BY QUINT QUALLS
A developer offering to dedicate 32.89 acres of land to Spring Hill for an expansion of Port Royal Park in exchange for removal of a condition imposed by the planning commission had his appeal denied by the Board of Mayor and Alderman.
The Board voted unanimously to uphold the planning commission’s condition of approval for the new development’s preliminary plat requiring him to build a sidewalk.
Developer Randall Shaw, of Shaw Enterprises, came before the BOMA in August to offer the dedication of 32.89 acres of land for Port Royal Park in exchange for exemption from the city’s adequate facilities tax for his new subdivision, The Cove at Spring Hill. It is located near the intersection of Tom Lunn Road and Port Royal Road.
Although city leaders chose not to exempt Shaw from the tax in August, they did accept his dedication, only requiring him to construct sidewalks on one side of the streets of the new development.
Shaw then came back to the Board earlier this month, arguing that he should not have to build a sidewalk on Tom Lunn Road.
Speaking on behalf of Shaw before the Board, attorney Gino Bulso argued that the planning commission’s condition violates the resolution adopted by the Board in August, whose only condition regarding sidewalks was that Shaw would only be required to construct them on one side of the street in the development.
Bulso also argued the condition was imprudent and wasteful because upcoming milling and overlay work on Tom Lunn Road would mean Shaw would have to spend $100,000 to build a sidewalk only to then have it torn up as a result of roadwork.
However, city leaders saw the issue differently.
“I ask we appreciate the presentation made to us and their reasoning,” said Alderman Jonathan Duda, “but from the city side, I’ve seen too many projects fall on city responsibility, sidewalks in particular, that take us years to complete and become our ultimate responsibility. They may be done with their development 10 years from now, but a Board of Mayor and Alderman 10 years from now is going to have a decision to make about conforming a road with sidewalks next to, by the way, one of our jewels of a park.
“I’m looking at the holistic picture, and I understand the point that was made tonight that the dedication is removed. I would sure like to work with them to get 32 acres but not at the expense of all of these things.”
Alderman Bruce Hull said he has seen the city build a lot of roads but never tear up a sidewalk to do mill and overlay work.
“I believe at the planning commission we offered to allow them to pay a fee in lieu of constructing a sidewalk,” said Alderman Matt Fitterer. “And you don’t mill up fees-in-lieu-of.”
The Board voted 9-0 in favor of upholding the planning commission’s approval of the preliminary plat for The Cove neighborhood with all of its conditions of approval.
At the BOMA work session earlier this month on Oct. 3, Shaw said if he couldn’t work out the negotiations over the sidewalk with the city, he would pull the dedication and end up selling the land to the highest bidder within 30 days.
Quint Qualls covers Spring Hill for Home Page Media Group. Reach him at [email protected].
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