A G E N D A. Rock Hill Zoning Board of Appeals. January 17, 2017

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1 TO: FROM: RE: Rock Hill Zoning Board of Appeals Melody Kearse, Zoning Coordinator Meeting Agenda DATE: January 10, 2017 The Rock Hill Zoning Board of Appeals will hold a public hearing on Tuesday, January 17, 2017, at 6:00 p.m. in Council s Chambers at City Hall, 155 Johnston Street, to consider the following appeals. Please feel free to contact me regarding any item on the agenda. Thank you. 1. Call to Order A G E N D A Rock Hill Zoning Board of Appeals January 17, Approval of minutes from the December 13, 2016, meeting. 3. Approval of Orders from the December 13, 2016, meeting. 4. Appeal Z : Request by Tyson Haefele, for a Variance from minimum lot size requirements, the required minimum land use buffer, the required side yard setbacks and the location of parking for the properties located at 661 Chestnut Street and 324 South Jones Avenue. The property is zoned Multi-Family 15 (MF-15). Tax map numbers and Appeal Z : Request by Lew Corbett, for a Special Exception for a Restaurant Serving Alcohol use for the property located at 133 South Herlong Avenue. The property is zoned Neighborhood Commercial (NC). Tax map number Other Business 7. Adjourn.

2 Main Heckle Zoning Board of Appeals Agenda Items City of Rock Hill, SC January 17, 2017 Zoning Board of Appeals Mt Gallant Sutton Hwy 21 Old York India Hook Celanese York 5 Cherry I-77 Dave Lyle Anderson McConnells Heckle 4 Albright Anderson Ogden I-77 Mt. Holly Legend Map Saluda City Limits River Agenda Item Not Drawn To Scale DR 5/11/15 #

3 Zoning Board of Appeals City of Rock Hill, South Carolina December 13, 2016 A public hearing of the Zoning Board of Appeals was held on Tuesday, December 13, 2016, at 6:30 p.m. in Room 373 at City Hall, 155 Johnston Street, Rock Hill, South Carolina. MEMBERS PRESENT: MEMBERS ABSENT: STAFF PRESENT: Matt Crawford, John Antrim, Jeff Greene, Keith Sutton, Michael Smith, and Stacey Reeves Rodney Cullum Melody Kearse, Shana Marshburn, Dennis Fields Legal notice of the public hearing was published in The Herald, Saturday, November 26, Notice was posted on all property considered. Adjacent property owners were notified in writing. 1. Call to Order The meeting was called to order at 6:30 p.m. 2. Approval of minutes of the November 15, 2016, meeting. Mr. Green made a motion to approve the minutes as noted. Mr. Smith seconded the motion. The minutes were approved unanimously by a vote of 6-0 (Cullum absent). 3. Approval of Orders from October 18, 2016, meeting. Mr. Crawford made a motion to approve the Orders as submitted. Mr. Greene seconded the motion. The Orders were approved unanimously by a vote of 6-0 (Cullum absent). 4. Appeal No. Z : Request by Jason Cloud, Burgers & Barley, LLC, for a Special Exception for a restaurant with extending hours serving alcohol, which is classified as an eating establishment use at 111 Cherry Rd. The property is zoned Limited Commercial (LC). Tax map number Staff member Melody Kearse presented the staff report. Mr. Sutton asked a question about the lighting standards and if the former tenant, Daddy s Money, was grandfathered-in in regards to the existing site lighting and if the lighting would be something that would reviewed. Ms. Kearse that staff would only review new site lighting if it were to be proposed. Ms. Kearse also added that they had added additional outdoor lighting as a security feature. Mr. Sutton also asked about shared parking and how it works. Ms. Kearse replied that the applicant has resurfaced their required portion of the parking, and Burgers & Barley and the neighboring Cross-fit business would utilize the parking area at different times. 1 P a g e

