Council OKs One Rezoning, Nixes Another

Despite a favorable recommendation from the James Island Planning Commission, Town Council voted to deny a rezoning request that would have allowed developer JL Woode to build neighborhood retail shops at Maybank Highway and Woodland Shores Road.

However, council did approve another rezoning request by the same developer to build a South Carolina Bank and Trust branch on a lot across the street. That rezoning request also was recommended by the commission.

Neither rezoning decision was unanimous among council members at their Feb. 5 meeting.

Approval for the bank passed 3-2, with Council members Joe Qualey, Leonard Blank and Bill Wilder voting in favor. Mayor Mary Clark and Councilman Parris Williams voted against it.

The neighborhood shops proposal was denied 4-1, with only Qualey voting in favor. Council will hold a second reading and public hearing on the bank plan at its Feb. 19 meeting.

It was a frustrating vote for the developer, who worked for 15 months with the town on both planned unit development rezonings. JL Woode owners said they were surprised by council's decision against the shopping center in the wake of the planning commission's approval.

"Why did (council) go against the planning commission?" Jonathan Yates, a lawyer for the developer, said after the meeting. "Why do I waste my time going through this process?"

The developer bought parcels of land at Maybank Highway and Woodland Shores Road in 2006. All the parcels were zoned residential except for one lot, zoned community commercial.

The developer tore down five houses on the lots, which upset several residents who cited the torn-down houses in their opposition to the development.

The developer said the houses were in poor condition and were rental property. They added that prior to tearing them down, they got permission from the town and went through all the proper avenues.

The developer then held numerous public hearings with the commission and neighborhood groups, narrowing down what could be built in the shopping center by omitting such uses as fast-food restaurants, a gas station and grocery store.

At a Riverland Terrace neighborhood association meeting May 27, some residents said they would like to see a dress shop, boutique, spa, ice-cream parlor, gym, bookstore, computer store, sporting goods store, doctor's offices and/or a pet salon on the property. Other residents said they were opposed to the rezoning altogether and spoke out against the plan at subsequent hearings. The guidelines for the shopping center included "cherry-picked" retail like a hair salon, deli and fitness center that would be housed in a 16,500-square-foot building of Class A retail and office space. There are several commercial shopping centers along the length of the road.

The first set of plans were denied by the commission and James Island Town Council last November. The developer resubmitted plans with more stringent guidelines as to what can be built, and the commission passed it Jan. 24. Chairwoman Lyndy Palmer praised the developer for listening to residents regarding plans for the property. Passing first reading would mean a public hearing would be held.

Clark said after the meeting that she does not always vote with the commission.

"I will never automatically vote with the planning commission," Clark said.

Wilder said he voted against the shopping center because he wanted to maintain the residential nature of the area. He even proposed establishing a historical overlay district on Woodland Shores Road that would prohibit new commercial ventures entirely, he said.

"This was one of the first neighborhoods in James Island," Wilder said. "I'd like to get it (rezoned) as a historical district." Town Attorney Bonum Wilson is looking into the feasibility of the historic rezoning, Wilder said.

Qualey, who voted for both rezonings, said the corner of Maybank Highway and Woodland Shores Road is no longer appropriate for residential use.

"Anybody who thinks a mother and father or husband and wife will buy that piece of property and build a single-family residence and raise their family (there) ... well, that's not going to happen," Qualey said. "To keep it residential is totally unrealistic. We owe it to James Island to recognize when zoning categories are no longer practical or reasonable or (when) they're outdated." He noted that the residents whose properties were immediately next to both developments weren't against the projects.

Yates, a lawyer representing the developer, told the planning commission and council that 26,000 cars travel on Maybank Highway each day.

Clark and Councilman Blank said the neighbors didn't want it.

"I promised to stand with the people of the neighborhood," Clark said. "If they are happy with it, I'll vote for it. There were dozens and dozens of people calling me at home about it."

Blank added, "I talked with people on Woodland Shores who are afraid their neighborhood would deteriorate (with the development). If someone tries to build a strip mall next to me, I hope someone stands up for me."

The developer is now at a loss. It can resubmit different plans to the planning commission but has not said if it will.

Copyright © 2008, The Post and Courier, All Rights Reserved