Sumter County Council defers rezoning for 495 Myrtle Beach Highway after neighbors raise pollution and aesthetic concerns

Sumter County Council on Oct. 24 deferred a rezoning request for 495 Myrtle Beach Highway after neighbors and a Planning Commission member raised environmental and aesthetic concerns.

Zoning Administrator Jeff Derwort presented RZ-23-21, a request from Brown Investment LLC to rezone approximately 8.48 acres (Tax Map #268-15-01-033) from Light Industrial-Warehouse to Heavy Industrial to allow sale of automobile parts with on-site dismantling and storage (classified under NAICS 42314). Derwort told the council the parcel includes a 1.5-acre area with an ongoing nonconforming use and that a similar request for part of the site was denied in 2020.

Senator Thomas McElveen, speaking on behalf of the applicants, said William R. Brown and partners have operated in the Myrtle Beach Highway corridor for decades and asked the council to treat the Browns consistently with nearby businesses. "They want to operate their business in a respectful, clean, and orderly manner," McElveen said.

Tammy Brown, who identified herself as an owner of Brown Investments of Sumter LLC (American Auto Sales), told council members that the U.S. Army Corps of Engineers and the South Carolina Department of Health and Environmental Control (DHEC) had inspected the property and provided clear reports. She described procedures for draining vehicle fluids, saying fluids are contained until a recycling company picks them up about once a month, and said vehicles visible from the road would be moved behind fencing if the rezoning is approved.

Neighbors and an on-duty Planning Commissioner disputed the Browns’ assurances and warned of risks to well water and the corridor’s appearance. "It looks bad, it looks terrible, it is ugly," said Dr. Alexandra Baten, who with her family owns property across the street and said family members hope to build homes there. Planning Commission member Kim Harvin, who voted against the rezoning at the commission, said a salvage yard could harm groundwater and listed potential contaminants including oil, gasoline and antifreeze. Harvin also told the council she was concerned the applicant had previously clear-cut seven acres without permits.

Councilman Artie Baker said DHEC regulates contamination and inspects such operations, but he said he was not comfortable rezoning the parcel to Heavy Industrial. Baker moved to defer second reading and refer the matter to County Council’s Land Use Committee for further review; Councilman Charles T. Edens seconded the motion. Councilman Carlton B. Washington abstained from that vote; Councilman Eugene R. Baten had recused himself and left the chamber prior to the public hearing. The motion carried. A Land Use Committee meeting was scheduled for Nov. 14, 2023, to review the request.

The Planning Commission had recommended approval by a 4–3 vote; staff noted the rezoning request is inconsistent with the county’s Comprehensive Plan but that similar uses exist along the corridor. The council record shows public letters and testimony citing stormwater pollutant concerns and gateway aesthetics.

Next steps: the Land Use Committee will consider the application and report back to full council; no final rezoning decision was made on Oct. 24.