City Council Meeting

CITY COUNCIL MEETING MONDAY, NOVEMBER 21, 2022 | 7:00 PM City Council meeting in the Mauldin City Hall Council Chambers, 5 East Butler Road Please note that members of the public are encouraged to participate remotely through Zoom. Please visit the City’s website at https://cityofmauldin.org/your-government/meeting-minutes- agendas/ to access the meeting via audio and videoconferencing.  CITY OF MAULDIN COUNCIL MEETING AGENDA N OVEMB ER 21 , 2022 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 5 E. BUTLER ROAD 1. Call to Order Mayor Merritt a. Welcome b. Invocation c. Pledge of Allegiance 2. Proclamations and Presentations Mayor Merritt Citizens’ Police Academy Mauldin Girls’ Volleyball Team 3. Reading and Approval of Minutes Mayor Merritt a. City Council Meeting – October 17, 2022 4. Public Comment Mayor Merritt 5. Report from City Administrator Interim City Administrator 6. Report from Standing Committees a. Finance and Policy (Chairperson Reynolds) b. Public Safety (Chairperson King) c. Public Works (Chairperson Kraeling) d. Economic Planning & Development (Chairperson Matney) e. Building Codes (Chairperson Kuzniar) f. Recreation (Chairperson Allgood) 7. Unfinished Business Mayor Merritt Ordinances – 2nd Reading a. Annexation and establishment of Tanner Road Planned Councilor Kuzniar Development – 3 ordinances i. An ordinance to provide for the annexation of property owned by W. Earl Jones and Nancy L. Jones, and located at 30 Tanner Road (tax map parcel: 0547.03-01-043.01) by one hundred percent petition method; and to establish a zoning classification of PD, Planned Development, for said property  ii. An ordinance to provide for the annexation of property owned by W. Earl Jones, and located at 30 Tanner Road (tax map parcel: 0547.03-01-043.02) by one hundred percent petition method; and to establish a zoning classification of PD, Planned Development, for said property iii. An ordinance to provide for the annexation of property owned by C. Lynn Farmer and Elaine F. Ayscue, and located at 50 Tanner Road (tax map parcel: 0547.03-01- 043.00) by one hundred percent petition method; and to establish a zoning classification of PD, Planned Development, for said property 8. New Business Mayor Merritt Ordinances – 1st Reading a. An amendment to the Mauldin zoning ordinance establishing Councilor Kuzniar definitions, standards, and prohibitions for drive-thru facilities Standing Committee Items b. Appointment to the Building and Zoning Board of Appeals Councilor Kuzniar c. Amended agreement with the County Drug Enforcement Unit Councilor King Councilor King d. Duke Energy Utility Easement Councilor King e. Grant Acceptance Councilor Kraeling f. On-Call Sanitary Sewer Engineer Contract g. Municipal State Highway Project Agreement Councilor Kraeling Councilor Reynolds h. Insurance Renewal  Committee of the Whole i. Resolution to approve the amended and restated development agreement and the second amendment to restate purchase and sale agreement with the Parker Group and Longbranch Investors, LLC j. Resolution to approve funding the public improvements set forth in the amended and restated development agreement with Parker Group and Longbranch Investors, LLC k. Resolution to approve purchase of property identified as Greenville County Tax Map number M003010200400 pursuant to terms of a letter of intent dated November 18, 2022 l. An amendment to Section 3:12.3.8 (cessation of the sale and rental of moving trucks, trailers, intermodal containers, and temporary portable storage units) of the Mauldin zoning ordinance to (1) remove the cessation period for such use previously allowed within the C2 district and (2) to add regulations for said non- conforming use in the C2 district 9. Public Comment Mayor Merritt 10. Council Concerns Mayor Merritt 11. Adjournment Mayor Merritt  PROCLAMATION WHEREAS, the 2022 Mauldin High School (MHS) Girls Volleyball Team, led by Head Coach Valerie Thoms and Assistant Head Coach Saleena Walker finished the season 32-7; and WHEREAS, Mauldin’s Volleyball Team has won the 5A State Championship for the first time in program history; and WHEREAS, The Mavericks won the title over Lexington in a three-set sweep (25-22, 25-22, 25- 18); and WHEREAS, The Mavericks are also the first Greenville County public school to win a volleyball title since Hillcrest in 2013; WHEREAS, the MHS Girls Volleyball Team, consisting of Maddie Powell, Sydney Shearer, Ella Leister, Jasmin Buford, Jurnee Robinson, Allison Norris, Mia Rojas, Kaylee Godwin, Sarina Galyean, Anna Schneider, Olivia Davis, Jadyn Crowe, Ella Ferguson, and Lena Scott, through hard work and dedication, persevered and won the championship; NOW, THEREFORE, BE IT PROCLAIMED, that I, Terry Merritt, Mayor of the City of Mauldin, along with my fellow Councilmembers, do hereby proclaim November 21, 2022 as Mauldin High School Girls Volleyball Team Day and recognize them for winning the State AAAAA Championship. ___________________________________ Terry Merritt, Mayor  MINUTES CITY OF MAULDIN COUNCIL MEETING OCTOBER 17, 2022 7:00 P.M. CITY HALL COUNCIL CHAMBERS, 5 E. BUTLER ROAD Members present were Mayor Terry Merritt, Council members Carol King, Taft Matney, Jason Kraeling, Michael Reynolds, Diane Kuzniar, and Frank Allgood. Others present were Interim City Administrator Rebecca Vance and City Attorney Daniel Hughes. 1. Call to Order- Mayor Merritt a. Welcome- Mayor Merritt b. Invocation- Councilman Reynolds c. Pledge of Allegiance- Councilman Reynolds 2. Proclamations and Presentations - None 3. Reading and Approval of Minutes a. City Council Meeting – September 19, 2022 b. Special Called Meeting – October 3, 2022 Motion: Councilman Matney made a motion to approve the minutes with Councilwoman King seconding. Vote: The vote was unanimous (7-0). 4. Public Comment David Graffius: Good evening. My name is David Graffius and I am with Gray Engineering. My address is 132 Pilgrim Road in Greenville. I would like to talk about annexation and establishment of Tanner Road Planned Development ordinances on the agenda tonight. Based on discussion on first reading regarding the development and application at last month’s council, there were questions from Council and the Planning Commission on mitigations that may be required by SCDOT on the project. Our team has heard the comments and subsequently have had discussions with SCDOT. However, we do not have a complete picture of what SCDOT will require or the cost of the same. As a result, we would like to respectfully request additional time to continue discussions with SCDOT, which we anticipate will take no longer than 30 days. This additional time will allow our team to meet the requests from Council and bring the most comprehensive answers possible. To that end, we kindly request the second reading be deferred to the November 21, 2022 meeting. 5. Report from City Administrator- None 6. Report from Standing Committees a. Finance and Policy (Chairperson Reynolds)- Chairman Reynolds reported the City’s finances look good. b. Public Safety (Chairperson King)- None c. Public Works (Chairperson Kraeling)- None d. Economic Planning & Development (Chairperson Matney)- None e. Building Codes (Chairperson Kuzniar)- Chairwoman Kuzniar reported 12 new businesses opened in September. f. Recreation (Chairperson Allgood)- None 7. Unfinished Business Ordinances – 2nd Reading a. An ordinance to rezone property consisting of approximately 5.8 acres located at 25 Old Mill Road (tax map parcel: #M008.04-01-002.03) and providing an effective date Motion: Chairwoman Kuzniar made a motion to adopt this ordinance on final reading. Councilman Matney seconded the motion. Vote: The vote was unanimous (7-0). b. Annexation and establishment of Tanner Road Planned Development – 3 ordinances Motion: Chairwoman Kuzniar made a motion to table these ordinances until the regularly scheduled November Council meeting by request of the applicant. Councilman Matney seconded the motion. Vote: The vote was unanimous (7-0). i. An ordinance to provide for the annexation of property owned by W. Earl Jones and Nancy L. Jones, and located at 30 Tanner Road (tax map parcel: 0547.03-01-043.01) by one hundred percent petition method; and to establish a zoning classification of PD, Planned Development, for said property ii. An ordinance to provide for the annexation of property owned by W. Earl Jones, and located at 30 Tanner Road (tax map parcel: 0547.03-01-043.02) by one hundred percent petition method; and to establish a zoning classification of PD, Planned Development, for said property iii. An ordinance to provide for the annexation of property owned by C. Lynn Farmer  and Elaine F. Ayscue, and located at 50 Tanner Road (tax map parcel: 0547.03-01- 043.00) by one hundred percent petition method; and to establish a zoning classification of PD, Planned Development, for said property c. An amendment to Chapter 18, Article II (Nuisances) of the Mauldin Code of Ordinances to authorize the codes enforcement official rather than the building and zoning director to enforce certain provisions contained herein and for other matters related thereto Motion: Chairwoman Kuzniar made a motion to adopt this ordinance on final reading. Councilwoman King seconded the motion. Vote: The vote was unanimous (7-0). d. An amendment to Chapter 18, Article II (Nuisances) of the Mauldin Code of Ordinances to establish certain standards to protect against nuisances caused by light trespass and for other matters related thereto Motion: Chairwoman Kuzniar made a motion to adopt this ordinance on final reading. Councilman Allgood seconded the motion. Vote: The vote was unanimous (7-0). e. Amend Chapter 20, Article I, General Fire Prevention and Protection, of the Mauldin Code of Ordinances regarding open burning Motion: Chairwoman King made a motion to adopt this ordinance on final reading. Councilman Kraeling seconded the motion. Vote: The vote was unanimous (7-0). 