Fwd: URGENT Rezoning Petition and Info

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Buckingham HomeOwners Association

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Feb 1, 2010, 12:37:42 PM2/1/10
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Buckingham HOA

---------- Forwarded message ----------
From: Miranda Cassell <mirand...@yahoo.com>
Date: Sat, Jan 30, 2010 at 10:25 AM
Subject: URGENT Rezoning Petition and Info
To: mirand...@yahoo.com
Cc: "M. F. McHugh" <powe...@earthlink.net>, Vaughn Cassell <rv_ca...@yahoo.com>, Ed Collins <ed.co...@knology.net>, Flagstone Community <eba...@sdbell.com>, Ashley Estates Community Watch <Overs...@aol.com>, Bridgefield Community Watch <bridgefield...@gmail.com>, Buckingham Community Watch <Buckin...@gmail.com>, Cedar Springs Community Watch <lneha...@aol.com>, Chapel Hill Community Watch <Carlos.F...@chenegafederal.com>, Edgewater Community Watch <LLNe...@aol.com>, Fieldcrest Community Watch <mzva...@knology.net>, Heritage Plantation Community Watch <swi...@aol.com>, Heritage Provence Community Watch <jsdan...@bellsouth.net>, Highland Lakes Community Watch <craig....@adtran.com>, Hillchase Community Watch <Hal.E...@dau.mil>, Huntington Chase Community Watch <dave...@knology.net>, Jacqueline Downs Community Watch <james....@us.army.mil>, Oakstone Community Watch <Shanna...@tbe.com>, Sweetbriar Community Watch <wat...@raytheon.com>, Windsor Park Community Watch <windso...@yahoogroups.com>, Highland Lakes Community Watch 2 <crai...@gmail.com>, Hillchase Community Watch 2 <shan...@knology.net>, Walden Preserve Community Watch 3 <boric...@aol.com>, Christine Glover <cjgl...@knology.net>, Walden HOA <con...@waldenhoa.org>, themadisonhoanetwork HOA <themadison...@gmail.com>, Franklin Station HOA <Offi...@franklinstation.org>, Wladen Preserve HOA <in...@waldenpreservehoa.org>, Rebecca Harrison <rebecca...@knology.net>, Margaret King <we5k...@knology.net>, Patti Lang <patti...@knology.net>, Roger Olson <Roger...@us.army.mil>, Chester Richey <cri...@knology.net>, Jennifer Robinson <rob...@knology.net>, Peter Scott <pjs...@mmm.com>, Shawn Wilson <wils...@knology.net>, Alison Austin <alison...@usdoj.gov>, Jason Bold <jas...@knology.net>, Jason Bold <jason...@sanmina-sci.com>, George Bonnett <geor...@aol.com>, William Congo <cwc...@att.net>, Rob Jassey <rja...@knology.net>, Berni Petek <berni...@gmail.com>, kerr...@yahoo.com


Hi Everyone,
Attached are two documents. One is a petition requesting the City of Madison City Council to deny/delay two proposed REZONING requests. The second document is a summary of what is involved with the REZONING issues. The content is also included below. Please forward this to everyone you know who lives in Madison and anyone else you think might be interested.
Thank You!
Miranda Cassell
 

MAJOR CHANGES AT THE INTERSECTION OF BALCH & GILLESPIE ROADS

Please forward this to everyone you know in the City of Madison and any other concerned parties.

The City of Madison Planning Commission met on 17 December 2009 and approved two land rezoning Resolutions in spite of public concerns. These Resolutions will be voted on by the City Council on 8 February 2010 at 6pm in the Madison Municipal Complex (100 Hughes Rd). It is very likely you haven't heard about the issues discussed in this document since the City is only obligated to notify anyone living within 500 feet of the identified property. The Resolutions to be voted on will change the face of Madison for the long term and should be given careful thought. These changes will affect everyone in the City of Madison who has school age children and/or uses the roads in our City. Please read everything and consider the information carefully. DO contact your City Council representative with any questions and concerns regarding these issues.

The Citizens for Intelligent Planning (CIP) is a nonpartisan group of concerned City of Madison residents. We wrote this document ourselves based on our own research, direct observations, notes from meetings, and what we have been able to find in the public record.  We included as much specific information as we could find and there are hyperlinks to documentation supporting the facts contained in this message. New information is being discovered which may change some of the content in this message.

If you are as concerned as we are call the City Clerk's office at 772-5650 no later than noon on Wednesday, 3 February to claim your five minutes of face time with the City Council. If you don't get your name on the list you will be restricted to three minutes. We know that's the dinner hour for most of us, but you owe it to yourself and your kids to be there!

