town of fort mill planning commission...

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TOWN OF FORT MILL PLANNING COMMISSION MEETING

July 18, 2017 112 Confederate Street

6:30 PM

AGENDA REVISED

CALL TO ORDER APPROVAL OF MINUTES

1. Regular Meeting: April June 20, 2017 [Pages 3–5] NEW BUSINESS ITEMS

1. Final Plat: Nims Village Fire Station Site [Pages 6–9]

Request from Carolina Surveyors, Inc., submitted on behalf of IOTA Doby Bridge, LLC and the Town of Fort Mill, to subdivide a 1.260 acre portion from tax map number 020-12-01-192 to convey the property to the Town of Fort Mill for future fire station #2, as required by the Nims Village Development Agreement

2. Preliminary Plat Amendment: Kimbrell Crossing [Pages 10–15] Request from Yarborough Williams & Houle, submitted on behalf of Kimbrell Fort Mill, LP, to review and approve a revised preliminary plat for Kimbrell Crossing for the purpose of removing the requirement for an 8’ walking trail and to revise various sanitary sewer easements

3. Commercial Appearance Review: Kingsley Park #7 [Pages 16–25]

Request from Kingsley #7, LLC to grant commercial appearance review approval for a proposed office building located at 360 Kingsley Park Drive

4. Master Road Name List: Arden Mill (Formerly Fort Mill Reserve) [Pages 26–32]

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Request from LandDesign, on behalf of Classica Homes, to approve a master road name list for the Arden Mill subdivision (formerly known as Fort Mill Reserve)

5. Road Name Approval: CHS Medical Office Site [Pages 33–38]

Request from Carolinas Healthcare System to approve the road name for the private road within the proposed medical office building located at the corner of Fort Mill Parkway and Tom Hall Street

ITEMS FOR INFORMATION / DISCUSSION

1. Unified Development Ordinance (UDO) Update

2. Employee Recognition

ADJOURN

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MINUTES TOWN OF FORT MILL

PLANNING COMMISSION MEETING June 20, 2017

112 Confederate Street 6:30 PM

Present: James Traynor, Hynek Lettang, Ben Hudgins, Chris Wolfe, Tom Petty, Jay McMullen,

Planning Director Joe Cronin, Assistant Planner Diane Dil Absent: Tom Adams

Guests: William Epps (American Legion) Chairman Traynor called the meeting to order at 6:30 pm. Mr. McMullen made a motion to approve the minutes from the May 18, 2017 meeting. Mr. Hudgins seconded the motion. The minutes were approved by a vote of 6-0. NEW BUSINESS ITEMS

1. Rezoning Request: 427 Banks Street: Planning Director Cronin provided a brief overview of the request, the purpose of which was to review and provide a recommendation on a proposed rezoning of 0.55 +/- acres at 427 Banks Street from R-15 Residential to LC Local Commercial. The American Legion Eli Bailes Post #43, which owns the property, was seeking to add a covered porch to the existing building. Staff determined that the existing building was a non-conforming use and could not be expanded within the R-15 district. Planning Director Cronin noted two items for consideration: 1) The future land use map, as contained in the comprehensive plan, identified this area as “medium density residential”; and 2) Article VIII, Section 3.1, of the zoning ordinance requires rezoning requests to encompass areas of at least two acres, unless the request is an extension of an existing neighboring district. Based on these reasons, staff recommended in favor of denial.

William Epps of the American Legion Eli Bailes Post #43 provided additional information on behalf of the applicant.

Chairman Traynor expressed that although he was sympathetic to the Legion’s request, it was important to abide by the comprehensive plan and the zoning ordinance. Mr. Lettang stated that he had concerns about rezoning the property to LC, not so much because of the Legion, but the other types of uses that would then be allowed in this location if the Legion ever sold the property. He also noted that the property was surrounded by residential uses, including a new neighborhood which will be developed on the old high school site.

