Officials settle oak dispute

It was either Charleston's way, or the highway. Charleston officials agreed Tuesday to spend $3.5 million to buy a tract on Johns Island, rather than back down in a disagreement about development regulations for a tract surrounding the city's tiny Angel Oak Park. It looks like the city won't have to spend the money, however, because North Carolina developer River Birch agreed to the city's conditions and plans to complete the land purchase from Sea Island Comprehensive Health Care, a nonprofit provider of rural health care services. While it appears Mayor Joe Riley and City Council got what they wanted, the development plan will still allow nearly 300 homes and a supermarket near the intersection of Maybank Highway and Bohicket Road. The $3.5 million River Birch deal is central to Sea Island's plan to emerge from bankruptcy and continue its mission of serving the rural poor. With the deal set to be completed next month, a sticking point emerged when Riley insisted that the developers essentially give up the right to develop a portion of the land they had agreed to buy around Angel Oak Park and lining Angel Oak Road. River Birch initially declared the restrictions unworkable and threatened to walk away from the deal and that could have ruined Sea Island's bankruptcy reorganization plan. Riley and City Council responded by agreeing to issue bonds and buy the parcel, if the developer balked due to the city's land-use requirements. During the course of about 10 days and three public meetings, attorneys for River Birch argued for softer rules and warned that the city's actions could imperil Sea Island. Riley accused the developer of wanting to damage the Angel Oak tree, which some describe at the oldest living thing east of the Mississippi. In the end, River Birch agreed to the city's demands, which included a 150-foot buffer around Angel Oak Park, a 75-foot natural buffer along unpaved Angel Oak Road and additional city review as the development proceeds. Most of the conditions were laid out at a City Council meeting last week, but some were introduced moments before a vote at a special 8:30 a.m. council meeting Tuesday. Susan Smythe, a lawyer for River Birch, argued that it was unfair to make last-minute changes to zoning terms, such as redefining a "conservation zone" around the park as an area that must be left undisturbed. Under city zoning rules, conservation zoning typically allows limited development. "We are still trying to come to grips with all that has happened," said Brad Schrum of River Birch, following the meeting. He said River Birch plans to go forward with the acquisition of the land, and the development. Plans approved by the city would allow stores and 285 housing units on the 52 acres. River Birch has agreed to consult a hydrologist and a tree expert, and also will set aside about 7 acres immediately west of Angel Oak Park for conservation.

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