Apartment zoning approved for recently annexed property

Feb. 10—Property in Southwest Decatur received the zoning it needs for developers to build an apartment complex there, despite Councilman Billy Jackson's continued objections that it could create "problems."

The Decatur City Council voted 4-1 to approve the R-4, multi-family attached residential, zoning earlier this week for the 2.4-acre property at 2210 Eighth St. S.W.

The property is at the split of Eighth Street and Moulton Heights Road and one-fifth of a mile east of Beltline Road Southwest.

This is the second Moulton Heights property to enter the city recently, with 11.3 acres at 2319 Old Moulton Road annexing in Sept. 6. That property is zoned B-2, general business district, for Omega Hotel Group.

In January, the Planning Commission approved David Smith's site plan for a small apartment complex with three two-story buildings and a total of 24 units on 2.5 acres. The apartments will be two-bed, one-bath units, contractor Danny Hill said Monday.

Prior to Monday's vote, Jackson repeated his objections that he made in September to allowing apartments in this location.

Jackson said city had a "moratorium" on allowing apartments in the Moulton Heights area because of the problems at the crime-ridden Stonegate complex before closing it in 2000.

He pointed out that Stonegate started out as an apartment complex before it was sold to the Decatur Housing Authority and became a housing complex for low-income residents.

Jackson said his concern is that 10 years from now the Eighth Street apartments will become a burden for the Police Department and the Moulton Heights community.

"We're going to have problems," Jackson said.

Jackson said Stonegate was proposed before it was built as a quality apartment complex that was going to bring affordable housing to the area. He said the city has struggled with the problems created by the now-demolished Stonegate and it's taken years to improve the situation.

"They turned out to be one of the damaging things not only to that community but to this city," Jackson said. "They were a reason our Planning Department and Community Development Department took a position against apartments and rental properties in general in that particular community. If we approve this, we will be going against a way we addressed rental properties for decades now."

Hill said Smith is "very well established" in the Decatur community. He said Smith owns an event center next door and wants to improve the area with the apartments.

"He has a lot of rental units, particularly in District 1," Hill said. "He will not tolerate a mismanaged apartment complex."

Hill said he understands Jackson's concerns because he grew up on West Moulton Street.

"Stonegate went to Section 8 not long after it was built and then to low-income housing," Hill said. "This is not that. This is conventional."

Councilman Hunter Pepper said he thinks Jackson's "reasoning is invalid. It's not going to be a drain on the Police Department."

"There's a massive amount of apartments, including many in my district (4)," Pepper continued. "I think I have one of the largest apartment communities in the city, and it has not been a drain on our Police Department. Any residential growth we see in Decatur is a great thing."

Pepper said the assumption that crime will increase because of the apartments "is a horrible, horrible argument. It's a very judgmental argument as well."

Pepper said he thinks the apartments in this location would be a deterrent to the crime Jackson is worried about.

"I'm glad in your long history of dealing with these problems that you have an answer for this," Jackson responded to Pepper, who turned 21 in January.

Jackson said one problem is Northwest Decatur has a large number of absentee landlords.

"My concern is we're going to build apartments in one of our more rundown areas," Jackson said. "Whoever builds there isn't concerned about building a quality product. This situation is not going to be beneficial for the city."

Jackson also said another issue with allowing apartments is "this is where we've had habitual dumping of trash."

Council President Jacob Ladner said he believes the annexation helps the area because now the city will have control over stopping the illegal dumping that it hasn't had in the past.

"If development happens, it really mitigates that issue," Ladner said.

Ladner said he hasn't seen a case yet "where I would stand in the way of annexation."

Councilman Carlton McMasters pointed out the Morgan County Commission doesn't have the zoning or the level of building regulations that the city does.

"The annexation and zoning give the city more control over the area," McMasters said.

Councilman Kyle Pike said "it would need to be an extreme circumstance" for him to vote against residential growth. He said he believes the apartments will improve the Moulton Heights area and could lead to more growth in that area.

Pike said the apartments could continue the improvements to the area that the Seville subdivision brought. This subdivision on Second Street Southwest is on the site where Stonegate once stood.

Seville is a 24-home, low-to-moderate income subdivision that was built in a partnership between the city and Community Action Partnership of North Alabama. Construction began in 2016 and all of the three-bedroom homes are occupied now.

"Hopefully, the apartment will play off the success of Seville and keep that level of integrity in the neighborhood," Pike said.

bayne.hughes@decaturdaily.com or 256-340-2432. Twitter @DD_BayneHughes.