Zoning group denies rehearing

Published 11:52 am Monday, March 17, 2008

By Adam Smith

The North Jefferson News




Emotions ran high Thursday night during the monthly meeting of the Gardendale Planning and Zoning Commission.

The majority of the meeting was dedicated to the board’s decision on whether to re-evaluate zoning plans that would allow a townhouse subdivision. At the last Planning and Zoning Commission meeting, the group gave an unfavorable recommendation to developer Randy Brooks’ plans to rezone 60 acres located behind the Magnolia Ridge subdivision. The Gardendale City Council also turned down Brooks’ request.

By meeting’s end, commission member William Flippo said he wanted to resign from the group over what he felt was “character assassination” by Brooks over comments Flippo had made at the last commission meeting regarding the development.

On Friday, Flippo said he was “still thinking about his decision” to resign from the commission.

On March 5, Brooks sent a letter to commission chairman Jack Fields outlining several issues that he felt created confusion for commission members. Fields said an article in the commission’s rules state that the commission cannot re-hear a rezoning request until six months have passed, unless there is “an unusual situation or circumstance.”

However, commissioners voted that there were not enough changes from Brooks’ first proposal to warrant a re-hearing on the project.

Brooks’ letter identifies several issues that he felt may have been confusing to the members, including questions about a road to be built through Caufield Square that would join Odum and Mt. Olive roads, and would also provide Brooks an entrance into his project.

Brooks, of Gardendale Fifty LLC, had deeded over property to the city to build the road, because he said city officials had told him that the proposed retail development, Caufield Square, would not be a reality without the road.

Saiia Construction was then reportedly hired to begin site work and construction on the road.

Other issues include whether or not the road had been inspected by city officials.

Gardendale Building Inspector Robert Ryant claimed an excavation permit issued for Caufield Square did not mention plans to build the road or a retaining wall near where the road ends at Odum Road.

However, Brooks told commission members a permit provided to him by Saiia Construction was for “excavation and road” work.

Brooks also said while the road was constructed, it was not finished to the point of having the Gardendale Inspections Department inspect the road.

Ryant said roads aren’t normally inspected until utility work has been completed on the road. Brooks said no utility work had been done, but Ryant said the stormwater piping on the road constituted a utility.

Ryant also said the road, which has laid dormant for months, has serious erosion issues that will have to be repaired before work is completed on the project.

The Gardendale City Council was also scheduled to meet Friday to determine ownership issues on the road. Mayor Kenny Clemons was expected to ask the council how to proceed on the road.

“Palladium Properties [Caufield Square developers] were to have paved the lower part of the road and the county possibly doing the other part,” Clemons said. “They [Palladium Properties] have since pulled out of their plans. There’s a lot of work still left to be done by Palladium Properties that has not been done. I don’t know who’s going to do that.”

Construction contracts will have to be signed by the city, Jefferson County and the Jefferson County Board of Education before more work can be completed on the road.

Other issues included members’ initial rejection of Brooks’ plans, citing differences between originally submitted plans and what Brooks presented at the initial commission meeting.

Members also cited concerns brought up at the previous meeting on whether or not Brooks’ development is right for the city.

Brooks has contended the townhome development would be aimed at senior citizens or empty nesters.

Commission member Carrie Cotney said other townhouse developments in Gardendale that were also aimed at senior citizens have few senior residents living there.

“You can drive down the road and you can see that is not the population that makes up those developments,” Cotney said. “Gardendale has to take very seriously the types of houses and income bracket that they’re going to be aimed at. It will be more of a transient population and not people who are here to stay.”

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