The candy bar approach to city planning

Thank you, anonymous commenter from 5:20 p.m. Tuesday. I am not against density or height. I am against height in the wrong place. You can make a case that next door to the Arlington is an appropriate spot for density, and I won’t get in your face about it, although I think the proximity to the Dilworth Historic District makes it problematic, for reasons I’ve mentioned before. Overall, I tend to agree with Charleston Mayor Joe Riley, who says that six five-story buildings are better than one 30-story building.

But here’s the crux of my objections to the South End rezoning: The whole point of a small station area plan is to plan what heights and densities are appropriate on which spots. If the planners who wrote the South End Station Area Plan and the City Council who adopted it in 2005 believed that site was appropriate for buildings twice the height of the rest of the area’s height limit, why not have the plan say that? Why limit the appropriate height there, in the plan, to 120 feet? Those kinds of issues are precisely why your tax money pays for planners and why your elected representatives adopt small area plans.

Why even bother with any plan if it’s routinely disregarded?

It reminds me of taking a kid to the grocery store. You say before you go, “I’m not buying you candy in the check-out line.” If you then buy the kid a Snickers in the check-out line, that kid will cry for candy on every visit to the store for the next 20 years. And you will have undermined any credibility your authority might have had.

One last thing, responding to a commenter on the post about the Piedmont Town Center project: I LOVE Filene’s Basement. Offer one of those up and I’ll be out there with my chainsaw. (Joke, people, joke.)

Developer wants own project nixed

Reporting live from City Council:

This has got to be a first. Bailey Patrick, the dean of local developers’ lobbyists, just got up and urged the City Council to vote against his own rezoning petition.

It’s a rezoning proposal from Crescent Resources, a subsidiary of Duke Energy, which wanted to change its plans, approved in 2005, for the Piedmont Town Center development near SouthPark. They wanted to change approvals for retail and office space into residential space.

The planning staff opposed it. Neighbors opposed it and signed a protest petition against it which means it would need a super-majority vote from the City Council.

The proposal would have wiped out a stand of immense old trees. During the 2004 rezoning — after some publicity from yours truly — the developer agreed to leave a large wooded buffer, giving the trees a reprieve. I visited those trees — immense white oaks along a small stream. The new development would have cut them all down to form a retention pond along the creek.

The real crime here is that it would have been perfectly legal. If you think the city’s tree ordinance protects trees, may I suggest you probably also believe that the U.S. found weapons of mass destruction in Iraq and that Saddam Hussein was behind 9-11.

It appears Crescent decided to cut its losses. Council member Andy Dulin, generally a good friend to developers, made a motion to deny the petition even before the public hearing opened. Which would have been illegal. “I gotta have a public hearing,” Mayor Pat McCrory reminded him.

At which point Bailey Patrick got up and urged the council to reject the rezoning. His client, Crescent, would have withdrawn it, he said, but because the protest petition wasn’t withdrawn it couldn’t legally do that.

Surely it was a first. I happened to be sitting next to 23-year Keith MacVean — who has, as the joke goes, gone to the dark side and now works for developers (one of his new clients made that joke so I figure it’s OK) — who couldn’t remember it happening before.

He also confirmed that the rejection by council means the developer can’t come back with another proposal for two years — unless it seeks a more intense zoning, such as UMUD.

At 9:27 p.m., after hearing a negative recommendation from the zoning committee of the planning commission, which met quickly after the regular council meeting, the council did as Patrick asked — they voted down the rezoning.