Lawsuit would stop Irmo from reconsidering a rejected 500-home development
.jpg "Plan for the proposed Water Walk development")
A controversial housing development in Irmo is now the subject of a lawsuit that wants to block the town from reconsidering a plan to bring more than 500 homes to the Lake Murray area.
The lawsuit filed Monday by town resident Adam Raynor accuses Irmo of not following its own procedure for approving developments, and wants a court to block the Irmo Planning Commission from reconsidering a previous decision denying the Water Walk development.
The suit comes on the heels of the planning commission’s Aug. 12 decision denying approval for the 550-home development, agreeing with concerns raised by town planning staff about Water Walk’s density. The plans by Charleston-based developer Material Capital Partners had drawn opposition from the public over fears it would increase traffic congestion and otherwise impact neighbors to the 65-acre property on Dreher Shoals Road.
But the commission vote doesn’t mean the project is dead. A statement from the town indicated the planning commission could consider a revised version of the development, perhaps as soon as next month.
“The developer is considering making changes to the proposal,” Irmo posted to social media. “If changes are made, the revised proposal will be reviewed by the planning commission again. If the proposal remains unchanged, it will be reviewed by the town council on Sep. 17.”
Raynor contends that the town’s planning ordinance does not allow for the planning commission to reconsider a proposal it had previously rejected.
“(O)nce a proposal is denied, the proper procedure is either to appeal the decision to the Circuit Court or to bring the decision before the Town Council,” the lawsuit claims. “The ordinance does not provide for the project to be returned to the Planning Commission without restarting the process.”
Irmo Town Administrator Courtney Dennis told The State Tuesday he had not yet seen the lawsuit and declined to comment on pending litigation.
What the lawsuit says
Raynor’s lawsuit cites an email exchange with Assistance Town Administrator Doug Polen that the ordinance doesn’t not prohibit the planning commission from reconsidering a revised submission, but Raynor rejects that interpretation.
“(T)he Town of Irmo’s argument that the absence of an explicit prohibition allows for sending the project back to the Planning Commission, this interpretation is flawed,” the suit says. “The ordinance explicitly provides the procedure for handling denied proposals-either an appeal to the Circuit Court or review by the Town Council-implying these are the exclusive steps.”
Raynor cites language in the town planning ordinance that “Action shall not be initiated for an amendment to re-zone the same parcel or parcels of property or any part thereof to the same zoning classification by a property owner or owners or owner’s agent more often than once every 12 months.”
The suit asks that the court quickly schedule a hearing and issue an injunction before the planning commission next meets on Sept. 9.
While the town ordinance does allow for the town council to consider — and even reject — a planning commission recommendation within 60 days. The town’s social media indicated the council would do so absent any further action by the planning commission by its Sept. 17 meeting.
But the lawsuit asks for a restraining order “preventing the Town of Irmo from conducting any hearings or taking any actions related to any similar projects that was initially denied by the Planning Commission until a final judgment is rendered by the Court. “
“This lawsuit is about ensuring that the Town of Irmo follows the law and adheres to the procedural safeguards that are in place to protect the rights of all parties involved,” Raynor said in a statement Tuesday. “The integrity of our local governance is at stake.”
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