Hampstead's Planning and Zoning Commission voted last night to recommend that town officials revise the ordinance governing general business zoning.
Under the revised ordinance, Hampstead's Board of Zoning Appeals would have the final say over whether some property uses, such as truck terminals or golf driving ranges, would be allowed in general business zones.
Concerns about the zoning -- which is the town's most liberal type of business zoning -- arose when plans for a tract of Roberts Field Business Center came before the commission.
Some residents of the adjoining neighborhood expressed opposition to the proposed uses -- a Wendy's restaurant, a Blockbuster Video and a Yingling General Tire center -- for the site.
The property's owners have since indicated that contracts for the video and tire stores have fallen through.
Commission members, in a 3-2 vote, also rejected a proposal that the Roberts Field center, on Route 30 at North Woods Trail, be rezoned to local business zoning.
Hampstead's code specifies that uses in local business zones be more compatible with residential areas than general business zoning.
Town Manager John Riley had recommended that the commission reject the proposal. To rezone, town officials would be forced to prove that the original zoning was a mistake, which is very difficult to support legally, he said.
"My objective is to stay out of litigation," Mr. Riley said.
Nevertheless, Hampstead's Town Council has scheduled a public hearing on the proposed rezoning for Dec. 13.
Based on the results of that hearing, council members could decide to rezone the area anyway.
Brooks Leahy, attorney for the owner of Roberts Field Tract 5, told the commission that he thought both the proposed rezoning and proposed zoning ordinance change were unwarranted.
He agreed with Mr. Riley that the burden of proof for rezoning had not been met by the town. As for rewriting the zoning ordinance, he said, "It seems like a lot of concern is misplaced here. Instead of killing the fly with a flyswatter, you are using a sledgehammer."
Replied Alex Obrecht, a resident of Coon Club Road, "If you make up a list of uses that you will definitely not put on the property, then perhaps we'll be willing to put the sledgehammer back in the basement."