YORK COUNTY GOVERNMENT

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1 YORK COUNTY GOVERNMENT Planning & Development Services MEMORANDUM TO: FROM: RE: DATE: May 9, 2016 York County Council York County Planning Commission Eddie Moore, Development Services Manager PROPOSED CHANGES AND UPDATES TO THE TRANSPORTATION CORRIDOR PRESERVATION OVERLAY Customer Service (803) Building & Codes Division (803) Planning Division (803) Zoning Division (803) Administration (803) Planning & Development Services has been working to improve the County s ordinances and appreciate your assistance as we work through these important items. We will be continuing to identify items to address in the County s ordinances and listening to feedback from elected and appointed officials, members of the development community, residents, and other stakeholders to continue to improve the County s ordinances to better address the needs of the public. The following is a tentative adoption schedule: May 9, 2016: Planning Commission Recommendation May 16, 2016: Council First Reading June 6, 2016: Council Second Reading with Public Hearing June 20, 2016: Council Third Reading During the April 14, 2016, Quarterly Development Community Workshop, staff presented the proposed changes, and there were no major concerns and responses raised during the workshop. The following is a summary of draft recommendations created by Planning & Development Services. The attached proposed changes have been reviewed by the Office of County Attorney and Engineering Department Pennies for Progress staff. Staff recommends approval of the proposed draft ordinance changes. CHAPTER 155: ZONING CODE 1. Remove all Capital Sales and Use Tax Program road projects from the transportation corridor preservation list that are complete or no longer need protection, thus reducing confusion for the public and the development community. 2. Ensure that all projects identified in the Capital Sales and Use Tax Program are included in the transportation corridor preservation list and that future development will not conflict with the completion of the projects, thus protecting future capital and private investments. 3. Update the transportation corridor preservation list and remove any reference to Capital Sales Tax and Use Program projects with completed right-of-way acquisition. Thank you for your attention to this matter and please contact me at eddie.moore@yorkcountygov.com or with input or questions. 1

2 Ordinance No.: Adopted: AN ORDINANCE TO AMEND THE CODE OF THE COUNTY OF YORK, SOUTH CAROLINA, CHAPTER 155, SECTIONS , , , , AND , IN ORDER TO amend AND UPDATE TO THE TRANSPORTATION CORRIDOR PRESERVATION OVERLAY ORDINANCE FOR THE PURPOSE OF REMOVING REFERENCES TO THE 2003 PENNIES FOR PROGRESS PROJECTS; REPLACING SPECIFIC PENNIES PROGRAM REFERENCES WITH CAPITAL PROJECT SALES AND USE TAX PROGRAM; REMOVING COMPLETED ROADWAY PROJECTS FROM THE LIST OF ROADS INCLUDED IN THE TRANSPORTATION PRESERVATION CORRIDOR; 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), (14), and (17), S.C. Code Ann., as amended and to exercise such other powers as may be authorized for counties under Sections et seq., S.C. Code Ann., as amended. 1.2 Council finds that this ordinance will: (A) Remove all Capital Sales and Use Tax Program road projects from the transportation corridor preservation list that are complete or no longer need protection, thus reducing confusion for the public and the development community; (B) Ensure that all projects identified in the Capital Sales and Use Tax Program are included in the transportation corridor preservation list and that future development will not conflict with the completion of the projects, thus protecting future capital and private investments; (C) Update the transportation corridor preservation list and remove any reference to Capital Sales Tax and Use Program projects with completed right-of-way acquisition; and, (D) Promote the public health, safety, order, and general welfare. SECTION 2. Code of York County Amended. 1

3 TRANSPORTATION CORRIDOR PRESERVATION OVERLAY Chapter 155, Section PURPOSE AND INTENT. Chapter 155, Section within the York County Code of Ordinances is hereby (A) The York County Council finds the need for additional setbacks for road improvements identified in the 2003 and Pennies 3 (2011) Capital Projects Sales and Use Tax Programs, York County Transportation Plan, and/or the Rock Hill-Fort Mill Area Transportation Study (RFATS) Long Range Transportation Plan to: (1) Assist in the preservation of public health, safety, and welfare and to aid in the harmonious, orderly, and beneficial development of the county in accordance with the Comprehensive Plan; (2) Provide for the preservation and protection of corridors where transportation improvements are scheduled to occur; and (3) Minimize impacts associated with road widening and new road construction. (B) This chapter shall apply to all land within York County which abuts or is located within corridors identified in within the 2003 and Pennies 3 (2011) Capital Projects Sales and Use Tax Programs, York County Transportation Plan, and/or the Rock Hill-Fort Mill Area Transportation Study (RFATS) Long Range Transportation Plan. Chapter 155, Section ADMINISTRATION. Chapter 155, Section within the York County Code of Ordinances is hereby Any proposed structure or development which abuts or is located within a corridor as stated in by the 2003 and Pennies 3 (2011) Capital Projects Sales and Use Tax Programs, York County Transportation Plan, and/or the Rock Hill-Fort Mill Area Transportation Study (RFATS) Long Range Transportation Plan will require the review by the transportation planner prior to receiving site plan approval and/or zoning compliance, in order to assess the impact of any proposed development on the road improvement and to ensure that the cumulative setback requirement is being met. Chapter 155, Section PROTECTION FROM ENCROACHMENT. 2