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Mr. Wolfe asked if there were other ways for the Legion to add a covered porch without necessarily changing the zoning designation to LC. Planning Director Cronin responded that there were a few alternatives which could be considered:

a. Amend the R-15 district to allow private clubs, lodges and union halls as permitted or conditional uses. However, this would allow such facilities on any property in the town which is zoned R-15 (including residential neighborhoods). In addition, the Legion would not be able to meet the 35’ front yard setback, as required in the R-15 district, unless they elected to relocate the proposed covered porch to an area that meets the setback requirements.

b. Amend Article VIII, Section 3.1, of the zoning ordinance to allow for rezoning of properties of less than two acres, and then rezone the property from R-15 to LC. This would expose the town to a legal challenge against “spot zoning,” which is prohibited in South Carolina unless the zoning is consistent with the recommendations of the comprehensive plan. (See Knowles v. City of Aiken, 1991) As mentioned above, the comprehensive plan would also need to be amended, since the proposed rezoning to LC would be inconsistent with the current comprehensive plan.

c. Proactively rezone additional parcels, such as the neighboring parking lot on Academy Street (0.47 +/- acres owned by Clear Springs Land Co. LLC) and the neighboring apartments at 419 and 421 Banks Street (1.68 +/- acres owned by Garry Catoe) from R-15 to LC. While this would eliminate the “spot zoning” issue by rezoning a total of 2.7 +/- acres, the comprehensive plan’s future land use map, which identifies the area as “medium density residential,” would first need to be amended. This would also require rezoning of property which has not been requested by the adjacent property owners. This would also allow for expansion of commercial and multi-family uses (both of which are permitted in LC) in an area which is primarily single-family residential in character.

d. Amend the zoning ordinance to allow non-conforming uses to be expanded. While this would allow the Legion to construct the covered porch, it would potentially have far reaching implications by allowing any non-conforming use to expand, and would undermine the intent of the zoning ordinance.

Mr. Wolfe made a motion to recommend denial of the rezoning request from R-15 to LC, but as part of the recommendation, to encourage town council to find an alternate way to accomplish what the Legion is attempting to do without rezoning the property. Mr. Petty seconded the motion. The motion was approved by a vote of 6-0.

2. Street Naming Request: ASC Greenway: Assistant Planner Dil provided a brief overview of the request, the purpose of which was to review and approve a proposed street name for a private road on the Anne Springs Close Greenway, which provides access to and from U.S. Highway 21 Bypass. Assistant Planner Dil stated that the requested street name – “Lake Haiglar Drive” – had been reviewed and approved by the York County E-911/Addressing Office. Staff recommended in favor of approval.

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Mr. McMullen made a motion to approve the street naming request, with a second by Mr. Lettang. The motion was approved by a vote of 6-0. Chairman Traynor noted for the record that while he was employed by an affiliated entity, neither he, his employer, nor the greenway would derive any financial benefit from the street naming request.

ITEMS FOR INFORMATION / DISCUSSION

1. Unified Development Ordinance (UDO) Update: Planning Director Cronin provided an update on the Unified Development Ordinance. Planning Director Cronin stated that town staff had prepared a list of 193 amendments for town council’s consideration. These amendments were presented to council during their June 19th meeting. Council members were asked to submit their comments on the proposed amendments to the town manager by July 10th. Since any revisions to the UDO would require subsequent review and recommendation by the Planning Commission, Planning Director Cronin stated that he would email the proposed amendment list to commission members following the meeting.

There being no further business, the meeting was adjourned at 7:32 pm. Respectfully submitted, Joe Cronin Planning Director July 11, 2017

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Meeting Information

Meeting Type Planning Commission

Meeting Date July 18, 2017

Request Summary

Request Type Action (Old Bus.) X Action (New Bus.) Info/Discussion

Public Hearing Executive Session Other

Case Summary

Case Type Annexation Rezoning Text Amendment

X Subdivision Plat Appearance Review Other

Property Information

Applicant Carolina Surveyors, Inc. for Pace Development Group and Town of Fort Mill

Property Owner IOTA Doby Bridge, LLC

Property Location Future Nims Village Development on Fort Mill Parkway

Tax Map Number 020-12-01-192

Acreage 1.260 +/- acres

Current Zoning R-15 (COD-N)

Existing Use Vacant

Title

Request from Carolina Surveyors, Inc., submitted on behalf of IOTA Doby Bridge, LLC and the Town of Fort Mill, to subdivide a 1.260 acre portion from tax map number 020-12-01-192 to convey the property to the Town of Fort Mill for future fire station #2, as required by the Nims Village Development Agreement

Background Information Site Characteristics The property is a part of the approved Nims Village subdivision which will

eventually include 65 single-family lots on 43.39 +/- acres on the northern side of Fort Mill Parkway, near White’s Road. The subdivided lot will be donated to the Town for the future fire station #2.

