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Annexations


vicupstate

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48 minutes ago, Spartan said:

I'm skeptical about how effective the urban growth boundary is. How is it enforced? Does North Charleston acknowledge/care about it? Does Charleston County actually preclude any development based on it? It seems like the lack of development there today is more indicative about how how far away it is from everything more than the urban growth boundary itself.

There is nothing legally binding concerning development outside if the UGB line.    It was established and is observed on a volunteer bases.  But in the case of N Chas.,  I don't believe Mayor Summey has intention of honoring the UGB and hence why some land owners in the Hwy 61 corridor are seeking annexation.  I hope the annexation is legally challenged and N Chas fails or else Hwy 61 will turn into a traffic nightmare never mind potential flooding issues.

The UGB extends across Johns Island.  The city of Charleston has historically honored the UGB.

 

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Charleston trying to annex West Ashley property before North Charleston does

I thought this would be the tactic used to thwart N.C. 

Hopefully they can complete the annexation in time to prevent a successful counter move by NC.  if successful the 5,000 acres would bring Charleston to 120 sq. miles. 

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9 hours ago, vicupstate said:

Charleston trying to annex West Ashley property before North Charleston does

I thought this would be the tactic used to thwart N.C. 

Hopefully they can complete the annexation in time to prevent a successful counter move by NC.  if successful the 5,000 acres would bring Charleston to 120 sq. miles. 

I haven't been a big fan of Charleston Mayor Tecklenburg but he's starting to win me over.   I'm really surprised how quick Charleston was able to pull this together unless they got a head start.

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North Charleston fired another shot. Will vote to annex 2,230 acre Whitfield site and 30 acres between it and the Ashley River.

This can be completed before Charleston can complete it's annexation timewise, but since Charleston acted first it may have legal priority.

I guess the courts will be the final say.

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North Charleston fired another shot. Will vote to annex 2,230 acre Whitfield site and 30 acres between it and the Ashley River.

This can be completed before Charleston can complete it's annexation timewise, but since Charleston acted first it may have legal priority.

I guess the courts will be the final say.

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Taking a look at gis, it seems the contiguity issue still remains for The NC attempt. Even though they are using a different parcel to attempt contiguity, like the 1 acre parcel there is a break in the contiguity.

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N.C. completes annexation while courts may have final say

I hope Charleston prevails here, but even if they don't, it would open the door to other annexations statewide that right now aren't possible. I wouldn't put it past our stupid legislature to 'correct' the matter if indeed N.C. prevails. Cities statewide need to be prepared to take advantage of a N.C.-favorable ruling if it occurs.  Obviously if 100' can be 'missing' and still meet contiguity, then there are many instances where they could occur.    

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3 hours ago, vicupstate said:

N.C. completes annexation while courts may have final say

I hope Charleston prevails here, but even if they don't, it would open the door to other annexations statewide that right now aren't possible. I wouldn't put it past our stupid legislature to 'correct' the matter if indeed N.C. prevails. Cities statewide need to be prepared to take advantage of a N.C.-favorable ruling if it occurs.  Obviously if 100' can be 'missing' and still meet contiguity, then there are many instances where they could occur.    

If I'm following this saga correctly, N.C. will now have to win 2 legal battles with Charleston.   1)  Charleston started the legal annexation process prior to N.C. for the Whitfield Construction tract and;  2)  N.C.'s legal continuity to the Whitfield tract.

I expect that this will take a couple of years to get resolved in court and expect that lower court's rulings will be appealed to the  SC Supreme Court for final resolution.

In the meantime, Charleston should try to annex as much property as possible in the area of the Whitfield tract to block further N.C. annexations.

 

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On 12/29/2017 at 3:31 PM, ZUMAN2 said:

If I'm following this saga correctly, N.C. will now have to win 2 legal battles with Charleston.   1)  Charleston started the legal annexation process prior to N.C. for the Whitfield Construction tract and;  2)  N.C.'s legal continuity to the Whitfield tract.

I expect that this will take a couple of years to get resolved in court and expect that lower court's rulings will be appealed to the  SC Supreme Court for final resolution.

In the meantime, Charleston should try to annex as much property as possible in the area of the Whitfield tract to block further N.C. annexations.

 

I'm not a lawyer but I would imagine the two issues will be merged into one case. If NC does not win on issue 2, then issue 1 is moot because NC's annexation would be null and void thus allowing Charleston's to move forward. If NC prevails on issue 2, then issue 1 would have to be decided. 

I agree Charleston should try to isolate the Whitfield tract by annexing all areas around it that are not included in the already initiated Charleston annexation.  If that were successful, it would but NC in something of a bind. They would have to invest heavily to bring city services to an  area  that could only be developed to  a maximum of 2,230 acres.   

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  • 3 weeks later...

Chas City Council will conduct  public hearings on the pending West Ashley annexations at its next council meeting on Jan 23.

The annexations consists of approximately 9 tracts of land, and they are grouped into 2 different annexations so there will be  2 public hearings.  I imagine the city is doing this for legal reasons in that the first group of land tracts will not be part of the anticipated  legal battle with North Chas.  The first group  of land tracts are smaller and are located on the Ashley River (the Daniel Miller tract and bordering tracts on the map in the P&C article linked below. 