4 Staff member, Dennis Fields interjected and added that for shared parking they d have to demonstrate that there is enough parking for both uses, and that the site has room to add parking if needed in the future. Mr. Crawford questioned whether the Management of Impact Plan required as a use-specific requirement for this particular type of use has been working to staff s satisfaction. Ms. Kearse responded by noting that the City has yet to have to enforce it but in the event it becomes an issue, staff would follow-up with the applicant. Mr. Sutton interjected and added that the Management of Impact Plan seems to serve more as an accountability mechanism versus a plan. Ms. Kearse agreed with Mr. Sutton s assessment. There was further general discussion about how the Management of Impacts Plan is utilized. Mr. Jason Cloud, the applicant, 111 Cherry Road, was available to answer questions. Mr. Green asked if the business target audience were college students. Mr. Cloud stated that while their target is not college students in specific, they do offer an affordable menu and believes that Thursdays, Fridays, and Saturdays are key times for the students. He added that they wanted to be touted as something similar to Legal Remedy Brewing and The Roasting Company, both of which are fairly new businesses in Rock Hill. Mr. Crawford asked if the business would serve food until closing time. Mr. Cloud responded saying that on nights that they stay open until 2 a.m., they may stop serving food at midnight. There were no further comments or questions from the audience. Mr. Crawford closed the floor for Board discussion. Mr. Crawford stated that the request appeared to meet all of the findings and noted that the use was less impactful than previous uses on the site. Mr. Antrim noted the compatibility of the use by adding that it is in an area where other restaurants are located. Mr. Green asked if staff had any heartburn over the previously discussed issue of the kitchen remaining open all night and into the morning. Ms. Kearse noted that the use is a restaurant, and by definition a restaurant should have food available as long as the business is open. Mr. Sutton suggested that a way to meet that definition was for the restaurant to offer a late-night menu, say after midnight, which offered smaller plates. With no further discussion, Mr. Sutton motioned to approve the request. Mr. Smith seconded, and the motion carried unanimously by a vote of 6-0 (Cullum absent). Mr. Sutton presented the findings, specifically noting that the special exception complies with the use-specific standards, the use is compatible with the other uses in the area, the roads are adequate for the use, it would not injure neighboring property values, and it would comply with all other laws and ordinances. 2 P a g e

5 6. Other Business. a. New Appointment Ms. Kearse introduced the new Board member, Mr. Brian Germain, and noted that he would be filling Mr. Greene s seat in January. b. Meeting Time Mr. Kearse reminded the Board that in January, the Board s new meeting time would be at 6 p.m. 7. Adjourn There being no further business, Mr. Crawford made a motion to adjourn with Mrs. Reeves seconding the motion. The meeting adjourned at 6:55 p.m. 3 P a g e

6 Order on Application for a Special Exception Zoning Board of Appeals Date Application Filed: November 16, 2016 Appeal No. Z The Zoning Board of Appeals held a public hearing on December 13, 2016, to consider a request by Jason Cloud, Burgers & Barley, for a Special Exception to establish a Restaurant Serving Alcohol with Extended Hours use at 111 Cherry Road. The property is zoned Limited Commercial (LC). Board members in attendance included Chairman Matt Crawford, Michael Smith, Stacey Reeves, John Antrim, Keith Sutton, and Jeff Greene. Board member Rodney Cullum was absent. After consideration of the evidence and arguments presented, the Board voted to grant the request based on the following findings of fact: 1. The site may be identified as 111 Cherry Road, Tax Map Number The property is owned by Aberman Family, LLC. 3. This property is Limited Commercial (LC). 4. The proposed use is classified as a Restaurant Serving Alcohol with Extended Hours. 5. Limited Commercial (LC) allows a Restaurant Serving Alcohol with Extended Hours use to be established by special exception only. 6. The request was advertised to the public according to state law and the City of Rock Hill Zoning Ordinance. The following public notification actions were taken: November 23: Public Hearing notification postcards sent to property owners within 300 feet of the subject property. November 23: Public Hearing notification signs posted on subject property. November 26: Zoning Board of Appeals public hearing advertisement published in The Herald. Information about the application was posted on the City s website. 7. During the public hearing, the following comments were heard by the Board: Ms. Kearse presented the staff report. Mr. Sutton asked a question about the lighting standards and if the former tenant, Appeal No. Z Jason Cloud Burgers & Barley 111 Cherry Road Page 1