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Zoning Summary The property is currently zoned R-15 but also has a development agreement that supersedes specific sections of the zoning ordinance. The project is also located within the COD-N Overlay district. The development and dimensional requirements are as follows:

• Front Setback: 35 feet

• Side Setback: 10 feet

• Rear Setback: 35 feet

• Max. Height: 35 feet

• Buffer: 35 feet where adjacent to residential use Discussion Based on the R-15 (COD-N) zoning district regulations and the approved

Development Agreement the proposed parcel will be in conformity with the minimum requirements. Therefore, staff recommends in favor of approval as submitted

Alternatives

1. Approve the subdivision plat.

2. Do not approve the subdivision plat.

Staff Recommendation

Recommendation Staff recommends in favor of APPROVAL of the subdivision plat.

Name & Title Diane Dil, Assistant Planner

Department Planning Department

Date of Request July 10, 2017

Legislative History

Planning Commission 7/18/2017 - Scheduled

Effective Date Upon approval

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Attachments

• Subdivision Plat

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Meeting Information



Request Summary



Case Summary


X Subdivision Plat Appearance Review Other


Applicant Yarborough Williams & Houle

Property Owner Kimbrell Fort Mill, LP

Property Location Kimbrell Crossing Subdivision off of Kimbrell Road

Tax Map Number All parcels located within the existing Kimbrell Crossing Subdivision


Current Zoning R-10

Existing Use Single Family Residential and Vacant

Title

Request from Yarborough Williams & Houle, submitted on behalf of Kimbrell Fort Mill, LP, to review and approve a revised preliminary plat for Kimbrell Crossing for the purpose of removing the requirement for an 8’ walking trail and to revise various sanitary sewer easements

Background Information Site Characteristics The existing Kimbrell Crossing subdivision includes 79 single-family lots on

43.506 +/- acres located on the eastern side of Kimbrell Road. Of the total number of platted lots 52 contain existing single family homes with the rest being vacant and undisturbed. The subdivision also includes six acres of common open space.

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Zoning Summary The property is currently zoned R-10 with the following development and dimensional requirements:

• Permitted Uses: up to 79 single family detached lots.

• Front Setback: 35 feet

• Side Setback: 10 feet

• Rear Setback: 35 feet

• Common Open Space: 6.123 acres Project History The planning commission approved a sketch plan for 93 lots in March 2003

and a preliminary plat in April 2003. In February 2005, a preliminary plat was amended which reduced the total lot count to 83. A condition of the plat approval included the requirement to install sidewalks on all the roads within the subdivision. In April 2005 the developer requested to remove the condition to install sidewalks on the cul-de-sac streets. To justify this request the developer stated the intent was to provide walking trails that would wind through the wooded areas within the subdivision, therefore eliminating the need for the sidewalks. Additionally, they proposed to construct a sidewalk along Kimbrell Road to the intersection of Highway 160. These requests were approved by the planning commission and the final plat with a total of 79 lots which included the 8’ walking trail was approved and recorded in April 2006. The plat was slightly amended, approved and record in August 2006 to adjust infrastructure easement lines. Over the years the development of this neighborhood has experienced numerous stops and starts with various builders purchasing and completing homes. Sidewalks have been constructed along Kimbrell Crossing Drive where homes have been constructed. At this time, the land developer is working with another home builder in hopes to finish out the neighborhood.

Discussion If the Planning Commission decides to remove the requirement to install

the 8’ walking trail from the development, staff recommends requiring the developer to install the sidewalks along all streets within the subdivision, as was originally approved in 2005.

Alternatives

1. Approve the revised preliminary plat as submitted.

2. Approve the revised preliminary plat with modifications.

2. Do not approve the revised preliminary plat.

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Recommendation

If the Planning Commission finds it acceptable to remove the requirement to construct the walking trails within the development, staff recommends the developer be required to install sidewalks throughout the subdivision. If granted approval, staff requests that the motion includes granting the authority to staff to administratively review and approve a revised final plat as long as the final plat is consistent with the approved preliminary plat.




