The decision to continue the public hearing involving a 192-unit market value apartment complex by MaSuki Incorporated was led by Councilman Wayne Smith. “Requiring the decision-maker to say why they reached the decision takes away the discretionary power of the decision-maker and ties them to statements that may not reflect the full reasoning behind each decision-maker's decision,” Smith said before making a motion to continue the public hearing until council's February 3 meeting at 5:15 p.m. at the Lloyd Andrews City Meeting Hall. “It probably isn't possible I have a statement that captures the entire reason of the decision-makers.”
He said during a break that came after the more than one-hour public hearing, “To me there was so much information I need to comprehend. I can't do that in 10 minutes.”
Because a conditional use permit hearing is a quasi-judicial proceeding it will be as if council is a jury and cannot deliberate amongst themselves outside council chambers.
That the conditional use permit came in as an amendment to the planned unit development was because the initial request was processed as a standard or conventional rezoning.
Last month the city's planning board shot down the proposal by a 5-3 vote, those in the majority agreeing the proposal was not in harmony with the original concept of the development and that the proposed development could be spot zoning in relation to the initial plans.
Planning and Development Director Kelly Lasky said prior to the hearing the Villages at Cross Creek community was initially planned to allow for different zoning districts. “The proposed change is similar to the other zoning allowed.”
Franklin Jones, a Roanoke Rapids resident and attorney practicing law in Halifax, represented MaSuki developer Mark Gregory in the proceedings.
Jones addressed fear and speculation of several speakers that although Gregory's intent is to build a market value complex, it could eventually become subsidized housing. Such a change, Jones said, would be a substantial shift from the original intent of the proposal that it would have to go through another planning board review as well as another conditional use permit hearing.
Many of the Cross Creek residents speaking this evening were concerned about the project affecting their property values.
Reggie Baird, a former council member who lives in the community, said he believed when the community was built, there were perpetual covenants that came with it. He said there is $14.7 million in property taxes coming from the community that could be jeopardized by a perceived 10 percent devaluation if the complex is built. “That 10 percent is a $1.4 million loss. Consider our investment … Don't change the rules on us now. We were there first.”
Thomas Barrett, a certified property appraiser, said, however, his analysis over the last 10 to 12 years of similar properties in Roanoke Rapids showed a 5-percent to 10-percent property devaluation only comes into play when multi-family dwellings are immediately adjoining or backing up to single family dwellings, not when they are one or two lots away. “There's no data that says they will have an adverse impact.”
Because Gregory owns other land in the development besides the 20 acres he wants to use for the apartments, Barrett said, “The only adverse affect is that property owned by Mr. Gregory.”
Betty Harris, of Wilkie Real Estate, said there are very little rental properties in the range Gregory plans — $800 to $850 for two-bedrooms and $950 to $1,000 for three-bedrooms — moving right now. “We have a townhouse that we're asking $850 for and have not been able to rent it.”
Gregory said, however, the company studied the area before deciding to move forward. “We don't want to develop anything that's not appropriate. We're investing in the community.”