It's unfortunate Chas can't convince land owners immediately  between the Miller tract and the large Millbrook tract to annex so that tract is not contingent on the legal outcome of the Whitfield tract.   

https://www.postandcourier.com/news/charleston-city-council-to-take-next-move-in-ongoing-west/article_e5d5ce16-fd41-11e7-a003-13646c9ea3bc.html

 

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  • 1 month later...

Charleston files lawsuit against North Charleston concerning its West Ashley annexation.  Charleston will finalize its large West Ashley annexations at its next city council meeting.

https://www.postandcourier.com/news/charleston-sues-north-charleston-for-claiming-outer-west-ashley-land/article_cffb5f30-2d10-11e8-9812-eb38fdf16014.html

 

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  • 2 months later...

The Charleston city limits map has been updated to include the large West Ashley annexations from earlier this year:

https://charleston-sc.maps.arcgis.com/apps/webappviewer/index.html?id=5d480618c84f4cd89cfa152c2ace5bbb

You may have to click you the Charleston City Limits link left of the map.   The newly annexed lands are shaded in light green. 

These annexations were not supposed to extend the city limits into Dorchester County but it sure looks like it did.

 

 

 

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  • 8 months later...

The figures for 2018 are now online. 

In 2018 Charleston annexed 30 people (25 in West Ashley, 5 on James Island) but a whopping 5,151.88 acres, or more than 8 square miles.  That is mostly the West Ashley annexations that are involved in litigation. To put that in perspctive, that is the equivalent of the entire Peninsular City Limits.   The city is now 120 Sq. miles in land area.

1.090 Building Permits were issued, the most ever. The city's population estimate is 154,062.  These are always higher than the Census estimates though. 

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  • 4 weeks later...

Charleston and Preservation Group lose first legal ruling in West Ashley annexation dispute

Apparently, the annexation N. Chas. made WAS illegal but the City of Charleston and the Preservation Trust do not have the standing to sue. 

I'm not a lawyer but that sounds crazy.  It will be appealed.   

So if the City of Charleston completes an illegal annexation but the owners annexed don't sue and the Atty General doesn't sue, it still happens?

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18 hours ago, vicupstate said:

Charleston and Preservation Group lose first legal ruling in West Ashley annexation dispute

Apparently, the annexation N. Chas. made WAS illegal but the City of Charleston and the Preservation Trust do not have the standing to sue. 

I'm not a lawyer but that sounds crazy.  It will be appealed.   

So if the City of Charleston completes an illegal annexation but the owners annexed don't sue and the Atty General doesn't sue, it still happens?

Why am I not surprised.  Hopefully this will get appealed right up the SC Supreme Court but the city will probably lose there too.

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  • 2 weeks later...

Charleston has not an annexation coordinator position in several years now, even going back to Mayor Riley's last 2 years in office.  My understanding is the position will be budgeted for 2020 so maybe annexations will increase with a dedicated staff person.

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  • 3 weeks later...

 

34 minutes ago, ZUMAN2 said:

I would love to see Riverland Terrace on James Island annex to the city.  And save those trees too!

http://www.live5news.com/2019/04/09/riverland-terrace-residents-consider-annexation-stop-excessive-tree-trimmings/

 

Hopefully the city will do what is necessary to make annexation happen. I wonder if the undergrounding is done by thhe county if a resident could escape the fee by anenxing their individual property?  

A successful annexation would put a big dent in the PSD's budget which could lead to higher rates for the remaining residents, which could lead to still more annexations.  

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  • 3 weeks later...
On 2/10/2019 at 10:51 AM, vicupstate said:

The figures for 2018 are now online. 

In 2018 Charleston annexed 30 people (25 in West Ashley, 5 on James Island) but a whopping 5,151.88 acres, or more than 8 square miles.  That is mostly the West Ashley annexations that are involved in litigation. To put that in perspctive, that is the equivalent of the entire Peninsular City Limits.   The city is now 120 Sq. miles in land area.

1.090 Building Permits were issued, the most ever. The city's population estimate is 154,062.  These are always higher than the Census estimates though. 

Getting ready for all that massive future growth.

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  • 5 months later...
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  • 7 months later...

Charleston City Council is finally trying to address the doughnut hole issue, mainly in West Ashley.  The first step is completing an inventory of all properties that lie within the doughnut holes to get an assessment of the task at hand of eliminating them.  I have my doubts this will really go anywhere but who knows.

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  • 5 months later...
On ‎4‎/‎9‎/‎2019 at 8:43 AM, vicupstate said:

 

Hopefully the city will do what is necessary to make annexation happen. I wonder if the undergrounding is done by thhe county if a resident could escape the fee by anenxing their individual property?  

A successful annexation would put a big dent in the PSD's budget which could lead to higher rates for the remaining residents, which could lead to still more annexations.  

There's been several Riverland Terrance annexations over the past few months.  A house here and a house there but some progress.   The utility line undergrounding though might drive annexation interest in the coming months as there are advantages being in the city versus the county.   There is a lot of interest on city council and the mayor to get Riverland Terrace completely in the city.

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  • 8 months later...

Interesting editorial in the Post & Courier yesterday (NOV 28) concerning annexing doughnut holes in the St Andrews PSD.   The editorial advocates that leaders of the PSD and the city should work together to conduct an election to have the entire PSD consolidate into the city.  I doubt anything comes of this but it's at least good that the idea is being presented publicly.

Editorial: Charleston should gobble up West Ashley doughnut holes, all of them | Editorials | postandcourier.com

 

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  • 2 weeks later...

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