City Council To Wait for Overlay Plan

CENTRAL — On Tuesday, the Central City Council voted 3-2 to reject the rezoning of the northeast corner of Hooper and Sullivan roads.  Council members Ralph Washington, Tony LoBue, and Wayne Messina agreed that rezoning of the property should await approval of the City Center Overlay Plan, which is supposed to govern development in the area.

LoBue expressed concern that no development plan had been submitted for the property and that the Council and the public would lose control of how the property is developed if the ordinance passed.  He asked Central city planner Woodrow Muhammed if the specifics of what would be built on the corner would come back to the Council.  Muhammed said, “No sir, once the property is rezoned, the property owner comes just to the staff.”

Last year, the Central Planning & Zoning Commission rejected the rezoning of the southwest corner of the same intersection, pending the approval of the Overlay Plan.  Councilman Tony LoBue said it was important for property owners to be in similar situations to be treated similarly.

The rezoning of the northeastcorner failed three months ago by the same 3-2 vote.  Since then, Wade Giles purchased the property.  Councilman Aaron Moak resubmitted the zoning change, which brought charges of foul from Dr. LoBue, who said a zoning change which has been rejected cannot be brought back for one year.  However, Moak said a property owner could not bring it back for a year but that he as a Councilman could.

Starns said he wants to develop a small strip center on the property.

Behind the scenes, one councilman said he doubted the property would be developed anytime soon. regardless of whether it is rezoned.

He said Hooper Road is supposed to be widened to four lanes, the intersection is going to be greatly enlarged, and Sullivan is going to be widened.  “That doesn’t leave much of that property left to be developed,” he said.  “Until the widening of those roads occurs, it’s hard to imagine someone embarking on a construction project.”

“The main effect of rezoning would be to give the property owner a windfall.  If it were rezoned from Rural to LC-1, its value for expropriation purposes would immediately shoot up.  The taxpayers would pay the tab.  But the main thing is, the Planning & Zoning Commission rejected the rezoning right across the street, pending the approval of the Overlay Plan, and we have to be consistent.”

Giles told the Council that he plans to develop the corner whether or not it is rezoned.

Councilmen Aaron Moak and Louis DeJohn argued for the rezoning now.  “Why delay?” DeJohn said.  LoBue said it was improper to bring the matter to the Council without its having complied with ordinances requiring the posting of a rezoning sign and without having sent certified notices to property owners within 300 feet of the property.

The final vote was as follows:

FOR the rezoning. Moak and DeJohn.

AGAINST. LoBue, Messina, and Washington.  Two yeas, three nays, and the ordinance failed.