York County zoning code gets first changes

The first parts of a county zoning code overhaul are complete. But Lake Wylie’s representative doesn’t believe they go far enough.

York County Council passed the final reading Nov. 16 on several changes effecting how land can be used in certain zoning districts. Councilman Bruce Henderson says the changes haven’t addressed the issue that spurred a new look at the code – high density development near Lake Wylie.

“I feel like we are defeating the purpose,” Henderson said. “There’s a lot of good in here. I realize that. When you’re talking about trying to get away from density close to our water source. I’m going to mention it until the very bitter end, …we have defeated the purpose.”

Last year, dozens of Lake Wylie residents protested projects near the lake. They argued apartments, townhomes or even high density single-family home developments will stress roads and schools, but also harm the environment. They pointed to creeks that fill with sediment near construction projects.

“That was the very purpose of the beginnings of this process, to lessen the density out there, to cut out the runoff,” Henderson said.

The county held public meetings and workshops since. They received similar feedback from Lake Wylie and Fort Mill residents, both high growth residential areas. Council broke the ordinance revision process into parts, which were finished Nov. 16, and those requiring more discussion, which came up the same night for the first of three readings.

Now, apartment complexes are allowed in five zoning classes. New rules restrict them to two, but those two are common zoning designations. If a land use is allowed on a property based on its zoning, development can happen with little say from the council or residents.

Henderson says keeping apartments as an option for so many properties endangers the lake.

“The county taxpayers are going to have to pay to dredge this lake where we can have water, or we’re going to end up having to have it piped in,” he said.

Henderson said the results of high density construction near the lake will outlast council members making these decisions.

“Somebody will pay dearly,” he said.

Councilwoman Christi Cox said water quality is “still an issue on the table,” and council has no choice but to work to protect it. She voted in favor of the recent revision.

“Council members have said all along, this is the first step in the right direction,” Cox said. “I’m not prepared to give up on what the other folks in our community have consistently cried out for.”

The larger issue, she said, is creating an ordinance that allows the county to cope with high demand for new construction.

“What we’re trying to do is make sure our infrastructure can deal with it,” Cox said.

The remaining revisions deal with trucking operations, buffer yards and building density. New rules would limit densities based on the type of construction.

Planning director Audra Miller said the single-family home limit would be 2.5 per acre. The county could set a new zoning classification to allow higher density if needed, she said. As infill development occurs, where builders bring plans for smaller sites in areas already largely developed, projects can lean toward higher density.

“I’m not saying there is a demand right now, Miller said. “I’m saying it is a possibility.”

Another concern is buffers, where council and planning commission members worry about properties set aside in development but never maintained. If homeowner groups and developers don’t settle on who owns the property, it can be sold at tax sale and used as a nonbuffer area with little county enforcement. Some leaders say the buffers should be removed from development requirements, while others say more should be done to allow the county to enforce them.

The pending changes on buffer yards would detail and interpret what the county already does.

“We really haven’t changed anything we’ve done historically,” Miller said. “We’re just putting it in the ordinance.”

Along with the ordinance revisions, the county is working on a comprehensive plan that will including public involvement. A public meeting should be held in January.

Separately, county planners are looking at a possible watershed area for Lake Wylie that could place new countywide requirements for water protection. Details on that plan haven’t been announced.

This story was originally published November 23, 2015 at 11:22 AM with the headline "York County zoning code gets first changes."