Elmore County limited in controlling development with zoning

Some Redland community residents are upset the Elmore County Commission didn’t do enough to slow or alter a large residential development project off Redland Road near Willow Springs Road. 

The commission recently approved the Phase I plat for Laurel Ridge allowing more than 100 homes to be built. It is the first of several phases where nearly 700 homes will be built. Commissioners said their hands were tied in the matter because of a lack of home rule.

“We don’t have any authority,” commissioner Dennis Hill said. “We don’t have home rule. For a lot of people that is great, for others it’s not.”

The authority residents were hoping the commission would exercise is zoning similar to what municipalities do. Elmore County chief operations officer Richie Beyer said the commission can control a few things in developments in unincorporated Elmore County such as the road system with the development if it will be deeded over to the county for maintenance. That also involves lot layout and drainage. If the developer meets those requirements, the commission is required by Alabama law to approve the plat. If it doesn’t, the county can be sued and held liable for attorney fees and more.

Nearby residents asked commissioners about traffic studies and making Redland Road four lanes to accommodate growth from the subdivision. 

“The added traffic is a concern,” nearby resident William Piper said. “Adding an additional 1,500 vehicles on Redland Road will make it a bigger problem and bigger backup.”

Beyer said improvements have been made to Redland Road from U.S. Highway 231 to Rifle Range Road in recent years. But improving Redland Road’s entrance to U.S. Highway 231 is beyond the control of the commission. Any work there is subject to the approval of the Alabama Department of Transportation.

Hill said he had spoken with the developers of the residential development. He was told all the homes will be between 2,100 and 3,000 square feet. 

“(A home this size) won’t be low-income housing,” Hill said. 

The idea of a development of the property near Willow Springs Road is nothing new. For decades it has been owned by ALFA. In the mid-2000s ALFA worked with a developer for a similar residential development. County officials said it didn’t happen because of the recession. 

The commission could have considered zoning issues raised by citizens if it had limited home rule. It is something the commission had briefly from 2016 to 2018. A public referendum narrowly passed allowing the commission to deal with such matters. But in 2018 a petition with more than 4,000 signatures was brought to the commission to repeal the commission’s ability to home rule.

“It was repealed with 64% of the vote,” commission chairman Bart Mercer said.

Mercer said he was part of the town of Elmore’s incorporation in 2005 and 2006. He said it was a long and difficult process but could be done. More recently Pike Road and Pine Level have incorporated. 

Each of the municipalities can now pass zoning laws.

Hill sees the growth. He is a retired law enforcement officer and in the last 35 years has seen Elmore County grow from about 48,000 residents to nearly 100,000. With the growth Hill said some changes will have to happen but can’t always be initiated by the commission.

“The adjustments will have come from the citizens,” Hill said. “They will have to tell us and grant us the authority.”