Council approves rezoning for two Cahaba Heights developments

by

Neal Embry

Two developers in the Cahaba Heights area can move forward with their proposed projects after the Vestavia Hills City Council rezoned the land associated with the property at the Jan. 28 meeting.

At 3791 Poe Drive, Ron Durham is building five townhomes in Vestavia, along with 23 condominiums and three townhomes in Mountain Brook. The plan was changed from the initial proposal, which was to build 10 condominiums in Vestavia and 31 in Mountain Brook. The council rezoned that property from Vestavia Hills B-2 to VH R-9.

At 3771 Fairhaven Drive, Charles Kessler is building three luxury townhomes, with four more slated to be built at 3783 Fairhaven Drive. Both of those properties were rezoned from institutional zoning to VH R-9. Kessler’s development was met with much opposition in the planning and zoning meeting, where some residents complained his longtime construction in the area had negatively impacted both Fairhaven and Poe Drive. Several residents also spoke up in opposition at the council meeting.

Julie McDaniel, who lives on Fairhaven Drive, said her and her fellow neighbors were concerned with the Kessler development because of potential congestion due to traffic, especially given the Durham development nearby. McDaniel also expressed concerns due to parking, though Jason Kessler said the plan is to have attached garages.

McDaniel questioned why the land could not be zoned Vestavia Hills R-2 for single-family homes, with the council responding that the decision is not up to them, as they cannot decide what kind of zoning the landowner will apply for.

Kessler said institutional zoning would increase traffic more than the townhomes, had a doctor’s office or similar business come into town. He also added the company would add streetlights to improve safety.

Resident Robert De Buys said he didn’t oppose the developments, but believed they were better suited for R-8 zoning instead of R-9 zoning, as the latter, he said, doesn’t place a cap on residential density. De Buys said because of that, another developer could come and build more housing without having to obtain the approval of the council.

Both City Clerk Rebecca Leavings and City Attorney Patrick Boone said the zoning is tied to the development, and any future change in the use of the land would have to come before the council. De Buys said he disagreed and had spoken with attorneys who expressed similar opinions.

In other business, the council:

At the next meeting, the council will discuss a resolution establishing sidewalks with financial assistance from area residents, as well as the construction of sidewalks on Poe Drive, to be constructed by Kadco LLC.

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