendors A. Purpose. The Town Council hereby finds that the unrestricted sale or distribution of food and beverage from mobile food vendors, when not regulated, may pose a danger to health, safety, and general welfare. The purpose of this section is to regulate mobile food vendors in a manner that protects the public health, safety, and general welfare, while also accommodating entrepreneurial activity, as well as an active and social pedestrian environment within appropriate areas of the Town of Fort Mill. B. Mobile Food Vendor Approval Process - Business License, Fire Marshal Approval, and Hospitality Tax Remittance. All mobile food vendors must obtain and keep current a Fort Mill Fire Marshal approval (via annual inspections), obtain and keep current a Town of Fort Mill Business License (via annual renewals), and collect and remit hospitality taxes to the Town in accordance with the Town’s hospitality tax regulations (Article IV, Section 2.165 of the Town of Fort Mill Code of Ordinances). C. Permitted and Conditional Uses. Mobile food vendors that actively move to multiple sites primarily for the purpose of delivering food during one meal period are considered a permitted use in any district (such as but not limited to visiting active construction sites, industrial developments, or ice cream trucks). All other mobile food vendors are allowed to operate following the conditional use requirements listed in Section G of this ordinance and only on properties where the property owner has obtained a Mobile Food Vendor Operation Permit. D. Property Owner Approval Process - Requirement for Mobile Food Vendor Operation Permit. It shall be unlawful for any property owner to allow the operation of a mobile food vendor on their property within the Town of Fort Mill without first obtaining approval by the Town’s Planning Department or Planning Commission (as applicable) of a Mobile Food Vendor Operation Permit. The Planning Director is authorized and shall establish an application form and submittal requirements for property owners to apply  for approval for the operation of a mobile food vendor on their property. Fees for Mobile Food Vendor Operation Permits may be established at the will of Town Council and included in the fee schedule of the adopted fiscal year budgets. E. Mobile Food Vendor Operation Permit – Locational Requirements. Approvals to property owners are only allowed in certain locations listed below: 1. As a part of an approved special event (Planning Department approval) 2. As an accessory use to a craft brewery or distillery (Planning Department approval) 3. As an accessory use to a school or church (Planning Department approval) 4. As an accessory use to a commercial establishment (Planning Department approval) 5. At a space approved by the Planning Commission in a pedestrian-oriented area such as downtown, a mixed-use district, major park or venue, or employment campus. 6. Notwithstanding the above, no mobile food vendor shall be allowed to operate on a single-family residential lot. F. Mobile Food Vendor Operation Permit – Operational Requirements. A Mobile Food Vendor Operation Permit shall only be approved for the operation of a mobile food vendor subject to the ability to meet the following requirements: 1. Location on Site: Mobile food vendors must be located to serve major pedestrian flows, event attendees, and on-site customers. Vendors cannot be oriented to attract business from nearby roads or other off-site areas. 2. Permission of Other Applicable Controlling Entities: Written consent to operate on the property must be obtained from any Homeowner’s Association, Property Owner’s Association, or similar entity with authority over the property. If the proposed location is within a Town right-of-way, the Town must provide written consent. 3. Allowable Mobile Food Vendors: Only mobile food vendors who have been approved by the Town of Fort Mill and have an active/valid Fire Marshal Approval and Town of Fort Mill Business License are allowed to operate on the property. It shall be unlawful for any other food truck to be allowed to operate on the property. 4. Safety: The unit must be parked in a location that does not create traffic or safety problems and does not impede the activities of other uses at the location. Examples include but are not limited to obstructing the visibility of motorists, interfering with parking lot circulation, blocking access to a public street, alley or sidewalk, or locating customer queuing that obstructs building entries or public walkways. 5. RESERVED 6. Planning Commission Approved Spaces: The Planning Commission has the authority to add additional conditions for any space they approve in order to  protect the health, safety, and general welfare of the public on a case-by-case basis. G. Conditional Use Requirements. Mobile food vendors operating as a conditional use must meet the following requirements: 1. Mobile food vendors must operate on property that has an approved Mobile Food Vendor Operation Permit and must operate in accordance with the conditions of the Mobile Food Vendor Operation Permit approval. 2. Town and State Approvals: A Town of Fort Mill Business License and DHEC inspection report shall be prominently displayed to the public in the food handling area of the vehicle during operation. Town of Fort Mill Fire Marshal approval shall be kept within the truck and made available upon request. 3. Alcohol: No alcoholic beverages shall be sold. 4. Safety: The unit must not create traffic or safety problems and must not impede the activities of other uses at the location. Examples include but are not limited to obstructing the visibility of motorists, interfering with parking lot circulation, blocking access to a public street, alley or sidewalk, or locating customer queuing that obstructs building entries or public walkways. 5. Signs: Only signs permanently affixed to or painted on the vehicle shall be permitted. Signs shall not project from the vehicle and shall not be illuminated. 6. Garbage: The vendor is responsible for removing all garbage from the site and for keeping the surrounds free from litter at all times. 