Marina Related Information
City Council and City Staff understand the concerns and public feedback regarding multiple areas of the Marina Overlay District that have been shared recently. To clarify these issues, City Staff has compiled a fact sheet regarding these three separate concerns. The first concern is the exchange of the underused roadway referenced in Ordinance 585, outlined in red on Exhibit A. The second concern is the ownership of the boat launch, outlined in green, and the third concern is the potential for a hotel in the Marina Overlay District, shown below.
The underused roadway of Marina Drive is not heavily used by the general public. The primary use of this section of roadway is by patrons entering and visiting the Marina.
During the Special City Council Meeting on Monday, December 11, City Council approved the first reading of an Ordinance to amend Ordinance 585 to reduce the amount of the underused roadway exchanged to the Marina owner. If approved, this amendment will allow ownership of the underused roadway to stop short of the area above the privately controlled boat launch.
If the proposal to amend Ordinance 585 is not approved, the Marina owner will keep ownership of the underused roadway that extends past the privately controlled boat launch.
With regards to the ownership of the boat launch, the owner of the Marina privately controls the boat launch. The launch is located below the 570’ contour line, which necessarily means it is on Duke Lake Management owned property. The City does not have and has never had, control over the boat launch. The Marina is privately owned and operated under Tega Cay Marina LTD. As permitted by the Duke Shoreline Management Permit, it is classified as a Public Boat Launch meaning, as long as the boat launch is open, it must be available for public use and cannot be limited to any predetermined list or group. The Marina owner has the sole ability to close the launch for any duration he may choose, including permanently.
The ownership of the boat launch is not part of Ordinance 585 or the ordinance to amend Ordinance 585 that is currently before City Council. The Marina has been privately owned for more than 37 years. The City has no jurisdictional authority over the boat launch.
Marina Overlay District
The Marina Overlay District, which was established in 2011, provides for conditional uses of properties within the district, subject to their current based zoning. For example, if a parcel owner of residentially zoned property within the Marina Overlay District is seeking to change the parcel to build a hotel, or any other commercial use, the owner would have to request to rezone of the property to B-1 or B-2 through the Planning Commission. A joint public hearing would then be scheduled with the Planning Commission and City Council, as is the case with all rezonings, to consider the request. In order for City Council to approve the rezoning, Council would have to vote on the rezoning ordinance twice.
Currently, only two parcels in the entire Overlay District (see map below) are zoned for commercial use. These properties are the former City Hall Building Site and the actual Marina Property (where the restrooms, boat maintenance and Care-Free Boat Club Hut are located). All other parcels in the Overlay District are zoned residential.
At their December 4th meeting, the Planning Commission voted to have a public hearing on January 16th regarding potential amendments to include the removal of a hotel as a permitted use. These potential amendments are not related to Ordinance 585 or the proposed amendment currently before City Council. Whether it is removed as a conditional use or not, a hotel cannot move forward without a change in the base zoning.
For questions or concerns, please contact our Development Services Team at 803-548-3513.