A petition is currently circulating. We need volunteers by neighborhood to walk the petition from door to door. We must have actual signatures, not emails, for a petition to be legal.

Return petition by mail to:

Petition
624 Balch Road
Madison, AL 35758
**mailed petitions should be sent no later than 3 February**

Individuals may sign the first page of the petition and return it by mail.

Beginning 3 February you may bring your signed petition to 624 Balch Road and place it in the box labeled “PETITIONS”.

See you Monday, February 8th at 6pm at City Hall!


PLANS FOR THE INTERSECTION OF BALCH AND
GILLESPIE ROADS.

On the City of Madison website in the Archive Center are published the minutes of the Council meeting held on 28 December 2009. http://www.ci.madison.
al.us/Archive.aspx?ADID=497
In section 11 A of these minutes are the public details of the two proposed REZONING Resolutions for the current farmland on the northeast corner of Balch and Gillespie Roads.

The first plan [Resolution No. 2009-308-R] is to REZONE 5.27 acres of that land immediately on the corner to allow a gas station and convenience store (c-store). The published plan does not specifically state what commercial use is intended for this piece of land, however a presentation was given by the current landowner, Donald Spencer Jr., at the Planning Commission meeting on 17 December 2009 about the benefits of a gas station/c-store. He indicated that he had a buyer interested in using this corner specifically for a gas station/c-store. http://www.madisonal.gov/archives/46/December%2017,%202009%20Regular%20Meeting.pdf (pg 2, Developer Comments). In a letter from Mr. Spencer to adjoining property owners dated 18 January he states he will present his plan at the City Council meeting on 8 February 2010. The Council and community at large will not have an opportunity to evaluate and comment on his plan before the vote.

The Financial Review Committee rescheduled their meeting set for 30 December, and met on 16 December 2009 - the night before the 17 December Planning Commission meeting where in spite of the many existing gas stations along the north and south sides of the City the need for gas tax revenue was discussed. http://www.madisonal.gov/CurrentEvents.aspx?EID=368 In the minutes from the 17 December 2009 Planning Commission meeting it is stated (pg 3) that “Madison has only half the number of needed gas stations.” It is not clear by what method “need” was established. Three members of the City Council are also members of the Financial Review Committee: Jerry Jennings of District 3, Tim Cowles of District 4, and Larry Vannoy of District 6. Tim Cowles is also a member of the Planning Commission. (http://www.madisonal.gov/index.aspx?NID=220) We believe the multiple roles of Council members on these committees creates a conflict of interest as they are not in a position to give an unbiased vote on these issues.

We are against Resolution No. 2009-308-R because we are concerned about the traffic, crime, and environmental hazards a gas station/c-store could bring to the area as well as the odd location in an entirely residential neighborhood.

Traffic Due to the lack of planning several accidents occurred at Balch and Gillespie when the new intersection opened to traffic from County Line Road. The increased traffic necessitated the addition of flashing red signals. The City does have a plan in place to significantly widen Balch Road. The City of Madison will continue where the City of Huntsville leaves off widening Balch Road. From Hwy 72 to Gooch Rd Balch will become five lanes. Balch Road from Gooch Rd to Brown’s Ferry Rd will become three lanes. http://www.madisonal.gov/archives/46/Deceber%2017,%202009%20Regular%20Meeting.pdf (pg 3, Board Comments) Adding up to 300 additional homes at this intersection would also make widening Gillespie Road a priority, but at this time the Planning Commission expects to keep Gillespie Road a two lane road. The Planning Commission also intends to change the intersection of Balch and Gillespie Roads to a traffic circle. City Engineer Gary Chynoweth confirmed that there is enough space to make that change. http://www.madisonal.gov/archives/46/December%2017,%202009%20Regular%20Meeting.pdf (pg 3).

Crime Crime is a major concern. The subdivision Walden Preserve (on the northwest corner of Balch and Gillespie Roads) has already experienced break-ins, attempted break-ins, and suspicious persons causing the City police department to make regular patrols through this neighborhood. The corner of Gillespie and Wall Triana Hwy has a gas station/c-store called Papa Jacks. Statistics support increased crime and loitering in the immediate vicinity of these kinds of businesses. http://www.popcenter.org/lbrary/crimeprevention/volume_16/09petrosino_brensilber_motives_methods_decision.pdf These businesses also tend to attract sex offenders. According to the State of Alabama there are currently 17 known sex offenders in the 35758 and 35757 zip codes. http://community.dps.alabama.gov/Default.aspx Placing a gas station/c-store so close to another elementary school could prove to be an overwhelming temptation for sex offenders – known and unknown. We don't want our children going to school so close to a place that suffers from these conditions.

