Demo at Fort Johnson Rejected by Town BZA

The Town's BZA rejected the request by MUSC to demolish three historic structures at Fort Johnson.

This included what is called the "storage building" which is falling to pieces and a clear health and safety hazard.   MUSC provided substantial documentation of its dilapidated state, including an engineering report.

It also included the "warehouse" building.  While MUSC asserted that it is also a safety hazard and irreparable, they provided no documentation.   The engineering report made no mention of this second building.

Finally, it included  a cistern.   The cistern is not operable.   MUSC provided documentation that it has structural problems, including an engineering report.   No evaluation was made about how the cistern might be saved.  

Councilman Mullinax had suggested that a concrete cap might be used to save it. MUSC's representative said it already had a concrete cap but that it was not safe to stand on.   

The Town had proposed as conditions that MUSC implement the mitigation required by SHPO and also that they maintain the harbor master's house so that it will not fall into disrepair as did the other buildings.

At the BZA meeting, a member of the Board stated that they could either accept demolition of all of the buildings or none.  That was an error.   The BZA could have approved demolition of any or all of the buildings.

The vote was 3 to 2 against approving the demolition.   The conditions were not approved.   The potential agreement to maintain the harbor masters house does not apply.   All of the buildings at the site, including the harbor master's house, appear likely to continue to deteriorate.

Demo by MUSC at Fort Johnson

Some time ago, MUSC proposed demolishing what they call "the President's House," an old cistern, and two accessory buildings.    This is located at end of Fort Johnson Road at what we usually think of as the Department of Natural Resources facility.   MUSC had in mind building a conference center in its place.  

The location provides one of the best views on James Island.    There is a small lawn in front of the house that provides a great view of Fort Sumter, the Ravenel Bridge, and the Charleston Peninsula.   The DNR area is open Monday through Friday from 9 to 5.   I suggest checking it out.

This entire area is in the Town and it is necessary to get a Demolition Permit from the Town before demolishing any building.   Of course, a zoning permit would have been needed to construct the new facility too.   MUSC's architects had been discussing the project with our Planning Director.

As the Town Planning Director discussed these plans with MUSC, she explained that they would need approval from the State Historic Preservation Office (SPHO) before demolishing what looked to be historical buildings.   They did go to SPHO, and SPHO said that these facilities were of historical significance.   MUSC ignored that, and got the state engineer to say they could demolish the buildings, though that letter said they needed to discuss it with their local government.   I ended up on the phone with the President of MUSC and explained that everyone involved, including any firm that did an illegal demolition, would be getting tickets.

Thankfully, that crisis ended.    MUSC agreed that they would only go forward with a demolition after they received a permit.   Plans for a new facility are on hold and the Town, DNR, the College of Charleston, and MUSC are looking to renovate what we like to call, "the Harbor Master's House," so that it is a shared use facility.   This is a multi-million dollar project and would require some contribution of funds by all the entities.  

However, the other buildings are more questionable.   One is falling to pieces.   They say the other has serious problems, but it is still standing.   The cistern looks solid enough, but it has a wooden top and MUSC is worried that someone might climb up there and fall through.

So, MUSC has put on permanent hold any plan to replace the "Harbor Master's House" or demolish it.   But they are proposing to demolish the cistern, and the two other buildings.   They worked with SHPO to develop a mitigation plan.

All of these buildings were given to MUSC by the U.S. government in the fifties.   For many years, the President of MUSC lived in the house that they were given.    However, for many years after that, it was a faculty office.   All of the buildings were likely built in the early twentieth century by the Federal government as part of the quarantine station.   Part of MUSC's mitigation is to pay for more research on the cistern and the buildings.   They will also provide interpretive signage on the site about the quarantine station.    They will carefully document the buildings that are demolished.

They are asking the Town's Board of Zoning Appeals for a variance to demolish these buildings that have historical significance along with the mitigation plan they developed with SHPO.    

I greatly appreciate that MUSC has agreed to follow proper procedure.

