Council OKs company's rezoning on 2nd reading
March 15, 2017
Mandy Catoe
mcatoe@thelancasternews.com
Indian Land residents, wearing their trademark red shirts and carrying protest signs, filled the county council's chambers to its capacity of 110 Monday night, urging officials to reject McClancy Seasoning's rezoning request.
The meeting was much calmer than the one two weeks ago, when a crowd stormed out after losing the vote, but the outcome was the same. Council passed the second of three required readings on the rezoning ordinance, this time by a closer margin of 4-3.
More than 20 BridgeMill subdivision residents addressed the council, asking it to protect their neighborhood from the light-industrial zoning request. Their opposition was as strong as ever, but their message shifted this time from indignation to inclusion.
The residents addressed the legality of zoning, the possible depreciation of their homes, and future use of the business.
BridgeMill resident Will Sperow asked the redshirt residents to stand up if they opposed the rezoning. More than sixty residents stood, many holding signs with the following messages:
"Don't right a wrong with another wrong!"
"Protect our environment! Say 'no' to industrial zoning."
"Why now? Rezoning after 17 years?"
"Industrial waste smell and zoning is not responsible growth!"
"Spot zoning is illegal."
Indian Land resident Gary Walbrun shifted the message from one of conflict to one of community.
"You may look at all of us and think 'newcomers' or 'outsiders,'" he said.
"We simply want what everyone else wants – a place where we belong and where our families can thrive and prosper," Walbrun said. "We are busy investing our lives in this community. Our children are your future business leaders, future pastors, future volunteers and maybe even members of this council at some point.
"My request to you is simple," he continued. "Look at me and look at all the people who are here and see us for who we are. This decision is your legacy. Please do the right thing."
BridgeMill resident Ed McCormick, dressed in work clothes and muddy boots, put a new face on what had appeared to be strictly a white-collar cause. He echoed the community message and urged the council to protect his investment, his third home purchase, but his first-ever new one.
"Make zoning work so we can feel secure," he said. "It has taken a long time to get to this point."
Immediately after the last resident spoke, council member Charlene McGriff made a motion for an amendment to the rezoning request, restricting use of the business to food manufacturing as long as it is owned by the current owner, Reid Wilkerson.
Council member Larry Honeycutt seconded the motion.
The Indian Land residents shuffled in their seats and whispered among themselves at the proposed amendment, which passed 5 to 2. Brian Carnes, who represents Indian Land, and Jack Estridge voted no.
A brief discussion followed the amendment vote before council member Steve Harper asked for a vote on the rezoning request.
Council member Terry Graham, a small-business owner since 1978, said his goal was to find a way to allow McClancy to build a warehouse and assure the residents the business would not change.
Graham asked if a settlement could be reached between BridgeMill and McClancy as part of the current lawsuit McClancy has filed against the county.
County Attorney John Weaver said the lawsuit would run its course and the only involvement in a possible settlement would be by the named litigants, McClancy and Lancaster County.
"I know of no way BridgeMill can come into the lawsuit at this point, and I know of nothing within the legal system that the BridgeMill community can do to force a settlement or negotiate a settlement on Mr. Wilkerson or McClancy."
Wilkerson "has said he wants a jury to decide whether or not the county was in error in failing to notify him or failing to take the appropriate action when the property was rezoned improperly, as we have admitted, in 1998," Weaver said.
The zoning problem began with that error when the state required counties to draw zoning districts and the county incorrectly zoned the property as R15P, which is for single-family residential development.
County Administrator Steve Willis, at county council's direction, attempted to correct the erroneous zoning in March 2015 by applying for a zoning change rom R15P to L1, or light industrial. Wilkerson wanted the L1 zoning to allow for larger manufacturing and warehousing space, which will create 42 new jobs.
After a series of contentious council meetings attended by BridgeMill residents, the county decided against the rezoning in December 2015.
The county's current Unified Development Ordinance (UDO) allows McClancy to operate from its existing building and 7 acres, but not use the balance of its 21-acre site.
McClancy has been operating since 1982 on the 21-acre tract at 182 Spice Road, off U.S. 521 near the 12-year-old BridgeMill subdivision. The neighborhood is more than halfway complete, with 600 of an expected 800 homes ranging in price from $300,000 to $600,000.
Graham and Honeycutt said they have received a mix of e-mails supporting both McClancy and BridgeMill residents. Social media also reflected a mix of support for the two sides.
Jerry Holt, an Indian Land resident and county planning commissioner, spoke during citizens' comments and suggested the council deny the request and allow the court to decide the matter.
"Your hands are tied by the new UDO, which prevents you from approving or creating a nonconforming use," Holt said. "Rezoning to light industrial will be spot zoning and risk a lawsuit."
Holt explained the court is not bound by the UDO and can find a workable solution by allowing McClancy to expand its warehouse with a nonconforming use under present zoning.
"A rezoning will not give McClancy a reason to compromise," Holt said.
The amended motion passed 4-3, with "no" votes coming from Estridge and Indian Land council members Graham and Carnes.
Graham voted "yes" last time, but voted "no" this time because of the proposed UDO text amendment expanding the allowable industries in light-industrial zoning, including textile mills.
"I am asking these people to trust me and make sure nothing harmful happens to BridgeMill or surrounding communities," Graham said. "I can't support it with the text amendment."
McGriff addressed the residents and thanked them for their eloquent and passionate plea. She assured them council understood their position.
"It's not that we think you are outsiders," McGriff said. "It's just that we have other things to consider, not only your plight, but other things."
She followed up with a slight scolding of their strategy.
"I wish you guys had met with Mr. Wilkerson last year after we denied the rezoning, because you knew he was coming back," she said.
"He said he would. I wish you guys would have met with him and come up with some kind of solution so you would not put the county in a position to make the decision."
The residents did not take the rebuke lightly or quietly.
A couple of responses erupted.
"We did."
"You were elected to make these decisions."
Chairman Harper called for a five-minute recess, and when he struck the gavel to resume the meeting, the chamber was nearly empty.
The third and final reading on the ordinance is scheduled for March 27.
In other business, the council unanimously passed a resolution opposing the South Carolina Compassionate Care Bill which if passed by the state would allow physicians to write prescriptions for medical marijuana for certain diseases and conditions.
Follow Reporter Mandy Catoe on Twitter @MandyCatoeTLN or
contact her at (803) 283-1152.
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