RECOGNIZED WINTHROP UNIVERSITY STUDENTS IN ATTENDANCE RECOGNIZED TROUP 540 BOY SCOUT IN ATTENDANCE

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1 Council Chambers Special Session Monday, January 26, 2015 SPECIAL SESSION - 6:00 P.M. Council met in special session with Mayor Echols, Mayor Pro Tem Reno and Councilmembers Black, Oborokumo, Pender, Sutton, and Williamson. Also present were City Manager David Vehaun, Deputy City Manager Gerry Schapiro, Deputy City Manager Jimmy Bagley, City Attorney Paul Dillingham, and Municipal Clerk Anne P. Harty. Anna Douglas and Bristow Marchant from the Herald, Andrew Keil from WRHI, and John Evans from WSOC-TV Channel 9 were also in attendance. Mayor Echols called the meeting into session and the entire assembly recited the Pledge of Allegiance. PRESENTATION AND RECOGNITION IN APPRECIATION OF CITY STAFF MEMBERS FOR THEIR RESCUE OF INFANT LILLY WEISS ON JANUARY 21, 2015 City Utility employees Desmond Campbell, Daah Ross, and Graham Boatwright; as well as Police Officer Rex Hernandez, were recognized in appreciation for their quick response which saved the life of choking infant Lilly Weiss on Wednesday, January 21, Officer Hernandez was presented with Piedmont Medical Center s Hero Award, the 7 th such award granted by the hospital. City utility employees responded calmly and quickly by calling 911 and getting the attention of Officer Rex Hernandez who was nearby attending to a traffic accident. Officer Hernandez performed CPR on the infant, saving her life. David Vehaun, City Manager, presented and recognized the City employees. Robert White, EMS Community Relations Coordinator for Piedmont Medical Center, presented the Hero Award to Officer Hernandez. Lilly Weiss and multiple family members were in attendance. City Utility employees Desmond Campbell, Daah Ross, and Graham Boatwright and City Police Officer Rex Hernandez were also in attendance. RECOGNIZED WINTHROP UNIVERSITY STUDENTS IN ATTENDANCE RECOGNIZED TROUP 540 BOY SCOUT IN ATTENDANCE unanimously approved, the City Council approved the following three consent agenda items: MINUTES OF WORK SESSION OF JANUARY 8, 2015

2 MINUTES OF REGULAR SESSION OF JANUARY 12, 2015 ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF ROCK HILL CODE BY MAKING CERTAIN CHANGES IN THE OFFICIAL ZONING MAP AFFECTING APPROXIMATELY 0.2 ACRES AT 1019 CHARLOTTE AVENUE FROM NEIGHBORHOOD OFFICE (NO) TO NEIGHBORHOOD COMMERCIAL (NC) - Adopted There have been no changes to this ordinance since first reading. APPROVED PLANNING COMMISSION RECOMMENDATION REGARDING PETITION M BY CHERRY ROAD DEVELOPERS LLC TO REZONE APPROXIMATELY 1.01 ACRES AT 2550 CHERRY ROAD FROM BUSINESS DEVELOPMENT DISTRICT III (BD-III) TO COMMUNITY COMMERCIAL (CC). THE SUBJECT PROPERTY IS PROPOSED TO BE ANNEXED INTO THE CITY OF ROCK HILL. TAX PARCEL unanimously approved, approved Planning Commission recommendation regarding Petition M by Cherry Road Developers LLC to rezone approximately 1.01 acres at 2550 Cherry Road from Business Development District III (BD-III) to Community Commercial (CC). The subject property is proposed to be annexed into the City of Rock Hill. Tax parcel The applicant has requested the annexation and rezoning in order to facilitate the development of self- service storage facility on the subject property and the adjoining property to the rear. The Planning Commission recommended approval of the proposed CC zoning at their January meeting. The City Council emphasized their expectation for the development to be aesthetically appealing beyond the City s regular requirements. APPROVED A PETITION FOR ANNEXATION TO THE CITY OF ROCK HILL OF AUTOMALL PARKWAY AREA V LYING ADJACENT TO THE CITY LIMITS OF THE CITY OF ROCK HILL, S.C. AS SHOWN ON MAP DATED JANUARY 16, 2015 unanimously approved, approved a Petition for Annexation to the City of Rock Hill of Automall Parkway Area V lying adjacent to the city limits of the City of Rock Hill, S.C. as shown on map dated January 16, This is the annexation petition for the property at 2550 Cherry Road. ORDINANCE TO AMEND CHAPTER 7, ANNEXATIONS, OF THE CODE OF THE CITY OF ROCK HILL, SO AS TO PROVIDE FOR THE ANNEXATION, ZONING, AND WARD DESIGNATION OF AUTOMALL PARKWAY AREA V

