Atlantic Beach council approves rezoning for "Black Pearl" development after heated public hearing

Atlantic Beach—s Town Council voted to approve a rezoning ordinance tied to the Morant Group—s proposed "Black Pearl" development on South Ocean Boulevard, adopting Ordinance No. 4-2024 on second reading by a 3-1 margin.

Leah Kane, the town—s planning assistant, told the council the applicant seeks to rezone PIN 39201010167 from Waterfront II to a Waterfront II flexible design district that would permit greater height and density in exchange for public amenities. "The applicant is proposing to do approximately 90 total units," Kane said, adding the application allows some flexibility up to 108 units depending on the final design and that the developer intends to provide about $1.8 million to $1.9 million in public improvements.

Kane said the developer redesigned earlier concepts and reduced an initial 21-story proposal to a design now limited to about 18 stories and constrained by a preliminary Federal Aviation Administration review, which places rooftop structures at 169 feet as a threshold for additional scrutiny. She told council the ordinance includes explicit variations for setbacks, shore-protection-area uses, signage and a parking approach that would yield roughly 180 internal parking spaces and a 1.5 parking-space-per-unit standard in the project as proposed.

The meeting drew sharply divided public comment. Trapper Fowler of the Coastal Conservation League said the site—s undeveloped shoreline and local marine life warrant "extra care" and argued a high-rise "may not be right for you." Monica Whalen, staff attorney for the South Carolina Environmental Law Project, told council the proposal conflicts with the natural-resources objectives in the town—s comprehensive plan and with a Land Management Ordinance purpose to "protect and preserve scenic, historic and ecologically sensitive areas." "For these reasons, I kindly ask that you deny this request," Whalen said.

By contrast, several residents urged approval. Owen Metts and Beverly McDonald said the project could bring economic activity and new amenities to Atlantic Beach. Metts said the community should "look at what—s best for your town" and urged council to focus on potential long-term benefits.

Council discussion focused heavily on the list of amenities the developer offered in exchange for rezoning. Councilman John David pressed staff and counsel on why a town-submitted amenities list for broader municipal projects had been rejected by the developer, saying it would have included a municipal building and sidewalks serving the whole town. "We asked for a million dollars for a municipal building," David said, arguing townwide priorities were sidelined in favor of amenities located around the hotel.

Town legal counsel (speaking at the meeting) explained that amenities tied to flexible-design approvals must conform to what the Land Management Ordinance contemplates. "A government building, for instance, is typically not seen as an amenity to a hotel," the attorney said, adding that substantially changing the ordinance to redefine "amenity" would require additional Planning Commission review and a separate ordinance process.

The council adopted Ordinance No. 4-2024 on second reading. Roll call recorded votes of "Yay" from Mayor Pro-tem Josephine Isom, Councilwoman Jacqueline Gore and Mayor Jake Evans; Councilman John David voted no. The ordinance approval authorizes the rezoning; it does not by itself grant building permits, which remain subject to site-plan review, any applicable variances, and ongoing legal questions raised during the meeting about existing deed restrictions on the property.

What happens next: Council—s action changes zoning for the parcel but does not finalize design details or settle outstanding issues raised in public comment. Staff indicated any matters that deviate from the Land Management Ordinance—s definitions (for example, amenities that fall outside the ordinance—s scope) would require additional ordinance action and Planning Commission review. The meeting record also shows questions about deed-restriction litigation that the town said could affect permit timing and whether SC Department of Transportation traffic analyses would be updated.