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Charleston is considering using the last of its greenbelt funding to buy 6.5
acres of land surrounding Angel Oak Park on Johns Island.
If approved, the deal would quadruple the size of the park and allow the
city to quickly relocate a parking area that's said to be damaging the roots
of the ancient Angel Oak tree.
The land would be purchased for $518,000 from a developer who's been working
for years on controversial plans to build apartments and stores on a
property adjacent to the city's tiny park. Most of the land involved in the
city purchase was previously designated a conservation area, under the
development plan, but Mayor Joe Riley said owning the land would ensure its
protection.
"For us, the ability to own it rather than just have it subject to a
conservation easement is important," Riley said. "It gives another level of
protection to the tree."
The land wraps around Angel Oak Park, a 2-acre park on an unpaved road that
connects to Bohicket Road, and then extends to the west.
The related development plan was stalled last year after the U.S. Army Corps
of Engineers reversed two prior rulings and declared there were wetlands on
the property subject to federal jurisdiction. Developer Robert DeMoura has
applied for a federal permit to fill about 2 acres of wetlands.
DeMoura said the city would be getting a good deal on the land he's offered
to sell. He said the price represents less than his company's cost, and only
about 20 percent of the appraised value.
"It is in the best interest of the city to own that, and have total control
of it without my involvement," he said. "This is the best thing for Angel
Oak Park, which is what we've all been discussing."
The Coastal Conservation League had hoped to buy a different, larger section
of the development property, running from the park all the way to Bohicket
Road, but funding was not identified and talks stalled after a meeting last
year.
"I would be surprised if they do not applaud it," Riley said of the city's
proposed deal.
But -- surprise -- the league is not applauding.
"The taxpayers are going to be paying Mr. DeMoura too much money to do what
he had already agreed to do, which is to leave this area in conservation,"
said Katie Zimmerman of the Coastal Conservation League.
Angel oak -
City documents about the deal
Previous stories
Developer seeks to fill wetlands: Permit request
involving 3.4 acres of wetlands latest focus in long battle over plans near
Angel Oak Park, published 7/12/2010
Project near Angel Oak hits hurdle: Army Corps of
Engineers reverses ruling on wetlands, published 3/18/2010
Zimmerman suggested there's no need for the city to buy the land, because it
was to be set aside as a conservation area. However, the Coastal
Conservation League had also proposed that DeMoura shift development to the
land marked for conservation, as an alternative to disturbing wetlands
elsewhere.
"This would effectively prevent any shifting," Zimmerman said.
And that's Riley's point -- that by owning it, the city will be in control
of the land and certain it can't be developed.
If the sale is approved, Riley said the city could relocate the Angel Oak
Park driveway and parking area away from the tree, and later relocate a gift
shop that's on the property.
"It would be good to relocate the parking area, but this sale is
unnecessary, because the developer already agreed to all those things," said
activist Samantha Siegel of savetheangeloak.org. "This is already
conservation land."
The Angel Oak is an enormous Live Oak tree rumored to be about 1,400 years
old. The city bought the tree and 2 acres surrounding it in 1991 at a
delinquent tax sale, for $127,900. The prior owner, St. Elmo Felkel, had
acquired the property in 1964, turned the tree into a tourist attraction,
and installed the gift shop and chain-link fence.
The money that the city would use to buy additional land for the park is
what remains of the Charleston's allocation for urban land purchases from
Charleston County's half-cent transportation and green space sales tax.
Charleston City Council will consider the land deal at a committee meeting
at 4:15 p.m. Monday in City Hall. The vote takes place Tuesday.
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