Public Hearing Report

County Councilwoman Johnson was right, and I was wrong.  Her remarks as reported in the Post and Courier were correct.

On July 18. 2006, Charleston Council passed a Folly Road Overlay District.   While the base zoning had and continues to have nearly all parcels residential, with just a few Community Commercial parcels, the Overlay was all Commercial Transitional.   The parcels in the 2006 Overlay were the same (at least approximately the same) as in the Overlay passed by the Town last fall and before County Council for third and final reading on May 20th.

What else happened in 2006?   The Town was incorporated for the third time.  The referendum forming the Town had already passed on June 20, 2006.  Still, less than a month later, County Council passed this new Overlay District allowing commercial development on Folly Road, none of which was going to be in their jurisdiction for long.

However, the Town  could only begin operation after electing a Mayor and Council, which occurred on August 30th.    So, there was approximately a one month period during which Charleston County used this new Overlay to allow commercial development on Folly Road.

The Town adopted the County's base zoning, but never recognized this Overlay.   Members of Town Council from 2006, as well as the Chairman of our Planning Commission from the time, (all of whom were at the meeting tonight) knew nothing about it.  So, something very close the current base zoning applied between August 30 of 2006 to June 20, 2011.   That is when the Supreme Court ordered the Town closed.  Suddenly, all of us who were in the Town were now part of unincorporated Charleston County.   And the Charleston County Planning Department began to apply that long dormant Overlay District again.

When the Town reopened in August of 2012, it didn't include the Neighborhood Preservation area.   Because of questionable contiguity, Grimball, Sol Legare, and Battery Island were all left out.  (And it is one of my key goals to bring them back.   We hope to give them a chance to vote on joining us again in 2016.)

Soon work began on revising the Folly Road Overlay District from Harbor View Road to Folly Beach.   Charleston County Planning reached out to the Town to begin the process.  The proposed "Neighborhood Preservation" area would have zoning consistent with what had existed when it was in the Town, from 2006 to 2011.  

However, the current zoning in the Overlay District is Commercial Transitional.   Aside from that one month in 2006, it has been that way from June of 2011 to today--nearly three years.

It was news to me.   Councilwoman Johnson told me that she didn't know it at first either, but only found out about it more recently.

She has proposed an amendment to the "Neighborhood Preservation" Area so that it will all become Neighborhood Commercial.   This is a less intensive commercial zoning than Commercial Transitional.   Her amendment also would keep the specific uses prohibited in the area.   She also proposed allowing small hotels and motels.   And she proposed added restrictions on noise and late deliveries.

At the Public Hearing, Chairman Pryor first asked that people who live in the Neighborhood Preservation area be allowed to speak.   I thought that was very sensible, because they are most directly effected.   I thought he said that others would get to speak later.   Councilman Qualey then spoke, explaining how the Town had responded to the requests of the people in the community to prevent commercial development.   Councilwoman Johnson spoke next, explaining that the current zoning for the Overlay District was Commercial Transitional.

Then residents of the Neighborhood Preservation area were invited to speak.  I had hoped that those who don't live in the Overlay, but right next to it, in Grimball, Battery Island, and the Grimball extension areas would get a chance to speak too.

Most of those who live on Folly Road were passionate about keeping the area residential.  However, there were several who spoke in favor of giving people a choice to sell (or lease) their property for commercial uses.

Then some of the folks who lived in the wider community spoke.   Former James Island Town Councilman Parris Williams spoke against the proposal to make the zoning commercial.   Ron Middleton, a long time leader in the Grimball Community,spoke in opposition as well.   Battery Island leader, Giovanni Richardson also spoke against it.   And Liz Singleton, former chair of the James Island Planning Commission spoke in favor of keeping the zoning similar to what had existed when the area was in the Town.

I want to thank Chairman Pryor for recognizing me to speak.   I apologized to Councilwoman Johnson (and later emphasized to her that she was right and I was wrong.)   In my remarks, I pointed out that this Overlay District allowing Commercial Transitional hardly existed since the Town was formed the same year.    And that it did not apply in part of 2006, 2007, 2008, 2009, 2010 and part of 2011.   And then what happened?   They took away our Town and suddenly, this section of Folly Road was open to commercial development.

After that, Chairman Pryor closed the meeting.   This was very controversial, with many people from all over James Island wanting to speak.   Councilwoman Condon and Councilman Qualey urged that others get to speak too.

What will happen next?    Third reading of the Folly Road Overlay District will be at the County Council meeting at 6:30 on May 20th.   Chairman Pryor said that others who wanted to speak would be welcome to speak then.