A majority of City Council members on Tuesday voted to squelch a planned development at The Quarry on Read's Lake Road.
Six council members (Ken Smith, Anthony Byrd, Jerry Mitchell, Russell Gilbert, Erskine Oglesby and Chip Henderson) were in the majority, while Demetrus Coonrod voted no and Carol Berz and Darrin Ledford abstained.
Developer James Pratt has been planning to put a development at the former golf course, but neighbors are fiercely opposed.
They were out in force at the council meeting.
The council in April went along with a request by Councilman Henderson to place new conditions in the current C-2 zoning that had the effect of downzoning the property against the owner's wishes.
The developer noted that the city 16 years ago had changed about 600 tracts to C-2. He earlier told the Planning Commission, "To go back to the zoning from 16 years ago, that's crazy."
Saying the city "over-reached," he added, "This is improper, illegal and just not right."
City Attorney Phil Noblett reiterated on Tuesday that the law "does allow the imposing of conditions for the benefit of the public."
Prodded by Councilman Henderson, John Bridger of the Planning Commission said it may be possible that in 2002 nearby residents were not notified that the large tract near their residences was getting the commercial designation.
Plans for The Quarry included 25 single-family home lots on two cul-de-sac roads near the clubhouse, 10 apartments, 60 townhomes and four single-family lots in a middle section, and 24 townhomes, 16 apartments and five single-family lots at the south end.
Councilman Henderson said the property was rezoned from R1 to R4/C-1 in 1977. He said there was a change in 1980 to allow a restaurant and bar. In 1992, he said the City Council carried out a wholesale rezoning that changed a number of C-1 zones to C-2, including The Quarry clubhouse portion.
Councilman Henderson said C-2 is "the wild, wild West. You can do almost anything you want to in a C-2."