3 LYING ADJACENT TO THE CITY LIMITS OF THE CITY OF ROCK HILL, S.C. First Reading An ordinance entitled AN ORDINANCE TO AMEND CHAPTER 7, ANNEXATIONS, OF THE CODE OF THE CITY OF ROCK HILL, SO AS TO PROVIDE FOR THE ANNEXATION, ZONING, AND WARD DESIGNATION OF AUTOMALL PARKWAY AREA V LYING ADJACENT TO THE CITY LIMITS OF THE CITY OF ROCK HILL, S.C. was given first reading upon a motion by Councilmember Sutton, which was duly seconded and unanimously approved. This ordinance will enact the annexation of the property at 2550 Cherry Road. ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF ROCK HILL CODE BY MAKING CERTAIN CHANGES IN THE OFFICIAL ZONING MAP AFFECTING APPROXIMATELY 1.01 ACRES AT 2550 CHERRY ROAD FROM BUSINESS DEVELOPMENT DISTRICT III (BD-III) TO COMMUNITY COMMERCIAL (CC) First Reading An ordinance entitled AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF ROCK HILL CODE BY MAKING CERTAIN CHANGES IN THE OFFICIAL ZONING MAP AFFECTING APPROXIMATELY 1.01 ACRES AT 2550 CHERRY ROAD FROM BUSINESS DEVELOPMENT DISTRICT III (BD-III) TO COMMUNITY COMMERCIAL (CC) was given first reading upon a motion by Councilmember Sutton, which was duly seconded and unanimously approved. This ordinance will enact the CC zoning for the property at 2550 Cherry Road as recommended by the Planning Commission. APPROVED PLANNING COMMISSION RECOMMENDATION REGARDING PETITION M BY PATTON DEVELOPMENT SC LLC TO REZONE APPROXIMATELY 1.64 ACRES AT 1640 &1646 EBENEZER ROAD FROM NEIGHBORHOOD OFFICE (NO) TO NEIGHBORHOOD COMMERCIAL (NC). TAX PARCELS & -005 approved upon a vote of 6-1 with Councilmember Pender dissenting, approved Planning Commission recommendation regarding Petition M by Patton Development SC LLC to rezone approximately 1.64 acres at 1640 &1646 Ebenezer Road from Neighborhood Office (NO) to Neighborhood Commercial (NC). Tax parcels & The applicant is requested the rezoning in order to facilitate the development of a Dollar General store on the property. The Dollar General at 1712 Ebenezer Road in the Food Lion shopping center will be relocated to this site if the rezoning is approved. The proposed building would be one story and approximately 9,100 square feet in size. The Planning Commission recommended approval of the rezoning at their January meeting. The City

