Proposal would give developer access to Shell Toomer

A proposed agreement in which the City of Auburn would take control of Shell Toomer Parkway would end a lawsuit between Auburn developer Tom Hayley and the state.

Hayley sued the Alabama Department of Natural Resources for access to the state-controlled parkway from his West Pace development at Exit 51.

The agreement, which was presented to the city council Wednesday, would settle the suit.

The document states the deadline for accepting the agreement was Thursday, but City Manager Charlie Duggan said because the city had not had much time to review it, his office would ask for more time. The city would not pay any money for the road, he said.

In the proposed agreement, the city would take control of the road from the Department of Conservation and allow Hayley access to the parkway. In return, Hayley would build and pay for three structures in Chewacla State Park. The document does not say what those structures might be used for or how much they might cost.

Duggan said the proposed agreement came from Hayley and the state. By taking control of the parkway, the city helps West Pace move ahead and can protect residential areas, he said.

“It would give the city control over additional curb cuts along the road,” Duggan said.

With ownership, the city would also take responsibility for maintaining the road. As far as what that would cost, “we’re still putting those numbers together,” Duggan said.

Hayley’s West Pace development has yet to form a development district. The city has approved an agreement whereby West Pace may issue bonds to pay for the infrastructure. The bonds would be repaid by future tax dollars spent at the proposed high-end shopping center.

Shell Toomer Parkway leads from Chewacla State Park to South College Street and has several residential areas along its length.

Joseph Shabo is an officer with the non-profit Citizens for Preservation of Shell Toomer Parkway and a resident of the area. He said he was surprised at the move and questioned the legality of transferring land without public input.

“It’s been years and years we’ve been trying to protect it ...,” Shabo said. “Legally, it’s very much part of the park itself. It’s not a separate thing. … It belongs to everybody in Alabama. It doesn’t belong to Auburn.”

Neither Hayley nor the state returned phone calls Thursday.

The city council is scheduled to address the issue at its Sept. 16 meeting, Duggan said.