Council delays decision on mixed-use building on BM Montgomery Street

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The Homewood City Council carried over discussion of an amended development plan for a two-story, mixed-use building at 2762 BM Montgomery Street at its April 8 meeting.

The plan, presented by Tim Coker, would relocate the building currently on the property and replace it with a 6,000-square-foot building featuring an underground, eight-car parking deck and a single condo unit on the second floor, which the Cokers intend to occupy. The same business tenants, Biscuit Leather and Studio by the Tracks, would be in the new building.

Several council members were concerned about the lack of an exterior rendering to show the appearance of the building. This ultimately led to a failed consent vote, which must be unanimous, on whether to vote on approving the new development plan at the meeting. Without the unanimous consent, which suspends the rules of voting on ordinances, the vote is automatically carried over until the next meeting. Ward 2 Councilor Mike Higginbotham's "no" stopped the consent vote process.

Prior to this vote, seven area residents spoke about the proposed development, all but one of them against it.

Their concerns included additional density and whether the new building, which Coker described as more modern in design, would blend into the Rosedale neighborhood as seamlessly as the existing buildings.

"What is being proposed here does not fit," Stuart Street resident Mary Ellen Snell said.

Residents also worried that this development, though it did not add new commercial tenants, would encourage other developers to look at Rosedale properties for potential future commercial "encroachment." One resident said he had no problem with Coker or this particular plan, but he wanted to know whether there were protections in place for the neighborhood against setting a pro-commercial precedent.

"Don't let more commercial come in there," a woman living on Central Avenue said. "... There's just a few of us [in residential homes] left."

Coker's property was zoned from multifamily housing to mixed-use district in 2014. Since mixed-use does not have standard zoning, any changes to a development plan must be brought before the Planning Commission and the council.

Council President Bruce Limbaugh, Ward 1 Councilor Britt Thames and Ward 4 Councilor Barry Smith all said protecting residential areas of Homewood, including Rosedale, is a priority and they don't want to compromise the character of the neighborhood.

While Coker provided interior drawings of the parking deck and condo, he did not include any renderings of the building's exterior appearance. This was a sticking point for several councilors to decide they couldn't make a vote without knowing the building's appearance, ultimately leading to the failed consent vote.

The issue will be taken up again on April 22, and Limbaugh strongly recommended Coker bring an exterior rendering to that meeting.

Two other unanimous consent votes failed at the April 8 meeting, though one was later rescinded.

The council also delayed a vote on whether to rename 924 and 1000 Columbiana Road to Green Springs Highway addresses, as the homes can be hard for first responders to locate. However, only one of the homeowners had spoken to the city, and Higginbotham said he felt both should know before their addresses were changed.

Higginbotham was again the "no" vote that stopped the unanimous consent and delayed the issue until the next meeting.

The other issue was an ordinance placing a new crosswalk and signs south of the parking area and shops on Oak Grove Road, at Patriot Park. Ward 3 Councilor Walter Jones initially said "no" during the consent vote because he felt more study was needed of the crosswalk's placement and how it would be impacted by a nearby driveway.

However, later in the meeting he reconsidered, saying he did not want to "thwart the will" of the rest of the council. The unanimous consent vote was recounted successfully, allowing the council to vote on approval of the crosswalk.

The vote was 9-1, with Jones against it and Ward 1 Councilor Andy Gwaltney absent.

Along with the crosswalk, the council approved an ordinance prohibiting on-street parking on the west side of Oak Grove Road between Raleigh Avenue and Hall Avenue.

The council also:

  • Approved a $25,000 contract with PlaceMakers to update the city's sign ordinances, which are out of date in respect to free speech laws and need firmer guidelines. PlaceMakers is also working with the Regional Planning Commission of Greater Birmingham on Homewood's downtown zoning update.
  • Referred a request to define "transient" status in the city's hotel operation codes to the Homewood Planning Commission. The change would limit transient status to hotel occupants of 180 days or fewer, and it must be approved by both the Planning Commission and the council.
  • Approved a downtown signage plan for better driver awareness of parking availability.
  • Approved the vacation of an alley at 2560 18th Street South, where the owner of the neighboring buildings plans to add landscaping and a path.
  • Approved a resolution showing support for state House Bill 41, which would regulate vaping and e-cigarette sales the same as tobacco sales, prohibiting their sale to customers under 19 and requiring shops to have a tobacco permit.
  • Carried over a sign variance request for The Grocery Brewpub, 2823 Central Ave. Suite 107, after asking to see smaller versions of the brewery's proposed attached signs.
  • Decided to send Jones as the council's  delegate to the Alabama League of Municipalities Annual Convention, May 4-7.
  • Set an April 22 public hearing for a sign variance request at 2829 19th St. S.
  • Set a May 20 public hearing to consider vacating an alley next to 18th Street South.
  • Dropped a request to fund Beautification Board plaques and signs for community awards, as those can be handled in-house by the city.
  • Changed the council's May meeting dates to May 13 and 20.
  • Opened the application period for a Mental Health Authority Board at-large position until April 22.
  • Appointed Brian Collins to the Arts Advisory Council at-large seat and Michael Churchman to the Homewood Environmental Commission at-large seat.