7. Operators shall not cause any liquid wastes used in the operation to be discharged from the vehicle, with the exception of clean ice melt. 8. RESERVED 9. Restroom facilities: The vendor is responsible for securing access to proximately located restrooms for employees. H. Public Property and Special Events. Mobile food vendors requesting approval to operate on public property or as a part of a Town approved special event may be subject to additional applications, submittal requirements, and may be subject to additional and/or different or more restrictive requirements than those listed previously. I. Enforcement. A mobile food vendor found to be operating out of compliance with the requirements of this ordinance will be required to cease operations until such time that they are able to come into compliance. Mobile food vendors found operating out of compliance more than three (3) times in a business license year shall have their business license revoked and will not be able to operate within the Town of Fort Mill for the remainder of the business license year. Property owners found out of compliance more than three (3) times in a calendar year shall have their Mobile Food Vendor Operation Permit revoked and/or lose their ability to obtain a Mobile Food Vendor Operation Permit for a period of twelve months.  SECTION II. 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 III. Conflicting Ordinances Repealed. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. Effective Date. This ordinance shall be effective thirty days after the date of adoption. 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: 5/8/2023 TOWN OF FORT MILL Public Hearing: 5/8/2023 Second Reading: 5/22/2023 ______________________________ 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 May 8, 2023 Request Summary Action (Old Bus.) X Action (New Bus.) Info/Discussion Request Type X Public Hearing Executive Session Other Case Summary Annexation Rezoning X Text Amendment Case Type Subdivision Plat Appearance Review Other Property Information Applicant Fort Mill Town Staff Title AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE III, SIGNS; SECTION 5.7, ELECTION SIGNS; TO AMEND THE REQUIREMENTS FOR THE REMOVAL OF ELECTION SIGNS FOLLOWING AN ELECTION Background Information Background The Zoning & UDO subcommittee of Town Council met on March 1, 2023 to discuss concerns relating to the Town’s regulations on election signs. The subcommittee discussed regulations from other municipalities throughout the state and determined that our regulations were very similar in nature. The subcommittee ultimately recommended to revise the time requirement for removal of elections signs following an election, changing it from 7 days to 48 hours following an election. At Town Council’s March 13th meeting, the full Council heard the subcommittee’s recommendation and approved a motion to request staff to draft a text amendment to change the requirement for removal of signage following an election. The draft text amendment is attached for the Planning Commission’s consideration. Planning The Town of Fort Mill Planning Commission met on Tuesday, April 18, 2023 Commission and made the recommendation to approve the amendment to the Meeting: April 18, requirements for the removal of elections signs following an election by a 2023 vote of 4-0. Alternatives 1. Approve first reading of the ordinance as drafted 2. Approve first reading of the ordinance with modifications 3. Deny first reading of the ordinance Staff Contact Name & Title Chris Pettit, Assistant Town Manager Department Administration Date of Request April 12, 2023 Legislative History Planning Commission 04/18/2023: Approved (4-0) First Reading 5/8/2023 (Scheduled) Public Hearing 5/8/2023 (Scheduled) Second Reading 5/22/2023 (Tentative) Effective Date Upon Adoption Attachments • Draft Text Amendment  STATE OF SOUTH CAROLINA TOWN COUNCIL FOR THE TOWN OF FORT MILL ORDINANCE NO. 2023-__ AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FORT MILL; ARTICLE III, SIGNS; SECTION 5.7, ELECTION SIGNS; TO AMEND THE REQUIREMENTS FOR THE REMOVAL OF ELECTIONS SIGNS FOLLOWING AN ELECTION Pursuant to the authority granted by the Constitution 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. The Zoning Ordinance for the Town of Fort Mill; Article III, Signs; Section 5.7, Election Signs; is hereby amended to read as follows: 5.7) Election signs, provided: A. Such signs shall not be located on public property or in the public right-of-way and must be confined wholly to placement on private property, with permission of the property owner. B. Such signs shall not be placed earlier than 60 days prior to the election to which they apply and much be removed within 48 hours after the election. C. Such signs shall not exceed 6 square feet in area and shall not exceed a height of 4 feet. SECTION II. 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 III. Conflicting Ordinances Repealed. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. Effective Date. This ordinance shall be effective upon adoption. 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: 5/8/2023 TOWN OF FORT MILL Public Hearing: 5/8/2023 Second Reading: ______________________________ Guynn H. Savage, Mayor LEGAL REVIEW ATTEST ______________________________ ______________________________ Barron B. Mack, Jr, Town Attorney Virginia Burgess, Town Clerk Town of Fort Mill Trail Master Plan Objective: • To establish a vision for the future of trails within the Town of Fort Mill (long range) • To develop an implementation plan that puts us on the path toward reality on realizing the vision (long range, short range) • To study up to two corridors more intensely for construction feasibility and design for short term construction consideration (short range) Next Steps: Now that the public engagement and draft network have been finalized, work has begun on network segment prioritization and drafting of the final plan documents. The Steering Committee and staff have reviewed the prioritization plan and have selected four projects that will be highlighted within the plan with detailed cutsheets. These projects consist of a mix of highest rated priority projects in addition to most shovel ready projects. These cutsheets will provide another tool to use to gain community support and potential grant funding to move those projects along. McAdams is finalizing the draft plan, including a chapter dedicated to the implementation of the plan. The draft is scheduled to be completed by the end of May and ready for review by the Steering Committee at their final meeting on June 5th. McAdams will receive feedback on the draft and complete any edits by June 30th. Staff will then provide the full Council with the draft for review with a planned presentation to Council at the August 14th Town Council meeting. Thank you!