8. New Business Ordinances – 1st Reading Mayor Merritt None Standing Committee Items a. Appointments to the Building and Zoning Board of Appeals Motion: Chairwoman Kuzniar made a motion to approve the appointments of Jon Statom to seat #3, Jeremy Roberts Owens to seat #4, and Amie Goodwin to seat #5. Councilman Allgood seconded the motion. Vote: The vote was unanimous (7-0).  Committee of the Whole None 9. Public Comment a. Marcos Lisak: I live at 108 Belgian Blue Way in Fountain Inn. I reside with my wife and four children in Fountain Inn and am asking for an amendment to open a coin shop or a gold and silver shop here in Mauldin. There is a 30,000 square foot minimum or larger requirement that I do not meet. Currently we are a family business and online only, but are looking for a local presence. We deal in high quality numismatics, new and old coins. We are not a pawn shop. No loans. I would be partnered up, if approved, with Mr. McChesney where old Mauldin Deli used to be. I would sub-lease from him. It would be a small square footage- 600 to 700 square feet. Mr. McChesney: I am a small businessman in Mauldin. We are concerned about our image and have investigated this guy pretty well. If you are concerned about whether this would be good for Mauldin, don’t be. He will be right beside us. And on the zoning side, for certain purposes doesn’t exactly fit, I think this would be positive. 10. Council Concerns- Councilman Reynolds asked about the process to withdraw an ordinance from the Council agenda. Is there a verification that the person who is withdrawing the property is actually the person who is authority to do so? Mr. Dyrhaug said he knows Mr. Graffius represents the property, and he has worked with him throughout the process. If there were concerns, they would be brought to Council’s attention. Mr. Dyrhaug has encouraged applicants to come forward to Council so that the public is aware of what is happening in the process and ensure Council makes the final decision. 11. Call for Executive Session a. Executive Session to receive advice regarding a legal matter as allowed by State Statute Section 30-4-70 (a)(2) Motion: Chairwoman King made a motion to consider this matter informally. Councilman Reynolds seconded the motion. Vote: The vote was unanimous (7-0). Motion: Councilman Matney made a motion to go into executive session with Councilman Reynolds seconding. Vote: The vote was unanimous (7-0).  Mayor Merritt reconvened the meeting at 8:40 p.m. Councilman Matney reported no decisions were made and no votes taken in executive session. b. Possible action on items discussed in Executive Session- None 12. Adjournment- Mayor Merritt adjourned the meeting at 8:41 p.m. Respectfully Submitted, Cindy Miller Municipal Clerk CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2022 AGENDA ITEM: 7a TO: City Council FROM: Business & Development Services Director, David C. Dyrhaug SUBJECT: Annexation/Planned Development at 30 & 50 Tanner Rd *** 2nd Reading *** TRACT #1 TRACT #2 TRACT #3 (30 Tanner Rd) (30 Tanner Rd) (50 Tanner Rd) AUTHORIZED Flournoy Dev. Group Flournoy Dev. Group Flournoy Dev. Group REP(S): Gray Engineering Gray Engineering Gray Engineering OWNER(S): W. Earl Jones W. Earl Jones C. Lynn Farmer Nancy L. Jones Elaine F. Ayscue TAX MAP 0547.03-01-043.01 0547.03-01-043.02 0547.03-01-043.00 NUMBER(S): LOCATION: 30 Tanner Rd 30 Tanner Rd 50 Tanner Rd CURRENT R-S (County) R-S (County) R-S (County) ZONING: REQUESTED PD, Planned PD, Planned PD, Planned ZONING: Development Development Development SIZE OF Approx. 0.9 acres Approx. 6.7 acres Approx. 13 acres PROPERTY: CONTIGUITY: These tracts are directly contiguous to the Maple Brook Terrace Retirement Community at 150 Verdin Rd, the backside of 701 Brookfield Pkwy, and the Sonic Drive-In at 1534 Woodruff Rd. REQUEST The City of Mauldin has received signed petitions requesting the annexation of three parcels of land pursuant to South Carolina Code of Laws Section 5-3-150. These petitions include approximately 13 acres owned by Lynn Farmer and Elaine Ayscue located at 50 Tanner Road, and approximately 7.6 acres owned by Earl Jones and Nancy Jones located at 30 Tanner Road. The applicant has requested that these tracts be zoned PD, Planned Development upon annexation into the City of Mauldin. Flournoy Development Group is planning to develop a planned development described below. HISTORY/BACKGROUND Each of these two tracts are currently occupied by a single-family residence—one residence at 30 Tanner Road and one residence at 50 Tanner Road. These tracts have attracted various development interests over the years. ***NOVEMBER 14, 2022, UDPATE: In October, the City Council held off on second reading of the project while the applicant and SCDOT coordinated on the traffic improvements that would be required for this project. Since that time, the applicant and SCDOT have agreed upon the following traffic improvements: 1. Construct dual left turn lanes on the northbound section of Verdin Road at the Woodruff Road intersection. This will be accommodated by converting one of the southbound lanes on Verdin Road into a northbound left turn lane. This means that the number of “receiving” lanes for southbound traffic on Verdin Road at the Woodruff Road intersection will be reduced from two lanes to one lane. 2. Modify the traffic signal at the Woodruff Road intersection to accommodate the dual left turn lanes on Verdin Road. Drivers turning left from Verdin Road onto Woodruff Road will only be permitted to turn during a green arrow. Once the oncoming traffic from Feaster Road has a green light, left turn traffic on Verdin Road will have a red arrow. 3. Install a right turn overlap phase for southbound traffic on Verdin Road at the East Butler Road intersection. This means that vehicles turning right from Verdin Road will have a green arrow while the eastbound traffic on East Butler Road has a green arrow to turn left. Separate of the proposed development, SCDOT intends to remove the existing traffic signal at the intersection of Verdin Road and Tanner Road and construct a raised concrete median along Verdin Road beginning at Woodruff Road and ending in front of the Kids ‘R’ Kids daycare on Verdin Road. SCDOT would provide a left turn lane for northbound traffic on turning left from Verdin Road onto Tanner Road. However, southbound traffic on Verdin Road (coming from Feaster Drive or Woodruff Road) would no longer be able to turn left onto Tanner Road. Additionally, eastbound traffic on Tanner Road (coming from Woodruff Road) would no longer be able to continue straight on Tanner Road across Verdin Road. See image on next page. PROPOSED DEVELOPMENT About Flournoy Development Group Flournoy is described on their website as “a distinguished member in the multifamily real estate industry.” They state they “[lead] the planning, development, and construction of luxury, Class A multifamily communities across the Sunbelt.” They claim to have developed and managed over 40,000 multi-family units. They indicate that they have successfully purchased and developed or are in the process of developing 5 other properties in Greenville. This includes District West at 101 Reedy View Dr (365 units), The Aventine Greenville at 97 Market Point Dr (346 units), Carolina Point Apartments at 201 Carolina Point Pkwy (346 units), and The Paddock Club Greenville at 50 Rocky Creek Rd (208 units). Overview of Proposed Development At present, Flournoy Development Group is proposed a planned development consisting of the following: • 4-story apartment buildings consisting of up to 365 apartment units • 2- and 3-story townhomes consisting of up to 100 townhome units • 2-story carriage homes