We just received the information below from the Beaufort County Planning Department detailing their decision. You will have a chance to weigh in on this at the July 23rd meeting with the Beaufort County Zoning Board of Appeals as stated in the previous update. In the meantime, keep sharing the petition to stop this destructionment. We now have over 21,000 signatures. Let's get 25,000 strong by the meeting.
We are also asking all of you to read the attached blog and not only continue to support this petition, but the various other petitions and fundraising efforts to help sustain the environment and culture @GullahGeechee. Let's end the exploitation in the Gullah/Geechee Nation and keep this cultural community alive with a high quality of life. Tenki Tenki!
Stay safe and be healthy!
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BAY POINT ISLAND ECO-TOURISM – SPECIAL USE
APPLICANT: JOSH TILLER (AGENT)
The Beaufort County Planning and Zoning Department Staff have been working, over the past several months, with Bay Point representatives and have solicited input from various environmental, wildlife, and cultural/heritage community stakeholders to develop a plan for the eco-tourism use that complies with the eco-tourism provisions of the Community Development Code. On May 5, 2020, the Staff Review Team (SRT) reviewed the submitted application request for a Special Use Permit for the proposed Bay Point Eco-Tourism project, located on Bay Point Island, St. Helena Island and decided to allow the application for Special Use to advance to the Zoning Board of Appeals. The property is zoned T1-Natural Preserve.
The applicant is requesting approval to construct an Eco-tourism project on 50.56 acres of Bay Point Island. This use will include Wellness Centers, Cabins, Restaurants, Cooking School, Earth Lab, along with Administration Offices, and a Reception Lobby totaling 66,125 square feet. The project is also proposing approximately 22,700 square feet of Solar Farms. The Community Development Code permits Eco-Tourism within the T1-Natural Preserve districts as a Special Use. The criteria for application and approval of a Special Use Permit include the following (Section 7.2.130):
The proposed use shall be consistent with the Comprehensive Plan’s purposes, goals, objectives, policies, and applicable standards of this Development Code, including standards for building and structural intensities and densities and intensities of use.
Staff believes the Eco-tourism proposal, submitted by the applicant, will be consistent with the Comprehensive Plan provided that the environmental, wildlife and important bird area are protected through the appropriate regulatory instruments and that the commitments made to DNR and the Audubon Society are implemented through appropriate mechanisms/agreements that can be monitored, enforced and managed.
Also, appropriate agreements for implementing the proposal to create a foundation responsible for carrying out the cultural preservation and enhancing the cultural heritage of the community surrounding Bay Point Island must be established. The establishment of this foundation is a material aspect of the overall eco-tourism plan for Bay Point and staff recommends this be established, funded and placed into operation prior to the commencement of construction on the island should this Special Use be approved.
Those tools, in staff opinion, should be in the form of a formalized contractual relationship between the Developer and Beaufort County through the adoption of a Development Agreement as well as individual entity agreements that specify access, data collection permissions, and other matters related to the specific work for collecting relevant information on and promoting the protection/preservation of Sea Turtles, Wildlife, Waterfowl and the various Cultural Heritage groups and aspects of the Bay Point Island Area.
The Development Agreement, among other things, should detail the environmental protections, tree preservation requirements, public safety, emergency management and disaster response, and funding mechanisms for providing emergency operations to the eco-tourism venue and shall specify disaster recovery bonding requirements for post disaster event restoration and cleanup in the event of abandonment of the use and structures. The Development Agreement statute requires, for the duration of the term of a Development Agreement, at a minimum an annual review of the Development Agreement provisions with appropriate staff to make sure there has been no material breach.
The proposed use shall be compatible with the character of land in the immediate vicinity.
Staff believes the Eco-tourism proposal, submitted by the applicant, will be compatible with the character of land in the immediate vicinity provided that the Zoning Board of Appeals requires that the remaining acreage of Bay Point Island be protected from future additional development through a Conservation Easement.
The proposed use’s design shall minimize adverse effects, including visual impact of the proposed use on adjacent lands.
Staff believes this can be achieved through the Zoning Board of Appeals requiring the remaining acreage of Bay Point Island be protected from future additional development through a Conservation Easement.
The proposed use shall minimize adverse impacts on the environment, traffic congestion, infrastructure, or governmental services. (Traffic Impact Analysis (TIA) may be required).
Staff believes this can be achieved through the Zoning Board of Appeals requiring the remaining acreage of Bay Point Island be protected from future additional development through a Conservation Easement as well as through the Entity and Development Agreement conditions previously discussed.
RECOMMENDATION:
After review of the guidelines set forth in Division 7.2.130 (d) of the CDC, the Planning Director and staff finds that the proposed submittal/use meets the criteria for consideration of approval for Special Use Permit review by the Zoning Board of Appeals.
Therefore, the Planning Director and staff feel the Eco-tourism use on Bay Point Island will be appropriate only if the conditions, safeguards and agreements listed in this analysis and in the Bay Point Eco-tourism application packet are imposed as part of the Special Use Permit Approval. The Development Agreement provision is a vital part of our recommendation on this use being appropriate for the island due to the unique aspects/commitments of the proposed Eco-tourism development plan, the isolated nature of the island, the sensitive ecosystem of the island, and the public safety elements that must be addressed in order to adequately protect visitors to the island if approved. In addition, the following items shall be required:
The site plan shall include the disturbed/construction area, buffers, setbacks, and storm-water/BMP requirements, and protected resources.
Natural Resource Planner shall approve the Natural Resources areas.
The Solar Farms not permitted within the required Open Space Area.
The Audubon society designated an area as an Important Bird Area; Applicant shall submit specific information from the Audubon Society depicting the areas to ensure it coincides with the plans submitted.
Applicant shall submit all requirements for Final review.
Fire Marshal approval is required.
Applicant shall address all Storm water BMPs including documentation on alternative plans Solar Farm shall meet all Storm water requirements.
Applicant shall adhere to FEMA Code for Special Flood Hazard Zone.
All requirements of Division 4.1.330 shall be adhered to.
If all the conditions, safeguards, individual entity agreements, and the development agreement with Beaufort County discussed in this analysis and in the Bay Point Eco-tourism application packet are not imposed, as part of the Special Use Permit approval, then staff strongly recommends that this proposed use be denied by the Zoning Board of Appeals because the purpose, intent and development standards as required the Beaufort County Community Development Code and the generally accepted best practices for the Eco-tourism industry will not be appropriately satisfied.