4 Chapter 155, Section within the York County Code of Ordinances is hereby No building, site, structure, or facility shall be erected, constructed, reconstructed, moved, added to, or structurally altered within the limits of the Minimum Preservation Corridor as defined in of the Transportation Corridor Preservation Overlay for any proposed street or highway improvement included in within the 2003 and Pennies 3 (2011) Capital Projects Sales and Use Tax Programs, York County Transportation Plan, and/or the Rock Hill-Fort Mill Area Transportation Study (RFATS) Long Range Transportation Plan. Chapter 155, Section ESTABLISHMENT OF SETBACKS. Chapter 155, Section within the York County Code of Ordinances is hereby When a future alignment right-of-way for a road improvement has been established by the appropriate reviewing agency, the setback and bufferyard requirements shall be applied to the approved alignment right-of-way. Where an alignment for expanding an existing road or highway has not been determined, no construction or development shall occur on properties within the limits of the Minimum Preservation Corridor until a final alignment has been determined by the appropriate agency or until York County Planning and Development, in coordination with appropriate agencies, has determined that the proposed construction or development will not have a negative impact on the future alignment or corridor. Chapter 155, Section LIST OF ROADS. Chapter 155, Section within the York County Code of Ordinances is hereby The following roads have been identified for inclusion in the preservation corridor requirements. Project Description Location Minimum Preservation Corridor Limits 2003 Pennies For Progress Fort Mill Southern By-pass Phase II Springfield Parkway near it's intersection with SC Highway 160 to Holbrook Road As shown on FMSB drawing dated 4/16/07 3

5 SC Highway 97 Project Tega Cay/Gold Hill Road Connector From US Highway 321 in York to SC SC Highway 211 to Nimitz Road From Gold Hill Road in the vicinity of Deer Creek Drive to Hubert Graham Parkway 120 feet As shown on TC/GH Road Drawing dated 07/25/2011 McConnells Highway (Heckle Boulevard to Falls Road) Mt. Gallant Road (Dave Lyle Boulevard to Anderson Road) Ebinport Road (Cherry Road to India Hook Road) From Heckle Blvd (SC Highway 901) To Falls Road. 300 feet south of Dave Lyle Boulevard to 300 feet north of Anderson Road From Cherry Road (US Highway 21 Business) to India Hook Road 100 feet Project Description Location Minimum Preservation Corridor Limits Pennies 3 (2011 Pennies For Progress) Riverview Road (Eden Terrace to SC Highway 161) SC Highway 557 (Kingsbury Road to SC Highway 49) SC Highway 160 (Tom Hall StreetSpringfield Parkway to County Line) SC Highway 72 (SC Highway 901 to Rambo Road) SC Highway 72 (Albright Road) From 300 feet south of Eden Terrace to 300 feet north of SC Highway 161 (Celanese Road) From 300 feet west of Kingsburry Road to SC Highway 49 From 300 feet west of Springfield Parkway to Sugar Creek Bridge (County Line) From 300 feet south of East Rambo Road to Cedar Post Lane 120 feet Side Roads East Rambo Road, Dunlap Roddey Road, Oakdale Road, Harper Gault Road, Country Club Drive, Fairway Circle, Mallory Drive, Bellingrath Boulevard, John T Roddey Circle, Forest Road, Favorwood Drive and Rawlsville Road 100 feet 4

6 SC Highway 72 (SC Highway 901 to Rambo Road): Side Roads Mt. Gallant Road (Celanese Road to Twin Lakes Road) South of Mill Creek to SC Highway 274/Pole Branch Road intersection SC Highway 274/Pole Branch Road intersection to NC state line SC Highway 274/279 (Pole Branch Road): South of Mill Creek to SC Highway 274/Pole Branch Road intersection SC Highway 274/Pole Branch Road intersection to NC state line US 21 North Phase 1 (500 feet each) From 300 feet south of East Rambo Road to Cedar Post Lane East Rambo Road, Dunlap Roddey Road, Oakdale Road, Harper Gault Road, Country Club Drive, Fairway Circle, Mallory Drive, Bellingrath Boulevard, John T Roddey Circle, Forest Road, Favorwood Drive and Rawlsville Road (500 feet each) 300 feet south of Celanese Road to 300 feet north of Twin Lakes Road From just south of Mill Creek Road to SC Highway 274/Pole Branch Road intersection From SC Highway 274/Pole Branch Road intersection to NC state line From just south of Mill Creek Road to SC Highway 274/Pole Branch Road intersection From SC Highway 274/Pole Branch Road intersection to NC state line From 300 feet south of Springfield Parkway to 300 feet north of SC Highway feet SC Highway 51 SC Highway 160 West SC 321/Barrett/West Gate Connector Sutton Springs Road US 21 to the NC State Line From 300 feet south of Gold Hill Road to NC State Line 5-lane SC 321/Barrett/West Gate Connector (new two lane) From 300 feet north of SC Hwy 5 to SC Hwy 49 Cell River/Red River Road From 300 feet west of Cherry Road to 300 feet east of Eden Terrace Road Extension - 5-lane 120 feet As shown on the Corridor Drawing 100 feet As shown on the Corridor Drawing 5

7 Gold Hill Road/I-77 Fort Mill Southern Bypass/Spratt Road intersection From 300 feet west of Pleasant Road to 300 feet east of Deerfield Drive Redesign Interchange Realignment 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. SECTION 6. Effective date. This ordinance shall take effect immediately upon adoption. Adopted this day of, YORK COUNTY COUNCIL By: J. Britt Blackwell, O.D., Chairman York County Council 6

8 1 st Reading: Attest: William P. Shanahan, Jr. County Manager 2 nd Reading: Public Hearing: 3 rd Reading: 7