consisting of up to 8 units • Ground floor work space units consisting of up to 14 units (these units will be connected to the residential units above the work space creating a live/work environment) • Accessory garages and amenities In total, this proposal includes up to 473 residential units, approximately 16,000 square feet of work space, 566 parking spaces (24 garage spaces and 542 surface parking spaces), a 12,000-square foot clubhouse, and 950-square foot maintenance/dog wash space. All work spaces and residential units, including apartments, townhome units, and carriage homes, will be for rent only. The entire project will be owned and managed as one property. Live/Work Units. The live/work units will consist of a ground floor work space connected to a upper floor apartment unit. The work spaces are intended to be used for small office spaces or small-scale neighborhood retail uses. The target market for these work spaces will be entrepreneurs, small businesses, and professionals. The size of each work space will generally range between 700 and 1,200 square feet. Examples of businesses that may occupy these work spaces may include accountant, architect, artist/artisan, attorney, computer software and multimedia related professional, consultant, engineer, coffee shop, fashion designer, clothing boutique, graphic designer, interior designer, hair stylist, home-based office worker, insurance agent, real estate or travel agent, one-on-one instructor, photographer, and other similar occupations. The following uses are not intended for these work spaces: vehicle repair or maintenance, adult businesses, massage parlors, large commercial restaurants utilizing a commercial kitchen, and uses that create excessive noise, dust, heat, smoke, and odors that create a nuisance or other safety concerns. Apartments. The apartments will consist of 1-, 2-, and 3-bedroom units. Units will vary in size between 600 and 1,600 square feet. The buildings may vary in height between 2 and 4 stories. The exterior façade materials will consist primarily of masonry and fiber cementitious board. Amenities. Amenities planned for this project include, but are not limited to, upscale clubhouse space, meeting rooms for residents who work from home, co-working space, fitness and wellness rooms, a dog park, mail kiosk and package lockers, a swimming pool courtyard, and outdoor spaces providing grills, firepits, and other amenities. Traffic. A traffic impact study has been completed for the proposed development project. This study was performed by Allen J. Reid with Impact Designs, Inc. This study was based on a slightly lower number of units (471) than the number of units included in the planned development submission (473). The difference of two units should be relatively immaterial to the outcome of the study. At the Woodruff Road intersection, the report indicates that the northbound traffic on Verdin Road and the southbound traffic on Feaster Road both currently operate at a level “F” during both morning and evening peak hours. A level of service “F” generally means there is forced traffic flow and the traffic level exceeds the amount that can be served. A level of service “F” is generally characterized by stop-and-go waves, poor travel times, low comfort and convenience, and increased accident exposure. In order to soften the impact of this proposed development project, the traffic impact study recommends that dual northbound turn lanes be installed on Verdin Road at the Woodruff Road intersection. To accommodate the dual northbound turn lanes, the southbound lanes on Verdin Road would be reduced from two lanes to one lane. Even with this adjustment, Verdin Road and Feaster Road would still operate at a level F at this intersection. The following table compares the current traffic level to future traffic levels in 2025 at this intersection. INTERSECTION OF VERDIN/FEASTER/WOODRUFF LEVEL OF SERVICE (DELAY IN SECONDS PER VEHICLE) Street Existing Conditions in Conditions in Conditions in Conditions in 2025 without this 2025 with this 2025 with this 2022 Development Development Project and Road Project Project Improvements Verdin Road (northbound) AM Peak Hour F (118.9) F (133.7) F (188.9) F (116.5) PM Peak Hour F (131.1) F (154.8) F (177.3) F (135.5) Feaster Road (southbound) AM Peak Hour F (128.8) F (141.0) F (147.2) F (147.2) PM Peak Hour F (123.6) F (139.3) F (147.9) F (147.9) Woodruff Road (eastbound) AM Peak Hour C (22.3) C (29.3) C (29.6) C (29.9) PM Peak Hour C (30.0) D (35.8) D (36.0) D (36.0) Woodruff Road (westbound) AM Peak Hour C (29.8) D (35.9) D (35.8) D (35.8) PM Peak Hour C (30.1) D (37.5) D (44.5) D (44.5) OVERALL AM Peak Hour D (45.8) D (53.7) E (62.7) D (53.6) PM Peak Hour D (54.2) E (64.1) E (71.6) E (66.0) The traffic impact study also indicates that this project will impact the overall level of service at the intersection of Verdin Road, E. Butler Road, and Holland Road. This intersection presently operates at a level C during both morning and evening peak hours. With or without this project, the morning peak hour level of service at the Butler Road intersection is projected to deteriorate to a level D by 2025. This development project would also cause the evening peak hour level of service at this intersection to also deteriorate to a level D. The traffic impact study recommends that a right turn overlap be installed on Verdin Road at this intersection to facilitate the high number of right turns from Verdin Road onto E. Butler Road. This would improve the evening peak hour level of service back to a level C for this intersection. The following table compares the current traffic level to future traffic levels in 2025 at this intersection. INTERSECTION OF VERDIN/HOLLAND/BUTLER LEVEL OF SERVICE (DELAY IN SECONDS PER VEHICLE) Street Existing Conditions in Conditions in Conditions in Conditions in 2025 without this 2025 with this 2025 with this 2022 Development Development Project and the Project Project Right Turn Improvements Verdin Road (southbound) AM Peak Hour D (37.9) D (39.4) D (47.6) D (44.0) PM Peak Hour D (41.8) E (55.7) E (69.6) D (49.3) Holland Road (northbound) AM Peak Hour C (34.8) D (37.4) D (37.6) D (41.3) PM Peak Hour C (32.8) C (32.1) C (32.3) D (41.7) East Butler Road (eastbound) AM Peak Hour C (29.2) D (37.3) D (39.6) D (39.1) PM Peak Hour C (20.5) C (26.2) C (28.9) C (28.2) East Butler Road (westbound) AM Peak Hour C (32.5) D (38.9) D (39.3) D (38.3) PM Peak Hour B (16.2) B (18.1) B (18.3) B (17.5) OVERALL AM Peak Hour C (32.4) D (38.0) D (40.0) D (40.0) PM Peak Hour C (25.3) C (31.0) D (35.4) C (32.3) In summary, the traffic impact study recommends the following improvements to the current traffic system. These improvements are intended to soften the blunt of the traffic that would be added by the proposed development. 1. Construct dual northbound left turn lanes on Verdin Road at Woodruff Road. (In order to accommodate these dual lanes, the number of southbound lanes on Verdin Road would be reduced from two lanes to one lane.) 2. Modify the traffic signal to accommodate the northbound dual left turn lanes on Verdin Road. Motorists would only be allowed to turn left onto Woodruff Road when they have a green arrow signal. 3. Install a right turn overlap on the southbound approach of Verdin Road at East Butler Road. Additionally, SCDOT has expressed their intent to install a raised concrete median on Verdin Road beginning at the Kids ‘R’ Kids daycare and ending at Woodruff Road. This would essentially eliminate all left turns along this section of Verdin Road, including for southbound traffic on Verdin that wish to turn left onto Tanner Road. Notwithstanding, a northbound left turn onto Tanner Road would be provided. The existing traffic signal at Verdin Road and Tanner Road would be removed and through traffic along Tanner Road would no longer be allowed across Verdin Road. Access. The applicant is proposing three access points, subject to review and approval by SCDOT. This will include one driveway at Tanner Road and two driveways at Verdin Road. Sidewalks will be installed along Tanner Road and Verdin Road in order to promote walkability and connectivity. Parking. In total, 784 parking spaces are proposed for this development project. This includes 542 surface parking spaces for the apartments, 24 garage spaces for the apartments, 200 garage and driveway parking spaces for the townhomes, and 18 garage spaces for the carriage homes. This is consistent with the minimum parking requirements for the City of Mauldin which is presently 1.5 parking spaces for each multi-family dwelling unit and 2.0 parking spaces for other dwellings. It appears that the parking being proposed is consistent with the requirements for the City of Mauldin. Utilities. All utilities are available including water and sewer. The applicant has provided letters of capacity and availability from the various utility providers. MetroConnects has a sewer line at Verdin Road that the developer is expected to tie into. NEIGHBORHOOD MEETING The applicant held a neighborhood meeting on July 11, 2022. Based on the sign-in sheet, it appears that nearly 30 neighbors attended the meeting. It appears that most of the attendees were from the Towns at Woodruff Crossing townhome community on Tanner Road just outside the City of Mauldin and next door to the proposed planned development. According to the meeting summary provided by the applicant, questions and concerns covered topics including: traffic, amenities, tree preservation, stormwater runoff, landscape buffering and screening, light pollution, trespassing by pedestrians, property values, and the capacity of infrastructure. Attached is the applicant’s summary of the neighborhood meeting. PUBLIC HEARING The Planning Commission held a public hearing on August 23, 2022. The following citizens provided public comments at this hearing.  