Legislative History

Planning Commission Scheduled – 07/18/2017


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Attachments

• Final Plat – Approved August 2006

• Preliminary Plat – Revised July 2017

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Approved Preliminary Plat (August 2006)

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Revised Preliminary Plat (July 2017)

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Meeting Information



Request Summary



Case Summary


Subdivision Plat X Appearance Review Other


Applicant Kingsley #7, LLC

Property Owner Kingsley #7, LLC % Childress Klein Properties

Property Location 360 Kingsley Park Drive

Tax Map Numbers 020-09-01-041


Current Zoning HC Highway Commercial

Existing Use Vacant / Parking

Title

Request from Kingsley #7, LLC to grant commercial appearance review approval for a proposed office building located at 360 Kingsley Park Drive

Background Information

Site Characteristics The subject property is a part of the Kingsley Office Park adjacent to I-77.

The property will be accessed from Kingsley Park Drive by an existing shared use driveway with Kingsley #6 and proposed secondary driveway.

Neighboring Uses Direction Zoning Existing Use

North HC Kingsley Office Park

South HC Stallings Pond (Open Space)

East HC Kingsley Office Park (Kingsley #6)

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West HC Open Space / I-77

Zoning Summary The site is currently zoned HC Highway Commercial and is properly zoned

for an office building and associated parking.

Minimum lot area: 10,000 square feet Minimum lot width: 75’ at building line Minimum front yard setback: 35’ Minimum side yard setback: 10’ Minimum rear yard setback: 35’ Maximum Building Height: No maximum height requirement (within

1,500’ of Interstate 77 right-of-way)

Applicant Proposal The applicant is proposing a three-story, 60,000 square foot building, which is to be identical to Kingsley #5 located at 481 Munn Road.

The applicant has provided a site plan and landscape plan showing the proposed improvements. Photos of nearby buildings, including Kingsley #5 (identical elevations), are attached for reference. Large copies of the plans will be available during the meeting.


The site plan is pending review and approval by the town’s Fire Marshal, the town’s Utilities Department for stormwater/land disturbance permits, and the town’s Planning Department. Should the Planning Commission wish to grant commercial appearance review approval, staff would request including language in the approval motion to allow for minor modifications to be made to the site plan to accommodate comments or concerns made by town staff.

The site plan and landscape plan meet or exceed all zoning requirements. The proposed building elevations meet the requirements of the zoning ordinance and feature high quality building materials.

Staff recommends in favor of approval, with a condition allowing staff to approve minor modifications to the site plan, landscape plan, and/or building elevations to satisfy the comments or concerns made by town staff.

Alternatives

1. Grant commercial appearance review approval with conditions.

2. Grant commercial appearance review approval.

3. Deny commercial appearance review approval.

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Recommendation

Staff recommends in favor of APPROVAL for the request, conditioned upon allowing staff to administratively approve minor modifications to the site plan, landscape plan, and/or building elevations to satisfy the comments or concerns made by town staff.

Name & Title Chris Pettit, Assistant Planner



Legislative History

Planning Commission 07/18/2017: Scheduled for PC review

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Attachments

• Aerial Map

• Zoning Map

• Photos of Nearby Commercial Buildings

• Photos of Kingsley #5 (Identical to Request)

• Proposed Plans and Building Elevations

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Aerial Map

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Zoning Map

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Photos of Nearby Commercial Buildings

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Photos of Kingsley #5 (Identical to Request)

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Meeting Information



Request Summary



Case Summary


Subdivision Plat Appearance Review X Other


Applicant LandDesign for Classica Homes

Property Owner Fort Mill Reserve, LLC

Property Location Fort Mill Parkway

Tax Map Number 020-13-01-071; 020-13-01-072; 020-13-01-073


Current Zoning MXU

Existing Use Vacant / Wooded

Title

Request from LandDesign, on behalf of Classica Homes, to approve a master road name list for the Arden Mill subdivision (formerly known as Fort Mill Reserve)

Background Information Site Characteristics The property is located on Fort Mill Parkway, adjacent to Banks Trail Middle

School (west) and located across from Fort Mill Parkway from properties owned by Fort Mill School District. The property abuts Nims Lake and is surrounding residential properties to the east and vacant/wooded property to the north. The property contains approximately 2,600 linear feet of road frontage on Fort Mill Parkway.

