An undeveloped parcel of prime James Island property is caught between a government, a hard place, the public interest and private development.
The 6.5-acre public tract next to the Whitehouse Plantation neighborhood on Dills Bluff Road that the James Island Public Service District (JIPSD) owns is under contract to a developer. But the deal hasn’t been closed. In fact, the town recently voted down rezoning permits that would have allowed development to start.
Neighbors are questioning why public land would be sold for private uses instead of becoming a park. They cite the need for more green space and mitigation of flooding. Meanwhile, the tract has gotten new interest from conservationists.
“We were just informed about a possible issue on James Island on Monday and have been researching the issue, but we are not engaged in any legal matter or case at this point,” the South Carolina Environmental Law Project said in a Nov. 1 statement.
Changes in ownership of the contested parcel started more than 25 years ago. The town of James Island conveyed half of the 6.5-acre property to JIPSD for public use after a 1997 petition filed at the Charleston County Court of Common Pleas.
The other half was conveyed in 1997 to Honey Hill Neighborhood Associates with the addendum that if the association ceased to exist, the land would be designated JIPSD property. Honey Hill sold its portion of the 6.5 acres to the JIPSD for $10 in 2004.
What’s happening now
Currently, the parcel is made up of trees and marsh, which Whitehouse Plantation resident Scott Edwards criticized JIPSD for not maintaining. “They’ve never done any upkeep,” he said.
The land was offered by open bid in 2021, said JIPSD district manager Dave Schaeffer. Kyle Taylor Properties (KTP) was the highest bidder at just under $2 million, outgoing James Island Mayor Bill Woolsey wrote Sept. 18 on Facebook. The founder of KTP, Kyle Taylor, is the son of Edwin S. Taylor, a name some may recognize as the namesake of a bridge on Folly Beach. Taylor did not respond to interview requests.
JIPSD still owns the land, Schaeffer told the City Paper. KTP reportedly needed approval for its first proposal for a planned development zoning permit, which would rezone the land from its current zoning to a “PD” or Planned Development plan named “Marsh Walk Village.” which JIPSD Commissioner Susan Milliken said would rezone the land from its current zoning to a “PD” or Planned Development plan named “Marsh Walk Village.” [correction added 11/4/2023]
In September, a motion to rezone the tract didn’t get a second reading, leading town council to take no vote. In October, the tract’s rezoning came up for a vote at the town council meeting, but the request was voted down unanimously.
In an Oct. 25 intergovernmental meeting, KTP proposed something called Concept Plan “B,” which would keep the zoning ordinance residential, working around the barriers to the original one. It would also include a 10-lot single-family residential community. A 1.27-acre commercial zone originally on the table for development was listed as “not included in the proposed planned development.” Plan “B” left one small green space bordering the neighborhood to be conserved as a park using the town’s Greenbelt funds.
But by Nov. 1, KTP submitted an official — and different — proposal to the town that would still keep existing zoning ordinances, Woolsey told the City Paper in a Nov. 1 interview. This updated plan, he said, included 15 single-family residential homes and proposed a storage facility on the 1.27-acre commercial property. “Perhaps, based on what KTP proposed at the intergovernmental meeting, part of the property would still be preserved as a park,” Woolsey added.
Some of the residents, however, say they are worried that the space might become the site of KTP’s second round of development.
Where’s the money going?
Revenue from the sale of the 6.5-acre tract would go toward improving the JIPSD facility on Signal Point Road, which proponents think is long overdue for even basic repairs, said Schaeffer. The complex was built in the 1970s and 1980s and was meant to last only 20 years, but it still hasn’t seen any sort of renovation, he added.
JIPSD funding comes from property taxes from people who live in the town of James Island or unincorporated Charleston County for its fire and solid waste services, said Milliken.
Schaeffer told the City Paper that this money alone can’t fund improvements to the facility, which supports 94 employees.
Residents express worries about flooding
Meanwhile, Whitehouse Plantation resident John Peters’ yard is separated from the JIPSD land by small pink lines painted on the grass. Because of this proximity, Peters is worried if KTP were to develop the land, his property might become collateral damage.
Schaeffer said for the county to issue a stormwater permit, another requirement for a development, the property can’t be shown to worsen any flooding. The Marsh Walk Village, however, Peters said, would create “impervious surfaces that are going to cause flooding” because the water can’t be absorbed into the soil.
Peters is also concerned flooding might cause another issue: a sewage leak in his yard. There are three sewer covers on Peters’ property — and they’re old, cracked and susceptible to overflow if enough water gets into them, he said. Then, Peters would be “surrounded by an unhealthy condition immediately threatening my home and my well-being and my family.”
Green space, affordable housing issues
Grand trees, which exclude pine trees and sweetgums and are defined by a diameter of 24 inches or greater at the standard height for measurements, are protected by regulation in Charleston. There are 39 grand trees on the 6.5-acre property to take into consideration, said Peters. But only 20 would be kept in the initial Marsh Walk Village proposal, he added.
Plus, “when they [JIPSD] dig to put the storm water line” in the ground, Peters said, they might cut off the roots to a preserved grand tree, and it’ll end up dying anyway.
Some residents of Whitehouse Plantation are also concerned about protecting the town’s green space in an area already highly developed. Lack of green space is shown to vary across racial and economic lines with documented implications to human health. And clearing green space to make way for development could reduce affordable housing in the area, said Edwards, looking at the updated 10-lot proposal.
What’s next
One alternative to the development is simply conservation.
“A good idea for the property is to expend the Town’s $750K in county Greenbelt funds, with matching funds from a conservation group, and preserve this wooded acreage which has over 30 grand trees in perpetuity for a town park,” said Milliken.
What’s clear, Peters said, is that the land belongs to the people. He recently went door-to-door to collect signatures in opposition to the development. Nine out of 10 people he talked to signed their names.
Peters advocated for other uses of the land, like including a space for food trucks, a farmer’s market or a fitness trail — so long as a substantial part remains wooded or conserved for a park.
“We need to work together to do that and to make the best decisions we have with what little green space we have left.”
Help keep the City Paper free.
No paywalls.
No subscription cost.
Free delivery at 800 locations.
Help support independent journalism by donating today.