Jane Lawrence, 121 Ashgrove Lane (County resident), indicated that her questions and concerns have been addressed by the applicant and she has no further comment.  Peggy Garland, 213 Louisville Drive (County resident), indicated that she is not opposed to the development of this tract but also shared some concerns about the development of the site. Her concerns included: (1) stormwater runoff that may affect the upkeep of the existing retention pond at the adjacent Woodruff Crossing community, (2) the effect of additional sewer flow on the deteriorating sewer pipes that currently serve the Woodruff Crossing community, and (3) cut- through traffic from Tanner Road through the parking lots for the AAA Car Care Center to Hendrix Drive.  James Epling, 115 Ashgrove Lane (County resident), shared the following concerns: (1) insufficient roadways to accommodate increasing traffic in the area, and (2) the effect of the proposed development on property values in the Woodruff Crossing community. PLANNING AND ZONING About the PD District The PD district is established to encourage innovative and creative design of residential and/or commercial developments and to permit a greater amount of flexibility by removing some of the restrictions of conventional zoning. The procedures for a PD provide a mechanism to evaluate each application on its own merit. Surrounding Development/Zoning These properties are surrounded by the following zoning and land uses: Direction Zoning District(s) Existing Use(s) North C-1/C-2 (County) Express Oil Change, La Petite Academy, C-1 (City) Sonic Drive-In, Greenville Car Wash, Master’s Mark Dry Cleaners, The Flat South S-1 (City) Maple Brook Terrace Retirement Community East S-1/C-1 (County) Kids ‘R’ Kids Learning Academy West C-2/R-M10 (County) AAA auto repair shop, strip shopping center including various tenants, Towns at Woodruff Crossing townhome community Comprehensive Plan Vision This property is designated as an “employment center” in the future land use map of the comprehensive plan. Employment Center areas are intended for industrial parks and office parks. STAFF FINDINGS Staff has reviewed this request as follows. CRITERIA STAFF FINDINGS 1. Consistency with the Comprehensive Plan or, This property is designated as an “employment if conditions have changed, consistency with center” in the future land use map of the the overall intent of the Plan, recent comprehensive plan. Employment Center areas are development trends, and the general character intended for industrial parks and office parks. of the area; However, with the number of vacancies in the adjacent Brookfield Corporate Office Park, it is not unreasonable to conclude that recent trends may suggest that office park development is not as viable as it once was pre-COVID. The Planning Commission and the City Council may or may not judge that the proposed planned development is consistent with the intent of the comprehensive plan, recent development trends, and the general character of the area. CRITERIA STAFF FINDINGS 2. Suitability of the site’s physical, geological, To staff’s knowledge, there are no apparent hydrological and other environmental features floodplains, wetlands, or topographic constraints to support the breadth and intensity of uses that on the site. Staff is not aware of any features at this could be developed site that would make it unsuitable for development. 3. Compatibility of the potential uses allowed The tract is located in a transitional area between with surrounding uses and zoning districts in commercial uses to the north, west, and east, an terms of suitability of location, impacts on the office park to the south, a retirement apartment environment, noise, density, nature of use, community to the south, and a townhome traffic impacts, aesthetics, ability to develop community to the west. The mix of apartments and adjacent properties under existing zoning, and work spaces appears to represent a blend of some potential influence on property values of the surrounding uses, albeit the work space aspect of the proposed planned development is a relatively minor component. As evident in the traffic impact study, this proposed planned development would impact traffic at a couple of the nearby intersections. However, the traffic study recommends improvements to the traffic system that would soften the impact of this traffic. 4. Capacity of public infrastructure and services Staff is not aware of any utilities, including water to sufficiently accommodate potential uses and sewer, that would not be available at this tract. allowed without compromising public health, This project is expected to connect to the existing safety, or welfare MetroConnects sewer line along Verdin Road. There is some concern about the road infrastructure to be able to accommodate the additional traffic generated by this proposed planned development. This concern was expressed at the neighborhood meeting. During peak hours, Verdin Road and Feaster Road already experience failed traffic flow (LOS F) at the intersection of Woodruff Road. Additionally, Verdin Road is currently approaching unstable flow (LOS D) at East Butler Road during peak hours. The traffic study contains recommendations that will attempt to mitigate the impact of traffic generated by this planned development. However, Verdin Road at Woodruff Road will continue to experience failed traffic flow (LOS F) and Verdin Road at East Butler Road will continue to approach unstable flow (LOS D) even with these improvements to the traffic system.  CRITERIA STAFF FINDINGS 5. Public need for the potential uses permitted The Comprehensive Plan forecasts changing lifestyles, such as young adults delaying marriage and parenthood, will continue to increase the demand for apartments and townhomes. Additionally, the growing number of single-parent households may also create more demand for apartments and townhomes. This planned development proposal would provide additional living options that support this forecast in the Comprehensive Plan. TIMELINE On July 11, 2022, the applicant met with interested neighbors to review their proposal and to seek questions and comments. On July 18, 2022, staff received the petition and accompanying documents to annex these tracts and established a Planned Development (PD) district. On August 1, 2022, (at the request of the applicant) the Building Codes Committee of City Council referred the planned development proposal to Planning Commission for their review and recommendation. On August 23, 2022, the Planning Commission conducted a public hearing. At this meeting, the Planning Commission voted 6-0 to recommend approval of the Planned Development. On September 6, 2022, the Building Codes Committee voted 2-0 to forward this annexation to City Council for consideration. On September 19, 2022, the City Council approved this annexation on first reading. On October 17, 2022, the City Council held off taking any action on second reading while the applicant coordinated with SCDOT on planned and required traffic improvements. STAFF RECOMMENDATION There are legitimate concerns about the traffic conditions along Verdin Road. One of the lingering questions surrounding this project is whether the poor traffic conditions on Verdin Road will be detrimental to the safety of motorists and pedestrians and the overall success and desirability of this development project. The incorporation of multi-family dwelling units together with workspaces that could be used for neighborhood retail and offices has great potential and could become a very desirable destination. The layout for the project has been thoughtfully designed. The presence of neighborhood retail and office together with angled parking lining the principal drive off of Verdin Road provide a “Main Street” feel. The incorporation of the workspaces has the potential to really distinguish this development project. It’s nice that the parking along Tanner Road is placed behind buildings. (It would be even better if the parking along Verdin Road was also placed behind buildings.) The combination of apartments, townhomes, and workspaces represents a reasonable transition to all of the varied surrounding uses. Ultimately, the Planning Commission and the City Council will need to make a judgment on any factors that they deem pertinent. PLANNING COMMISSION RECOMMENDATION On August 23, 2022, the Planning Commission voted 6-0 to recommend approval of the Planning Development. Their recommendation was contingent upon the following revisions to the statement of intent, to which the applicant was agreeable. The applicant has agreed to each of these conditions and has since updated the statement of intent to reflect each of these conditions. 