Planning commission denies rezoning request for Butternut Road property after neighbors cite flooding, unpermitted concrete crushing

The Dorchester County Planning Commission on an administrative agenda item denied a request to rezone 473 West Butternut Road from CG (General Commercial) to CLI (Commercial Light Industrial). The applicant sought the change to bring existing operations and equipment repair into compliance with zoning.

Staff told commissioners the property had been developed without required permits, had been cited for clearing and constructing buildings without permits, and that some existing uses — including concrete crushing — are not allowed under either current CG zoning or the proposed CLI designation. Staff recommended denial. "The CLI District has very specific location requirements..." staff said, noting the property abuts a residential neighborhood and that CLI allows more intensive uses than are appropriate in that context.

The applicant's representative, Howard Ray of HRC Engineers, said the owner acquired the property in 2021 and that the property has been used for vehicle and contracting work, with dump trucks and parked equipment. Ray said he was unaware of the concrete-crushing activity until county enforcement cited it and acknowledged that concrete crushing must cease.

Neighbors testified to repeated and extensive effects from on-site activity. Mike Cuggie of 121 Sago Palm said fill had been brought onto the property in large volumes that altered drainage and worsened flooding for nearby residents, and that dust and noise from crushing operations had reached the neighborhood. "Concrete crushing releases silica dust, which is a known health hazard," Cuggie said. Other residents described high local water tables, culverts installed without permits, and repeated nuisance impacts to yards, wells and streams.

Commissioners and staff discussed whether the CLI district could be applied on a site that backs to residential uses; staff warned that, because CLI allows warehousing and some manufacturing, rezoning could open the site to higher-intensity uses. Commissioners also noted the property had been the subject of multiple code enforcement complaints and citations. One commissioner said: "It's frustrating to see an operation like this running out of compliance with zoning ordinance." (Speaker listed in the meeting record as chair/commissioner.)

A motion to deny the rezoning was made and seconded. After discussion, commissioners voted to deny the request; the clerk announced "the motion is denied." No detailed roll-call votes were recorded on the transcript.

With the denial, the property's current CG zoning remains in place; staff noted that any future redevelopment would still require site development plan review and permits, and that concrete crushing is not permitted under the county's commercial or light-industrial standards.

The record shows one written comment and one phone inquiry opposing the rezoning were submitted to staff before the meeting. The applicant and his representatives were present for questioning.