Islanders concerned about zoning change

Photo from Power Point presented to the
SI  Planning Commission 8-12-15

Many Sullivan's Island residents are concerned about the precedent-setting nature and unexplored consequences of changing Town zoning ordinances to permit stand-alone recreation structures on lots without a principal residence. If you are concerned, you are not alone! 

With the goal of getting information out about potential changes on Sullivan's Island that would affect the entire community, Sullivan's Island Community Impact encourages islanders to send in comments and questions on issues of concern.

Below is a letter from islander Nancy Fortiere to Town Council and the Planning Commission on the issue of stand-alone recreation structures: 

Mr. Henderson, members of the Planning Commission and Town Council of Sullivan's Island:

I appreciate the responses from Mr. Henderson and Mr. Smith. However, there remain many concerns considering the free standing structures proposed on Sullivan's Island. 

• Primary, of course, is how they could be built as to withstand hurricane force winds and tidal surges. In the event of such a storm, what is to ensure that they will not come loose and do  damage to a neighboring property? Would there be a plan to assess responsibility in such a case to allow for fair insurance coverages?

• Say you have a party for 25 people. How will it be determined that the noise is kept at an acceptable decibel, voices as well as music, so that neighbors are not disturbed? If there is parking arranged for two cars, where do the other 10+ cars park without filling the narrow neighborhood streets? Would "one side of the street parking" be able to be enforced?

• If there are to be no outside lights, how do people see to get to the site in the dark? And even with inside lights, what might be the danger to the turtles that I must turn my porch lights out for during season? 

• If there is to be no plumbing, what is the plan for people who are obviously going to be drinking beer and other spirits? Portable toilets should be out of the question in a family orientated beach where anyone might use them when they spot them on the property when no one is on the property. 

• "Keg parties" and other alcohol consumption would be nearly impossible to monitor and would be sure to spread out onto the beach where alcohol is prohibited. There is only one police officer at night, I am told, and he is generally locked in the police station and not patrolling the Island. 

• Rules would have to be established for weekday/weeknight parties when an officer should be monitoring the Middle Street/Station 22 1/2 area and may need to be in the area of the "structure" as well. 

• Are the residents of the Island expected to pay for any extra policing of private parties that could conceivably get out of hand? We now know that Sullivan's Island sadly is known as a party-island and that there are often people who disrespect the Island. There is no need to encourage more.

• People love their dogs and believe they were born to run on the beach. This would be hard to monitor, especially as you say, each one would be required to have a licence and a special collar. Without a direct ban on dogs, the owners for an evening party would have to obtain and pay for their necessary items earlier in the day or not bring the dog. How do you plan on advising "everyone" of the Sullivan Island dog rules before they come to the island? Logistically this is difficult to do.

• If the property is put into a conservation easement, in the future can the land be purchased by someone who wants a lot to build on? The property mentioned, is not owned solely by Chad Waldorf. It is owned by an LLC. 

• Suppose one of the members wants to sell his portion? What rules have been put into force that could ensure that this is possible? As a conservation easement, which is permanent, how does one of the owners, or his issue, inherit or sell some or all of it?

• And how are taxes and insurance determined?  

• "Conservation Easements" are to remain "NATURAL" and "UNDEVELOPED". This indicates no landscaping can be done on it  and if and when the trees move into the area, they cannot be landscaped. They must be allowed to continue to overtake the property. Is the property owner willing to take this on?

• Sullivan's island is not rural, suburban, or urban by nature. It is a Township with its own rules and laws. Rusty Bennett, 3124 Marshall Blvd.  a neighbor of this property, has said it is not likely that others will seek the change for this ordinance for another specific property. As I understand it, this is to cover all property owners on the island and should not favor one property owner over another. 

• It has been suggested that the "Commission consider omitting references to parties and social events". What else might it be used for, for people who have torn down their house and built a structure of this nature, with no plumbing?

• I also ask how a drastic change such as this, to the town of Sullivan's Island - ostensibly setting it up to be the next Myrtle Beach -  can be effected when there are so many vacancies (as shown in the most recent Island newsletter) on the Planning Commision (4 seats), the Board of Zoning Appeals (5), and the Design Review Board  (3)? It appears to be far from a quorum in any one of them. How can it be expected to make a good conscience vote on behalf of the town's voters? 