1. Any conversion of work spaces to apartment units would require approval of a formal change to the Planned Development in accordance with City of Mauldin procedures. 2. The buffering, landscaping, and fencing proposed adjacent to the Woodruff Crossing community will be updated in the statement of intent to reflect what was presented at the Planning Commission meeting. 3. Traffic improvements and traffic mitigation measures will be installed or implemented as required and approved by SCDOT. ATTACHMENTS Annexation Ordinances Neighborhood Meeting documents Planned Development documents  ORDINANCE -2022 AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY OWNED BY W. EARL JONES AND NANCY L. JONES, AND LOCATED AT 30 TANNER ROAD (TAX MAP PARCEL: 0547.03-01-043.01) BY ONE HUNDRED PERCENT PETITION METHOD; AND TO ESTABLISH A ZONING CLASSIFICATION OF PD, PLANNED DEVELOPMENT, FOR SAID PROPERTY WHEREAS, W. Earl Jones and Nancy L. Jones, are the sole owners of record title of a parcel of real property containing 0.9 acres, more or less, located at 30 Tanner Road, which property is contiguous to the City of Mauldin and is more particularly illustrated in Exhibit 1 attached hereto; and, WHEREAS, an Annexation Petition, attached hereto as Exhibit 2, has been filed with the City of Mauldin by W. Earl Jones and Nancy L. Jones, requesting that the aforementioned property be annexed into the City of Mauldin; and, WHEREAS, the property to be annexed is contiguous to the City of Mauldin, and is more particularly depicted in Exhibit 1 attached hereto; and, WHEREAS, W. Earl Jones and Nancy L. Jones, constitute one hundred (100%) percent of freeholders owning one hundred (100%) of the real property depicted in Exhibit 1 attached hereto; and, WHEREAS, the proposed zoning of PD, Planned Development, is compatible with the surrounding property uses in the area; and, WHEREAS, the Mayor and Council conclude that the annexation is in the best interest of the property owner and the City; NOW, THEREFORE, be it ordained by the Mayor and Council of the City of Mauldin that: 1. ANNEXATION: The real property owned by W. Earl Jones and Nancy L. Jones, and more particularly depicted in the map attached hereto marked as Exhibit 1, is hereby annexed into the corporate city limits of the City of Mauldin effective immediately upon second reading of this ordinance. 2. ANNEXATION OF A PORTION OF ADJACENT RIGHTS-OF-WAY: All of that portion of Tanner Road along the edge of and adjoined to the annexed property shown on the attached Exhibit to the centerline of the afore-mentioned right-of-way is also hereby annexed into the corporate limits of the City of Mauldin effective immediately upon second reading of this ordinance.  3. ZONING ASSIGNMENT: The above referenced property owned is hereby zoned PD, Planned Development, as detailed in Exhibit 3 attached hereto. ____________________________________ Terry Merritt, Mayor ATTEST: ________________________________________ Cindy Miller, Municipal Clerk First Reading: _________________________ Second Reading: ______________________ Approved as to Form: ________________________________________ City Attorney EXHIBIT 1 – ANNEXATION MAP EXHIBIT 2 – PETITION  ORDINANCE -2022 AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY OWNED BY W. EARL JONES, AND LOCATED AT 30 TANNER ROAD (TAX MAP PARCEL: 0547.03-01-043.02) BY ONE HUNDRED PERCENT PETITION METHOD; AND TO ESTABLISH A ZONING CLASSIFICATION OF PD, PLANNED DEVELOPMENT, FOR SAID PROPERTY WHEREAS, W. Earl Jones is the sole owner of record title of a parcel of real property containing 6.7 acres, more or less, located at 30 Tanner Road, which property is contiguous to the City of Mauldin and is more particularly illustrated in Exhibit 1 attached hereto; and, WHEREAS, an Annexation Petition, attached hereto as Exhibit 2, has been filed with the City of Mauldin by W. Earl Jones requesting that the aforementioned property be annexed into the City of Mauldin; and, WHEREAS, the property to be annexed is contiguous to the City of Mauldin, and is more particularly depicted in Exhibit 1 attached hereto; and, WHEREAS, W. Earl Jones constitutes one hundred (100%) percent of freeholders owning one hundred (100%) of the real property depicted in Exhibit 1 attached hereto; and, WHEREAS, the proposed zoning of PD, Planned Development, is compatible with the surrounding property uses in the area; and, WHEREAS, the Mayor and Council conclude that the annexation is in the best interest of the property owner and the City; NOW, THEREFORE, be it ordained by the Mayor and Council of the City of Mauldin that: 1. ANNEXATION: The real property owned by W. Earl Jones, and more particularly depicted in the map attached hereto marked as Exhibit 1, is hereby annexed into the corporate city limits of the City of Mauldin effective immediately upon second reading of this ordinance. 2. ANNEXATION OF A PORTION OF ADJACENT RIGHTS-OF-WAY: All of that portion of Tanner Road along the edge of and adjoined to the annexed property shown on the attached Exhibit to the centerline of the afore-mentioned right-of-way is also hereby annexed into the corporate limits of the City of Mauldin effective immediately upon second reading of this ordinance.  3. ZONING ASSIGNMENT: The above referenced property owned is hereby zoned PD, Planned Development, as detailed in Exhibit 3 attached hereto. ____________________________________ Terry Merritt, Mayor ATTEST: ________________________________________ Cindy Miller, Municipal Clerk First Reading: _________________________ Second Reading: ______________________ Approved as to Form: ________________________________________ City Attorney EXHIBIT 1 – ANNEXATION MAP EXHIBIT 2 – PETITION  ORDINANCE -2022 AN ORDINANCE TO PROVIDE FOR THE ANNEXATION OF PROPERTY OWNED BY C. LYNN FARMER AND ELAINE F. AYSCUE, AND LOCATED AT 50 TANNER ROAD (TAX MAP PARCEL: 0547.03-01-043.00) BY ONE HUNDRED PERCENT PETITION METHOD; AND TO ESTABLISH A ZONING CLASSIFICATION OF PD, PLANNED DEVELOPMENT, FOR SAID PROPERTY WHEREAS, C. Lynn Farmer and Elaine F. Ayscue, are the sole owners of record title of a parcel of real property containing 13 acres, more or less, located at 50 Tanner Road, which property is contiguous to the City of Mauldin and is more particularly illustrated in Exhibit 1 attached hereto; and, WHEREAS, an Annexation Petition, attached hereto as Exhibit 2, has been filed with the City of Mauldin by C. Lynn Farmer and Elaine F. Ayscue, requesting that the aforementioned property be annexed into the City of Mauldin; and, WHEREAS, the property to be annexed is contiguous to the City of Mauldin, and is more particularly depicted in Exhibit 1 attached hereto; and, WHEREAS, C. Lynn Farmer and Elaine F. Ayscue, constitute one hundred (100%) percent of freeholders owning one hundred (100%) of the real property depicted in Exhibit 1 attached hereto; and, WHEREAS, the proposed zoning of PD, Planned Development, is compatible with the surrounding property uses in the area; and, WHEREAS, the Mayor and Council conclude that the annexation is in the best interest of the property owner and the City; NOW, THEREFORE, be it ordained by the Mayor and Council of the City of Mauldin that: 1. ANNEXATION: The real property owned by C. Lynn Farmer and Elaine F. Ayscue, and more particularly depicted in the map attached hereto marked as Exhibit 1, is hereby annexed into the corporate city limits of the City of Mauldin effective immediately upon second reading of this ordinance.  2. ANNEXATION OF A PORTION OF ADJACENT RIGHTS-OF-WAY: All of that portion of Tanner Road and Verdin Road along the edge of and adjoined to the annexed property shown on the attached Exhibit to the centerline of the afore-mentioned right-of-way is also hereby annexed into the corporate limits of the City of Mauldin effective immediately upon second reading of this ordinance. 