SC State Code Section 6-29-1145 states that "If a local planning agency has actual notice of a restrictive covenant on a tract or parcel of land that is contrary to, conflicts with, or prohibits the permitted activity...the local planning agency must not issue [a permit for any planning-related action] unless the local planning agency receives confirmation from the applicant that the restrictive covenant has been released for the tract or parcel of land by action of the appropriate authority or property holders or by court order."
The First Amendment to MacMillan Business Park Amended and Restated Declaration of Covenants, Conditions and Restrictions are attached.
Additional Points to Consider:
The proposed private school is located within an existing industrial park. With its neighbors being Continental Tire and Unique Loom Facility
This site is one of the few contiguous tracts of Light Industrial Zoned land within the Panhandle.
Previous tenant has a Fee-in-lieu Agreement with Lancaster County, this will not be transferred to the current tenant.
The applicant is claiming the site will not cross the 50-trip threshold for a Traffic Impact Analysis. Other uses in this area (daycares, for instance) were required to get a TIA before rezoning, and considering the school will relocate facilities from NC with students following, staff believes that a TIA for this use would be a reasonable request.
Liability 1: the Comprehensive Plan map amendment, that was a companion ordinance, failed at the 1-22-2024 Council meeting.
Liability 2: the property is one of the last sections of Light Industrial (LI) zoned areas in Indian Land. Staff and the Planning Commission are concerned about losing established LI zoned property in an established industrial park.
Funding 1: the previous tenant has a fee-in-lieu agreement with Lancaster County, and this will not be transferred to the current owner.
Applicant has successfully remove the restrictive covenant from the site.
The comp plan companion ordinance failed at the 1-22-2024 Council meeting.
RECOMMENDATIONS:
Planning Commission recommended unanimous denial during their September Regular Meeting. Concerns that were discussed included traffic generation, having a private school surrounded by industrial uses, the lack of existing Light Industrial zoned land in the Panhandle and how difficult it would be to rezone other land to Light Industrial take its place within the Panhandle.
Staff recommends denial as well.