We say that confidently because we feel it has all the elements of the last conditional use permit denial city council had, by court order, to go back and approve.
The quasi-judicial setting this hearing was held under Tuesday night is clear to us.
MaSuki presented its plans to the city's Planning and Development Department, which conducted a thorough investigation, finding that the 192-unit fair market value apartment complex was in harmony with the surrounding area, would not significantly devalue residential property in the Villages at Cross Creek community, if it would devalue it at all, and found that traffic would not be an issue.
At that point, the burden fell on the opponents of the project to provide credible evidence on why the city's leaders shouldn't approve it.
It is our belief the opponents of this project gave less than convincing arguments, arguments fueled by fear the development would turn into subsidized housing one day like Fairfield Apartments, which can be seen in the distance.
That Fairfield Apartments is in view and that the residential community was built should be a sign the original developers had no misgivings about this project.
A certified property appraiser showed that Becker Farms Apartments, which came first on Old Farm Road, certainly didn't slow residential growth in that community.
If MaSuki was to ever decide to turn this project into subsidized housing it would require another conditional use permit hearing. If that happened, residents in the community would have every right to be angry because they were duped.
There was also the fear their property values would diminish if the project was given council approval. They presented no evidence this would happen, just conjecture that it might, while MaSuki, represented by Franklin Jones, a longtime attorney in Halifax County, showed there would only be minimal devaluation if the project backed directly into the residential community. If that happened only MaSuki would be the victim because it owns the property nearest where the apartment complex would be located.
Villages at Cross Creek was developed with growth in mind. It was to have a mix of commercial, retail and housing to prepare the city for more prosperous times.
While that growth hasn't been as immediate as any of us would like, we're seeing small steps toward that progress and we know from both city council and county commissioner meetings work continues behind the scenes to encourage that growth.
Jones spoke about that growth Tuesday night. We believe that growth is going to happen and the city must prepare ahead of time.
We realize we will be accused of being Pollyanna, that a Sheetz and Zaxby's and a mattress store on Premier Boulevard aren't necessarily the signs of an economic revival. They are more than we've had recently and if you look at the growth around Villages at Cross Creek — gyms, medical facilities, a veterinary office as well as Halifax Regional nearby, there is that hope and belief that things are turning up and the original intent of this development was indeed a wise one.
One woman talked about the struggles she has had finding a decent place to rent, telling council she was shown all grades of substandard housing, rentals with no sub-floor and rentals with plastic covering windows. The apartments in question, she said, would be the perfect alternative for her housing needs, a safe place, a nice place to live.
We certainly don't wish a court battle on the city like the one it had with David King's cell tower proposal on the back of his property at the former Roanoke 2 mill. That was a disaster from the start, residents in the community making flimsy complaints about perceived health issues and trying to use the matter as a stepping stone to talk about the condition of the mill that fronts Jackson Street.
In its deliberations on the MaSuki proposal, neither the planning board or council even discussed possible compromises, attaching certain conditions upon the proposal that could placate the residents in Villages at Cross Creek while allowing the developers to proceed with the project.
We feel certain that if the planning department saw something wrong with the proposal there would have been a recommendation for denial.
Now we feel, like the cell tower matter, the same fate could be likely in the MaSuki issue and that the city will find itself back in court.
If it does get that far, we can't say what the outcome will be, but it's our opinion that council's decision Tuesday night is one that makes for a safe bet they haven't heard the last from MaSuki Incorporated. — Editor
