Spanish Fort planning commission vote allows controversial condo project to move forward

During a public hearing at the Spanish Fort Planning Commission meeting Monday night, subdivision residents living adjacent to the proposed Quail Hollow development said they were worried the additional traffic flowing from the planned 147 condominium units would significantly worsen already congested conditions on Alabama Highway 225. (Mike Kittrell/mkittrell@al.com)

With their options limited by a rezoning decision made in 2004, the Spanish Fort Planning Commission voted Monday night to allow Spanish Fort Apartment 2012 LLC owners to move ahead with a planned unit development called Quail Hollow on the west side of Alabama Highway 225 in the city.

J.R. Smith, who is the city council representative on the planning commission, cast the only no vote.

The Quail Hollow master plan includes construction of 49 two-story triplexes for a total of 147 condominiums on 19.62 acres located on the west side of Highway 225 about one mile north of Alabama Highway 31.

It is north of the Garrison Ridge subdivision, south of Spanish Fort Estates and across the highway from the Woodlands at Spanish Fort subdivision.

The planning commission vote included three conditions that limits the Quail Hollow maximum density to that indicated in the master plan, allows only three units per building pad and limits building height to two stories.

Residents of both subdivisions along with those from Spanish Fort Estates to the north spoke against Quail Hollow during a scheduled public hearing prior to the vote.

Opponents cited negative impacts on traffic, school overcrowding, property values and the potential for increased crime rates in their efforts to convince commission members to vote against the development moving forward.

In his comments, Michael Slaughterback echoed a common theme among the speakers, all of which were opposed to the master plan.

“I don’t think it’s good for the community,” he said. “This is not a good plan.”

At the conclusion of the public hearing, however, planning commission attorney David Conner went through the property’s zoning history, which he said set a clear path to what planning commissioners could and could not do to address their concerns.

Conner said since the property’s zoning classification had been changed from R1 (single-family) to R3 (medium density) in December 2004 as requested by its previous owners, its current owners had “vested rights” in what they did with the property.

The Quail Hollow master plan includes construction of 49 two-story triplexes for a total of 147 condominiums on 19.62 acres located on the west side of Highway 225 about one mile north of Alabama Highway 31. It is north of the Garrison Ridge subdivision, south of Spanish Fort Estates and across the highway from the Woodlands at Spanish Fort subdivision. (Jeff Dute/jdute@al.com)

Conner also reminded residents that the planning commission wasn’t considering a rezoning request, but was looking at the developers’ vision for Quail Hollow.

In regard to its zoning, Conner said, “I don’t know a good way to say it, but this horse has already left the stable.”

Shortly after it was rezoned, Conner said research of city documents shows that the previous owners pulled a building permit in February 2005 and built three multi-family units. City plat maps prove that the westernmost building is within the Quail Hollow property boundaries.

Over the ensuing years and as the property has gone undeveloped, Conner said that building has ensured the property retained its R3 zoning classification and nullified the city’s revisionary clause. That clause states that any property rezoned at the owner’s request, but that goes undeveloped for a year plus one 12-month extension for a total of two years, reverts to its previous zoning classification.

Commissioner Kevin Diamond, who was a member in 2004, said at that time the city had only about 40 apartments total and was looking for an acceptable area in which higher-density, multi-family units could be built to provide affordable housing.

The average price of a single-family home in 2004 averaged about $200,000, he said, putting them out of reach of many potential residents.

As the Quail Hollow property lay dormant, Diamond noted that there are now 1,000 apartment units within the city.

All R3 medium-density, multi-family zoning designations within the city were amended in 2007 to include permitted densities per acre, Conner said. At that time, the Quail Hollow property was assigned the R3 classification’s highest density allowance (R3d) of 12 units per acre.

Under that designation, Conner noted that developer could legally build 235 units on the property. If the project's 147 units are built as planned, he said density will be about 7.5 units per acre.

The property was listed under that designation when the city’s comprehensive plan in 2010, Conner said.

Conner said there has never been a lawsuit or other opposition to the property’s zoning until the Quail Hollow development was proposed.

Diamond, who lives in Spanish Fort Estates said, “I’m not happy about it,” but added that Spanish Fort Apartments LLC had legal rights to develop their property.

Diamond said he believed that by voting in favor of the development moving forward now, it would give the planning commission and city more control in the give-and-take negotiations with developers as it moves through the process.

“We’re going to have a lot of interest in this PUD,” he said.

Added Smith, “When this was approved, there were 40 apartments in Spanish Fort. It’s been a smoldering ember that nobody’s thought about until somebody decided to do something with it. Legally, they have rights. That doesn’t mean I have to like it.”

While not saying directly that he would oppose new apartment-complex developments within the city, he made it clear that additional plans coming before him would be viewed with a skeptical eye.

Despite some disappointment, that fact satisfied Chris Werther, president of the Woodlands Homeowners Association.

“We’re all ticked because we feel like they squeezed in that one building to hold that zoning. We’re really ticked about the traffic, and our schools are already getting crowded,” said Werther, who added that he knew the property held the R3 zoning classification. “Most of us knew, though I’m sure there are some who didn’t know. We just wanted to voice our opinion. You kind of hope you can do something, but the commission’s hands are tied legally, apparently, with what they can do and it can’t be altered.

“I was glad to hear several of the commissioners say that they would have a hard time approving any more apartment complexes. I think we have enough apartments in our city.”