Georgetown County Council approves Magic Oaks FDD amendment amid stormwater and dock disputes

Georgetown County Council on Jan. 13 approved a major-change amendment to the Magic Oaks Flexible Design District to remove a proposed kayak launch and to relocate a community amenity center, a decision that drew extended public opposition and detailed council questioning about stormwater compliance.

The amendment, presented by planning staff, removes the kayak launch after the applicant failed to obtain access through an adjoining property and shifts the amenity center’s location to protect two large oak trees, staff said. Miss Richardson, a planning staffer, told council the applicant “recently filed a request for a major change” and that “the kayak launch has been removed and that property has been added to Lot 17 and 18,” and staff noted the stormwater permit remained under review by county stormwater and DES (Department of Environmental Services).

Why it mattered: Neighbors and environmental advocates urged council to defer the amendment until the county and state stormwater reviews are complete, saying the conceptual plan is still undergoing substantial revisions and that the site’s high water table and proposed fill raise unresolved regulatory issues. "In the last 2 years, the proposed underground stormwater plan has been in a constant state of revision. It is now on its tenth revision and still does not meet the requirements," Marybeth Klein told the council.

Claims and objections: Several residents and attorneys for adjoining landowners argued the FDD ordinance requires compliance with the county stormwater ordinance before final approval. Attorney Cindy Person said the FDD rules are mandatory and that "the project shall meet the requirements of the Georgetown County Stormwater Ordinance," asking the council to defer or deny the change pending stormwater compliance. Donald Reed cited DES correspondence saying a community dock would require at least 50 feet of frontage and the elimination of five private docks; he told council the developer continued to represent that a kayak launch was feasible despite DES guidance.

Developer response and staff position: Developer Tripp Neely said he had reduced the site's potential from roughly 150 units to a 27-lot single-family subdivision and described an infiltration-based stormwater approach he said had worked on other projects. Dan Park, the project's engineer, told council "the only thing we're voting on tonight is a zoning issue" — removal of the kayak launch and relocation of the amenity center — and said technical stormwater matters are handled through the permitting process and regulatory agencies.

Legal and procedural debate: Council members questioned whether approving the FDD amendment now would codify a plan that remains conditional on pending regulatory approvals. Councilor Anderson repeatedly pressed staff to explain configuration management and whether council was effectively approving a "moving target." County legal counsel and staff clarified the ordinance contemplates conditional approvals, that prior conceptual approvals had included conditions requiring regulatory permits, and that subsequent changes would be classified as major or minor under the ordinance and returned to council if required.

Vote and next steps: After extended questioning and public comment, council moved and approved the ordinance change to remove the kayak launch and relocate the amenity center. The amendment passed on third reading (major change) by a recorded voice vote (6–1). Construction permits and any land-disturbing activity are still contingent on requisite stormwater and state approvals, staff said.

What to watch for: Staff said the final plat and construction approvals will not be issued until stormwater and state permits are in hand; if later design changes constitute a major change under the FDD ordinance, they must return to council for additional consideration.