Dairy Queen Off Folly

Dairy Queen is proposing to open shop next to Wild Blue Ropes off of Folly Road.   The Folly Road Overlay requires a special exception for fast food restaurants, so they will be appearing at our next BZA meeting.   They are also seeking a variance to remove a 25 inch Hackberry Tree.  This tree is at the back of the lot for the proposed Dairy Queen.   It is along the BI-LO parking lot.  They are asking to remove the tree so that their driveway can be accessed from the BI-LO parking lot.    There is a large laurel oak in the middle of the property which is staying.   Neither of the very large live oak trees on  near  Highland Drive will be removed.

I like Dairy Queen and while I have nothing against Hackberry Trees, access to the BI-LO parking lot is desirable and consistent with the Rethink Folly Road plan.   To me, it seems like losing the Hackberry is better than losing the other trees.

I am commenting on this because I have seen claims that there is a proposal to remove a grand oak tree  on Folly Road for a fast food restaurant.   No live oak tree, grand or otherwise, on Folly Road or anywhere else, is being touched.  As for fast food restaurants, people who don't like them should not eat there.   I think seeking to ban them from Folly Road (or anywhere else in the Town) because you want to force other people to stop patronizing them is wrong.

Proposed Ban on Inflatable Signs

   At our last meeting, Town Council approved on first reading an ordinance adding "inflatable signs" to the list of prohibited signs in our Zoning Ordinance.   The vote was three to two.   I voted against.   Second and final reading is tonight.   I will again oppose this unnecessary change in our zoning ordinance.

   At the last meeting, it was claimed that this provision was needed to prohibit what are called "floater" signs.   These fill with air and then partially deflate and fill again.   Sometimes the sign is designed so it appear to be a sort of "dancing man."

   However, such signs are already prohibited by the Town.   Only certain types of signs are permitted by the Town and these "floaters" are not included.   The Town has required businesses to remove these floaters in the past.    This ordinance is not necessary to prohibit such signs.

    Last year, a temporary Christmas tree lot had a giant Santa.   The Santa was holding a sign.   The Town's Planning Director ordered Santa removed.   The merchant removed the sign, but the Planning Director insisted that giant Santa go too.   Giant Santa was replaced by a smaller Santa. 

    When I first heard about it, I determined that I would not overrule the Planning Director this time, but that in the future, I did not favor a ban on inflatable Christmas decorations.    The Planning Director asked the Planning Commission to consider adding inflatable signs to the list of prohibited signs.    The Planning Commission voted in favor as did the majority of Council at our last meeting.  

    I still do not favor a ban on inflatable Christmas decorations.   But I also don't consider them to be "signs."    I believe this amendment to our ordinance is pointless and unnecessary.

Public Hearing for Special Exception for Fast Food, Convenience Stores, and Gas Stations

    Town Council will have a public hearing on January 19 regarding a change in the Town's Zoning Ordinance so that fast food restaurants, convenience stores, and gas stations will require a Special Exception.

    Most of the Town's commercial district is on Folly Road, and the Folly Road overlay already requires a special exception for a fast food restaurants, convenience stores, and gas stations.   This means that those wanting to open those businesses must ask the Town's Board of Zoning Appeals for a special exception.   The BZA can deny the request or it can allow it with conditions.   These conditions can include limited hours, restrictions on lighting, and extra buffers to protect neighboring homeowners.   This change will make the zoning for the rest of our commercial districts the same.   That is primarily the area near Camp and Dills Bluff, where Town Hall is located, but there is also commercially zoned property near Harborview Road and Fort Johnson Road.

   I think putting this restriction in the Folly Road Overlay District was a mistake so I don't favor extending it to other areas.   I do not favor giving the BZA discretion to prohibit types of businesses so that they can in reality impose ad-hoc restrictions on them.
   
    I understand that 24 hour operations can cause problems for neighboring homeowners.   There are probably other characteristics of these businesses that are problematic.   I would rather that any special exception relate to these specific problems and to a location near residences.   (However, here on James Island, nearly all commercial properties are very near residential properties, so such a requirement is a bit redundant.)