7 Daddy s Money, was grandfathered-in in regards to the existing site lighting and if the lighting would be something that would reviewed. Ms. Kearse that staff would only review new site lighting if it were to be proposed. Ms. Kearse also added that they had added additional outdoor lighting as a security feature. Mr. Sutton also asked about shared parking and how it works. Ms. Kearse replied that the applicant has resurfaced their required portion of the parking, and Burgers & Barley and the neighboring Cross-fit business would utilize the parking area at different times. Staff member, Dennis Fields interjected and added that for shared parking they d have to demonstrate that there is enough parking for both uses, and that the site has room to add parking if needed in the future. Mr. Crawford questioned whether the Management of Impact Plan required as a usespecific requirement for this particular type of use has been working to staff s satisfaction. Ms. Kearse responded by noting that the City has yet to have to enforce it but in the event it becomes an issue, staff would follow-up with the applicant. Mr. Sutton interjected and added that the Management of Impact Plan seems to serve more as an accountability mechanism versus a plan. Ms. Kearse agreed with Mr. Sutton s assessment. There was further general discussion about how the Management of Impacts Plan is utilized. Mr. Jason Cloud, the applicant, 111 Cherry Road, was available to answer questions. Mr. Green asked if the business target audience were college students. Mr. Cloud stated that while their target is not college students in specific, they do offer an affordable menu and believes that Thursdays, Fridays, and Saturdays are key times for the students. He added that they wanted to be touted as something similar to Legal Remedy Brewing and The Roasting Company, both of which are fairly new businesses in Rock Hill. Mr. Crawford asked if the business would serve food until closing time. Mr. Cloud responded saying that on nights that they stay open until 2 a.m., they may stop serving food at midnight. There were no further comments or questions from the audience. Mr. Crawford closed the floor for Board discussion. Mr. Crawford stated that the request appeared to meet all of the findings and noted that the use was less impactful than previous uses on the site. Mr. Antrim noted the compatibility of the use by adding that it is in an area where other restaurants are Appeal No. Z Jason Cloud Burgers & Barley 111 Cherry Road Page 2

8 located. Mr. Green asked if staff had any heartburn over the previously discussed issue of the kitchen remaining open all night and into the morning. Ms. Kearse noted that the use is a restaurant, and by definition a restaurant should have food available as long as the business is open. Mr. Sutton suggested that a way to meet that definition was for the restaurant to offer a late-night menu, say after midnight, which offered smaller plates. With no further discussion, Mr. Sutton motioned to approve the request. Mr. Smith seconded, and the motion carried unanimously by a vote of 6-0 (Cullum absent). Mr. Sutton presented the findings, specifically noting that the special exception complies with the use-specific standards, the use is compatible with the other uses in the area, the roads are adequate for the use, it would not injure neighboring property values, and it would comply with all other laws and ordinances. 8. The Board made the following findings: a) Complies with Use Specific Regulations The proposed special exception complies with all standards in Section 4-300, Use Specific Standards. The proposed use complies as follows: Restaurant Serving Alcohol with Extended Hours Separation: The restaurant s active use area meets the 300-foot separation requirement from the specified residential uses and districts. Hours of Operation: Burgers & Barley will open no earlier than 6 a.m. and close no later than 2 a.m. Management of Impacts Plan: Burgers & Barley has provided a Management of Impacts plan showing how it will manage any potential impacts on the surrounding neighborhoods and businesses. A copy of this plan has been attached to this report. The business will be managed by the owner, whose Management of Impacts Plan includes making all employees aware of the noise ordinance and enforcing compliance as necessary, and having a customer relations specialist, who will monitor activity in the parking lot and patio. The business has also added parking lot lighting. Appeal No. Z Jason Cloud Burgers & Barley 111 Cherry Road Page 3

9 Restaurant with Outdoor Seating Setback from Residential District: The restaurant s active outdoor use area meets the required 100-foot separation requirement from any single-family attached or detached dwelling. Hours of Operation: The restaurant s active outdoor use area is not within 200 feet of any single-family attached or detached dwellings. Therefore, the 10 p.m. rule does not apply. No Obstruction of Pedestrian Movement: The outdoor seating area does to obstruct the movement of pedestrians along the sidewalk or other areas intended for public use. Service of Food and Beverages: Only employees of the restaurant shall serve food or beverages o the patrons in the outdoor seating area. Compatibility and Compliance with Building Codes and State Regulations: The restaurant, including the indoor and the outdoor seating areas, are compatible and compliant with Building Codes and State Regulations for existing buildings. A Certificate of Compliance was issued on November 10, b) Compatibility The proposed special exception is appropriate for its location and compatible with the character of surrounding lands and the uses permitted in the zone district(s) of surrounding lands. This area has a mix of existing industrial, commercial and residential uses. Adherence to the Management of Impacts Plan should mitigate any potential issues that would cause compatibility concerns. c) Design Minimizes Adverse Impact The design of the proposed special exception minimizes adverse effects, including visual impacts of the proposed use on adjacent lands; furthermore, the proposed special exception avoids significant adverse impact on surrounding lands regarding service delivery, parking and loading, odors, noise, glare, and vibration, and does not create a nuisance. Burgers & Barley has submitted a Management of Impacts Plan regarding how it plans to minimize impacts to surrounding properties. Site improvements have been made in regards to parking lot surfacing and lighting, and the addition of a dumpster enclosure. Appeal No. Z Jason Cloud Burgers & Barley 111 Cherry Road Page 4

