Ordinance No.: Adopted: AN ORDINANCE

Transcription

1 Ordinance No.: Adopted: AN ORDINANCE TO SUSPEND THE ACCEPTANCE OF REZONING APPLICATIONS FOR RC-I, RC-II, RD-I, RD-II, PD, AND BD-III DISTRICTS WITHIN THE UNINCORPORATED AREA OF THE FORT MILL TOWNSHIP WHERE THE PROPOSED REZONING INCLUDES RESIDENTIAL USES(SINGLE FAMILY AND MULTI-FAMILY); TO SUSPEND THE ACCEPTANCE OF SITE PLANS AND PRELIMINARY PLATS FOR RESIDENTIAL PROJECTS (SINGLE FAMILY AND MULTI-FAMILY) LOCATED WITHIN THE UNINCORPORATED AREA OF THE FORT MILL TOWNSHIP; TO END THE SUSPENSION ON DECEMBER 31, 2016; TO PROVIDE FOR A PUBLIC HEARING; AND, TO PROVIDE FOR OTHER MATTERS RELATING THERETO. BE IT ORDAINED AND ENACTED BY THE COUNTY COUNCIL OF YORK COUNTY, SOUTH CAROLINA: SECTION 1. Legislative findings. As an incident to the adoption of this ordinance, the York County Council, as the governing body of York County, South Carolina, has made the following legislative findings: 1.1 Council is empowered to enact ordinances for the implementation and enforcement of powers granted to Council pursuant to Sections (9) and (17), S.C. Code Ann., as amended and to exercise such other powers as necessary to promote the health, safety, and welfare of York County. 1.2 After experiencing a decline in residential development during the recession, generally 2008 until 2012, the County is experiencing a marked increase in residential development. 1.3 This increase in residential development is evidenced by the increase in the number of residential building plans reviewed and approved and apartment developments reviewed and approved. In calendar year 2014, the County reviewed 1,855 residential building plans, and in 2015, the County reviewed 2,534 residential building plans. In 2015 and 2014, the County reviewed and approved six and seven separate apartment developments, respectively. In 2013 and 2012, the County reviewed and approved three and one apartment developments respectively. 1.4 As a result of this increase in residential development (single family and multifamily), the County s residents are experiencing longer delays in traffic, the Level of Service (LOS) for transportation infrastructure is being impacted, and the County is experiencing difficulty in maintaining an acceptable LOS for roads and intersections. 1 Packet Pg. 98

2 1.5 The impacts to the existing transportation network potentially affect the public health and safety by: (A) Making commute times longer; (B) Increasing traffic accidents due to unacceptable LOS; (C) Reducing emergency service response time due to congested roads; (D) Suppressing economic development as companies decide not to relocate to the County or suspend expansion plans over concerns for commute times and adequate transportation infrastructure; and (E) Threatening gains made in air quality (reduction in ozone and carbon monoxide levels) by having more vehicles idling on congested roads. 1.6 Council finds that this ordinance will provide the County with an opportunity to: (A) Evaluate the existing transportation network and LOS; (B) Prepare a comprehensive transportation plan and/or finalize the 2035 Update to the Comprehensive Plan in order to assist the County in maintaining an acceptable LOS for its transportation network; (C) Identify roads and intersections with an unacceptable LOS and identify methods and timeframes for improving these areas to an acceptable LOS; (E) Ensure growth and improvements to road infrastructure are concurrent; and (F) Promote the public health, safety, order, and general welfare. SECTION 2. Ordinance By the power and authority granted to the York County Council by the Constitution of the State of South Carolina and the powers granted to York County by the General Assembly of the State, it is ordained and enacted: 2.1 The Planning and Development Services Department (Department) shall prepare a master transportation plan or present to County Council the final draft of the 2035 Comprehensive Plan update to ensure the timing of transportation improvements are either concurrent with development or require property owners or developers to install the necessary transportation related infrastructure to address impacts from proposed development. 2.2 The Department shall be precluded from accepting any applications for rezoning to the RC-I, RC-II, RD-I, RD-II, PD, and BD-III districts if the proposed rezoning is for residential uses (single family or multi-family) and from accepting preliminary plats or site 2 Packet Pg. 99

3 plans, related to residential development (single family or multi-family), for review and approval commencing with the adoption of this ordinance and ending December 31, 2016, for any property located within the unincorporated area of the Fort Mill Township (Township). A map showing the Township is attached hereto and incorporated herein as Exhibit A. This preclusion is imposed in order to allow the Department to conduct the work specified in section 2.1 above. 2.3 Preliminary plats or site plans submitted prior to the adoption of this ordinance will be considered vested. Rezoning applications submitted prior to the adoption of this ordinance will proceed through the rezoning process. 2.4 If a proposed residential development (single family or multi-family) is a phased development and at least one preliminary plat or site plan has been submitted prior to the effective date of this ordinance, the development shall be considered vested, and the Department shall continue to review and process all subsequent preliminary plats and site plans. 2.5 If a property is subject to an existing Development Agreement, the property is specifically exempted from this ordinance. SECTION 3. Public Hearing Required. The York County Council shall conduct a public hearing after publishing a notice of the date, time and place of such hearing at least fifteen (15) days in advance of such hearing before final legislative action is taken for the adoption of this ordinance. SECTION 4. Severability. The provisions of this ordinance are hereby declared to be severable, and if any provision or section of this ordinance is declared to be unconstitutional or unenforceable by the final order of a court of competent jurisdiction, such declaration shall not affect the constitutionality, legality or enforceability of any other section or provision of this ordinance, which shall be deemed severable, valid, enforceable and effective. SECTION 5. Repeal of inconsistent sections and ordinances. All sections of the York County Code of Ordinances and all York County ordinances in conflict with this ordinance are hereby amended to the extent of such conflict. 3 Packet Pg. 100

4 SECTION 6. Effective date. This ordinance shall take effect immediately upon adoption. Adopted this day of, YORK COUNTY COUNCIL 1 st Reading: 2 nd Reading: Public Hearing: 3 rd Reading: By: J. Britt Blackwell, O.D., Chairman York County Council Attest: William P. Shanahan, Jr. County Manager 4 Packet Pg. 101

5 «49 Carowinds Blvd Highway 51 Twin Lakes Rd India Hook Rd Boundary Herlong Av «274 Cherry Rd March «72 Celanese Rd Fort Mill Township Gold Hill Rd Council Districts District 1 - Johnson District 5 - Cox District 7 - Williams Other Elements Municipalities Mt Gallant Rd Highway 160 W Anderson Rd N «160 Anderson Rd S Highway 160 W Sutton Rd N Sutton Rd S Cherry Rd Eden Ter Cel-River Rd Sb Interstate 77 Highway 21 Byp S Pleasant Rd Spratt St Nb Interstate 77 Highway 21 Byp N White St N Fort Mill Pkwy Dave Lyle Blvd Miles Highway 21 Old Nation Rd Regent Pkwy Old Nation Rd Steele St Tom Hall St Springfield Pkwy Dobys Bridge Rd N Highway 160 E Neely Store Rd «160 Dobys Bridge Rd S Temporary Residential Development Suspension Area Packet Pg. 102