Property rights vs. character

Some owners say limits devalue land, others want island left way it is The clash between property rights and a desire to limit development on Johns Island continued Tuesday. Charleston's plan to sharply reduce the number of homes that could be built on nearly 900 acres was welcomed by residents who said they hope to preserve the island's rural character. 'There's got to be a way that Johns Island can continue to be what it was,' said resident William Saunders, echoing the comments of some of the 75 or so people who attended a meeting of the city's Johns Island Growth Management Committee to learn more about the zoning issue. Several land owners said the plan, which would change long-standing zoning rules, is an unfair violation of their property rights. At issue is the fate of several large tracts of land near the intersection of River and Plow Ground roads, and a number of smaller associated parcels. The largest of the properties were voluntarily annexed into the city of Charleston 16 years ago by the Rawl family, and the zoning had not changed since that time. However, two weeks after a developer publicly discussed building perhaps 800 homes there, City Council unexpectedly voted in August to sharply reduce the number of units allowed. 'We've been good citizens,' Victor Rawl protested Tuesday. 'We're not here asking for a zoning change.' Rawl said his family and others with a shared interest in 462 acres on River and Plow Ground roads are working with a developer who planned to build far fewer homes than the long-standing zoning rules allowed. The proposed zoning change would reduce the value of the property, he said. Instead of up to five homes per acre of high ground, the city would allow no more than one home per acre. The change would have to survive a Planning Commission review and another vote by City Council in order to take effect. Christopher Morgan, Charleston's interim director of the Department of Planning and Neighborhoods, said low-density zoning is appropriate for the 16 properties in question, because they are outside the growth boundary line that the city and Charleston County have agreed should mark the end of urban development. Johns Island farmer Thomas Legare said that if people want to build many homes on small lots, 'that's what West Ashley is for.' The clash between property rights and the desire to limit growth has been an ongoing issue on Johns Island. Ironically, when Charleston County put limits on rural development outside city limits several years ago, a lawsuit aimed at overturning those limits ended up in court before Rawl, then a circuit court judge, who issued a ruling upholding the ordinance. Some properties near Rawl's, which are outside city limits, are limited under the county ordinance to one home every 3 acres, or one home per 8 acres in some cases. Steve Green, who lives on River Road, is concerned about the traffic that new developments will bring, and he supports rezoning the Rawl property and others nearby. 'I take risks every time I pull out of my driveway,' he said. 'This development is completely out of character for River Road.' George Gratzick owns a 74-acre property that would be rezoned under the city's plan, which was initiated by Councilwoman Anne Frances Bleecker. 'I object to this,' Gratzick said at the meeting Tuesday. 'This is a major taking of some families' long-term investments.' Merrill Irvin, who placed a permanent easement on his 82-acre John's Island property in 1999, said he thinks the Rawl family is getting somewhat of a 'raw deal,' but that times change. 'We all have obligations to society at large, to help society while we help ourselves,' he said. What's next The next step for the rezoning proposal is a Planning Commission review scheduled for 5 p.m. Sept. 20, at 75 Calhoun St. The commission will make a recommendation, and then the issue returns to City Council on Oct. 24 for a hearing and a final vote.

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