Conway planning commission denies rezoning request for Davidson Road/Highway 501 parcels

The City of Conway Planning Commission voted May 1 to deny a request to rezone two lots at the corner of Davidson Road and East Highway 501 from Professional to Highway Commercial.

City planning staff described the property as 1.4 acres at the Davidson Road–Highway 501 corner and said the request conflicted with recorded deed restrictions that limit lots in the College Park subdivision to single-family dwellings. "This property, is 1.4 acres. It's located at the corner of Davidson Road and East Highway 501," said Ms. Hubbs, a city planning staff member, during the commission's presentation. The staff report also noted the lots are largely encumbered by power-transmission easements.

The Planning Commission said the combination of the 1967 deed restrictions (with a 1996 amendment affecting different lots in the subdivision), the transmission-line easements and uncertainty about whether future buyers could secure necessary easement approvals led members to reject the rezoning now. One commissioner said rezoning would be premature "without the deed restrictions being lifted," and another noted buyers would bear the onus to determine encumbrances.

Kenneth Barnes, a realtor representing the current owner, told the commission he had contacted Santee Cooper regarding the transmission-line easements and said the applicant's intent in requesting Highway Commercial was to broaden options for future buyers. "Simply we were, you know, requesting the zoning change to offer that as an incentive to future, you know, buyers," Barnes said.

Several nearby residents spoke against the rezoning at the public hearing, citing concerns about increased traffic, noise, lights and loss of the neighborhood character. Philip McClain, who identified his address as 1812 East Highway 501, said he prefers the property remain residential because of the effect on his home and children. "I would prefer personally to have this to keep keep it the same," McClain said.

The commission member moving the denial said the recommendation could be reconsidered if deed restrictions were amended, and staff confirmed the commission's action is a recommendation to the City Council. Staff said the rezoning will go to council for a special presentation May 19 and first reading May 19; if disapproved at first reading there will be no second reading.

The Planning Commission's denial will be forwarded to City Council for consideration.

Votes at a glance

- Motion: Deny the request to rezone from Professional to Highway Commercial. - Mover: Planning Commission member (unnamed in transcript). - Second: Planning Commission member (unnamed in transcript). - Outcome: Denied (recommendation to City Council). - Tally: Ayes recorded on the transcript; names not specified.