By Richard Caines

SALISBURY — Despite the future of a proposed large residential and commercial development in downtown Salisbury hitting a speedbump with a recent circuit court ruling, a developer with the project wants to work with city officials to move the plan forward.

The proposed development, Salisbury Town Center, would be built on the site of three downtown parking lots facing Unity Square and consist of 222 multi-family units within three buildings when finished.

But the plan recently hit a snag when a circuit court judge denied the developer’s appeal over a November 2023 Salisbury Board of Appeals decision. The developer was asking for a special exception to increase the density of the development.

“After hearing arguments from both sides, Judge Jackson dismissed the developer’s appeal, essentially binding that our city code is preempted by state legislation,” Special Counsel Reena Patel said during a March 4 City Council meeting.

Patel said as of right now, the density request is denied, however, there are additional levels of appeals that either party could file.

Representatives of Salisbury Town Center Apartments had asked the board for a special exception to increase density to 77 units per acre on part of Lot 1 and all of Lots 11 and 15.

All of the properties are former city parking lots that were sold to the developer.

“The council in 2002 voted to surplus these parking lots and there have been multiple versions of this development proposed for the past two decades,” developer Brad Gillis said. “We have gotten further than any other prior developer because we purchased the property and we had, or have, an agreement with the city.”

Gillis said the court hearing was all about increased density and whether it can or cannot be granted with special exceptions.

“The merits of our project — is it good, is it bad — were never heard because it is as if, we should have never been to the board of zoning appeals,” Gillis said. “The judge said you should have never been there.”

During the March 4 meeting, Gillis told the city council that because of the judge’s ruling, developments like Mill Pond Village, Jasmine Drive, Martin’s Mill would not be allowed.

“They are done. It is literally a dumpster fire,” Gillis said. “It is no longer about Salisbury Town Center. This has become an existential crisis for the city of Salisbury and the vehicle associated with the special exception.”

Some council members brought up the idea of changing the city’s code of ordinances to make it easier for projects like Salisbury Town Center to move forward.

“I think that is a good conversation because it sounds like this ruling is going to the state level,” City Council President D’Shawn Doughty said. “But what’s going to happen with previous projects and then future projects? It looks like this is a good time or a good place for us in our current code to look at the zoning.”

Gillis said he wants to work with Mayor Randy Taylor and the city council to come up with a solution. He said he wants the city to come up with a zoning text amendment and move forward with passing a bond ordinance for the parking garage.

The city’s piece of Lot 1 would contain a new parking garage built by the developer and owned and operated by the city. It would be financed with a city bond issue and paid off with fees charged to garage users.

“We essentially become a tenant of that parking garage,” Gillis said. “So, I believe that the city, especially the mayor, believes the project is stalled because of the court hearing. I’m advocating the city has responsibilities that have not been met.

“The city is required to have a bond ordinance passed prior to our site plan approval.

And if they don’t pass that, then we don’t have a project. I don’t know what the city’s position is on that, but they haven’t done it.”

The Salisbury Town Center has received opposition from residents and nearby property owners, most of whom have objected to the elimination of the parking lots and to what they see as unnecessary costs for the construction of the new parking garage.

“Let’s make sure everybody matters in this, not just five people sitting here,” Salisbury resident Lisa Gingrich said.

Gillis told the council that if the community does not want to do the project anymore, he is OK with that. Construction crews recently demolished a parking attendant’s booth on Lot 1.

“But move it forward,” Gillis said. “The word stall is not in the vocabulary of this project.

We are moving forward with or without the cooperation of the mayor. Please help us in moving this project forward, or with an alternative project, which I’m happy to consider.”

Mayor Taylor responded to remarks made by Gillis at the March 4 meeting by saying, “I know we aren’t exactly seeing eye to eye right now, but I came here to do this job. I’m not shying away from what we’ve got to go on here.”

Reach Managing Editor Richard Caines at rcaines@iniusa.org.