Barnwell Neighbors Oppose New Housing Development

Fairhope, Alabama

Neighbors opposing.

Site plan (north is up)

CALLED FAIRHOPE DOWNS

During the June planning and zoning commission meeting, neighbors turned out to oppose a proposal for a new 64-lot subdivision on 51 un-zoned acres located the east side of CR 3 about half a mile south of CR 24 in the Barnwell community.

The property, owned by Amzi and Eileen Sherling, is well outside of the city limits but within the city's ETJ (extra-territorial jurisdiction) where city subdivision and building regulations currently apply.

Project engineer Larry Smith told the commission some complaints brought up during an earlier community meeting had already been worked out:

* A traffic study was completed that indicated no turning lanes would be required on CR 3.

* Originally-planned septic tank system was scrapped for connection to the city's wastewater system via a new force main piping and lift station.

* Larger water supply lines will be installed to increase general water pressure in the area.

* A Grady pond would be left untouched; other drainage calculations were reviewed and corrected (weir size).

ATTORNEY REPRESENTS HOMEOWNERS

Attorney Will Anderson addressed the commission on behalf of adjacent property owners who were concerned about various ongoing drainage issues in the area; he provided a report by their own independent engineer to support their questions.

Whether the project's proposed infrastructure would be adequate so as not to cause flooding on adjacent land and downstream in the watershed (Turkey Branch, Fish River) was one major remaining concern, he said.

Several individual adjacent homeowners spoke about storm water drainage, water pressure, traffic, and general quality of life concerns as well.

NO ZONING THE PROBLEM?

As he frequently does in similar circumstances, commissioner Art Dyas preached about how difficult it is to regulate growth where there is no land use zoning.

Dyas "You have no zoning protection there ... to regulate density and type of development ... it has been available since 1981." County residents would have to petition the county commission to schedule a zoning referendum for that district, as was done recently in adjacent district 19. Annexation into city limits would included automatic zoning, as an alternative.

"If it meets our rules and (subdivision) regulations ... nothing we can do."

(Fairhope Downs is within county planning district 17.)

Dyas was chairman of the Baldwin County Planning Commission for several years, in the early 2000's.

APPROVED WITH STIPULATIONS

A motion was made to approve the proposed Fairhope Downs subdivision, but with an additional ingress/egress right of way to Greeno Road for connectivity, and with sidewalk easements along frontage on both CR 3 and Highway 98.

It passed unanimously; the decision may be appealed to circuit court. We do not know if that happened in this case.

(This development falls within the new Barnwell Landmark District, approved by voters in 2019.)