First Reading of Ordinance #2008-01: 0.79 Acre Tract of Maybank/Woodland Shores Parcels

Mr. DeHaven reported that this is a Planned Unit Development on the former Hucks site for a bank; the Planning Commission recommends approval. A motion for First Reading of Ordinance #2008-01 was made by Councilman Qualey, seconded by Councilman Blank.

Discussion:
Councilman Blank said he was not in agreement when residential property is rezoned for commercial uses; he considers this to be a travesty.  He said people did not purchase their homes to have a store built next door to them. The bank on the former Hucks site is possibly the best use of the property. He said most of the people who live along Woodland Shores Road do not like having a bank at the property, but do not totally disagree because of what could be built there. Under a PUD development, any commercial use could be allowed.
 
Councilman Qualey commented that this issue has been around for quite some time. It has been analyzed and scrutinized and the developers have worked with the Town and its citizens to make the plans user-friendly.  He said at the joint meeting, most of the people did not disagree with the plans, one citizen was satisfied after an explanation of the height restriction was brought to her attention - how high the building could actually be. Also, the Planning Commission has recommended approval. This is a great opportunity for the Town to have a building at a location that is far more benign than what could go there.
 
Mayor Clark said she did not attend the public hearing but received many calls from citizens concerning this development. Most of the comments were from people  reminding her that the Town was formed to control development. Mayor Clark said she has promised not to vote against the neighborhoods; and has always stood with the neighborhoods. She briefly discussed over development in the Town and commented that she could not vote for a development that will rezone residential property (RSL) into commercial uses.
 
Councilman Wilder said he too attended the public hearing and heard the citizens’ comments. He said more people were in favor of having a bank built on the property because it would be a 9-5 operation.  Councilman Wilder addressed the traffic issues noting that the Planning Commission was instrumental in having the developers work the plan to re-route some of the traffic concerns expressed by the public. He said a 9-5 operation would be more suitable on the site than a Gas Station or a fast food restaurant. He addressed concerns about what could be built on the parcel if the Town loses the lawsuit.
 
Councilman Williams expressed concerns stating that if one property was commercial; he could vote in favor of the development. He said there are two properties, one being commercial and the other residential. Councilman Williams shared his platform when he ran for office, and said he cannot vote to rezone residential property into commercial uses.
 
Mayor Clark called for the vote. The roll was called and votes were recorded as follows:
 
Councilman Blank --   Yes
Councilman Qualey -  Yes
Councilman Wilder -   Yes
Councilman Williams -No
Mayor Clark -               No
 
The motion was approved on a vote of 3-2 for First Reading approval of Ordinance #2008-01: 0.79 Acre Tract of Maybank Highway/Woodland Shores Road Parcels.
 
 
First Reading of Ordinance #2008-02: 1.495 Acre Tract of Maybank/Woodland Shores Parcel

Mr. DeHaven reported that the Planning Commission recommended Concept B out of all of the concepts that were presented. This concept is for a coffee shop and another proposed bank. The Planning Commission recommends approval.
 
A motion for First Reading of Ordinance #2008-02: 1.495 Acre Tract of Maybank/Woodland Shores parcels was made by Councilman Qualey, and seconded by Councilman Blank for discussion.
 
Discussion: Councilman Williams received clarification that this tract is zoned residential (RSL).
 
Councilman Wilder asked if the Town existed when the houses on this tract were purchased and taken down; and, how many houses were taken down? Mr. DeHaven said the Town was in existence and the developers had permits to take down the five houses that were on the lot.
 
Councilman Blank reiterated comments he expressed earlier. He said any time there are commercial uses, there will be an increase in traffic. He did not think that a bank would create additional traffic, however, an ice cream shop, or coffee shop would. Councilman Blank  commented that there are no definite uses for the property and could not support this development.
 
Councilman Williams said the property is residential and should remain residential; he is not in favor of the development.
 
Councilman Qualey said the property much like Folly Road and other major arteries is no longer suitable for residential use. He commented on the condition of the houses that were torn down when developers purchased the lot. This development has been scrutinized and analyzed by the Planning commission, Town Council, the residents, and many others - deference should be given to the Planning Commission for doing the job they were charged to do. At the last public hearing, he said people expressed their concerns about traffic or massaging the plan but they did not oppose the development. The Town needs to begin looking at parcels and determine what is right for the site; not what it was originally zoned to be. If the Town does not survive, developments such as apartment complexes will be built there. The Town has a chance to do something that is good and right with smart grown while this parcel is in its jurisdiction.
 
Mayor Clark commented that a precedence is set every time residential property is rezoned for commercial uses.
 
Councilman Wilder commented that he was not in favor of rezoning residential property to commercial uses. He did not like having two banks across from each other and the user for the site was not defined. Councilman Wilder reiterated having an overlay to prevent future residential properties from being rezoned.
 
Mayor Clark called for the vote. The roll was called and votes were recorded as follows:
 
Councilman Blank       -   No
Councilman Qualey-      Yes
Councilman Wilder -       No
Councilman Williams -    No
Mayor Clark -                  No
 
The motion failed for the First Reading of Ordinance # 2008-02: 1.495 Acre Tract of Maybank/Woodland Shores parcels. The vote was 4 members voting in opposition and 1 vote in favor.