• Enough has already been taken away from voter's rights by secret meetings of Town Council, which fortunately has now presumably been stopped by the State Supreme Court.

• And last but not least, I want to know why this has all been shoved through so quickly for one person when there are dozens of families who, for the better part of 20 years, have been trying to recoup their front beach views and breezes from the ocean that they paid  for and are heavily taxed on. 

It is abhorrent!

Unfortunately, I am out of state until October and will not be able to attend the September meeting.

I would appreciate it if you would post this for the September meeting.

Thank you.

Nancy Siegling Fortiere

1761 Atlantic Ave.

========================================

So what happens next? The Planning Commission has scheduled a public hearing on the zoning issue for 6:30 on Wednesday, September 9th. It is likely that the Planning Commission will plan to take a vote at that meeting on whether to recommend that Town Council approve or disapprove the amendment permitting stand-alone cabanas. Town Council could then schedule a vote to approve or disapprove the amendment at its meeting on September 21st.

Many islanders fear that the Planning Commission has already decided to approve the amendment, and that Town Council intends to follow suit. Many are asking what concerned  islanders can do.  

As was illustrated a couple of years ago with another zoning issue, there is quite a bit that islanders can do to change an outcome! The issue then was multi-family re-zoning in residential neighborhoods.

Here is what happened with the multi-family issue:  Back in March of 2013, several SI residents learned that Town Council and the Planning Commission were seriously considering approving multi-family re-zoning in residential neighborhoods on Sullivan's Island. 

Over the next several months, a group from the Thompson Avenue neighborhood circulated a petition opposing the zoning change, eventually garnering 392 signatures from all across the island. 

Many residents from across the island also attended Planning Commission meetings and Town Council meetings and workshops to voice their opposition. Other islanders who could not get to meetings contacted the Planning Commission and Town Council in opposition to the zoning change.

Following all of that, the Planning Commission voted against multi-family zoning in October of 2013. (Click on the link to read lots of interesting comments from islanders and commissioners!) And in November 2013, 6 of 7 Town Council members also voted against multi-family zoning.  (Interesting information in this link as well!)

So islanders CAN make a difference in the outcome of a vote! 

• NOW is the time for islanders to let Town Council and the Planning Commission know how they feel about this precedent-setting change to SI zoning ordinances and to find out how members are leaning on approval of the amendment. 

• Plan to attend the Planning Commission's public hearing on September 9th at 6:30. 

• There will also be an opportunity for islanders to speak directly to Town Council members at the Council Workshop at 6:00 on Wednesday, September 2nd. (Note the special time of the workshop, due to the Labor Day holiday.)  

• And in the meantime,  follow Nancy Fortiere's lead and write to the Planning Commission and Town Council and let them know of your concerns.

It could all make a very big difference in how the vote turns out. It has happened before....

For more information, click on this link to the Power Point presented at the Planning Commission meeting on August 12, 2015:

https://drive.google.com/file/d/0Bzoy1idDmPBDRHRONjFqbXZLRnM/view

Zoning changes on Sullivan's Island?

The Planning Commission decided unanimously to schedule a public hearing for September 9th to receive comments from residents on a proposed amendment to Sullivan's Island zoning ordinances. 

If  approved by Town Council, the amendment would allow property owners to construct a stand-alone open-air structure (gazebo, cabana, pergola, arbor or other open-air structure) on a residential lot in the absence of a principal building on the lot, as long as the property owner established a conservation easement for the property. 

Under existing zoning ordinances, this type of open-air structure would only be permitted if there were a principal structure on the lot. Under the terms of the proposed amendment:

• The recreation structure could  range in size from 350-450 SF, depending on the size of the lot. 

• A maximum of 24 people would be allowed at the structure at any one time. 

• A maximum of 2 vehicles would be allowed on the property.

• The structure would not be permitted to have exterior lighting or sewer facilities.

• The stand-alone structures permitted by the proposed amendment would apply to all residential lots on Sullivan's Island. 

