By Mindy Ragan Wood
Staff Writer
Residents and city council members engaged in a showdown over a proposed 47-acre development that involves controversial builder and businessman Phil Boevers.
On the agenda was an item that was the center of citizen protest. Boevers, of Mark and Phil, Inc., were granted a rezoning request for 48 acres of phase one for Shenandoah Ridge at the southwest corner of Edmond Road and Morgan Road three months ago.
However, two lots that will be used as an entrance with a road was not previously included in that request.
Natalie Wagner owns land zoned agricultural next to the development but claimed she was not notified when the development was proposed.
“How come I didn’t get a notice for that if my land is touching it,” she asked. “Shouldn’t I have been given notice of that 30 days prior to approval?”
City Manager Jason Orr said they mailed notices and was not sure why she did not receive it.
Citizens opposed the development but in particular the entrance presented some concerns for flooding.
Wagner owns land zoned agricultural and her property will now be next to two lots zoned residential.
“That road is going to have to go over a pond,” Wagner said. “My concern is the safety and how is it going to maintained by the city, this road with a pond.”
Wagner presented photographs of a temporary road made by the farmer who owned it and a recent photograph that showed flooding.
“We’ve not had a ton of rain yet,” she said. “We have one good storm and that’s flooding.”
Wagner asked why the developer could not build a road off of Morgan Road where a bridge would be unnecessary. A city road off Morgan would also help serve the traffic to and from Stoneridge Elementary. She asked the council to deny the request.
Johnathan Hisey pointed out the Piedmont 2030 Comprehensive Plan called for transitional spaces that would gradually step down the size of the lots.
“Why aren’t there some two-and-a-half acre and one-and-a-half acre lots to slowly transition,” Hisey asked.
Citizens were in an uproar about the discrepancy including Mayor-Elect Kurt Mayabb who asked that the council table the matter.
“I would like to know how the council voted on this Monday when it’s still zoned agriculture,” he said. “I would also at this time like to ask the council to table everything on this meeting agenda for the transparency and respect of the citizens until our regular meeting.”
Acting Mayor Bobby Williamson said the city does not have a step down ordinance and the council had a request for two entrances. Citizens asked where the second entrance would be and Councilman John Brown said it would be on Morgan Road.
“It’s not on here,” Wagner said pointing to the plat.
Brown said a city ordinance requires a developer to install a second entrance after the 29th home has been built.
“We have made provisions in this for that to happen,” Brown said. “So he has to put an entrance in because we have an ordinance that says he does. The road going across the pond will have to be engineered with adequate drainage.”
The proposed paved road and bridge over the pond has been approved by the city engineer and will be built to withstand a 100-year flood.
Citizens contended the agenda requested 48 acres be rezoned instead of the two lots that had not been rezoned from agricultural for the entrance of the development.
Hisey asked if the city attorney would speak up. Someone else shouted from the audience, “someone needs to speak up!”
“This is not right,” said another.
Williamson called for order in the room because the public hearing had ended.
City Attorney Mike Segler pointed out the half-acre lots were previously zoned three months ago.
“We’re supposed to be hearing a plat for the 47 acres,” Brown said.
“On the agenda is also the zoning of the 47 acres,” Segler pointed out.
Williamson called for a short recess to address the issue.
Ten minutes later order resumed, and the council announced it would take no action on the zoning item.
Another exception citizens found with the agenda was that a final plat had been submitted for the development but the agenda item was for a preliminary plat approval.
During a public hearing on the plat, Hisey complained that the final plat was ineligible and incomplete because it did not show a nearby oil well or bodies of water.
“A lot of the items you mentioned are in the checklist,” Brown said of the necessary paper work.
Councilman Al Gliechman expressed his displeasure for the confusion.
“We need to postpone this for 30 to 60 days until we can get some straight answers,” he said.
The city council approved the preliminary plat for Shenandoah Valley but excluded the lot that had not been previously zoned. Councilmen Gliechman and Kevan Blasdel voted no.
