Planning commission defers Legend Oaks-area subdivision after flooding, drainage concerns

The Dorchester County Planning Commission on a motion Tuesday deferred action on the Enclave at Legend Oaks subdivision, asking county Public Works and legal staff to brief the commission at a 3 p.m. workshop before the next meeting.

The Enclave at Legend Oaks, proposed by Beech Hill Somerville LLC and engineered by Bowman Consulting, would create 48 single-family lots on roughly 310 acres off Old Beech Hill Road. Planning staff described the project as a cluster subdivision that includes large wetland areas and a donated upland/rail‑bed trail to the county as part of the cluster provisions.

The plan prompted extensive public and commissioner concern about flooding. A resident told the commission, “We know that the club at Legend Oaks stays under water when we have a significant amount of rain right now,” and said neighborhood roads and yards remain flooded after heavy storms. The resident said adding stormwater discharge to nearby wetlands and canals could worsen existing problems.

Jim Ducker, an engineer with Bowman Consulting, said the project’s stormwater approach includes raised roads (above the 25‑year storm elevation), pond‑bank elevations above the 100‑year storm and other grading and retaining walls. He said off‑site easements for water and sewer remain to be obtained but were not expected to change the layout under consideration.

Justin Hardaway, representing Dream Finders Homes and speaking for the developer, urged the commission not to delay, saying a third‑party county reviewer had signed off: “The math works. The elevations are what the elevations is. And it states that it works.” Hardaway said Public Works and the county’s third‑party reviewer (Wolpert) had approved the current plans after engineering revisions.

Several commissioners said they remained unconvinced and wanted Public Works and county legal counsel to explain hydrology, tailwater conditions and long‑term risk before taking a final vote. One commissioner said, “I think that we need answer before we give an answer on this project,” and another added that they were concerned about the potential for future FEMA flood‑map changes to increase risk for lots near the basin.

The motion to defer — including instruction that Public Works and legal attend a 3 p.m. workshop — passed with a second. Commissioners discussed scheduling and possible dates; staff was asked to arrange the workshop and invite Public Works and legal counsel.

The deferral leaves the application without a final decision; commissioners said they want technical and legal clarification before voting.