• For lots that are not currently vacant, a property owner wanting to build an open-air structure would be required under the new ordinance to remove all existing structures on the property. 

• Catherine Main, Executive Director of East Cooper Land Trust, has stated that any amendment should be written in such a way as to incentivize more property owners to do what the Marshall Blvd. property owners want to do.

Click on the power point presented by SI Zoning Administrator Joe Henderson at the August 12th Planning Commission meeting to see examples of properties on SI that could possibly accommodate the sort of open-air structure that would be allowed under the amendment.

• Included as examples in the power point are photos of a number of vacant lots on SI, showing how those lots would appear if the open-air structures permitted under the new ordinance were to be constructed. 

• Also included in the power point are photos of existing cabanas at the Isle of Palms, as well as photos of existing cabanas in what is known as the "Cabana District" at Myrtle Beach. 

The accessory structure issue is not on the agenda for the Town Council meeting tonight at 6:00. Council does not plan to vote on the amendment until at least the regular Town Council meeting on September 21st.

So now is the time for islanders with concerns and questions about the amendment to contact the Planning Commission and Town Council. 

And now is the time to let Town Council and the Planning Commission know how you feel about this precedent-setting change to SI zoning ordinances and to find out how members are leaning on approval of the amendment. 

Members of the Planning Commission are listed below.  Contact information for both Town Council and the Planning Commission are shown on  SI Community Impact, here and here.

Here is the link to the power point on the recreation structures presented by Zoning Administrator Joe Henderson: http://bit.ly/1ExHIYS

Here is the link to the text amendment, as currently proposed: http://bit.ly/1MtK6q4

Karen and Barbara

SI Community Impact

Planning Commission        

Gary Visser  (Chair)                    

Hal Currey (Vice-Chair)      

    

Charles Cole                          

Carl Hubbard                              

Carlsen Huey                                

Manda Poletti                          

Sydney Cook                


STAFF CONTACTS

Lisa Darrow, Asst to Town Administrator – Planning Commission Secretary

ldarrow@sullivansisland-sc.com   ph.  883-5744


Joe Henderson, Zoning Administrator

jhenderson@sullivansisland-sc.com  ph. 883-5731


Randy Robinson, Building Official

rrobinson@sullivansisland-sc.com ph. 883-5732

Zoning change discussion on the agenda tonight at 6:30

The  SI Planning Commission continues to discuss whether to change SI zoning ordinances to allow stand-alone structures and recreational uses on properties zoned residential. The address of the the property currently under discussion is 3117 Marshall Blvd, but any zoning change would apply to the entire community. 

A recommendation by the Planning Commission must also be approved by Town Council. If Town Council approves the zoning change, a similar recreational structure could potentially be built on any vacant lot on the island that has residential zoning. 

Catherine Main, Executive Director of East Cooper Land Trust, has stated that any amendment should be written in such a way as to incentivize more property owners to do what the Marshall Blvd. property owners want to do. (See attached report.)

Based on the discussion at their July meeting, at least some members of the Planning Commission seem to want to figure out a way to make the zoning change happen. 

At the meeting tonight, the Planning Commission will have the option of doing one of the following:

• Adopt language and schedule a public meeting for comments from residents. Assuming this is the option decided upon, the public hearing would be September 9th.
• Table the issue for further study
• Decide against recommending any zoning changes to Town Council.

It is important to find out not only which members of the Planning Commision support changing SI zoning ordinances, but also which members of Town Council support the change.

Here is the link to the report from the July 8th Public Hearing held by Planning Commission.  As the report indicates, the Public Hearing was well attended by islanders voicing questions and concerns about the proposed zoning amendment.

The Planning Commission also discussed the zoning amendment at a meeting on June 11th. The report from that meeting is attached.

The Planning Commission meeting will be held at 6:30 tonight, at SI Town Hall, 2050-B Middle Street. Parking is in the neighborhoods, due to the construction of the new Town Hall.

Hope to see you at the meeting! If you cannot attend, please contact the Planning Commission and Town Council and let the members know what your thoughts are on this issue.

Karen and Barbara
SI Community Impact