Town Panel Rejects Zoning Changes

The James Island Planning Commission unanimously voted against two rezoning requests at its Aug. 30 meeting.

One request was to change 1052 Harbor View Road from single-family residential zoning to office residential zoning, which was opposed by nearly all of the 60 residents in attendance. The commission also voted to deny a rezoning request for the Five Points area in the Riverland Terrace neighborhood.

In the Harbor View Road request, Debbie Stocker, a real estate broker representing property owner Patrick Rozalski, told the commissioners the only way Rozalski could sell his property is to change the zoning to office residential.

"He was unable to sell his house," Stocker said. "The integrity of the area declined. He talked to James Island officials about the least intrusive (option)."

Stocker said that office residential zoning requires the house to retain its residential appearance and have small offices inside. She said that lawyers and a CPA have shown interest in the property.

"Office residential will still maintain the yard, landscape and residential look," she said. "They remain looking like homes."

Rozalski said at the meeting that with the Harbor View Road widening project set to take away some of his front yard, the only option to sell the home is to change its zoning.

Stocker gave commission members a petition showing support from neighbors. Rozalski said he went to 10 to 12 nearby houses, and all but one resident agreed with the rezoning.

"We don't think Harbor View Road is conducive to residential anymore," Stocker said. "It's not conducive to children. Dogs are getting run over."

Many residents at the meeting disagreed with the zoning change and Stocker's view of the residential nature of the area. The commission heard from eight residents who opposed the change.

Rebecca Smith, president of the Fort Johnson Estates Civic Club, said the group is concerned about maintaining the residential nature of Harbor View Road.

"It would be detrimental if this (passes)," she said.

Resident Robert Kline said homes in the area will lose value if the change is granted.

"You have to look at this in the big picture," he said. "If you allow it to be rezoned, if the house next door asks for the same opportunity, you couldn't say no."

Don Hamas agreed with Kline.

"If you spot-zone one, it's just a matter of time until they all go," he said.

Doug Patterson, who said he represented the Creekside Home-owners' Association, also asked the commission to deny the zoning change request.

Planning Commission members Lyndy Palmer, Garrett Milliken and Ernest Parks voted to deny the zoning change request.

"I believe in keeping the character of the neighborhood," Palmer said.

In the Riverland Terrace action, John Fleming, representing owner J.L. Woode, requested a zoning change from residential to planned unit development for two parcels that front Maybank Highway. The lots had houses on them, and the owner tore them down after buying the property.

An adjacent piece of property on Maybank Highway that formerly housed old Huck's vegetable stand is zoned commercial.

A planned unit development has many more restrictions than commercial zoning, Fleming said.

"We're asking to rezone to limit possible uses," Fleming said. The development would prohibit fast-food restaurants and gas stations.

Instead, developers want to put "light retail" establishments on the property, such as a bank, cafe or pet groomer, Fleming said.

"It would be small, light commercial and fit in the neighborhood setting," he said.

The plans are roughly the same as what was presented to residents in May. Fleming said the group tried to work with residents to determine what they wanted for the area.

Fleming said there are no specifics about what establishments will be in the development because no retailer has signed on to the project.

He said that the developers can't find businesses to lease the space until the zoning is changed. He did say developers want to bring in a bank.

"We can't get a firm commitment from any user," he said.

John Meffert, Riverland Terrace Neighborhood Association president, told the commission his group supported the planned unit development proposal as long as noise is minimized, parking is in the back of the business and any large drugstore is prohibited, among other restrictions.

However, many residents disagreed with Meffert's position. They disagreed with the project entirely, expressing concerns that the owners bought two lots, subsequently tore down the houses and now are asking for the lots to be rezoned.

"It's not a good precedent," said resident Tom Stiteler. "I would like to keep it residential. I do live here and there are plenty of services; there's nothing I need that I can't get on James Island."

Resident Joanne Nixon also was concerned about the precedent the zoning change would set.

"Let's buy these old homes and tear them down," she said. "Why does residential get changed just because someone bought a bunch of land?"

Resident Diane Michelle Wilson, who lives next door to the lots, said the plans for the development are too "open-ended."

"A 'cafe' — that's food, that's noise, that's late night," she said. "It's not specific. I'm opposed to this as it stands."

Others said the development would bring unwanted traffic to the neighborhood and infringe on neighbors' privacy.

In all, 14 people spoke against the project.

One supporter, resident Fred Wichmann, said change is inevitable, and noted that the developers tried to work with residents' wants and needs.

Fleming responded to concerns, reiterating that no one has signed on to the project because zoning is not in place.

The commission went into executive session for legal advice, then returned to open session to vote.

The James Island staff recommended the zoning change with major restrictions on what can be in the space and a new definition for a "light retail" classification, but the commission voted against rezoning the property because it said there were no specific plans in place.

"Until we know the nature (of the project), I feel we need to deny it," Milliken said.

The commission's recommendations to deny the two zoning change requests will go before James Island Town Council for review.

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