3. ZONING ASSIGNMENT: The above referenced property owned is hereby zoned PD, Planned Development, as detailed in Exhibit 3 attached hereto. ____________________________________ Terry Merritt, Mayor ATTEST: ________________________________________ Cindy Miller, Municipal Clerk First Reading: _________________________ Second Reading: ______________________ Approved as to Form: ________________________________________ City Attorney EXHIBIT 1 – ANNEXATION MAP EXHIBIT 2 – PETITION CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2022 AGENDA ITEM: 8a TO: City Council FROM: Business & Development Services Director, David C. Dyrhaug SUBJECT: Drive-thru Standards BACKGROUND Staff has been asked to review and consider updated drive-thru standards, including standards in the Central Redevelopment District. At its meeting on September 19, 2022, City Council members provided input on drive-thru standards, particularly in the Central Redevelopment District. CURRENT MAULDIN STANDARDS Presently, the City of Mauldin has general standards that require a minimum amount of distance for vehicles that queue or stack in drive-thru lanes depending on the type of business (e.g., bank, ATM, restaurant, car wash, etc.). There are no other restrictions on drive-thru facilities in the Central Redevelopment District or other areas of the City. DRAFT ORDINANCE Based on the input received at the September 19, 2022, City Council meeting, staff has drafted an ordinance that (1) defines drive-thru facilities, (2) prohibits new drive-thru facilities in the Central Redevelopment District, and (3) updates the general standards for drive-thru facilities in other parts of the City. Definition The definition for drive-thru facilities in the draft ordinance is: “The portion of an establishment where goods or services are provided to patrons who remain in motor vehicles. Such facilities are typically distinguished by parking spaces or driveways where patrons may remain inside vehicles while placing or receiving orders at service windows, intercom devices or other electronic devices. These facilities comprise all driveways, queuing lanes and spaces, drive-in parking spaces, ordering stations, menu boards, services windows, intercom devices, and other appurtenances involved with the provision of goods and services to patrons in motor vehicles.” Central Redevelopment District (CRD) The draft ordinance would prohibit new drive-thru facilities in the Central Redevelopment District. Existing drive-thru facilities in this district may remain but could not be expanded or enlarged. Additionally, existing drive-thru facilities would not be allowed vehicular access to new streets constructed within this district provided that the facility is still accessible via existing streets. General Standards The draft ordinance updates the general standards for drive-thru facilities as follows: 1. The number of queuing spaces required for restaurant drive-thru facilities has been updated to require 3 spaces at the first service window and 2 spaces at each subsequent service window, in addition to the 4 spaces required at the ordering station. 2. The number of queuing spaces required for automatic car washes has been reduced from 6 to 4 spaces at the car wash entrance. 3. The number of queuing spaces required for self-service car washes has been reduced from 3 to 2 spaces at each bay or stall. 4. Where pedestrian pathways or routes cross a drive-thru lane, the pedestrian pathway or route must be raised and made prominent, such as through material changes, to ensure pedestrian visibility and safety. 5. If a drive-thru facility is covered, the roof over the drive-thru area must have the same architectural design and materials as the principal structure on site. 6. No appurtenance to the drive-thru facility, including, but not limited to, queuing lanes, drive-in parking spaces, service windows, ordering stations, menu boards, or similar appurtenances, shall be located between the front of the principal structure and the adjacent street right-of-way. For the full text of the draft ordinance, please see the attachment. PUBLIC HEARING The Planning Commission held a public hearing on October 25, 2022. No public comments were offered at the public hearing. TIMELINE On September 6, 2022, the Building Codes Committee discussed drive-thru standards as they relate to the Central Redevelopment District in the City of Mauldin. On September 19, 2022, the City Council provided input on the topic of drive-thru standards. On October 3, 2022, the Building Codes Committee reviewed a draft ordinance and referred the ordinance to the Planning Commission for action. On October 25, 2022, the Planning Commission held a public hearing and voted 4-0 to recommend approval of the draft ordinance. On November 7, 2022, the Building Codes Committee forwarded this matter to the City Council with a recommendation of approval. STAFF RECOMMENDATION Staff recommends approval of the draft ordinance to amend the standards for drive-thru facilities in the City of Mauldin. PLANNING COMMISSION RECOMMENDATION On October 25, 2022, the Planning Commission voted 4-0 to recommend approval of the ordinance. ATTACHMENTS Draft ordinance  ORDINANCE # __________ AN AMENDMENT TO THE MAULDIN ZONING ORDINANCE ESTABLISHING DEFINITIONS, STANDARDS, AND PROHIBITIONS FOR DRIVE-THRU FACILITIES. WHEREAS, the Mauldin Comprehensive Plan establishes “City Center” areas that promote pedestrian-oriented development; and WHEREAS, the purpose and intent of the Central Redevelopment District is to encourage the redevelopment of the central area of the City in a manner that promotes pedestrian activity and safety; and WHEREAS, drive-thru facilities prioritize vehicular orientation over pedestrian orientation; and WHEREAS, this Ordinance is intended to minimize drive-thru facilities in areas where pedestrian orientation is integral to the character of the district; and WHEREAS, this Ordinance is intended to provide standards that will promote pedestrian safety in areas where drive-thru facilities may be appropriate; and WHEREAS, the City is engaged in ongoing efforts to update and refine the City’s master plan and zoning regulations; and WHEREAS, pursuant to properly published public notice, the Mauldin Planning Commission considered this matter at a public hearing on October 25, 2022. NOW THEREFORE BE IT ORDAINED by the Mayor and City Council of the City of Mauldin, South Carolina, in council assembled and by the authority thereof that the Mauldin Municipal Code be amended as follows: Section 1 Amendment. Amend Section 3:3, Definitions, of Article 3, as follows (language that is struck through is language proposed to be deleted, underlined language is language proposed to be added, language is not struck through or underlined is not to be changed, and *** represents sections of the Zoning Ordinance that have been skipped and remain unchanged): ARTICLE 3. – ZONING DISTRICTS, GENERAL STANDARDS, DEFINITIONS *** Sec. 3:3 – Definitions ***  Drive-thru facility. The portion of an establishment where goods or services are provided to patrons who remain in motor vehicles. Such facilities are typically distinguished by parking spaces or driveways where patrons may remain inside vehicles while placing or receiving orders at service windows, intercom devices or other electronic devices. These facilities comprise all driveways, queuing lanes and spaces, drive-in parking spaces, ordering stations, menu boards, service windows, intercom devices, and other appurtenances involved with the provision of goods and services to patrons in motor vehicles. *** Section 2 Amendment. Amend Section 5:6, CRD, Central Redevelopment District, of Article 5, as follows (language that is struck through is language proposed to be deleted, underlined language is language proposed to be added, language is not struck through or underlined is not to be changed, and *** represents sections of the Zoning Ordinance that have been skipped and remain unchanged): ARTICLE 5. – ZONING DISTRICT REGULATIONS *** Sec. 5:6 – CRD, Central Redevelopment District. *** 5:6.16 Drive-thru Facilities. Drive-thru facilities shall be strictly prohibited within this district. Existing drive-thru facilities may remain but shall not be expanded or enlarged. Additionally, existing drive- thru facilities shall not be allowed vehicular access to new streets constructed within this district where the facility will still be accessible via existing streets. *** 5:6:1617 Architectural Design. *** Section 3 Amendment. Amend Section 6:1.1.5, Vehicle Queuing and Stacking Spaces, of Article 6, as follows (language that is struck through is language proposed to be deleted, underlined language is language proposed to be added, language is not struck through or underlined is not to be changed, and *** represents