The Town does not own this property and it is not determining what will be placed there. To repeat, the current owner is trying to sell and a potential buyer would like to operate a full service car wash.
The Town's Planning Director applies our land-use ordinances. As a practical matter, I promptly learn about most proposed developments in the Town and especially when what for us is a major commercial redevelopment is proposed for Folly Road. However, our ordinances generally leave little room for discretion and there is just no question of the Mayor being in a position to make a decision about whether a proposed development will go forward.
The initial plan for the car wash was contrary to Town ordinances in two ways. One problem was that cars would wait under the canopy of a grand tree. It is the large live oak tree to the left of Huff's Seafood. The second problem was that a portion of the car wash would encroach too near the critical line, which is the official demarcation of the edge of the salt marsh.
Those seeking to open the car wash could have changed their plans, but under Town ordinances, they have the legal right to seek a variance. Our Town ordinances follow the requirements of the South Carolina Code, which gives the Town's Board of Zoning Appeals (BZA) the sole authority to grant variances.
The Planning Director processes applications for variances, but does not approve them and has no authority to reject them. The BZA is appointed by Town Council. It acts as a quasi-judicial body. State law prohibits the Town staff, the Mayor or Town Council from either granting or denying variances.
An application was made for the variances, the public was notified, but the application was withdrawn. Those trying to open the car wash chose to redo their plan. Their new plan seeks to put part of the car wash on the neighboring parcel, which is the location of Title Max. With this change, they will no longer encroach on the required buffer for the marsh, but they still plan to have cars waiting under the canopy of the oak tree.
An applicant can always withdraw a pending application. To prevent them from applying repeatedly, there is a one year waiting period before reapplying. However, the BZA may grant a waiver of the waiting period at the request of the applicant. At their March meeting, the BZA granted the wavier.
Perhaps as soon as April, the BZA will consider an application for a variance regarding cars waiting under the canopy of the grand tree. I believe their decision should depend on the potential harm to the tree. The applicant will almost certainly have an arborist on hand to testify.
However, there is an additional requirement that applies to this parcel because of its location. The underlying zoning is community commercial, and car washes are a "use of right" in a community commercial zone. But this parcel is in the Folly Road Overlay. This overlay zoning district makes a variety of uses "special exceptions." As a vehicular service, a car wash is prohibited unless the Town grants a special exception. Our ordinances give the sole authority to grant such special exceptions to the BZA.
A requirement that a car wash obtain a special exception allows the BZA to impose additional conditions on the use. Usually, such conditions are aimed at protecting residential neighbors from excessive noise or light. I believe protecting the environment, particularly the Town waterways from spills, would also be possible.
However, I believe that the BZA may also consider the broader purposes of the Folly Road Overlay.
(B) Purpose and intent. The purpose of the FRC-O, Folly Road Corridor Overlay Zoning District, is to create a corridor that is well-planned and attractive through the implementation of consistent land use and design standards with adjacent jurisdictions and utilizing traffic safety measures and access management for vehicles and pedestrians to ensure safe and efficient traffic movement.
I must admit that another car wash, even a "full service" one, is not the sort of business that I would count as an improvement for Folly Road. I think that the best way to improve Folly Road, which is the goal of both the Folly Road Overlay and Rethink Folly Road. is to recruit desirable businesses to the area and have them seek to buy land that the current owners are trying to sell. The Town has been looking into funding just such an effort. We hope that this can be a joint project with the other local governments participating in the Folly Road Overlay and Rethink Folly Road.
A few days ago, I read on "Next Door" a copy of a post from "Save James Island" that claimed that the Town's BZA was meeting without having posted an agenda and implying that the Town was trying to sneak in this car wash without public scrutiny. In truth, an agenda had been posted as usual and all that was before the BZA was a proposed waiver of the waiting period. In no way has the Town been seeking to have a car wash at this or any other location, much less trying to do so in secret. It is sad that there has been a regular pattern of false and malicious rumors. It is just dirty politics.
The Town, and more specifically, the Town's BZA, must apply our ordinances in a fair and reasonable way. Any unreasonable or arbitrary action by the BZA will only result in an appeal to circuit court with the result that the car wash (or worse) will appear along with the Town having to pay substantial legal fees. We must do things right. We must follow the proper procedures.