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Background The Planning Commission is asked to consider a request from Classica Homes to approve the road names for Arden Mill subdivision. Although the MXU ordinance does not require full Planning Commission approval of the preliminary or final plats (as long as the proposed plan is consistent with the MXU and zoning ordinance, as well as the project’s development conditions), Section 6-29-1200(A) of the South Carolina Code of Laws requires the following:

A local planning commission created under the provisions of this chapter shall, by proper certificate, approve and authorize the name of a street or road laid within the territory over which the commission has jurisdiction. It is unlawful for a person in laying out a new street or road to name the street or road on plat, by a naming or in a deed or instrument without first getting the approval of the Planning Commission. Any person violating this provision is guilty of a misdemeanor and, upon conviction, must be punished in the discretion of a court.

As a result, Planning Commission approval is required to authorize new road names within the subdivision. A preliminary plat is currently under review and the developer has provided the following list of proposed names for your approval. All names have been approved and are being reserved by York County Addressing. Street Names Arden Mill Drive Ambler Lane Belden Drive Hayden Crescent Holden Court Keller Circle Pritchard Place Thatcher Way Weston Way

Recommendation Staff recommends in favor of the request to approve the list of street

names for the Arden Mill subdivision.

Alternatives

1. Approve the road name as submitted.

2. Do not approve the road name.


Recommendation Staff recommends in favor of APPROVAL of the new road names.

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Date of Request 7/12/2017

Legislative History

Planning Commission 07/18/2017: Scheduled for PC review


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Attachments

• Confirmation email from York County E-911/Addressing

• Preliminary Plat

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Arden Mill Preliminary Plat

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Meeting Information



Request Summary



Case Summary


Subdivision Plat Appearance Review X Other


Applicant Carolinas HeathCare System

Property Owner Charlotte-Mecklenburg Hospital Authority

Property Location Corner of Fort Mill Parkway and Tom Hall Street

Tax Map Number 020-08-01-017; 020-08-01-018; 020-08-01-019; 020-08-01-020; 020-08-01-004; 020-08-01-005;


Current Zoning HC Highway Commercial, COD-N (Portion)

Existing Use Vacant / Wooded

Title

Request from Carolinas Healthcare System to approve the road name for the private road within the proposed medical office building located at the corner of Fort Mill Parkway and Tom Hall Street

Background Information Site Characteristics The property is located in the southwest quadrant of the Fort Mill Parkway

and Tom Hall Street intersection, consisting of approximately 34.85 acres of currently vacant/wooded land. The property includes approximately 800 feet of frontage on Tom Hall Street and approximately 1,000 feet of frontage along Fort Mill Parkway.

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Background The Planning Commission is asked to consider a request from Carolinas Healthcare System to approve the road name “Ledgerwood Street” for the private road within the proposed medical office building. The applicant selected this road name to honor an employee who recently passed away unexpectedly. The name has been approved and reserved by York County Addressing. The requirement for Planning Commission approval is based on Section 6-29-1200(A) of the South Carolina Code of Laws requires the following:

A local planning commission created under the provisions of this chapter shall, by proper certificate, approve and authorize the name of a street or road laid within the territory over which the commission has jurisdiction. It is unlawful for a person in laying out a new street or road to name the street or road on plat, by a naming or in a deed or instrument without first getting the approval of the Planning Commission. Any person violating this provision is guilty of a misdemeanor and, upon conviction, must be punished in the discretion of a court.

Recommendation Staff recommends in favor of the request to approve the new road name

from Carolinas Healthcare System as submitted.

Alternatives

1. Approve the road name as submitted.

2. Do not approve the road name.


Recommendation Staff recommends in favor of APPROVAL of the new road name.



Date of Request 7/17/2017

Legislative History

Planning Commission 07/18/2017: Scheduled

Effective Date Upon approval and recording of a subdivision plat

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Attachments

• Site Plan

• Confirmation email from York Addressing

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