A planned fifth phase of the Cedarwood Subdivision on Powell’s west side has been canceled, after the developer determined it would be too costly to comply with city requirements.

The city council voted Nov. 16 to defeat an ordinance rezoning a piece of property from agricultural to residential, since the developer will not be proceeding with the project.

Rosewood Corporation had requested the rezoning for the Cedarwood Phase V development. The project, which would have been located south of where Cedarwood and Basil drives currently end, would have included 17 lots spread across 7 acres.

But there was an unexpected complication.

In 2001, when phase IV of the development was annexed into the City of Powell, Rosewood donated a little over 2 acres of land for a future city park; city ordinances require annexed developments to donate 6% of the total area of land for park space, or to make a payment equal to 10% of the value of land being annexed.

However, as Rosewood developers Mary Lou and Brad Cummings proceeded with the zoning process for phase V, it was discovered that, when the subdivision was platted, a strip of land on the northern edge of the future park was left in the possession of Rosewood for an east-west road.

“Perhaps a greater mind than mine might have foreseen this turn of events, where that strip newly appears on the county plat as part of Phase V,” said Mary Lou Cummings, president of Rosewood Corporation.

The resident who lives the closest to the planned park space wanted a paved road along the strip of land; he was concerned about traffic accessing and exiting the lot via the dead end on Basil Drive, in front of his home.

City officials were going to require Rosewood to construct the road as part of phase V, and Cummings said that added $120,000 to the company’s costs to build the project, making the investment far less certain.

“The requirement to pave the street without ownership on either side of it added an immense financial burden to the project, making it a much higher risk,” she explained.

Cummings said the decision not to move forward on the project was made with “great disappointment,” but was just a business decision.

“We have happily lived and served the city of Powell for over 38 years, and do not want it to sound as if we are acting out of spite or without reason,” she said.

After the company decided to cancel the project, Brad Cummings resigned from the Powell Planning and Zoning Board, but Mary Lou Cummings said it was unrelated to the disagreement over the city’s requirements. Because of health issues, Mary Lou Cummings cannot spend winters in Powell. So, from November through March, Brad Cummings misses the board’s meetings.

“It made no sense to remain on the board when he could not be present for five monthly meetings each year,” she explained.

Last year, the Cummings had explored the possibility of developing the park space and making a 10% payment to the city instead, but the idea ran into opposition from area residents and turned out to be unfeasible. Due to budgetary constraints, the city has yet to develop a park on the space, but the expectation is that it will happen at some point in the future.

In the meantime, the City of Powell is allowing its 2 acres to be used as an agricultural field.