A Comparison of the Developer's Proposed Ordinance and the Existing Law

By Jack Davis

The Walmart controversy in 2002 resulted in a compromise with those citizens, neighbors, and city councilmembers who opposed the economic, city planning, traffic, and infrastructural implications of developing a big box store on Issaqueena Trail. This compromise took the form of a zoning ordinance, No. CC-2002-20, that limits the scale of commercial development on the site. This existing zoning ordinance permits a store up to 100,000 sq. ft., which is still a very large store--the size of a big box store like Target, or a Lowe's without the garden center.

The site's new developer, Paramount Development Corporation of Myrtle Beach, has approached this project knowing that what they wanted to build there was not permitted by the 2002 Ordinance. Some weeks ago, they tried to argue that the Lowe's garden center should not be included in the square footage calculation. This argument failed because the Ordinance clearly specifies that the size limit of 100,000 sq. ft. includes all retail space.

The proposed project remained possible because of an August 25, 2008, City Planning Commission "work session" which resulted in an invitation for the developers to re-write the zoning ordinance for the site.

This invitation reneges on the compromise reached in the last controversy--limiting a future building to 100,000 sq. ft., which is still a very large store, the size of a Lowe's without the garden center.

Allowing a developer to make the rules is the kind of abdication of leadership and governance that breeds cynicism. City planning is supposed to be a coordinated effort, and one that seeks the greatest benefit for a town, not just the narrow-minded, for-profit interests of real estate developers. Rules are needed to keep the City of Clemson from developing and sprawling chaotically, just as they were needed to keep the current financial chaos from happening. The problem of finding a site to locate a big box store is a problem of poor planning, and one that is being "solved" with more poor planning.

The schedule below, created by Jack Davis, compares the existing law, on the right, to what the developer wants, on the left. Especially significant changes are in bold. It goes without saying that the developer has raised the maximum permitted store size to allow for a Lowe's store.

Even more significantly, they have effectively overturned the zoning of the site as a whole. As it stands with the existing law, the Issaqueena Trail site is zoned as a Planned Development, which would allow for a mixture of uses, both residential and commercial. This is a sophisticated zoning designation, which allows the most interesting types of development--it would allow the creation of a place where people could live, shop, and work. Greenville's new and very successful McBee Station (http://www.mcbee-station.com/home.htm) is an example of this. Patrick Square, on the other side of Highway 123, is also a Planned Development. If built as promised, with a Main Street inspired, walkable shopping area, Patrick Square (www.patricksquare.com) will be a very innovative and state-of-the-art development.

The developers want to argue their proposal is consistent with development in the area. It is not. By eliminating the mixed-use, residential/commerical possibilities of the site, and effectively undoing its Planned Development character, they cannot reasonably compare their proposal with Patrick Square, or anything in the area except Walmart. They want to create a shopping center of the kind that is found on Highway 123 in Easley or Seneca. They want to ignore the fact that their proposed Lowe's development is next to Highway 123, not on it. In other words, they do not see the difference between Highway 123 and Issaqueena Trail. People who actually live in the City of Clemson, however, know the difference, and we do not want Issaqueena Trail to turn into what we see around the Lowe's stores in Easley, Seneca, and Anderson. It just doesn't make sense.

A Comparison of What is Allowed, and What the Developer Wants:

Lowe's: Area I (formerly Parcel D)

Item-------------------- Developer's Proposed Ordinance---- Existing (2002) Ordinance
Store area---------------137,916 S.F. (inc. Garden Center)------100,000 S.F. Maximum
Sale of building materials-----------Permitted-------------------------------------Prohibited
Outdoor display and sales----------Permitted--------------------------------------Prohibited
Sidewalk sales -----------------------Permitted--------------------------------------Prohibited
Hwy. 123 Buffer----------------------25 ft. to 150 ft.---------------------------------Min. of 35 ft.
Buffer tree replacement---------------2 ½ in. dia.-------------------------------------3 in. dia.
Pkg. lot light height-----------------------30 ft.-------------------------------------------25 ft.
Issaquena access-------------------Tramlaw, plus one--------------------------Tramlaw, plus one
Business hours--------------------------Limited-------------------------------------Not specified
Storm water runoff------------------SCDHEC Stds.-----------------Wal-Mart held to NCDHEC Stds.

The "Out Parcels": Areas II and III (formerly Parcels B & C)

Item----------------- Developer's Proposed Ordinance---- Existing (2002) Ordinance
Store areas--------------------defined by “end user”-----------------------15,000 S.F.
Outside sales/display------Prohibited in parking lots, only------------------Prohibited
Sidewalk sales------------- ---------Permitted--------------------------------Prohibited
Issaquena Trail Buffer-------------35 ft. to 60 ft.-----------------------------Min. of 35 ft.
Lot light height--------------------------21 ft.---------------------------------------18 ft.
Issaquena access-----------------Shared driveways------------------------Prohibited
Business hours---------------------Not specified-------------------------------Not specified
Fast food/drive thru’s--------------Prohibited--------------------------------Permitted
Cash for title, etc.-------------------Prohibited--------------------------------Permitted
Tattoo Parlor-------------------------Permitted-----------------------------------Permitted
Gas Station--------------------------Permitted---------------------------------Prohibited
Convenience Store w/ gas----------Permitted----------------------------Permitted, to 3,000 S.F

Detention Pond: Area IV
**Formerly 2 Acres of Parcel F “Multi-Family Residential”**

Item----------------Developer's Replacement Ordinance--- Existing (2002) Ordinance
Hwy. 123 Buffer---------------------15 ft. to 25 ft.------------------------------Min. of 35 ft.
Buffer tree replacement-------------2 ½ in. dia.-----------------------------------3 in. dia.
Detention Pond fence---------------Chain link------------------------------No chain link

To review Paramount Development's proposed ordinance for yourself, see the Agenda for October 13's City Planning Commission meeting at: http://www.cityofclemson.org/index.cgi?BISKIT=4247818402&CONTEXT=cat&cat=60