April 8, 2024



Dear Friends & Neighbors:


We have an URGENT matter that requires your immediate attention:



REZONING NEXT TO HAMMOCK SHOPS


This Tuesday, April 9, 2024, at 5:30 PM, County Council will hear a rezoning request to approve a medium density residential development on wooded land along Highway 17 just south of the Hammock Shops that is currently designated by the official Comprehensive Plan Map as "Conservation Preservation."


The "Tanner Parcel" rezoning was deferred at the last council meeting upon motion of Councilman Bob Anderson who wanted additional time to conduct due diligence on the following issues: (a) the Conservation Preservation status of this land; and (b) an Independent Wetlands Study.


We were surprised to learn late Friday afternoon that this rezoning is back on Tuesday's County Council agenda even though the two due diligence items have not been completed.


Here are the facts:


(1) Conservation Preservation


  • Conservation Preservation. This entire parcel of land has been designated by the official Comprehensive Plan Map as "Conservation Preservation" for more than 15 years, but it is zoned General Residential and General Commercial which is an irreconcilable inconsistency.


  • Inconsistent Zoning. This mismatched zoning and Comprehensive Plan Map designation is is another example of Georgetown County's failure to bring its zoning into accordance with the Comprehensive Plan as required by state law.


  • Planning Department Report. The Planning Department indicated in its report to Planning Commission and County Council that a Comprehensive Plan Map change from "Conservation Preservation" to "Medium Density" would be warranted because staff could not find any deed restrictions that would explain the Conservation Preservation designation. They concluded that it may have been a "GIS mapping error."


  • Trust Agreement. KIG had its own deed search conducted this past week and learned that this land was inherited by the owner/applicant in 1998. He conveyed the land into a Trust on January 6, 1999, pursuant to a Trust Agreement dated December 21, 1998. On April 9, 2003, the land was conveyed out of the Trust back to him purportedly pursuant to the same Trust Agreement. Neither the Trust Agreement nor any other document was recorded to establish whether the terms of the Trust authorized the land to be transferred out of Trust or the existence of any conservation, preservation, or other restrictions.


  • Tax Benefit. The tax assessor has verified that for as long as this land has been designated Conservation Preservation, the owner has been receiving a huge property tax benefit by having it classified as agricultural. Public records show that in 2023, the owner paid annual property tax of a whopping $1,648 on this 19 acre parcel of prime Pawleys Island real estate that he now wants to sell to a residential developer for millions of dollars. While the tax break is not dispositive, it is consistent with a conservation designation.


  • Timing. The timing of these conveyances and tax benefits generally coincide with the land's designation as Conservation Preservation on the Comprehensive Plan Map, which suggests that the Conservation designation was intentional and deliberate, and not a GIS mapping error.


(2) Independent Wetlands Study


  • Wetlands Concerns. Long term adjoining landowners have serious and legitimate concerns about wetlands on this property. Some also have reason to believe that at some point there may have been unauthorized land disturbance activity or attempts to fill in, drain or alter wetlands without proper permits or authorization.


  • Owner Refused to Cooperate. The neighbors contacted their County Council representative, Bob Anderson, to request his assistance in securing permission for an independent wetlands study to be conducted on the property at their expense. Councilman Anderson reached out to the owner and requested permission to have an independent wetlands expert come on site for several hours to perform an evaluation at no expense to him. The owner refused to allow this reasonable request that would have cost him nothing. 



CITIZENS & NEIGHBORS ARE ASKING FOR DUE DILIGENCE


This is a very highly visible and environmentally sensitive parcel of land that is adjacent to one of the most iconic landmark properties in Pawleys Island - the Hammock Shops. It is important for everyone to proceed with all due diligence and caution to avoid irreversible damage or violation of conservation or trust provisions.


Adjoining landowners and members of the community are not willing to risk supporting a project in the heart of Pawleys Island that is contrary to a Conservation Preservation designation, that contains substantial wetlands, or that violates existing ordinances or regulations. 


There is more information that should be disclosed and research that should be conducted before a decision is made about development or rezoning this land. The matter should be deferred pending disclosure and review of the Trust Agreement and any other documents relevant to conservation restrictions as well as having an independent wetlands study conducted. These are minimal requests that would cost the owner nothing.


If the owner refuses to cooperate with these requests by the County or if Council chooses not to perform due diligence, then adjoining landowners and citizens have no choice but to request a denial of any zoning change or development that is not in accordance with the Comprehensive Plan.



ACTION ITEMS



  • Please attend the County Council second reading on


Tuesday, April 9 at 5:30 pm

Council Chambers

Old Courthouse

129 Screven Street

Georgetown


Your input and attendance are very important.



OTHER IMPORTANT MATTERS


Land Use Element Update


We have analyzed the updated draft and it is not significantly different from the first draft. It increases density and removes many good aspects of the current plan. It does not reflect the input of Waccamaw Neck citizens. We will send out a detailed email about this very soon.


Planning Commission will hold a Public Hearing and take a vote on the draft Comprehensive Plan Land Use Element on Thursday, April 18, 2024, at 5:30. Your input and attendance are critical. Stay tuned.


Palmetto Giving Day


We are in urgent need of funds to continue working to protect and preserve the Waccamaw Neck. We are fighting hard and making a positive difference in our community, but we cannot do it without your regular financial support. Time is running out for the Waccamaw Neck. Your gift is an investment in our future.


Please CLICK HERE to donate now.


We appreciate your continued support of our work. Thank you!


Your friends at

 

KEEP IT GREEN






PLEASE SUPPORT THE EFFORT

KIGA is funded entirely by your generous tax deductible contributions, 100% of which goes toward fighting inappropriate development and increased density in the Waccamaw Neck.

You may make a safe and secure credit card donation by clicking the link below and following the simple instructions.

If you prefer to send a check, please make it payable to:


Keep It Green Advocacy, Inc.
P.O. Box 1922
Pawleys Island, SC 29585
843-325-7795






KIGA is a nonprofit public interest law firm that was formed for the express purpose of protecting the land, quality of life, and natural character of the Waccamaw Neck, holding our county officials accountable to follow proper law and procedure, safeguarding historically and culturally significant neighborhoods, and protecting our local economy.


KIG and KIGA spend countless hours monitoring zoning and land use activities as well as scrutinizing county practices and procedures to ensure compliance with the law.

Click HERE to learn more about KIGA.


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