10 d) Design Minimizes Environmental Impact The proposed special exception minimizes environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. The site is already developed and no environmental impacts are expected. e) Roads There is adequate road capacity available to serve the proposed special exception, and the proposed special exception use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site. Cherry Road has adequate road capacity to serve the restaurant use. f) Not Injure Neighboring Land or Property Values The proposed special exception will not substantially and permanently injure the use of neighboring land for those uses that are permitted in the zone district, or reduce property values. Because the property is surrounded by a variety of uses, several being commercial, no injury property values are expected. g) Site Plan A site plan has been prepared that demonstrates how the proposed special exception use complies with the other standards of this subsection. The site is already developed, but a site plan was provided. h) Complies With All Other Relevant Laws and Ordinances The proposed special exception use complies with all other relevant City laws and ordinances, state and federal laws, and regulations. The applicant agrees to conform to all other relevant laws and ordinances. THE BOARD, THEREFORE, ORDERS: That the request by Jason Cloud, Burgers & Barley, for a Special Exception to establish a Restaurant Serving Alcohol with Extended Hours use at 111 Cherry Road, zoned Limited Commercial (LC), is APPROVED. Section (D)(6) of the Zoning Ordinance states: A person having a substantial interest affected by a decision of the ZBA on a Special Exception Permit may appeal from the decision of the ZBA to the Circuit Court in and for York County by filing with the Clerk of the Court a petition setting for plainly, fully, and distinctly why the decision is contrary to law. The appeal shall be filed within thirty (30) days after the decision of the ZBA Appeal No. Z Jason Cloud Burgers & Barley 111 Cherry Road Page 5

11 is mailed. For the purposes of this subsection, person includes persons jointly or severally aggrieved by the decision of the ZBA. AND IT IS SO ORDERED. Date Issued Matt Crawford, Chairman Date Mailed Appeal No. Z Jason Cloud Burgers & Barley 111 Cherry Road Page 6

12 Staff Report to Zoning Board of Appeals Z Meeting Date: January 17, 2017 Tyson Haefele is requesting a Variance from minimum lot size requirements, the required minimum land use buffer, the required side yard setbacks and the location of parking for the properties located at 661 Chestnut Street and 324 South Jones Avenue. The property is zoned Multi-Family 15 (MF-15). Tax map numbers and SEE ATTACHED REPORT FOR MORE INFORMATION

13 Case No. Z Staff Report to Zoning Board of Appeals Meeting Date: January 17, 2017 Location: Request: 661 Chestnut Street & 324 South Jones Avenue Variance from the minimum lot size requirements, minimum land use buffer, required side and rear yard setbacks and parking location. Tax Map Number: & -028 Zoning District: Applicant/Owners: Multi-Family Residential-15 (MF-15) Tyson Haefele (owns 661 Chestnut St.) PO Box 3515 Rock Hill, SC Background Charles B Bernette, III (owns 324 S. Jones Ave.) 1790 Overbrook Drive Rock Hill, SC In October 2014, City Council adopted a moratorium on the consideration of rezonings and site plans for new multi-family and single-family attached projects. 1 The moratorium was in response to a surge in applications for multi-family projects that were located on the fringes of the City, and were designed using antiquated, suburban development standards. The purpose of the moratorium was to give staff time to answer questions as to whether the Zoning Ordinance s regulations at the time resulted in multi-family projects that met the City s overall goals in terms of location and design standards. After several months of study 2, staff brought forth recommended Zoning Ordinance amendments that would better meet the City s goals for the location and design of multi-family and single-family attached projects, which the City Council unanimously approved in May Relevant to the request at hand, the changes included a minimum lot size of five acres for multi-family projects. The purpose of this requirement was to prevent multi-family projects from being developed on small, infill lots in the middle of existing neighborhoods that were zoned Multi-Family 15 (MF- 15). Numerous neighborhoods in the City have that zoning district and are not appropriate locations for multi-family development. Modern development and design standards that promote an urban design are also now required. 1 The simplest way to think about single-family attached is the traditional townhouse, duplex, or quadruplex form, with each unit having its own lot; multi-family is apartments and condominiums where multiple units are on one lot. 2 See link to Study on Multi-Family And Single-Family Attached Residential Uses under Attachments

