BY DEBBIE PAGE

Citing citizens’ desire for residential development of U.S. Highway 21 south to be medium density in the town’s recent Future Land Use Map revision and traffic concerns, the Troutman Town Council denied a conditional mixed-use rezoning request for a 49-unit townhome development at the Shermill Lane intersection.

Developers originally planned for 80 units with two-car garages on the 13-acre site. But the revised plan calls for 49 units, ranging from 1,700 to 2,400 square feett, to achieve a denisity of 3.6 units per acre, which is closer to the two to three single-family homes currently allowed under suburban residential designation, according to developer Seth Wilfong.

This drop in density left 55 percent of the property undeveloped, with plans for walking trails to be added in this area as an amenity for residents. Only 10 percent open space is required under the town’s Unified Development Ordinance.

Assistant Planner Andrew Ventresca said the requested mixed-residential zoning holds developers to the 3.62 units per acre density. Ventresca recommended approval, despite the proposal exceeding the density recommendation, because the area along South Main Street has not been developing with single-family residences.

Town Council members cited the lack of agreement with the Future Land Use Map, created with significant public input, as well as traffic concerns and the need for products with larger lot sizes after approval of higher density projects in recent years when turning down the request.

Council member Paul Henkel told developers that it is “not our responsibility to incentivize your development. It’s not our job to make money for you, but to do what is best for our community.”

“The people have spoken about what they want to see in our community,” he added.

CEDAR STUMP PUB UPDATE

Cedar Stump Pub owner Jeremy Shaw came before the council to continue discussion about the encroachment of the pub’s outdoor stage on town property.

In June, Shaw asked the council to approve either a sale or lease to the building’s owner of either the .06 acres on which the pub’s outdoor stage stands or of a larger parcel behind the building that includes the stage.

Shaw and the previous owner of the town’s current passport building and the adjoining lot discovered that Shaw’s business was encroaching on the property after a survey completed prior to it being listed for sale. A lease for the stage area was drawn up with the previous owner but was not executed before the property’s sale to the town.

The town also discovered that the back part of this property was zoned residential while the passport office area is zoned for business use. For Shaw to use the proposed leased property, it would have to be rezoned for business use.

Wyatt and council members also had concerns about liability issues as well as the sale of alcohol on town-owned property, which may violate town policy and the UDO, both of which would need to be addressed. Wyatt also noted that selling the property could interfere with the future redirection of Wagner Street and the proposed Lytton Street connection.

Town Attorney Gary Thomas suggested that Shaw immediately acquire a $2.5 million liability policy (currently at $1 million Shaw believed) and name the town as a protected entity to meet League of Municipalities protection suggestions. He also advised Shaw to get a survey of both sections that could be leased or sold, if council approves.

After the June meeting, Shaw said he immediately added the town to his current liability insurance policy, but the process and cost to get a larger policy had been time-consuming and expensive. The difficulty of getting a surveyor and the cost was also another obstacle, especially with the council not guaranteeing following through with a lease or sale before the expenditure.

Shaw also cited the 90-day rezoning process required if the council did approve his request to lease or buy a larger section of the town’s property to create a beer garden-type venue.

Because of all these obstacles and the time frame involved for all the solutions, Shaw said he has decided to dismantle the stage and, jointly with the town, work to create a fencing option to protect town property.

Shaw also expressed a desire to work with the town to create a social district allowing people to transport open beverage containers from roughly ESC Park area to Cedar Stump from one restaurant or bar to another, which he said would help ramp up alcohol sales to restaurants at the Troutman ABC Store.

Shaw also pointed out that if the town did create the social district, the fencing off of the town property would then be moot.

Wyatt suggested forming a committee to discuss social districts, perhaps beginning in September, which would require the addition of a new ordinance and amending of others.

The council unanimously voted to give Shaw adequate time and permission to be on town property to remove the stage, working with the town manager.