The Charleston Municipal Planning Commission denied a developer's request to rezone a property on Corridor G from residential district to commercial, referring to the plan as "spot rezoning."
The property is a wooded area on Corridor G in front of the Sherwood Forest neighborhood. The developers, Donald Huber and Josh Duncan, aimed to put an indoor self-storage facility on the site.
The city's planning department opposed the plan in its staff analysis, calling it "inconsistent" with the city's comprehensive plan, approved in 2013. In the analysis, staff members wrote that the area hasn't changed since the plan was adopted.
Staff members said rezoning the land could cause legal issues for the city because the request is not in the public interest but "only for the benefit of the landowner." The parcel is surrounded by residential areas, despite it's location along the Corridor.
The city's Imagine Charleston plan also recommends gradually reducing the amount of commercially zoned land in the city.
Another concern is that the change would be permanent. If plans for the storage facility somehow fell through or the facility shuttered, any commercial business could develop the land without approval from the city.
About 60 Sherwood Forest residents attended the meeting to oppose the plan. An attorney who served as a spokeswoman for the group, Kelly Elswick-Hall, cited multiple other concerns about the request, including that the developers had not performed a traffic study on the site and that other storage facilities within a few miles are not at capacity.
"He's simply not prepared for the problem he's willing to create," Elswick-Hall said.
She also cited concerns with Huber's business practices, including a $340,000 fine that one of Huber's companies had to pay to federal officials after it violated the Clean Water Act while developing a property in Minnesota.
Other neighbors had different concerns with the proposal, including that the storage facility could cause property values for the neighborhood to drop, bring potential crime to the area and cause traffic issues. The plan also would require excavation of a hillside where some homes sit.
The city received 19 letters of opposition to the zoning change request, according to records from the planning department.
Unbar Moghal, who grew up in the neighborhood, said that, if the area is commercialized, it could cause safety issues for children who live there and for those who attend nearby Kenna Elementary School.
"Social stability is necessary for Charleston to survive," Moghal said. "Opening Pandora's Box could destroy that stability."
Jack Harrison, the City Council member who represents Sherwood Forest and the adjacent Eureka neighborhood, also spoke against the plan. Harrison refused to sponsor the bill, citing his constituents' concerns with the plan.
Rutha Chestnut, who represents the West Side, sponsored the bill.
Harrison said that, as a council member and member on multiple city committees, he looks to businesses and landmarks to serve as "welcome signs" for the city.
"I have serious concerns that this wouldn't be the proper welcoming sign there," Harrison said.
Duncan said during the meeting that the facility, if developed, would be staffed six days a week and would not be an eyesore for residents of the neighborhood.
Rod Blackstone, a member of the planning commission, encouraged Duncan to look at other commercial properties in the city. He said the reason he voted against the proposal was not because he was opposed to a storage facility moving into the city, but that he was concerned about rezoning the property.
Duncan denied a reporter's request for comment after the meeting.
The request now moves to the City Council's planning committee.
The planning commission also approved preliminary plat approval for a new seven-lot subdivision in Kanawha City being developed by Graff-Lane Properties LLC.
The commission also approved rezoning a residential parcel on Pennsylvania Avenue into a commercial parcel. The lot, which is 0.22 acres, will be converted into parking for RMS Pro Finishes.
Reach Ali Schmitz at ali.schmitz@wvgazettemail.com, 304-348-4843 or follow @schmitzmedia on Twitter.