sections of the Zoning Ordinance that have been skipped and remain unchanged): ARTICLE 6. – DEVELOPMENT AND DESIGN STANDARDS *** Sec. 6:1 – Off-Street Parking Requirements. *** 6:1.1.5 Vehicle Queuing and Stacking Spaces The vehicle queuing and stacking standards of this section shall apply unless otherwise expressly approved by the Director. A. Minimum number of spaces. Off-street queuing spaces shall be provided as follows: Table 6:1.1.5(A): Vehicle Queuing Areas for Drive-thru Facilities Activity Type Minimum Queuing Measured From Spaces Bank teller lane, Pharmacy drive- 4 Teller or window thru Pharmacy drive-thru 4 Window Automated teller machine (ATM) 3 Teller machine Restaurant drive-through 4 Order box Restaurant drive-thru 4 spaces to each ordering station; and 3 spaces to the first service window; and 2 spaces between each service window Car wash stall, automatic 64 Entrance Car wash stall, self-service 32 Entrance Bay or stall Gasoline service stations 4 To pump Other uses As determined by Director as needed  B. Design and layout. Required queuing spaces are subject to the following design and layout standards: 1. Size. Queuing spaces shall be a minimum of eight (8) feet by twenty (20) feet in size. 2. Location Traffic circulation. Queuing spaces may not impede on-site or off- site traffic movements or movements into or out of off-street parking spaces. 3. Driveway design. Queuing spaces shall be separated from other internal driveways by raised medians if deemed necessary by the Director for traffic movement and safety. 4. Pedestrian design. Where pedestrian pathways or routes cross a drive-thru lane, the pedestrian pathway or route shall be raised and made prominent, such as through material changes, to ensure pedestrian visibility and safety. 5. Architectural design. If covered, the roof over a drive-thru area shall have the same architectural design and materials as the principal structure on site. 6. On-site location. No appurtenance to the drive-thru facility, including, but not limited to, queuing lanes, drive-in parking spaces, service windows, ordering stations, menu boards, or similar appurtenances, shall be located between the front of the principal structure and the adjacent street right-of-way. Section 4. This ordinance shall become effective upon and after its final passage. Passed on First Reading: _______________________________ Passed on Second Reading ______________________________ CITY OF MAULDIN, SOUTH CAROLINA BY: ________________________________ Terry Merritt, Mayor ATTEST: ___________________________________ Cindy Miller, Municipal Clerk APPROVED AS TO FORM: ___________________________________ Daniel Hughes, City Attorney CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2022 AGENDA ITEM: 8b TO: City Council FROM: Business & Development Services Director, David C. Dyrhaug SUBJECT: Vacancy on Zoning Board of Appeals CURRENT OPENINGS The City Council recently appointed 3 citizens to the Zoning Board of Appeals. There is still currently 1 open seats on the Zoning Board of Appeals. This open seat is Seat #6. The current term for Seat #6 will expire at the end of June 2023. The City Clerk, Ms. Cindy Miller, recently has received an application from Mr. Philip Cochrane. COMMITTEE RECOMMENDATION The Building Codes Committee recently interviewed Mr. Cochrane. The Committee has voted to recommend that the City Council appoint Mr. Cochrane to seat #6 on the Board of Appeals. CITY APPOINTMENT PROCEDURES The next step in the City of Mauldin’s policy is for the City Council to consider taking action on the recommendation of the Building Codes Committee. ATTACHMENTS Application CITY COUNCIL AGENDA ITEM MEETING DATE: 11/21/2022 AGENDA ITEM: 8c TO: City Council FROM: Chief George Miller SUBJECT: Amended Mutual Aid with the Drug Enforcement Unit REQUEST: To approve an Amended mutual aid with the DEU HISTORY/BACKGROUND: All agencies in Greenville participate in the DEU and a mutual aid agreement was signed. The Solicitor’s Office started the unit and oversees it. They are responsible for hiring the commander, with the approval of the Chiefs and the Sheriff (Governing Board.) They are also responsible for paying the salary for the commander of the DEU. ANALYSIS or STAFF FINDINGS: After consideration from the Solicitor, the Sheriff and the Chiefs, the governing board has voted and allowed for the Greenville County Sheriff’s Office to provide a commander as well as pay for his salary. The DEU will still fall under the Solicitor’s Office. The commander, even though he works for the Sherriff’s Office, will fall under the Governmental Board when it pertains to DEU Business. The person chosen was Captain Johnny Westmoreland. FISCAL IMPACT: There will be no fiscal impact to the City. RECOMMENDATION: Staff recommends we accept the amended mutual aid from the DEU to allow the Sheriff to provide the commander and pay his salary. ATTACHMENTS: Amended mutual aid. CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2022 AGENDA ITEM: 8d TO: City Council FROM: Fire Chief Brian McHone SUBJECT: Duke Energy Easement REQUEST Consideration and action on granting a utility easement to Duke Energy. HISTORY/BACKGROUND A utility easement is needed from the City for the new fire department headquarters. The Easement will authorize Duke Energy to access, install, maintain and inspect the proposed electrical facilities on the property. Permanent power will be established after the signed easement is received. FINANCIAL IMPACT None RECOMMENDATION Recommendation to grant the utility easement to Duke Energy. CITY COUNCIL AGENDA ITEM SUMMARY MEETING DATE: November 21, 2022 AGENDA ITEM: 8e TO: City Council FROM: Police Chief George Miller SUBJECT: Acceptance of Grant REQUEST Acceptance of in-car camera grant. HISTORY / BACKGROUND Sgt. Sam Harrell had applied for a grant to purchase in-car cameras. The department was notified 11/4/2022 that we were awarded the grant. The grant was awarded through the SC Department of Public Safety in the amount of $86,542.64. ANALYSIS or STAFF FINDINGS With the acceptance of the grant, we will be able to purchase at least 16 cameras. This will help the police department to replace old units with new ones and give us a reserve for next year. FISCAL IMPACT None. RECOMMENDATION Staff recommends acceptance of the grant. This grant was not budgeted, so a budget amendment will be needed. ATTACHMENTS SCDPS grant CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2022 AGENDA ITEM: 8f TO: City Council FROM: Public Works Director, Matthew Fleahman SUBJECT: On-Call Sanitary Sewer Engineer Contract REQUEST Consideration and action on Assignment of Contract with CHA for the continued On-Call Sanitary Sewer Engineering services for the City. HISTORY/BACKGROUND The City has had Frazier Engineering under contract as the City’s On-Call Sanitary Sewer Engineer for over 15 years. CHA Consulting acquired Frazier Engineering on September 23, 2022. CHA Consulting would like to have the active contract with the City assigned to its organization. ANALYSIS or STAFF FINDINGS CHA Consulting has absorbed Frazier Engineering and has kept the Frazier team intact. No changes to the contracts are being requested and all engineering service rates remain the same. FINCANCIAL IMPACT Assigning the Frazier Engineering Contracts to CHA Consulting will not create any additional fiscal impact on the City. RECOMMENDATION The Public Works Department recommends that the Frazier Engineering contracts be assigned to CHA Consulting. October 11, 2022 Via E-mail Only Matthew D. Fleahman, Director of Public Works City of Mauldin 5 East Butler Road Mauldin, SC 29662 MFleahman@mauldincitysc.com Dear Mr. Fleahman: Effective September 23, 2022, the assets of Frazier Engineering, P.A. (“Frazier”) were acquired by CHA Consulting, Inc. (“CHA”), an innovative, full-service engineering design, consulting and construction management firm delivering sustainable, integrated solutions to the world’s most challenging infrastructure projects. With decades of experience, CHA brings inspired talent, forward-leaning technology, and essential partnerships to meet our clients’ evolving needs. The addition of Frazier’s expertise to the existing CHA team of professionals further advances our efforts to continue building a national firm focused on addressing the critical infrastructure challenges our clients face across the nation. We look forward to working with you as your trusted advisors and partners committed to responsibly improving the world we live in. Due to professional regulations, Frazier has been integrated into CHA effective as of the closing date, and all of Frazier’s active contracts will need to be assigned to CHA. Rest assured that the professionals working on your project(s) will remain the same; however, they now bring a significantly