Council issues 120-day moratorium on new development in West Homewood

The city of Homewood will not issue new construction permits for the West Homewood District from June 14 through Oct. 14 while the City Council decides on changes to that district’s zoning codes.

The Council voted unanimously to place the 120-day moratorium at its June 10 meeting. The moratorium applies to any construction that meets the Building, Engineering and Zoning Department’s definition of new construction, though remodeling or renovation work will be allowed.

Ward 2 Councilor Mike Higginbotham made the request after a townhome development on Raleigh Avenue, approved by the Planning Commission on June 5, received “almost universal” disapproval from nearby neighbors. The six townhomes planned at the corner of Raleigh and Oak Grove Road are an allowed use under the current West Homewood District zoning guidelines.

Higginbotham and fellow Ward 2 Councilor Andrew Wolverton have said they want to make changes both to what is allowed in the zoning district and the process of approval for new developments, which currently requires only Planning Commission approval and does not go to the City Council.

“This isn’t just about one development,” Higginbotham said, adding that he wants to be proactive about changing the zoning code so it matches the “vision” the city and residents have for West Homewood.

Having the moratorium in place would allow the city to “take a breath” and work through those potential changes without worrying about a developer trying to get a project approved in the meantime. Any changes to the zoning code will have to be approved both by the Planning Commission and the Council.

The original wording of the moratorium had it in place from July 1 to Nov. 1, but Wolverton was concerned that a developer could apply for a permit before July. Council President Bruce Limbaugh warned that moving up the start of the moratorium would also move up its end date, and he had heard from other council members an unwillingness to approve any changes on the “121st day,” though he did not specify who had said that or why.

Wolverton and Higginbotham said they felt that was an adequate time.

“That is more than enough time, if we’re doing our jobs,” Ward 1 Councilor Britt Thames said, to make changes that would prohibit anything the neighborhood finds undesirable.

Higginbotham said he would bring suggested changes for consideration to the June 17 planning and development committee meeting.

At the start of the June 10 meeting, Mayor Scott McBrayer also gave a proclamation honoring the Byers family, whose son Grayson was born in August 2017 weighing only one pound. His father, Brian Byers, said they were told Grayson would never see or hear, but he can now do both after an eye surgery and nine brain surgeries. He attends the Bell Center.

McBrayer declared June 10 as Grayson Byers Day in Homewood and also gave his older brother, Carson, a proclamation declaring him “World’s Best Big Brother.” Brian Byers said he was appreciative of this honor because it allows Grayson to “champion” others with similar health issues.

The City Council also:

• Approved funding an APPLE study of Central Avenue to consider a greenway along Griffin Creek. The study will be conducted with the Regional Planning Commission of Greater Birmingham and Volkert Engineering will perform the work. The total cost of the study is $60,000, though Homewood will pay $12,000 and the rest will be covered by grants. Thames told the council he had previously thought the project was already in the city budget, but it was not and they voted to use carryover funds from the previous fiscal year to pay for the project.
• Approved $14,998 for a new access control system for Rosewood Hall, as the current system has been in place since 2005 and has caused some access issues for the city.
• Approved $10,000 for One Roof, a local homelessness organization.
• Approved its mid-year financial review and its audit of last fiscal year, both of which showed the city to be in good financial position.
• Asked the special issues committee to discuss rules about unrelated people living in rental properties. The committee had on June 3 considered reducing the allowed number of unrelated people in a home from three to two, but city attorney Mike Kendrick said this would violate the Fair Housing Act. The committee will look at other ways to resolve regular neighbor complaints about these properties, including parking and upkeep.
• Carried over a public nuisance hearing for 553 Edgecrest Drive, as the homeowner said work is in progress on cleaning up and fixing unsafe conditions on the property. The home has previously been brought to the city as a nuisance request, and a neighbor said this has been an ongoing problem for years.
• Approved vacating an alley on 18th Street South for the planned Valley Hotel project to occupy the land.
• Approved a sign variance for Conn’s HomePlus, which will open at 251 Lakeshore Parkway Suite 101. The variance included one main sign and four small individual signs underneath, though they do not exceed the allowed square footage. The vote was 7-4, with Councilors Andy Gwaltney (Ward 1), Higginbotham, Wolverton and Patrick McClusky (Ward 3) opposing the decision.
• Approved a sign variance at 3500 Independence Drive for Hydralive, which wants a main sign and a rear blade sign for its parking lot. Thames abstained from the vote as he is part of the Hydralive business.
• Approved a driveway variance for a second driveway at 416 Devon Drive, with the contingency that the owner must remove the second driveway when the house is sold. One of the current occupants is in a wheelchair, and the stairs and steep sidewalk make it difficult for him to get to the car in the current driveway.
• Sent a fence variance request at 3 Ventura Drive back to the special issues committee. Council members had concerns about the fence extending in front of the house and asked the owner to provide a landscape plan.
• Approved renewed contracts with Ameritek to provide copiers and Motorola to provide radio and E-911 services.
• Declared a 1991 Chevrolet police evidence van and several seized vehicles — two 1986 Cadillac Fleetwoods, a 1996 Cadillac Fleetwood, a 1993 Cadillac Deville, a 1973 Cadillac Deville, a 1995 Chevrolet Caprice and a 2006 Volkswagen Jetta — as surplus property to be sold.
• Set a July 8 public hearing to consider whether 1117 Hardwick Lane should be considered a public nuisance due to excessive vegetation growth.
• Placed a lien of $9,794.34 on 307 West Glenwood Drive to pay for work done to fix public nuisance issues on the property.
• Placed a lien of $1,614. 24 on 151 Wildwood Parkway to pay for work done to fix public nuisance issues on the property.
• Released a lien of $1,089.36 against 1801 Kensington Road.
• Reset its bid date for tree planting for July 15.
• Opened the application period for the Ward 3 Historic Preservation Commission seat, Ward 2 Homewood Arts Alliance seat, the Ward 2 Homewood Downtown Redevelopment Authority (HDRA) seat and three at-large HDRA seats through July 8. Applications can be picked up from the city clerk’s office.
• Dropped discussion of the citywide traffic study with Volkert Engineering, as a question about the scope of the study had been answered and no changes to the contract were needed.
• Dropped discussion of traffic concerns at Hollywood Boulevard and La Prado Place, as well as lighting near La Prado, Ventura Avenue and Bonita Drive, as the city can address these issues in-house.
• Dropped sign variance applications at 190 West Oxmoor Road and 2800 18th St. S. at the property owners’ request.
• Dropped a sidewalk repair request at 229 Poinciana Drive as the property owner will handle their part of the sidewalk property and the city will repair its part.