I appreciated the article in the JIM about development on James Island. However, I would like to make some clarifications.
The picture is of a development under the jurisdiction of the City of Charleston. It is just north of the location of the 300 unit apartment complex that is proposed for a 10 acre parcel under the jurisdiction of Charleston County. I am not sure what is being built on that parcel.
I think it is better to use the term "jurisdiction" rather than "owned." The City of Charleston owns some parks and fire stations on James Island. The Town owns two parks and we are in the process of purchasing land for Town Hall. However, a very substantial portion of James Island is under the jurisdiction of the Town and a slightly larger portion is under the jurisdiction of the City of Charleston. A small portion of James Island is under the jurisdiction of the City of Folly Beach and a large portion of James Island is unincorporated. Unincorporated means that it not in any municipality. While all of James Island is in Charleston County, the unincorporated portion is solely under the jurisdiction of Charleston County.
The article says that the zoning in "the city" is 3 units per acre. Usually, when James Islanders say "the City," they are referring to the City of Charleston. The term for the Town of James Island is "the Town." The City of Folly Beach is mostly on Folly Island, but it does cross over to James Island a bit, and that is usually described as "Folly Beach" or "Folly." And then, we have "the County." That is the unincorporated portion of James Island.
Nearly all of the jurisdiction of the Town is RSL, which is single family residential. The maximum density allowed is 3 units per acre. Of course, most of the Town is already developed with single family residences. The City of Charleston has more variety in zoning districts on James Island, but a good bit of it is single family residential that allows for a bit more than 5 units per acre. This allows for approximately 60% more homes in a new residential subdivision. To say that zoning in "the city" is three units an acre is confusing.
In "the County," the unincorporated portion of James Island, the residential zoning generally in between the Town and the City. It is 4 units per acre. However, the south portion of the Island, between Fort Johnson and Sol Legare, is a "special management area," with residential zoning consistent with the Town--also 3 units per acre.
Nearly all of what is now the unincorporated area of James Island was in the Town before 2011. (There were about 10 houses that were in the unincorporated area of James Island between 2006 and 2011.) When the Supreme Court ordered the Town dissolved because of the suit by the City of Charleston, everything that had been in the Town was now back to being unincorporated Charleston County. Charleston County put the southern part of James Island into the special management area that maintained the Town's less dense zoning, though most of James Island returned to the County standard 4 units per acre.
When the Town was incorporated for the fourth and final time in 2012, residential areas in the Town returned to the 3 units per acre. Those areas that remain unincorporated in the northern parts of James Island, such as Riverland Terrace, still have a residential zoning of 4 units per acre.
There are some parcels zoned for multifamily in the Town, and they were all developed with apartments many years ago. What about the new apartment complexes opening all the time on James Island? They have been in areas under the jurisdiction of the City of Charleston.
Most of the new single family residences built on James Island have also been in areas under the jurisdiction of the City of Charleston. Since I have been Mayor, the only new residential development approved in an area under Town jurisdiction is the Preserve on Dills Bluff, which will have about 30 homes. A 10 home development off of Fort Johnson Rd, next to Highwood Circle, is moving forward and will likely have final approval soon. Both of these developments have no more than 3 units per acre. And, of course, there have been a few homes built on vacant lots here and there in the Town over the years.
However, there is some area in the Town zoned for commercial or office uses, mostly along Folly Road. The Town's community commercial zone allows for multi-family residences as well as a variety of businesses, but with a density of 4 units per acre. For the typical commercial parcel in the Town, this would allow for an apartment or two along with the business. There have been many new businesses that have opened in the Town on Folly Road and none of them have included any apartments so far.
The area of Folly Road in the Town is mostly been Ellis Creek and Fort Johnson Road. However, there are a good number of parcels under City of Charleston jurisdiction in this area. Going north beyond Ellis Creek, there are a few parcels in unincorporated Charleston County but more and more is in the City of Charleston. Along Maybank, it starts in the City of Charleston at Folly, and then becomes mixed with some in the City but a good bit in the County.
Heading south from Fort Johnson, there are a few businesses and residences in the Town on the Fort Johnson side, but soon it is in "the County" interspersed with parcels under the jurisdiction of "the City." The large apartment complex that recently replaced the junkyard is in an area under City jurisdiction.
What has changed recently is that a new, very large, 300 unit apartment development is proposed for an area under the jurisdiction of "the County" That is, in unincorporated Charleston County. It is on a parcel that was in the Town until 2011. As I have explained before, its zoning has remained community commercial all along. The Town would have allowed 40 apartments on the 10 acres, but because it is now in the County, 120 units would have been allowed, but because of this "mixed use overlay," they can more than double that amount.
Most of the parcels in "the County" heading further south towards Folly have a base zoning of 3 single residential units per acre. While the version of the Folly Road overlay negotiated with the Town, County and City would have kept that, the County's version makes most of it "neighborhood commercial." We will see what happens, but that move by County Council could easily result in all of Folly Road between Fort Johnson and Sol Legare being filled with businesses.
The article in the JIM also discussed annexation into the Town. There is no legal procedure in South Carolina for the owner of parcel in the City of Charleston to "annex" to the Town of James Island. There is a provision in South Carolina law that allows municipalities to agree to readjust their boundaries and this could be used to move people from the City of Charleston to the Town of James Island or vice versa. I think the law would be clearly applicable when these areas are on a boundary between the Town and City.
What South Carolina law clearly lays out is procedures for a municipality to annex parcels that are contiguous (right next to) their current boundary. Again, this does not apply to parcels already in another municipality. The Town of James Island cannot annex territory that is already in the City of Charleston and the City of Charleston cannot annex territory that is already in the Town of James Island. That means that annexation is only possible for the unincorporated portions of James Island--what we call the areas in "the County." In other words, those portions of James Island that are not currently in the Town of James Island, the City of Folly Beach, or the City of Charleston might be annexed to one of those three municipalities.
One of my goals, shared by all members of Town Council, is to "reunite the Town." Because nearly all of the unincorporated area of James Island was in the Town before 2011 (other than about 10 houses,) this means that the Town is seeking to annex everything in "the County." However, when the Town was incorporated in 2012, everything on James Island that was clearly contiguous was already included.
Senator Thurmond and Representative McCoy filed bills in Columbia that would allow the Town to annex unincorporated areas on James Island despite breaks in contiguity. The first bill passed the House in 2014, and a heavily amended version of the bill passed the Senate Judiciary committee but then was blocked from going for a final vote by a hold placed by a single Senator. After the session ended in 2014, we had to start over. The amended version of the bill was refiled by Senator Thurmond in 2015. Representative McCoy filled a different bill in the House in May.. Hearings should be scheduled on it soon. If it passes, it will still have to pass the Senate and be signed by the Governor. If and when that happens, the Town would sponsor a petition drive for registered voters in the unincorporated areas of James Island and after enough signatures are obtained (about 1,000) there would be an election. If the majority of those who were in the Town but are not now want to return, then the Town would be reunited.
If the Town were reunited, then the Town's zoning ordinance would apply to all portions of the Town. If this 300 unit apartment complex continues to go forward, the change in jurisdiction won't stop it. We will welcome the residents of the apartment complex as new residents of the Town. But such a large development would not happen again--at least not without plenty of public notice and a vote by Town Council for a rezoning. Well, and a change in our comprehensive plan and zoning ordinance to allow new apartment complexes. However, this will have no impact on the development on the many parcels that are under City of Charleston jurisdiction.
The Town accepts requests for annexation into the Town. If you live on James Island and want to be in the Town, we want to know who you are. When we figure out a way to annex you to the Town, we will certainly let you know.
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