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Edgefield County, South Carolina

June 16, 2005


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Trenton residents hold meeting with county officials

Edgefielddaily.com
web posted June 16, 2005


Pictured above: (Left to right) County Administrator Wayne Adams,  Trenton Residents: Nadine Horne, Mark Roberts, and Keller Harmon

Nadine Horne, of Trenton Lakes, joined with Mark Roberts and Keller Harmon in hosting a meeting with county officials Wednesday night, June 15. Among the County Officers present were County Administrator Wayne Adams, Building and Planning Director Howard Gibson, Zoning Administrator Guy Mueller, and Planning Commission Vice-chairman Roger Timpson.

The purpose of the meeting was for residents of the Trenton Lakes and Courtney Road area to become informed on how they can prevent a large chicken farm from being constructed on nearby property which they claim will have “disastrous” effects on the bordering neighborhoods which we reported on previously. The effects, they claim, go as far as affecting such large reaching areas as the entire Edisto River Basin areas that begin in Edgefield County. They also sought to obtain instruction on the process of implementing zoning in the area in order to stop other such operations.

Administrator Wayne Adams was first to speak telling the residents the county understood, “the residents of these communities are against chicken houses going in”, and that, “The role of the county council would be, more or less, in land use.”  Mr. Adams explained that zoning or setbacks were the best tools the county had for controlling, “undesirable or incompatible uses”, and explained the time each takes to implement.

“To go through the process it could take several months,” Mr. Adams explained as changes have to go through the planning commission before ever being brought before council. After council is presented with the findings it still takes three readings and a public hearing before changes could go into effect.  Adams also explained the issue of Vested Rights, which the county council will hold a final reading of the county ordinance on Wednesday, June 22. Vested Rights is when someone has a planned use of property which conflicts with land use restrictions that may be in place or come into place at a later date.

“Mr. Cato (the Trenton businessman who wants to introduce the farm) has not applied for a permit with the county so he has no ‘vested rights’ yet,” Mr. Adams said. Ms. Horne stated Mr. Cato has already received his permits from the federal government and they have filed legal actions against him in District Court to stop any construction from going further until the permits can be reviewed by an Administrative Law Judge.

Building and Planning Director Howard Gibson said as long as the matter is tied up in legal action he cannot issue any permits until the legal matters are resolved but once resolved,"if he requests a permit I have to give it to him," he said. The group hopes the suit will stop this project from going further but their concerns are directed at the next business venture that they may have to deal with.

Mr. Adams explained that there were two processes available to the group, the first being zoning which is a longer process and involves two aspects, “text and map,” he said. A shorter process available would be to alter existing regulations on setbacks which would just be amending existing ordinances. Howard Gibson explained that altering the setbacks affects the whole county and, “you generally will find more opposition when you change something that affects everybody, not just your area,” he said.

However, even setbacks fall back on having to pass state muster, “The state wont let the county enforce more stringent setbacks than the state allows,” Adams said, “they want it to be a state issue, not a local one.” The group inquired on who could determine setbacks and Mr. Adams informed them that was up to the planning commission and that they, “look at what other counties are doing or have done,” and try what has worked he said.

Mr. Adams explained that when the issue of zoning comes up it brings back bad memories for many in the county, “some (citizens) sued over zoning,” he said, “we won the case because you can’t zone by referendum.” Though zoning by referendum had been upheld in Anderson County, the suit brought against the county on zoning was with a legal and certified petition requesting the county be polled on the question of whether zoning should be implemented or not, not how.

Mr. Gibson explained that about 10% of the county is zoned under three main classifications, residential (the most restrictive), general development, and industrial. The other two classifications under land uses are light commercial and unzoned, which is still controlled by the zoning ordinance.

 Mr. Gibson explained that the current classifications help and hinder the group, “I don’t believe the RD (residential) is what you want,” he said because it was too restrictive on many of the present uses and what would probably be coming in the future that would benefit the area. “You have to look down the road,” he said when planning such measures saying there may be things the area will want and need that would be disallowed under zoning restrictions and passed out explanations of the allowed and disallowed uses of the present Sweetwater Road zoning uses.

Mr. Harmon asked, “Can we customize our own district?” Mr. Adams explained that by allowing one such request gives way for more and that doing so can lead to zoning becoming, “so proliferated that it can’t be enforced.” Mr. Gibson warned the group to, “be cautious what you wish for,” because of unexpected outcomes down the road.

The area involved would stretch from the Pinehouse Crossroads down highway 19 to Courtney Road and lands around that which would encompass about a two square mile area Mr. Roberts explained. Both Mr. Adams and Mr. Gibson advised the group to talk to all effected property owners and perhaps obtain a petition and with that, “the planning commission and the county would be supportive to the idea,” Mr. Gibson said. Mr. Gibson stated the area was, "about a quarter mile away," or "just one tax map away," from currently zoned areas.

Courtney Road is actually almost three miles from the Pinehouse Crossroads.

Mr. Harmon asked what the county’s position was on zoning and Mr. Gibson explained that the county was, “after the protection of property”.

Ms. Horne and the group have been added to the July 5 County Council agenda and will present their requests at that time in a more detailed presentation.

Mr. Ron Cato has not been contacted for his side of this story yet and this story reflects only one side of the conflict.



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