By William C. Singleton III
The Vestavia Hills City Council delayed a vote on a controversial rezoning after the developer offered to change his proposal.
Steve Hydinger, managing director of BREC Development LLC, sought conditional rezoning to build a mixed-used development that would include retail and apartments. Because portions of the development would include buildings exceeding 35 feet, Hydinger had to apply for conditional rezoning.
The current B1.2 zoning allows developments with a height of 35 feet or three stories, whichever is less. Hydinger was seeking to build structures taller than 35 feet, including a controversial four-story apartment complex near Cahaba Heights Elementary School.
However, at the council’s Oct. 26 meeting, Hydinger said he would amend his proposal to bring his development in line with existing zoning laws.
His sudden change of plan caught the council and the audience of more than 160 people off guard as the council discussed whether the change meant the entire matter would have to go back before the city’s Planning and Zoning Commission.
City officials said the proposal would have to go back before the commission if “substantial changes” are made. City Clerk Rebecca Leavings, who serves as the city’s zoning expert, said she needs to review BREC Development’s amended plan before deciding whether it constitutes substantial change.
If the amended proposal doesn’t include substantial changes, the council has set Dec. 14 as the day to vote on the rezoning.
Cahaba Heights residents have been up in arms over BREC Development’s plans to build apartments adjacent to the elementary school. They say the development is too big for the neighborhood, would increase traffic near the school and doesn’t fit the village feel residents want for their neighborhood.
Hydinger, however, said the development fits within the Cahaba Heights Master Plan, which was devised with community input. He has said that three of the seven parcels on which he plans to build the development are already zoned for mixed use.
Hydinger also has amended his proposal to the number of units in the apartment from 150 to 80. He also has proposed more retail space, 5,000 square feet instead of 2,000, a bigger parking area and a road to help traffic flow that would be created by the development.
The city’s Planning and Zoning Commission in September voted 6-2 to allow rezoning for the mixed-use development. The commission’s vote is only a recommendation to the council.
The council’s decision to postpone a rezoning vote put a damper on a potential chorus of voices who attended the meeting to oppose the proposal.
However, several residents still voiced their concerns about the project outside City Hall and during the citizen’s comment period near the end of the council meeting.
Resident Keith Lee remained unimpressed with Hydinger’s plan to reduce the height of the apartment complex. “Whether it’s three stories or four stories, it doesn’t matter. It’s still next to our school,” he said.
Resident Jeremiah Rogers agreed. “I don’t think the removal of the fourth story is going to change all the problems with the development that the community has,” he said. “It’s still very high density within just yards from the school, it will tower over everything in the neighborhood, and it will be the biggest building in Cahaba Heights.”
Vestavia Hills City Schools Superintendent Sheila Phillips has gone on record opposing the proposal but said it’s a matter the school system doesn’t control because it doesn’t own property.
“To be clear, I have urged the City Council not to approve this measure due to potential negative impacts related to property supervision, students who walk to and from school, impact on carpool lines, safety and security, and future campus design,” she said in a statement released on the school system’s website.
The Cahaba Heights Community Foundation also has collected more than 2,000 signatures opposing proposed apartments next to the elementary school.
Councilman George Pierce said he would not be voting on the issue because of a conflict of interest and abstained on the vote to postpone the rezoning. After the meeting, Pierce explained that he works for Associated Builders and Contractors, and a member of his group will build the project should the council approve the rezoning.