14 Staff Report to Zoning Board of Appeals Z Page 2 Request The applicant is requesting the following variances in order to build a product that does not meet the City s standards. Request Ordinance Requirement Minimum Lot Size 0.46 Acres 5 acres Land Use Buffer 27 ft 30 feet Side Yard Setback Rear Yard Setback Parking Location 27 ft 35 ft when adjacent to a single-family dwelling 31 ft In front of building, parallel with the street. 35 ft when adjacent to a side lot of a single- family dwelling Not allowed between the building and street Site Description The site consists of two lots, located on the corner of Jones Avenue and Chestnut Street. The parcels are zoned Multiple Family Residential15 (MF-15) and are surrounded by primarily single-family residential with the exception of two existing duplexes across Jones Avenue. Relation to Zoning Ordinance Table 5-100(B)(1) [6] A minimum of four (4) units per acre shall be provided. [10] Minimum project size of five (5) acres for new approvals after October 27, 2015.

15 Staff Report to Zoning Board of Appeals Z Page 3 Existing Zoning District Summary MF-15, Multi-Family 15 Although originally established to allow a wide range of medium to high-density housing types, it is the intent of this Ordinance that the MF-15 district be phased out over time by not allowing new rezonings to the MF-15 district after October 12, In order to avoid creating nonconforming uses, and to allow properties that have this zoning district to develop with specific uses, the district continues to allow single family detached, single-family attached, multi-family, and a few other specified uses. Analysis of Request for Variance (E) (4) Variance Standards (a) Findings A Variance Permit shall be approved only upon a finding, made in writing, that the applicant demonstrates that all of the following standards are met: 1. Extraordinary and Exceptional Conditions There are extraordinary and exceptional conditions pertaining to the particular piece of land. The two properties are within a large area of predominately single-family homes. The properties were subdivided with the intention of constructing single-family detached dwellings. The surrounding properties, with similar lot sizes, have developed in this manner. Although there is a stream that runs through a portion of the property, this stream also runs through many properties within this development and would not limit the applicant from constructing two single-family dwellings. A lot line adjustment could arrange the two lots to both face Chestnut Street and still meet the minimum lot size and lot widths for single-family dwellings, while avoiding the stream. This stream also does not constitute reason to grant a variance to reduce the minimum lot size from 5 acres to less than half an acre. In addition, the building could easily shift to avoid the need for a variance to the side and rear setbacks. 2. Unique Conditions These conditions do not generally apply to other property in the vicinity. The stream runs through many properties within this development that were developed with single-family residences.

16 Staff Report to Zoning Board of Appeals Z Page 4 3. Strict Application Deprives Use Because of the conditions, the application of this Ordinance to the land would effectively prohibit or unreasonably restrict the utilization of the land. The strict application of the ordinance would not prohibit the use of the land. A lot line adjustment could arrange the two lots to both face Chestnut Stree, with both meeting the minimum lot size and lot widths for single-family dwellings, while avoiding the stream. 4. Not Detrimental The authorization of the Variance Permit will not result in substantial detriment to adjacent land, or to the public good, and the character of the district will not be harmed by the granting of the variance. The granting of this variance could change the character of the district, and may affect property values for the surrounding single-family homes. City Council approved the minimum lot size and setback requirements to specifically limit the negative impacts of developing multi-family in the heart of single-family residential neighborhoods. (b) Not Grounds for Variance The following does not constitute grounds for a Variance Permit: 1. Property Could Be Utilized More Profitably The fact that land may be utilized more profitably should a Variance permit be granted. There is reason to believe that reducing minimum lot size requirements to allow multiple-unit buildings would make the property more profitable as rental units. A lot line adjustment could arrange the two lots to both face Chestnut Street and still meet the minimum lot size and lot widths for single family dwellings, which would allow two single-family detached dwellings. (c) Prohibitions No Variance Permit shall be granted to: 1. Allow a use not permitted by right, Conditional Use Permit, or by Special Exception Permit in the district in which the land subject to the Variance Permit is located. The proposed use, a multi-family building, is permitted use by right in the MF- 15 zoning district.

