The second time could be the charm for landowners and a development company seeking to build a large-scale apartment development on the east side of the city.

A request to rezone 23.5 acres of property to accommodate the development was set to be considered by the Athens City Council at its Sept. 10 meeting but was pulled from the agenda. The decision followed a heated public hearing Aug. 27, at which numerous residents voiced opposition to the project.

At the Sept. 10 meeting, Council President Chris Seibert implored the developer to take residents’ concerns into consideration and resubmit a master plan.

The redesigned master plan, which includes significant changes, was presented again Tuesday to the Athens Planning Commission. And though plenty of questions and concerns regarding the project were aired, the commission voted to send the rezoning request to the City Council for consideration. It wasn’t unanimous, however — the vote was 7-2, with commissioners Rod Huffman and Vernard Hendrix voting “no.”

Commissioner Harold Wales, a Canebrake resident who also represents the east side of Athens on the City Council, voted “yes” to send the request to the council. He told his dozens of constituents in attendance Tuesday that his “yes” vote was only to send the matter to the council and did not represent his approval of the project.

The council will set another public hearing on the rezoning request at a future date.

About the project

Athens Land Company, the owner of the property, wants it rezoned from general business district to multifamily district to accommodate the 456-unit apartment complex. The precise location of the development is south of U.S. 72, west of Lindsay Lane and north of Whitfield Drive.

If the rezoning request is approved by the City Council, the property will be sold and developed by J&J Development, a Texas-based company.

Property owner David Aycock implored the commission to give the rezoning request a favorable recommendation. He said Athens Land Company purchased the property in 1977, and he’s one of 13 heirs who will benefit from the sale of the property.

“We’ve listened to the concerns (of nearby residents), and we’ve worked hard to make changes accordingly,” he told commissioners. “This project would meet a significant need in our community and fit the (city of Athens’) master plan.”

Concerns over the project have been numerous. Not only have residents from Whitfield Colony protested the project, but residents in the exclusive Canebrake community have also voiced concerns. Primary fears included lack of privacy, poor drainage from the apartment complex development, increased traffic on Lindsay Lane, lowered property values and if the finished product will be as luxurious as the developer has promised.

Many of those same concerns were aired at Tuesday’s meeting, which spanned nearly three hours.

How the plans have changed

A number of changes to the developer’s original plan were discussed Tuesday, including the buffer separating the development from homes on Whitfield Drive. There will now be 130 feet from the rear of the closest apartment building to a masonry buffer wall.

Trees will be planted as part of the Type A buffer to enhance privacy. Whitfield Drive residents who have swimming pools previously told the developer they were concerned by the prospect of having three-story apartment buildings on the other side of a buffer. The developer decided to make the three buildings closest in proximity to Whitfield Drive two-story buildings, decreasing the likelihood of someone in an upper level apartment being able to spy on Whitfield Drive residents.

Because of the decision to reduce three of the buildings, the new master plan includes fewer apartments — 456 as opposed to 480. It will be built in two phases and now has two clubhouses, walking trails and dog parks included.

Traffic concerns

The original master plan extended Kelli Drive to the rear of the apartment development and then intersected with Lindsay Lane to the east. That plan is now scrapped; Kelli Drive will serve as an entry point to the apartment complex to the west. The other entrance will be from Lindsay Lane on the east side. Both entrances will be gated and may only be accessed electronically.

Residents heading south on Lindsay Lane would access the apartments via a deceleration lane. Residents going north would use a center turn lane into the development. A plan to put a J-lane on Lindsay Lane to require northbound drivers to make a U-turn before entering the complex has been scrapped. The J-lane may be a concept familiar to drivers who have visited Gulf Shores in recent months.

There will be only one lane going into the development on both sides. On the Kelli Drive side, there will be one exit lane. On the Lindsay Lane side, there will be two exit lanes — one lane turning north, and the other turning south.

The development would be built in two phases, and the new master plan included a gate to discourage traffic from the west side of the development to cut through to the east side and exit onto Lindsay Lane. Public Works Director James Rich recommended deleting the gate from the plans. He explained the layout of the development would require drivers to make several turns and weave their way around parking lots to get from one end to the other. For that reason, he said, he would anticipate residents would use the development as a cut-through from Kelli Drive to Lindsay Lane.

Revenue considerations

Wales asked a number of questions about the project to engineer Taz Morell of Morell Engineering, the firm that designed the master plan. Wales asked what the project would do to property values of nearby homes, and Morell said the project would be Athens’ only Class A luxury apartments in the city. He told commissioners they would have to go to the Village of Providence to find anything similar to what J&J Development of proposing to build in Athens.

“(The apartments) have been a big part of why so much commercial development has to come the Village of Providence and why so many homes have been developed,” Morell said. “As far as property values of homes, I think … how we develop and recruit additional commercial and business to our interchange will have more to do with property values than one individual project.”

The interchange Morell is referring to is near the intersection of Lindsay Lane and Huntsville-Browns Ferry Road. Athens Mayor Ronnie Marks, who is also on the planning commission, hinted the city of Huntsville has ambitious plans for Exit 347 off Interstate 65. Marks said the City Council should consider those plans when considering the apartment development and infrastructure improvements.

“We have to protect our revenue stream, but we have to grow our revenue stream,” he said. “What’s going at the end of Browns Ferry Road will blow you away, and it’s going to be the city of Huntsville’s.”

Developer Bill Ming, who is brokering the sale of the property between Athens Land Company and J&J, urged approval of the project with the prospect of future revenue in mind. He added a number of local development groups are also supporting the project because it will provide housing for residents who will work at the future Mazda-Toyota Manufacturing U.S.A. plant or one of its associated suppliers.

Ming said the tract currently brings the city $79 per year in property tax. Left untouched, he said it would bring less than $800 over the next 10 years. If developed by J&J, Ming said the tract would bring the city $100,000 per year in new property tax revenue, or $1 million over the course of 10 years.

Still, not everyone was convinced the pros outweighed the cons. Resident Brandon Hicks said because the property is currently zoned as general business, J&J could just as easily develop retail shops on the property.

“If you look at J&J’s website, they build really nice retail, too,” he told commissioners. “Don’t make a decision based on taxes.”