The Town Board Tuesday night approved a pair of zoning-related requests – one after a lengthy discussion about conflicts-of-interest among board members. Commissioners also gave their blessing to the Bicycle Master Plan and the final report and recommendations of the Natural Assets Stakeholders Committee, or Greenprint Committee. The committee spent the past year studying the town’s trees and other natural asset and made recommendations on how to preserve them.

In other business, the board came out publicly in support of the county’s proposed $250 million bond package on the Nov. 4 ballot. (See related story, “Town Board endorses county park bonds, urges yes vote.”)

And representatives of the Children’s Community School gave a presentation on a planned expansion to include high school grades and a name change – to Community School of Davidson. (See Laurie Dennis’s extended report on this, “CCS seeks a new name and a high school building.”)

N.C. 73 PROPERTY GOES COMMERCIAL

After a public hearing, the board approved 4-0 (with Commissioner Margo Williams absent) allowing property owner Rosemary Helms to convert just under 3 acres of family property at 16024 Davidson-Concord Road from residential to commercial use.

Ms. Helms agreed to a series of conditions, including one limiting additions to the home to a small porch or deck. Although the home is in the Rural Planning Area and therefore exempt from the tree ordinance, she also agreed to seek a permit before any tree removal.

Ms. Helms had approached the town some time ago about changing the property’s use. But planners told her the switch would not be allowed if the only access to a building on the property was from N.C. 73/Davidson-Concord Road.

The board approved the request Tuesday after Ms. Helms showed that she has obtained an easement for a new driveway from the Summer’s Walk neighborhood next door. Planning Director Kris Krider said the current driveway onto N.C. 73/Davidson-Concord Road would be closed and sodded.

For several years until this past March, the former home was an office for Forest City Development, which developed the Summer’s Walk project. Ms. Helms said her current plan is to lease the space to Beth Peterson, owner of Mustard Seed, an antiques shop and garden center currently housed across Davidson-Concord Road, at Bradford Store.

Ken Gonsalves, who owns a home nearby in Summer’s Walk, objected to the rezoning, saying it would destroy the character of his neighborhood. “We do not want commercial,” he said.

Ms. Helms said her plans would not radically alter use of the site. “That’s my (family) homeplace,” Ms. Helms said. “I’m trying to retain the character of the property.”

Town officials also noted that property is across from a section of Summer’s Walk already approved for future commercial development.

LET’S TALK ABOUT CONFLICTS

The board also approved (4-0) an amendment to the Davidson Commons East Master Plan. The amendment allows developer Martin Kerr to eliminate residential condominiums from one of two mixed-use buildings on the site and convert it entirely to offices.

The project is off Griffith Street, east of the Children’s Community School and Harris Teeter. (See our Sept. 26, 2008, article, “Development to begin at Davidson Commons East”)

In letter requesting the change, Mr. Kerr said the change would allow him to respond to the tough housing market. “We believe this change responds to current market conditions that indicate a greater need for commercial space. Further, this change may make financing purchases for future owners easier, since some lenders have more stringent requirements for making condominium loans in mixed-use buildings,” Mr. Kerr wrote.

The vote may have seemed an simple one for the board, and the item initially was on the “consent agenda,” which includes items that officials deem worthy of approval without discussion.

But at the outset of the meeting, Mayor John Woods asked that it be moved later in the meeting, so board members could discuss conflicts of interest.

Board members engaged in a lengthy discussion about state laws and the ethics of voting on a project in which they have a financial interest. Two commissioners and the mayor disclosed that they had potential conflicts:

• Commissioner Brian Jenest said his planning firm, Cole Jenest & Stone, has been involved in this project from the start. He said he was considering asking to be excused from voting on the amendment.
• Commissioner Evan Webster said he does Mr. Kerr’s tax returns as well as other accounting and consulting.
• Mayor Woods said he is the “banker of record” for the Davidson Commons East project. Mayor Woods would not have a vote on this or any other project, unless a vote ended in a tie because a board member or members had been excused.

Commissioner Laurie Venzon, who is retired from a two-decade career at Bank of America, said these sorts of conflicts are clear in the business world. She said rules appear to be different for municipal government, and asked town attorney Rick Kline, “What is a conflict?”

“There has to be a direct personal benefit,” Mr. Kline replied. “It is personal financial interest of a member, which I would then take as different from the financial interest of a company,” he said.

He said he interprets the law as requiring local commissioners such as those on Davidson’s town board to fulfill the duties they were elected for. “The whole purpose of this is that you all were elected to represent the community, and you were elected to vote, not to excuse yourselves. There’s a very high standard,” Mr. Kline said.

Mayor Woods reminded the board that the development itself had already been approved, and that Tuesday’s vote was on whether to allow a minor amendment.

In the end, none of the board members asked to be excused. Mr. Jenest said “I feel uncomfortable,” but he joined the board in voting for the amendment.

OTHER BUSINESS

Also Tuesday, the board:

• Voted 4-0 to endorse a final report and recommendations of the Natural Assets Stakeholder Committee, which has been meeting over the past year to study the town’s trees and other natural assets. The recommendations include suggestions for preserving open space, managing the town’s tree canopy, and educating citizens about the town’s natural assets. Board members agreed that the recommendations and report should be incorporated into the work of a new committee that will be drawing up a townwide Comprehensive Plan.
• Held a public hearing on proposed amendments to Section 7 of the Davidson Planning Ordinance, which would make minor changes to the town’s development review process, including the role of the planning board. For a copy of the proposed changes, CLICK HERE>
• Held a public hearing on proposed amendments to the Affordable Housing Ordinance. Affordable housing coordinator Cindy Reid reviewed the proposed changes, which include a new formula for determining eligibility for affordable housing units. Few comments were offered, though former Town Board member Dave Martin asked Ms. Reid to reconsider a clause that would give preference to those who live in Davidson. He said the original intent of the board that adopted the ordinance was to make it possible for those who once lived in Davidson, such as children of residents or those who previously lived here, to have a shot at moving back. As written, it could be more difficult for them to move back.
• Approved a year-end recap of budget adjustments for 2007-2008, totaling just over $2 million. Download a copy of the adjustments.
• Approved the proposed Bicycle Master Plan. Download the plan on the town website.
• Approved proposed amendments to the town’s fee schedule, including fees charge for building permits and site plan reviews.
• Approved term assignments for the town’s representatives on the MI Connection cable system board: Evan Webster (Jan 1, 2008, to Dec. 31, 2009); Ron Steen (Jan. 1, 2008, to Dec. 31, 2009) and Ken Essex, (Jan. 1, 2008, to Dec. 31, 2008).

The board took off the agenda a planned vote on an agreement with Cornelius and Mooresville to establish a regional transportation commission. Town Manager Leamon Brice said the agreement was not ready for a vote.