Environmental Hazards A gas station brings specific environmental hazards. Among these hazards is the exposure to benzene. Benzene is found in the air from emissions from burning coal and oil, gasoline service stations, and motor vehicle exhaust. http://www.epa.gov/ttn/atw/hlthef/benzene.html Direct exposure to benzene can lead to a condition called Myelodysplastic Anemia. http://www.leukemialymphma.org/all_page?item_id=464236#benzene Additional hazards include the potential for rollover accidents of fuel tanker trucks.

Location Locating a gas station/c-store in the middle of an entirely residential neighborhood is poor planning when there are other potential sites around the City that already have the proper zoning where a gas station would work. One example is the northeast corner of County Line Road and Madison Blvd. where an interchange at County Line Road and I-565 will be added. There aren't any subdivisions there yet and the City does own that corner. http://www.ci.madison.al.us/DocumentView.aspx?DID=232 Allowing this Resolution to pass would establish a precedent for the City to put gas station/c-stores on any corner of the City.

 

The second plan [Resolution No. 2009-310-R] is to REZONE the remaining acreage to R3A High Density Residential. This land is currently owned by Donald Spencer Jr. According to the City's Comprehensive Plan the zoning category R3A is a subset of RH High Density Residential. According to communication from City Councilman Tim Holcombe on 6 January 2010, "Many developers seek R-3A zoning, but build to R-1 specifications, to take advantage of the set backs and larger house footprints allowed under that zoning on a lot." This ultimately puts the decision of what size and number of homes are to be built in the hands of the builder, NOT the City or its Citizens.

This piece of land is 195+ acres. It starts at Balch Road on the west and stretches all the way to the back of Spencer Green on the east. Spencer Green fronts onto Wall Triana Hwy just north of the intersection of Gillespie and Wall Triana Hwy. On the south it starts at Gillespie Road and reaches all the way to the back of West Highlands (north of Columbia Elementary School), Ashley Green, Brass Oak at Sagefield, and Brass Oak Estates along Gooch Road going towards Wall Triana Hwy.

This land contains three different parcels. Parcel #1 is 135.65 acres, Parcel #2 is 40 acres (even), and Parcel #3 is 21.5 acres.

Parcel #1 At this time we believe Parcel #1 will be developed and built by the same developer who built Chapel Hill [at the intersection of Balch and Browns Ferry Rd] and Walden [off of Browns Ferry Rd]. The single family homes planned for this new development are expected to be priced in the 250-350K range. The number of homes to be built is 276 with a cap of 300. We are looking for documentation of these plans.

Parcel #2 This 40 acres (even) is being taken north of the intersection of Balch and Gillespie Roads. It is unclear at this time what the plans are for this Parcel.

Parcel #3 "Tract 2 of Spencer Green Subdivision" (http://probate.co.madison.al.us/LoadImage.aspx?sk=20070627000454430&format=PDF). Spencer Green is a project of Woodland Homes which can be seen on the Woodland Homes website at: http://www.woodlandhomes.com/communities/spencer/plat.html. The Madison County land record was signed on page 2 by Charles (Charlie) W. Brown, the current Chairman of the Madison Planning Commission. Mr. Brown knew at least about the expansion of Spencer Green in June of 2007. In all, more than 195 acres is going to change radically. The City needs a plan.

THE PLAN FOR THE SW CORNER OF BALCH AND GILLESPIE ROADS.

Another development of 85 homes is planned for the SW corner of Balch and Gillespie Roads. (http://almadison2.civicplus.com/archives/45/1-21-10%20agenda.pdf, page 4) It has been named Applewood by the owners Wiz Kidz LLC. This development is situated on a wetland as indicated by the irregular line on the plat labeled “Wetland Boundary”. http://www.madisonal.gov/DocumentView.aspx?DID=1024.

Our main concerns about these Parcels being developed are A) the number of homes to be built on this land, B) how these dwellings will be accessed and the impact on neighborhood traffic, and C) most importantly the impact on our City schools. Columbia Elementary School sits on the upper left (northwest) corner of these combined parcels and is labeled AG Agricultural on the maps provided for both of the Resolutions.

Number of Homes The number of homes to be built on Parcel #1 is expected to be between 276 and 300. Parcel #2 is unknown at this time. Parcel #3/ Spencer Green currently contains a total of 63 lots/homes on 25.97 acres. Parcel #3 gives Woodland Homes an additional 21.5 acres to expand Spencer Green. If Woodland Homes continues to build the same type of homes on similar size lots approximately 50 more homes could fit on Parcel #3.

