Residents unite to defeat rezoning

CHARLESTON - Residents of the dozen or so neighborhoods that make up the Old Charlestowne District denounced a plan to rezone three small parcels at the corner of Sam Rittenberg Boulevard and Ashley Hall Road and the Charleston Planning Commission listened Wednesday.

More than two dozen residents attended the meeting to oppose the plan to switch the Kwik Stop and the currently vacant retail space next to it from limited business to general business citing concerns over public safety and blight, and the owner's intent to open a new liquor store in the empty space.

"When people show up, you tell government what you want and they will listen," Charleston District 9 City Councilman Aubry Alexander said following the meeting.

Alexander, who represents the area had encouraged residents to turn out to oppose the rezoning and spoke against it himself during a public comment portion of the meeting. Five other residents joined his chorus including Michael Allen, President of the Ashley Hall Manor Neighborhood Association and a leader in the Old Charlestowne District Task Force.

"We're very happy with the result," Allen said. "I was concerned because the rest of the area has both general and limited business (zoning), but then when I got here and saw all the support I felt better."

The Task Force hastily organized a petition against the zoning change and gathered 46  signatures over the weekend. Allen said they did not learn of the rezoning until last Friday. Residents said the city sign announcing the rezoning hearing required to be posted at the property did not appear until Tuesday or Wednesday, however city staff members told the commission it had been posted last Wednesday.

"Sometimes people do take those signs down," Commission Chairman Francis McCann said.

Allen and other neighbors pointed out that the signs for the liquor store the property owner planned to open appeared more than a month ago. The property's current limited business zoning doesn't allow for a liquor store to open in the spot.

"These residents don't want to see Sam Rittenberg become the liquor store mile," Anthony told the commission.

Members of the Old Charlestowne District Task Force counted nine other locations to purchase liquor along Sam Rittenberg, including several within walking distance.

However, city staff recommended approving the zoning change because they said making that corner location general business would be in keeping with the city's comprehensive plan for the area and would mirror recent zoning changes at the other corners of the intersection.

Division Director of Planning Christopher Morgan also noted that the properties surrounding the parcel on the corner were zoned for limited business and would remain a buffer between the Kwik Stop and nearby residential areas.

Jeff Moore, an attorney representing the property owner, told commissioners that the zoning change would be in line with other commercial properties at the intersection and should be approved.

Because the question before the city was the zoning of the property and not necessarily the specific use intended by the current owner, city staff did not consider what type of business was planned for the property when making it's recommendation. It referred to the comprehensive plan and the zoning of surrounding properties and noted that the requested change fell within both.

However the united opposition of area residents convinced the commissioners.

"I'm going along with the denial," Commissioner Barbara Ellison said just before the unanimous vote to deny the request. "It is already limited business and I don't think it is a hardship."