Public Hearing on Mural Regulation

    Town Council will hold a public hearing at its regular meeting on January 19 to regulate murals.

    The Planning Commission voted last month to recommend a change in the Town's Zoning Ordinance that expressly limits murals on buildings to the allowed sign on the building.  In effect, this limits the size of a mural to a certain percent of the building's exterior.  

Table 153.341.C Wall/Facade Signs
Building Length Facing Street	Setback (ft.)	Maximum Size (sq. ft.)

50 feet or less	0 – 99	50
	100 – 399	100
	400 or more	150
More than 50 feet	0 – 99	Bldg. frontage x 1
	100 – 399	Bldg. frontage x 2
	400 or more	Bldg. frontage x 3

   When the James Island VFW on Camp Road notified me that Scott Labaido was going paint a U.S. flag mural on the front of their building, I was very pleased.   I was at the dedication.   I am glad that the James Island VFW is part of the 50 state flag mural project.

     The Planning Commission is recommending that the VFW mural be illegal.   (It could be a bit more than 7 by 14, allowing for their other 4 by 4 sign.) Fortunately, it would be grandfathered in, so the Town would not require the  VFW to paint over their U.S. flag.

      So, it could be worse.   But I don't want to make what the VFH did illegal.

      I will vote no, unless there is some provision to allow for exceptions.
     

Public Hearing for Rezoning Town Hall Site

Town Council will hold a public hearing at its January 19 meeting to rezone the new Town Hall site on Dills Bluff Road. The rezoning will be from residential (RSL) to office residential (OR.)

The rezoning comes before the Town's Planning Commission on January 12 for a recommendation to Council.   First reading on the rezoning ordinance is scheduled for January 19 after the public hearing at the regular Town Council meeting.   The rezoning will be complete after Council passes the ordinance on second reading at its regular meeting on February 16.   Groundbreaking for the new Town Hall is planned for this summer.

The rezoning will impact three parcels.  Currently, the two parcels on Dills Bluff are in the Town and zoned RSL, which is our single family residential district.   The third parcel, on Camp Road, is in the City of Charleston, but that will change at the January 19 meeting with second reading of the Town's ordinance for the boundary adjustment. The City of Charleston has already passed its ordinance for the boundary adjustment.  (Thank you Mayor Tecklenburg and Charleston City Council!)

Government offices are not allowed in RSL, so to move our Town Hall, we must rezone the site.   The least intensive zoning district that allows for government offices is Office Residential.  That zone is intended to serve as a buffer between more intensive commercial uses and residential areas.  A key purpose is to protect the bordering residential area.  The design of buildings in office residential must have a residential character.

First Baptist Church of James Island currently owns the parcel on Dills Bluff that is next to its cemetery.  The Town and Church plan to swap that parcel with an equally sized portion of the parcel that the Town purchased on Camp Road.  The Town and Church plan to jointly develop the parcel on Camp Road as a parking lot.  The Church will effectively expand its existing parking lot on Camp Road by the Landmark Center.  Both portions of the new parking lot will be used by both the Town and the Church.

There are several very beautiful trees on the Town Hall site, including a remarkable Magnolia.  The placement of Town Hall on the site is intended to showcase these trees.   The Town plans to leave large trees lining Dills Bluff Road.  Remarkably, the area where the joint parking lot is to be located has no significant trees--the area is dominated by pines of modest size and lots of poison ivy.   The plan for construction seeks to retain as many trees as possible.   Much of the Town's site will be shady and landscaping tentatively focuses on shade loving flowering shrubs such as azaleas and camellias.

First Baptist Church will remain our most important immediate neighbor.  However, we will also have two neighboring residences.   We intend to protect the residence on Hillman Drive by planting a buffer.   We also plan to maintain a buffer behind the residence on Camp Road that will remain in the City of Charleston.