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Foundation Matters

First Test of the New Hotel Ordinance Comes Before BZA

Posted: February 4, 2020

The first test of the new accommodations overlay ordinance, adopted in 2019, came before the Board of Zoning Appeals –Zoning (BZA-Z) on January 21, 2020, with three new large hotels up for approval, including a large project at 82 Mary Street, the former Hughes Lumber site. The new hotel ordinance was the result of the months-long work of the Mayor’s Hotel Task Force, whose intent was to provide the Board with clear direction and additional tools for determining the appropriateness of accommodations uses in certain locations. HCF was an effective member of the Task Force, and the Foundation’s lawsuit against the proposed hotel at 431 Meeting Street helped to galvanize the community around the issue of hotel overconcentration.

Fortunately, the BZA denied the request, however during that meeting it became apparent that the ordinance needs further refinement and clarification and that the BZA members need more legal guidance on their authority – and responsibility – to regulate accommodations uses. HCF has advocated for clarification of the ordinance to address the BZA’s role specific to the denial of accommodations uses and will do so again at the February 11th City Council meeting.

The newly adopted accommodations overlay ordinance elevated “diversity of use” as a clear intent of the ordinance stating, “Outside of its residential districts, the City places a high value on the preservation and creation of a diverse mix of uses, containing a balance of uses comprised of retail uses, office uses, service industry uses, educational uses, cultural uses, and appropriate residential uses.” Further, the ordinance provides clear guidance on the location and appropriate size for certain districts and in which instances full-service hotels are required. This language in the new ordinance very clearly provides the BZA-Z members with the tools they need to properly regulate hotels, avoid a monoculture of use and to deny accommodations applications.

The developers of 82 Mary Street had successfully been through the entitlement process to construct an office building on the site, even achieving a ninth floor as a bonus for architectural merit. HCF did not oppose construction of this new office building in the spirit of encouraging a diverse mix of uses and because the developer had allocated a sizable amount of open space to allow the Lowline linear park to continue through this block. In a surprise maneuver, the 82 Mary Street development team returned to the BZA-Z on January 21st seeking a change from office use to accommodations use with 225 hotel rooms. HCF is opposed to this change.

This 82 Mary Street project is situated on a City block bounded by Mary, Meeting, Reid and King streets, wedged between two other full-service hotels under development. Should 82 Mary have been approved for accommodations, that would have created one super-block of hotels with a total of 575 rooms. This hardly represents a diverse mix of uses and is completely counter to the City’s new accommodations ordinance.

The BZA-Z members debated this proposed change at length at their January 21st meeting. The Foundation staff were frustrated by the debate and the seeming lack of understanding by the BZA members and City staff on the intent and provisions of the revised ordinance. In short, the debate surrounding 82 Mary Street was a total distortion the ordinance.

While that hotel ultimately was not approved, several BZA members expressed the sentiment that they still did not have the tools to truly regulate or even deny hotels, which is simply not true. At the least, a workshop to educate Board members, City staff and the general public on the ordinance is required. However, HCF argues has and testified before City Council, that it would be wise for City Council to go one step further and provide additional clarification in the ordinance on definition of “district,” the issue of diversity of uses and the ability to develop full-service hotels throughout the Peninsula and not just in the area bound by King, Meeting, Mary and Line streets.

Meanwhile, the 82 Mary Street developers have appealed the BZA’s denial of their proposed accommodations use at that site. The appeal will be heard by the BZA on Feb 18, where HCF will again oppose the proposed accommodations use.

Council members will take up the revised accommodations overlay ordinance to correct a “scrivener’s error” later this month, and HCF feels strongly that is the appropriate time to address any necessary clarifications. HCF is committed to working with Council to ensure that the amended ordinance empowers the BZA to regulate accommodations uses appropriately.

Photo: The Board of Zoning Appeals recently denied a request from the developers of the 82 Mary Street project on the former Hughes Lumber site to change the usage from office to accommodations. The plans for the project as pictured above had received final BAR approval. HCF supported the BZA denial.

11 responses to “First Test of the New Hotel Ordinance Comes Before BZA”

  1. Howard Smith says:

    This has got to be the ugliest monstrosity that I have ever seen. Any modern building should NOT be allowed in Charleston proper. Build North of Charleston and people can either drive and park their car or take public transportation.

  2. Marlene and Steve Omlor says:

    We, my husband, Steve and I , stand firmly behind the Board of Zoning Appeals decision to deny the change in usage to accommodations from office usage. Please, we are adamant that the hotel – building stop now.
    Marlene and Steve Omlor

  3. Warwick Jones says:

    Thank you for your efforts. Please persevere and help save the City

  4. linda wohlfeil says:

    It would seem to me that an office building will bring many, many more automobiles to our city every day with several employees per office. This will create more parking problems and traffic. Hotel guests often fly into the city and usually only 2 guests per room.
    The accommodation taxes will help with the cost of fixing our flood problems also. Hotels bring JOBS for many more residents.
    The location of this new hotel could really bring back a sketchy block between Meeting and King Sts. If the city over-builds hotels
    and the rooms aren’t filled, they will convert these hotels to condos like the Ft. Sumter house!! I am for cleaning up that part of
    the city and this will be an anchor as Charleston Place was in 1985. I remember the abandoned gas station on the corner of Meeting
    and Market Sts., the motel where the Bank of America Building is today and the raunchy night club across the street near Hasell St.
    It was not safe to come downtown after dark in l975. This new hotel could do the trick for upper Meeting.

  5. Woody & Peggy Rash says:

    Please continue to fight for the clarification necessary to prevent the concentration of hotels. As noted, 725 rooms in one area is not diverse use as the ordinance requires. HCF should continue to advocate for the BZA to act with proper authority to deny the hotel and negate the “bait and switch” presented by the developers of 82 Mary Street.

  6. Jane Marvin says:

    How sneaky to get approved and then change this up. Ludicrous to have even two more hotels!! Please please deny the appeal!!

  7. Katherine Mulqueen says:

    I object to a zoning change at 82 Mary Street from office to hotel. Charleston is drowning in hotels. Sidewalks and streets are clogged with people and cars. Please help keep Charleston the charming, southern city that it is by denying the developers change request.

  8. Sallie Lacy says:

    I believe the hotels should be required to provide a certain number of housing units for their workers. This would help with affordable housing necessary for the needed workforce, as well as solve part of the parking/transportation issues downtown.

  9. Diana Rannik says:

    Hotels in Downtown Charleston have been springing up like weeds in the past 20 years and their effect is the same. Clogging the streets with traffic and the sidewalks with tourists.
    Remember the story of the goose that laid the golden egg? It’s happening in Charleston.
    Please no more !

  10. Dan Lesesne says:

    The demise of Hughes Lumber several years ago was depressing enough, but to replace it with yet another hotel and parking garage is an affront to our sensibilities. This proposed monstrosity flies in the face of the efforts of the Hotel Task Force to moderate what has lately been a feeding frenzy to “hotel-ify” the Old City. Banal is an appropriate descriptive.

  11. Ann Hurd says:

    I firmly support to BZA’s decision to deny the change in use from office space to hotel use for the property at 82 Mary Street. We have far too many hotels now in downtown Charleston and what was a glorious historic city is on pace to be destroyed by this over building of hotels. Traffic is terrible, parking difficult and quality of life for those remaining to live on the Peninsula is being eroded and compromised.

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