4 Council emphasized their expectation for the development to be aesthetically appealing beyond the City s regular requirements. Greg Googer, Patton Development SC LLC, also addressed the City Council. ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF ROCK HILL CODE BY MAKING CERTAIN CHANGES IN THE OFFICIAL ZONING MAP AFFECTING APPROXIMATELY 1.64 ACRES AT 1640 & 1646 EBENEZER ROAD FROM NEIGHBORHOOD OFFICE (NO) TO NEIGHBORHOOD COMMERCIAL (NC) First Reading An ordinance entitled AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF ROCK HILL CODE BY MAKING CERTAIN CHANGES IN THE OFFICIAL ZONING MAP AFFECTING APPROXIMATELY 1.64 ACRES AT 1640 & 1646 EBENEZER ROAD FROM NEIGHBORHOOD OFFICE (NO) TO NEIGHBORHOOD COMMERCIAL (NC) was given first reading upon a motion by Councilmember Sutton, which was duly seconded and approved upon a vote of 6-1 with Councilmember Pender dissenting. This ordinance will enact the NC zoning for the property at 1640 & 1646 Ebenezer Road as recommended by the Planning Commission. APPROVED PLANNING COMMISSION RECOMMENDATION REGARDING PETITION T BY ROCK HILL PLANNING COMMISSION TO AMEND THE ZONING ORDINANCE AFFECTING ARTICLE 4: USE REGULATIONS, AND ARTICLE 6: DEVELOPMENT AND DESIGN STANDARDS, IN RELATION TO LIGHTING STANDARDS Upon a motion by Councilmember Pender, which was duly seconded and unanimously approved, approved Planning Commission recommendation regarding Petition T by Rock Hill Planning Commission to amend the Zoning ordinance affecting Article 4: Use Regulations, and Article 6: Development and Design Standards, in relation to lighting standards As part of an ongoing review and update of the Zoning Ordinance, amendments to the exterior lighting standards are necessary in order to streamline the process for infill development, alleviate some issues that have arisen as commercial development moves closer to residential areas, and mitigate future issues as mixed use development becomes more prevalent. Additionally, as lighting technologies have progressed, changes need to be made as these technologies affect the community as a whole. The Planning Commission recommended approval of the amendments at their January meeting. Josh Reinhardt, Planner II, presented the item to the City Council.

5 ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF ROCK HILL CODE, ARTICLE 4: USE REGULATIONS, AND ARTICLE 6: DEVELOPMENT AND DESIGN STANDARDS, IN RELATION TO LIGHTING STANDARDS First Reading An ordinance entitled AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF ROCK HILL CODE, ARTICLE 4: USE REGULATIONS, AND ARTICLE 6: DEVELOPMENT AND DESIGN STANDARDS, IN RELATION TO LIGHTING STANDARDS was given first reading upon a motion by Councilmember Sutton, which was duly seconded and unanimously approved. This ordinance will enact the amendments to the lighting standards as recommended by the Planning Commission. Josh Reinhardt, Planner II, presented the item to the City Council. APPROVED REQUEST TO SPONSOR A SET OF ZONING ORDINANCE AMENDMENTS TO ADDRESS MORE DETAILS IN THE USE OF EXEMPT SIGNS Upon a motion by Councilmember Pender, which was duly seconded and unanimously approved, approved request to sponsor a set of zoning ordinance amendments to address more details in the use of exempt signs. Section 6-900(D) provides a list of signs that are exempt from permitting requirements for certain uses. In most cases, there are specific size, number and location parameters that control these exempt signs. From time to time we find that these parameters need clarification or fine tuning, and we are requesting that the Council sponsor an amendment to fine tune the language in this section. One issue that will be addressed is the number and spacing of warning signs on a property. Upon the City Council s sponsorship, staff will work with the Planning Commission to recommend clarifications to this section. Bill Meyer, Planning and Development Director, presented the item to the City Council. ENDORSED ROCK HILL ECONOMIC DEVELOPMENT CORPORATION S 2015 GOALS Upon a motion by Councilmember Williamson, which was duly seconded and unanimously approved, endorsed Rock Hill Economic Development Corporation s 2015 goals. The City Council endorsed RHEDC s 2015 goals as discussed at a City Council workshop on January 8, Councilmember Jim Reno presented the item to the City Council. APPROVED COMMERCIAL RENT SUBSIDY AGREEMENT BETWEEN CITY OF ROCK HILL AND SANDY CREEK HERB COMPANY, LLC D/B/A PROVISIONS BY SANDY CREEK Upon a motion by Councilmember Black, which was duly seconded and approved upon a vote of 6-1 with Councilmember Sutton dissenting, approved Commercial Rent Subsidy Agreement between City of Rock Hill and Sandy