expanded team of talent and services to support your most challenging projects. Please accept this letter as a formal request to assign any active contracts to CHA. If you consent to the assignment, please return an executed PDF to Nikki Dames, Assistant General Counsel, at ndames@chacompanies.com. She can also address any transaction-related questions you may have. If you have any questions regarding the services CHA offers, please contact Aaron Frazier by telephone at (704) 202-0570 or by e-mail at afrazier@chacompanies.com. We look forward to continuing our relationship. Sincerely, FRAZIER ENGINEERING, P.A. CHA CONSULTING, INC. Aaron Frazier John Hensley, Jr. President Infrastructure Sector President Executive Vice President  CONSENT TO ASSIGNMENT OF CONTRACTS City of Mauldin hereby consents to the assignment of the following agreement from Frazier Engineering, P.A. to CHA Consulting, Inc., effective September 23, 2022: Agreement Name Date Agreement Between Owner and Engineer for Professional Services, as March 17, 2015 and amended amended on February 1, 2021, December 1, 2021 and December 1, 2021 City of Mauldin By: (Signature) Name: Title: Date: CITY COUNCIL AGENDA ITEM MEETING DATE: November 21, 2022 AGENDA ITEM: 8g TO: City Council FROM: Public Works Director, Matthew Fleahman SUBJECT: Municipal State Highway Project Agreement REQUEST Public Works requests that Council approve and authorize the Municipal State Highway Project Agreement for the Butler Road P030553 repaving project. HISTORY/BACKGROUND The City has been working with the general public and the SCDOT to finalize designs for the corrido improvements along Butler Road from Bridges Road to US-276. The finalized designs are attached. The improvements include intersection improvements, culvert replacements, enhanced drainage, two new bridges, and upgraded multiuse path facilities. ANALYSIS or STAFF FINDINGS The attached Municipal State Highway Project Agreement will authorize the SCDOT to construct the corridor improvements in accordance with the finalized designs. FINANCIAL IMPACT The relocation of the City’s sewer lines along Butler road will be the only financial impact to the City. The SCDOT allocated 4% of the project cost for utility location, which amounts to approximately 800,000 dollars. The estimated cost of sewer relocation is expected to exceed 1.5 million dollars. RECOMMENDATION The Public Works Department recommends that the Council approve and authorize the Municipal State Highway Project Agreement for the Butler Road P030553 repaving project.  November 2, 2022 Mr. Terry Merritt, Mayor of Mauldin City of Mauldin P.O. Box 249 Mauldin, South Carolina 29662 RE: Municipal State Highway Project Agreement for S-107 Butler Road Project Project ID: P030553, City of Mauldin, Greenville County Dear Mayor Merritt: The South Carolina Department of Transportation (SCDOT) is developing the S-107 Butler Road corridor improvements project in cooperation with the Greenville Pickens Area Transportation Study (GPATS). The project is located within the municipal limits of the City of Mauldin so we are initiating the processing of a Municipal State Highway Project Agreement. The project is located about one mile south of the I-385 interchange at Butler Road in Greenville County and the project scope consists of corridor improvements to East Butler Road (S-107) in the City of Mauldin for approximately 1.7 miles from US 276 (N. Main Street) to the Mauldin Senior Center entrance on East Butler Road. These improvements include intersection improvements, culvert replacements with two new bridges, enhanced drainage, and upgraded multiuse path facilities. The right of way acquisition process is scheduled to begin in the spring of 2023, and the project is anticipated to receive bids for construction in December of 2024. Enclosed are two original agreements along with one copy of the right of way plan sheets. Please review the agreement and, if acceptable, complete it (by having it dated and signed) and return one original to me at the following address: Attention: Casey Lucas, PE, Room 216 SCDOT PO Box 191 Columbia, SC 29201. Thank you for your assistance with the agreement. Please let me know if you have any questions. Sincerely, Casey Lucas, PE Project Manager Upstate Regional Production Group LucasCB@scdot.org ENCLOSURES EC: Mrs. Rebecca Vance, Interim City of Mauldin Administrator  MUNICIPAL STATE HIGHWAY PROJECT AGREEMENT STATE OF SOUTH CAROLINA ) ) RESOLUTION COUNTY OF ) Road/Route: S-107 Butler Road Project ID: P030553 Project: Butler Road Corridor Improvements WHEREAS, the South Carolina Department of Transportation (SCDOT) proposes to construct, reconstruct, alter, or improve the certain segments of the highway(s) in the State Highway System referenced above which are located within the corporate limits of the City of Mauldin (hereinafter, “the City”). WHEREAS, the City wishes to authorize the construction and improvements of the aforesaid highway(s) in accordance with plans to be prepared by or for SCDOT (“the Project Plans”). NOW THEREFORE, BE IT RESOLVED that, pursuant to S.C. Code Ann. §57-5-820 (2018, as amended), the City does hereby consent to the construction or improvements of the aforesaid highway(s) within its corporate limits in accordance with the Project Plans, and further, the City, having reviewed the plans for said construction, does hereby approve said plans as provided for in S.C. Code §57-5-830. BE IT FURTHER RESOLVED, that the foregoing consent and approval shall be the sole approval necessary from the City for SCDOT to complete the project under the Project Plans and constitutes a waiver of any and all other requirements with regard to construction within the City’s limits. The foregoing waiver and consent shall also extend to the benefit of utility companies engaged in relocating utility lines on account of the project. Further, the City shall exempt all existing and new right-of-way and all other properties purchased in connection with right-of-way for the highway(s) from any general or special assessment against real property for municipal services. BE IT FURTHER RESOLVED, that the City will assist in causing all water, sewer and gas pipes, manholes, or fire hydrants, and all power or telephone lines or poles located within the existing right-of-way to be relocated at the utility company’s expense, except where the utility can demonstrate a prior right of occupancy. To the extent that City-owned utilities are to be relocated, those utility lines and/or appurtenances may be replaced upon the new highway right-of-way at such locations as may be approved by SCDOT. SCDOT shall bear no liability for damages to property or injuries to persons as a consequence of the placing, maintenance, or removal of any utilities by the City or its contractors. Future utility installations by the City within the limits of the new right-of-way after project completion shall be pursuant to a standard utility encroachment permit obtained in the normal course and issued pursuant to SCDOT’s “A Policy for Accommodating Utilities on Highway Rights-of-Way.” BE IT FURTHER RESOLVED, that the City hereby signifies its intention to faithfully observe the provisions of Chapter 5, Title 56, Code of Laws of South Carolina, 1976, and all amendments thereto relating to the regulation of traffic on the street, or streets, to be constructed, reconstructed, altered or improved as hereinabove identified and further agrees to refrain from placing or maintaining any traffic control devices upon any section of said street, or streets, without having first obtained written approval of the South Carolina Department of Transportation as required in S.C. Code §56-5- 930 (1976, as amended), nor enacting any traffic regulation ordinances inconsistent therewith. IN WITNESS WHEREOF, this Resolution is adopted and made a part of the Municipal records this _____ day of _______________________, 20____, and the original of this Resolution will be filed with the South Carolina Department of Transportation at Columbia. Dated: _________________________ Municipality ATTEST: By: City Manager Clerk CITY COUNCIL AGENDA ITEM MEETING DATE: 11/21/2022 AGENDA ITEM: 8h TO: City Council FROM: Mark Putnam SUBJECT: Medical Benefits Renewal REQUEST: Committee to review, debate and move to Council for vote. HISTORY/BACKGROUND: The City of Mauldin’s Medical Benefits are renewed every year in the month of December. ANALYSIS or STAFF FINDINGS: Staff in conjuncture with ECM (City’s insurance broker) competitively bid out the City’s Health, Dental and Vision coverage to obtain the most affordable and sufficient coverage for City Employees. RECOMMENDATION: HR Staff recommends that Council approve renewal with Anchor Benefits, Proactive MD and Ameritas (Dental/Vision). ATTACHMENTS: Self-funded analysis