17 Staff Report to Zoning Board of Appeals Z Page 5 2. Extend physically a nonconforming use of land. This would be a newly constructed building, which is permitted in the MF-15 zoning district, and would not extend a nonconforming use. 3. Change the zone district boundaries on the Official Zone District Map. If granted, the variance would not change the zoning district boundaries. The property would retain its current zoning district. Public Involvement The following public notification actions have been taken: December 27: Public Hearing notification postcards sent to property owners within 300 feet of the subject property. December 29: Public Hearing notification signs posted on subject property. December 31: Zoning Board of Appeals public hearing advertisement published in The Herald. Public Feedback Staff received four phone calls from neighboring property owners that were concerned about the development. Many stated they would be comfortable with single-family residences being developed, but were opposed to the multi-family units. Attachments Application and supporting documents from applicant Zoning Map Site Plan Multi-Family and Single-Family Attached Study Staff Recommendation Staff does not view the required findings of fact as all being met, and therefore recommends denial of all variances requested. This is based on the analysis above, particularly: The granting of this variance could change the character of the district, and may affect property values for the surrounding single-family homes. The two properties are within a large area of predominately single-family homes. The properties were subdivided with the intention of constructing single-family detached dwellings. The surrounding properties, with similar lot sizes have developed in this manner.

18 Staff Report to Zoning Board of Appeals Z Page 6 The intent of the new zoning regulations is to prevent multi-family from locating in areas that are not appropriate for it, and with designs that do not further the greater community interests. Staff Contact: Dennis Fields, Planner II Dennis.Fields@cityofrockhill.com

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29 BLACK ST M F FLINT ST Legend Z Single-Family-5 (SF-5) Multi-Family-15 (MF-15) Subject Properties CHESTNUT ST JONES AV Zoning Data S F - 5 Current Zoning MF-15 KEELS AV WALNUT ST µ Feet Development Services Department City of Rock Hill 01/17/17

30 Staff Report to Zoning Board of Appeals Z Meeting Date: January 17, 2017 Lew Corbett is requesting a Special Exception for a Restaurant Serving Alcohol use for the property located at 133 South Herlong Avenue. The property is zoned Neighborhood Commercial (NC). Tax map number SEE ATTACHED REPORT FOR MORE INFORMATION

31 Case No. Z Staff Report to Zoning Board of Appeals Meeting Date: January 17, 2017 Location: Requests: 133 S. Herlong Avenue Special exception for restaurant serving alcohol Tax Map Number: Zoning District: Owner: Applicant: Neighborhood Commercial (NC) Marvin A. Hyatt 1775 Overbrook Drive Rock Hill, SC Lew Corbett 133 S. Herlong Ave Rock Hill, SC Background The applicant, Lew Corbett, is the owner of NC Noodle Bar at 133 South Herlong Avenue. The existing business is currently classified as a restaurant, without alcohol sales. The restaurant owner would like to change the use to restaurant serving alcohol. The property is zoned Neighborhood Commercial (NC), which allows that use only through special exception approval by the Zoning Board of Appeals. The restaurant serving alcohol use has a use-specific requirement that mandates closure of the business between midnight and 6 a.m. However, since this property is in the Neighborhood Commercial (NC) district, which has stricter requirements for business hours, with closure required at 10 p.m., the business hours required by the zoning district would govern. The restaurant s current posted hours are: Monday Saturday 11 a.m. to 9 p.m. Site Description The property is located off South Herlong Avenue just east of the City s water tower in that area. It is surrounded by a mix of commercial and residential uses in the Neighborhood Commercial (NC) zoning district such as a bank, eating establishments, and single-family residences. In addition, undeveloped land and medical offices are nearby in the Office and Institutional (OI) zoning district.

