Mr. Yates gave a presentation noting the two pieces of property on Maybank Highway on both sides of the corner of Woodland Shores Road. He said traditionally in a PUD zoning there are additional rights, densities, or uses that aren’t readily available - this request could be considered a reverse PUD because 24-25 uses were taken out of the CN District (Neighborhood Commercial).
 
Councilman Blank asked Mr. Yates if he was addressing the community commercial area or the residential area. Mr. Yates explained that they are rezoning to a PUD. On the 0.79 acres there is presently CC and RSL zoning, on the 1.495 (the other corner), it presently shows an RSL zoning; the developers are going to a PUD. He said the basis for the PUD is the Neighborhood Commercial; however, they are not asking for a Neighborhood Commercial zoning, they are taking a stripped downed version – with a number of Neighborhood Commercial uses taken out of it. He said it was brought to the developers’ attention, and they agree, that some uses would be inappropriate.
 
Councilman Blank questioned the surrounding area that would be included in the PUD that had homes on it. Mr. Yates responded that the 0.79 acres is presently under contract to a Regional Bank. He made reference to the area on the conceptual plan for Council’s view. A Regional Bank would like to establish its headquarters here on the Island - the PUD was being created for the bank building.
 
Councilman Blank said the uses were being added since a residential zoning would not allow those uses. Mr. Yates referred to a zoning map and responded that they are asking for a highly restrictive CN zoning with 25 uses coming out of that. Mr. Yates reviewed the plans for the bank on the 0.79 acres. He noted that the square footage will be 5,000 square feet. The bank will allow for a drive-thru, entering on Maybank Highway, and exiting onto Woodland Shores Road. He said the curb-cuts were positioned to allow for easy traffic patterns coming back onto the intersection. He said the uses that were taken out were: fast foods, service stations, car washes, tattoo parlors, schools, etc. He said if the CN zoning were to be amended to add more uses, the developers have agreed that they will not be able to use them; they would only be able to use the existing CN less the 25 uses that were taken out. Councilman Blank asked what would be placed on the property if plans for the bank falls through; he said it would be limited to retail or office. There was discussion about a guarantee that the bank would be built; Mr. Yates said there is a guarantee that the bank is under contract; however, there is no guarantee that a bank would be there for the next 30 years. Some discussion continued about the pros and cons about the various zoning and possible uses should the bank not be built. Mr. Yates stated the likelihood of a doctor’s office or professional office could be placed there. There was much discussion about a bank being erected in a residential area to which Mr. Yates replied that there would be a buffer (20 feet) from the commercial corridor into the residential area. After his presentation, he asked Council’s consideration of this project.
 
Councilman Qualey made a motion to give First Reading to Ordinance #2007-11; for it to move towards the Public Hearing process. There was no second to the motion. The motion failed.
 
Council entertained discussion: Councilman Wilder offered a motion that the process go back to the Planning Commission. Mr. DeHaven said this matter needed to be resolved by November 23; under an agreement with the Planned Unit Development there are set timelines. If this Ordinance is given First Reading, a Public Hearing could possibly be done at the next Council meeting; sending it back to the Planning Commission would allow it to fail on time.
 
Councilman Qualey said Council should allow for the Public Hearing process to give citizens the opportunity to express their views. Mayor Clark said the Public Hearing in Riverland Terrace was well-attended and the citizens made their opinions known at that time. She talked about what the people expect from the Town and that she votes with the people/neighborhood. Mayor Clark added that the recommendations of the Planning Commission should be honored by Council.
 
Councilman Qualey said the plans are a different submittal; Council has plans the Planning Commission did not have. Councilman Blank noted that the former Town was involved in a PUD by Goodwill Industries; however, Goodwill’s plans were specific, there were no speculations about what was going to be built on the property.  After some discussion, Ordinance #2007-12 was presented.
 
Ordinance #2007-12: TMS #343-03-00-208,209,210,211 and TMS #343-03-00-212 – 1.495 Acre Tract at Maybank Highway and Woodland Shores Road: Mr. Yates gave an overview of the proposed plans. The site development concept includes a single building which would consist of neighborhood commercial retail uses and /or professional offices. The retail and office use may include one or more tenant spaces in each building. The final development plan is proposed to minimize noise, provide for improved traffic circulation. Mr. Yates commented on responsible growth and town planning.
 
Councilman Blank commented on the uniqueness of the Town. Everyone who serves on Council lives on James Island; the “sell” is not to Council, it is to the people. If they were to agree with these plans, Council would probably agree - however, the people do not agree, and the residents do not want a bank in their backyards. Both Councilmen Qualey and Wilder stressed that a Public Hearing be reconsidered. In closing, Mr. Yates asked Council to reconsider the 0.79 and 1.495 acre tracts for a Public Hearing process then to Council for a decision. Councilman Wilder made a motion for the reconsideration of the 0.79 acre tract; the motion was seconded by Councilman Qualey.
 
Councilman Blank said a message is being sent to the people that one Public Hearing was not sufficient; Council appointed these representatives to serve on the Planning Commission and they followed the process. Additionally, they mediated on two separate occasions.
 
Councilman Williams voiced the same concerns; he asked why prolong the matter when the people have spoken.
 
Councilman Qualey reiterated that the plans were different. He also said he attended the Public Hearing in Riverland Terrace but was of the impression that the people were not educated about what was going to take place on the parcels. He expressed disbelief that a non-evasive bank building would be objectionable in the face of what could be built on the site. He asked that both Ordinances go through the First Reading process.
 
Councilman Wilder expressed his views, remembering what was done on the Grimball tract. He said at that time he voted against the project and later wished he had voted for it. He said since these developers plans have changed, it should move toward a Public Hearing process to give the people the opportunity to voice their concerns and then to Council for decision.
 
After discussion, Mr. DeHaven called for the vote, the roll was called and votes recorded as follows:
 
Councilman Blank - No

Councilman Qualey -Yes

Councilman Wilder -  Yes 

Councilman Williams - No

Mayor Clark - No
 
The motion failed on a vote of 3-2 for the reconsideration of Ordinance #2007-11 for 0.79 acre tract.
 
A motion to approve Ordinance #2007-12 for 1.495 acre tract for First Reading was made by Councilman Qualey, there was no second; the motion failed.