Access/traffic The additional homes coming to Parcel #3/Spencer Green will need another access road. This could be from Gillespie Road, or the existing Evans Lane from Gillespie Road. The estimated 50 new homes could bring 100 (#homes x 2) or more vehicles. The homes in Parcel #1 will need at least two access points. These homes could bring 600 or more vehicles. Applewood will have access roads from both Balch and Gillespie Roads and 170 or more vehicles. And don’t forget the tanker trucks.  

Impact on schools These three parcels together are expected to have approximately 350 homes. Applewood will have 85 more homes. This is a total of 435 new homes all within the Columbia Elementary School zone. Until the start of the 2009-2010 school year Columbia Elementary School was overcrowded by almost 200 students. With the opening of the new Mill Creek Elementary and the redistricting that went into effect this school year the "portables" are gone allowing Columbia to function as it was designed. The current enrollment is 749. According to the most recent Madison City Schools Elementary School Zones Map approved on 01 April 2009 (http://www.madisoncity.k12.al.us/News/040109_Map_Approved.pdf) Columbia Elementary would receive ALL of the elementary age students coming from any kind of housing placed on the land on the intersection of Balch and Gillespie Roads. Our school system at large is already under stress from proration by the State and poor planning by the City. Adding hundreds more homes would necessitate redrawing the ENTIRE City school zoning map, adding at least one new elementary school, and possibly a middle school. And let's not forget the new high school we so desperately need WITHOUT any additional high school students to teach. According to communication from City of Madison Schools Superintendent Dee Fowler on 13 January 2010 there currently is no plan for another elementary school in the City. The focus of the School Board is entirely on the new high school. The City needs a plan.


ADDITIONAL HOMES WEST OF COUNTY LINE ROAD.

Now take into account even more new housing coming into the City. On 21 January 2010 the Planning Commission approved plans for two more new subdivisions west of County Line Road. The first is called Stillwater Cove with 158 homes to be built by Breland Homes LLC and a second is called Old Heritage, Phase I with 246 homes owned by Howard Gray Winn, Jr. and Darren Sides. That is a total of 404 homes in just two developments west of County Line Road. http://almadison2.civicplus.com/archives/45/1-21-10%20agenda.pdf Where will the elementary and middle school age children from these new developments go to school? Combined with the new homes intended for the Balch & Gillespie Road area this is a total of 839 new homes. Columbia, Heritage, and Mill Creek are the closest elementary schools. The City needs a plan.

CONCLUSION

The lack of a Master Plan for the City of Madison is being felt in other ways too. On Monday, 25 January 2010, the Madison City Council voted 6-1 in favor of a resolution authorizing a special election to increase the city's ad valorem tax by an additional 8 mills to provide money to build a second high school. Most Citizens attending the meeting opposed the resolution including Madison business owner John Cunningham who said, “… We have great schools and we want to keep it that way, but we don't control growth, and that’s what is driving all the other issues such as roads, drainage and schools." http://www.al.com/news/huntsvilletimes/local.ssf?/base/news/126450095955260.xml&coll=1 Even Chief Planner Johnny Blizzard voiced his concerns on 17 December 2009 when he said, “Changes should not be arbitrary and that the ramifications to the surrounding area should be considered.” http://www.madisonal.gov/archives/46/December%2017,%202009%20Regular%20Meeting.pdf (pg 2, Board Comments). We couldn’t agree more.

We are NOT opposed to growth. We ARE opposed to growth without an intelligent plan in place. The current Comprehensive Plan is supposed to serve as, well, a PLAN for growth. However, we are told that it is an “advisory document”, not a Master Plan. The City of Madison needs a Master Plan it can adhere to in order to guide its development in a consistent and transparent manner!

JOIN US AT CITY HALL ON FEBRUARY 8TH AT 6PM!

Madison City Council

District 1                Tim Holcombe
                                        325-5656

District 2                Steve Haraway
                                        895-9899

District 3                 Jerry Jennings
                                        464-9940

District 4                      Tim Cowles
                                        461-0800

District 5           Tommy Overcash
                                        772-0307

District 6                  Larry Vannoy
                                        461-8246

District Map – find your District
http://www.madisonal.gov/
DocumentView.aspx?DID=234

Mayor    Paul Finley
                772-5603



RezoningResearch_v2.pdf
Petition to stop B2 zoning_r4.doc
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