32 Staff Report to Zoning Board of Appeals Z Page 2 Relation to Zoning Ordinance Use-Specific Standards 4-300(C) Commercial Uses (2) Eating Establishments (e) Restaurants Serving Alcohol A restaurant serving alcohol shall be restricted to operating hours between 6:00 AM and 12:00 Midnight. The entire establishment must be closed between 12:00 Midnight and 6:00 AM. Existing Zoning District Summary NC, Neighborhood Commercial The NC district is established and intended to provide for small-scale retail, service, and professional offices that provide goods and services to serve the residents of the surrounding neighborhood. Residential uses are encouraged on the upper floors of non-residential establishments. The district should not include establishments that attract traffic from areas of the City outside the neighborhood which is being served by the use. Non-residential uses in the NC district are limited to ten thousand (10,000) square feet in area per use in an individual building. The district should typically be located at the intersection of two (2) collector (residential or commercial) streets or a collector street and arterial/major collector street in close proximity to the residential neighborhood which these serve. The district is subject to development standards to ensure development is consistent with the neighborhood scale and form of the district, and compatible with surrounding uses through setbacks, height limitations, bulk, and other dimensional standards, connectivity requirements, controls on lighting, and site design. In addition, all non-

33 Staff Report to Zoning Board of Appeals Z Page 3 residential development in the NC district shall limit its hours of operation to between the hours of 6:00 AM and 10:00 PM. Analysis of Request for Special Exception Use A Special Exception Permit shall be approved only upon a finding the applicant demonstrates that the applicable standards are met. The Board may find that not all of these standards will be applicable in every case. (a) Complies with Use Specific Regulations The proposed special exception complies with all standards in Section 4-300, Use Specific Standards. The Neighborhood Commercial (NC) zoning district has restrictions on operational hours that are stricter than the use-specific standards for a restaurant serving alcohol, so they would apply instead of the use-specific standard in this case. The restaurant s existing operational hours comply with the NC zoning district standards. The restaurant closes at 9:00 p.m. (b) Design Minimizes Adverse Impact The design of the proposed special exception minimizes adverse effects, including visual impacts of the proposed use on adjacent lands; furthermore, the proposed special exception avoids significant adverse impact on surrounding lands regarding service delivery, parking and loading, odors, noise, glare, and vibration, and does not create a nuisance. There will not be any design changes to the site; the site will continue to be used as is. Therefore the proposed use would cause little to no impact on the overall design of the site. (c) Design Minimizes Environmental Impact The proposed special exception minimizes environmental impacts and does not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. The building is already developed on the site, so no new environmental impacts are expected. (d) Roads There is adequate road capacity available to serve the proposed special exception, and the proposed special exception use is designed to ensure safe ingress and egress onto the site and safe road conditions around the site. A restaurant serving alcohol should not have any impact on the current

34 Staff Report to Zoning Board of Appeals Z Page 4 traffic, and the road system in this area is well-equipped to handle the amount of traffic that it does generate. (e) Not Injure Neighboring Land or Property Values The proposed special exception will not substantially and permanently injure the use of neighboring land for those uses that are permitted in the zone district, or reduce property values. The proposed use is located in a commercial center that has experienced high parking demands in the past. Converting from a restaurant that does not serve alcohol to a restaurant that does serve alcohol could impact that parking demand. However, the proposed use is not viewed as having negative effects on neighboring land or property values in this area. (f) Site Plan A site plan has been prepared that demonstrates how the proposed special exception use complies with the other standards of this subsection. This is a developed site with an existing restaurant, so no site plan was necessary. (g) Complies With All Other Relevant Laws and Ordinances The proposed special exception use complies with all other relevant City laws and ordinances, state and federal laws, and regulations. This use will be required to comply with all other relevant laws and ordinances. Public Involvement The following public notification actions have been taken: December 29: Public Hearing notification postcards sent to property owners within 300 feet of the subject property. December 29: Public Hearing notification signs posted on subject property. December 31: Zoning Board of Appeals public hearing advertisement published in The Herald. Information about the application was posted on the City s website. Public Feedback None at the time of this staff report.

35 Staff Report to Zoning Board of Appeals Z Page 5 Attachments Application Zoning Map Staff Contact: Melody Kearse, Zoning Coordinator melody.kearse@cityofrockhill.com

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39 P U D N O G C Z Legend Neighborhood Office (NO) CARDIOLOGY DR MEDICAL PARK DR HERLONG AV N C N O Office and Institutional (OI) Neighborhood Commercial (NC) General Commercial (GC) Subject Properties EBENEZER RD Zoning Data O I Current Zoning NC VIAN CT N O µ ROSEDALE ST Feet Development Services Department City of Rock Hill 01/17/17