6 Creek Herb Company, LLC d/b/a Provisions by Sandy Creek and ending any further commitment of the City to Main 7 LLC. Over the past months Economic & Urban Development staff has worked with Tyler Jones, President of Provisions by Sandy Creek to identify a location in downtown Rock Hill for the company s third store. The company has selected 121 Caldwell Street (the Old Town Market Hall) as the ideal location for their Rock Hill expansion. Provisions by Sandy Creek has entered into a non-binding letter of intent with Rinehart Realty to lease 121 Caldwell for a term of 5-years. The stated lease rate is $5,000 per month. Provisions is seeking assistance from the City in the form of a rental rebate for the first three-years of the lease term while they grow their Rock Hill customer base. They have indicated that in order to be successful in Rock Hill, their initial lease rate cannot exceed $3000 per month for the first year, $3500 the second, and $4000 the third. Staff recommended approval of a commercial rent subsidy agreement for Provisions by Sandy Creek. Provided the tenant remains in the space for the full 5-year lease term, the rent subsidy results in a savings to the City of $9,000 over the remaining 3-year term of Old Town Market use agreement. There is a $63,000 remaining commitment. The rent subsidy recommended by staff equals $54,000 - $2000/month in year one, $1500/month in year two, and $1000/month in year three. Recent rent subsidies granted to tenants of the Rinehart and Boulware buildings that have entered into long term leases (5-years) have been 50% in year one, 45% in year two, and 35% in year three. For Provisions by Sandy Creek staff recommends a rent rebate of 40% in year one, 30% in year two, and 20% in year three. Staff had recommended that $5,000 of the rent subsidy be held until the end of the five year leave, which was not supported by the Council The motion included a clarification that the intention of the Council was to provide no further commitment to Main 7 LLC upon adoption of this rent subsidy for Provisions by Sandy Creek. Susan Lyle, Performance Manager, presented the item to the City Council. APPROVED AMENDMENT TO AGREEMENT BETWEEN MAIN 7, LLC AND CITY OF ROCK HILL Upon a motion by Councilmember Oborokumo, which was duly seconded and approved upon a vote of 6-1 with Councilmember Sutton dissenting, approved amendment to agreement with no further commitment, between Main 7, LLC and City of Rock Hill. In February 2012, the City agreed to program events at the Old Town Market Hall space for a total of 30-days per year for a period of five years. The City and owners agreed to a discounted rental rate of $600 per day for each of the 30-days the City uses the facility. Three years (January, 2015 through December, 2017) remain on the City s commitment to use the space. The City and Main 7, LLC have jointly worked to secure a long-term retail tenant to occupy the Old Town Market Hall space. In order to convert the use of the space, the Agreement between the City and Main 7, LLC must be amended. The proposed amendment called for the City to provide a rent subsidy to the tenant in lieu of the City s 30-day use commitment to Main 7, LLC. Also, staff s proposal included a

7 recommendation that should the tenant vacate the space prior to the end of the 60-month term of the lease, the original agreement between Main 7, LLC and the City would be reinstated and continued until the funds originally committed for this purpose are exhausted or until December 31, 2020; approximately the end of the 5 year lease with Provisions, whichever comes first. The Council approved the amendment to provide a rent subsidy in lieu of the City s 30-day use commitment to Main 7, LLC. However, the Council s approval did not include support for the reinstatement of the prior agreement should Provisions vacate the facility before the expiration of the 5 year lease. Council s approval of the rent subsidy was approved with no further commitment to Main 7, LLC. Susan Lyle, Performance Manager, presented the item to the City Council. ANNOUNCED SMARTSWITCH WINNER This month s SmartSwitch winner, chosen at random by computer, is Jacob Mark Francek. This customer will receive a $100 credit on their next utility bill. CITY COUNCIL COMMITTEE REPORTS There were no City Council committee reports. MISCELLANEOUS BUSINESS There was no miscellaneous business. EXECUTIVE SESSION unanimously approved, the City Council went into Executive Session to discuss a contractual matter involving the City s Economic and Urban Development Department for a project near the Downtown/Knowledge Park area and receive related legal advice, to discuss a contractual matter involving the City s Economic and Urban Development Department for a project near I-77 and receive related legal advice, and to discuss a potential interdepartmental agreement involving public infrastructure and receive related legal advice. RETURNED TO SPECIAL SESSION The Council returned from Executive Session and Mayor Echols reported that no action was taken. There being no other further business the meeting was adjourned. Minutes approved and adopted this day of Anne P. Harty, Municipal Clerk