Modifications to special district on former Eagle Point golf course approved by 3-2 vote

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Photo by Erica Techo.

Courtesy Shelby County Planning Commission

Courtesy Shelby County Planning Commission

The special district for Griffin Park at Eagle Point, a development planned for the former Eagle Point Golf Course, is set to have two extra lots and a little less green space than originally planned.

The special district, which initially was approved at the June 6 Shelby County Planning Commission meeting, received a few modifications at the planning commission’s Sept. 19 meeting. Originally, the development was set to include 122 60-foot-wide lots, 129 eighty-foot-wide lots, 51 100-foot-wide lots and two large acreage lots. This development was set to have 27 percent natural open spaces or parks.

While the special district plan from June was brought forward by one developer, Connor Farmer with Highpointe Investments LLC, there are now two different developers set to work on the property. The amended special district request was submitted by those developers, Newcastle Development (which will develop Sector 1 of Griffin Park) and GPEP, LLC (which will develop Sector 2).

There were three requested modifications submitted for Sector 1. These included relocating the northern entrance road from Talon Trace to Talon Lane, incorporating a plot of inaccessible green space into adjoining lots and adding one lot near the entrance to the new development.

Relocating the northern entrance road was necessary due to a sight distance issue, said Senior Planner Sharman Brooks, the staff member presenting the case to the planning commission. The addition of the lot near the intersection of Griffin Park Drive and Griffin Park Trace would increase the total number of lots in Sector 1 to 123.

Two requested modifications were submitted for Sector 2. These included adding one lot and incorporating just under 8,500 square feet into another proposed lot.

While most of the modifications drew no question from the planning commission, a lengthy discussion regarding the incorporation of community green space into homeowner lots ensued.

A drainage space is planned for the area between proposed lots A-68 through A-75 and A-84 through A-93. Incorporating the green space into lots meant individual homeowners, rather than a homeowners association, would be responsible for maintaining the space around that drainage space, Brooks said. There would be an easement around the drainage area.

Planning commissioner Rachel Garrett said she was concerned that individual homeowners would not maintain that land, thereby causing an issue around the drainage area.

“The problem with homeowners having responsibility or things like that is when the original sales agent sells the property one time, they may explain that to that homeowner that purchases, but the next time, it doesn’t go forward,” she said. “…And 10 years from now, when the house has been sold three times and there’s a problem, then it’s going to be all kind of ‘hm’ raising.”

Other commissioners echoed that concern, noting it would be difficult to coordinate efforts between homeowners.

“Incorporating multiple homeowners would be like trying to synchronize multiple red lights on 280,” said planning commissioner Jim Davis.

David Stovall, engineer for the project, said it was their belief that incorporating the former community or green space into lots was helping resolve an issue, not create a further one. The green space was inaccessible, aside from the easement which would exist whether the property was community space or private property, he said. Later in the discussion, Stovall added that there was a thought that a wooded area outside of private property lines could present a location for potential mischief.

“People are going to have their privacy fences built along the back of it, then you’re going to have a big triangle area back there that’s wooded, that people are going to find a way to get back there to do whatever,” he said. “In our opinion, as engineers, we thought we were cleaning up a problem, not to create a problem.”

Planning commissioner Amy Smith said her concern was the loss of green space that came with modifications.

“We approved a special district with a certain percentage of open space,” Smith said. “That’s being decreased now.”

Modified plans for Sector 1, including the incorporation of green space into homeowner lots and the addition of one lot off of Griffin Park Drive, decreased the total green space to about 25.5 percent of the development, Brooks said.

While Stovall said the green space was not intended to be a park or other community area, and would likely just be a wooded area, Smith noted the intention of green spaces is not just for community areas. They can be used for conservation, to provide permeable spaces and for other reasons, she said. While most conversation centered on the green space’s incorporation into lots, Smith said she was also concerned with the new lot off of Griffin Park Drive.

Discussion regarding the difference in liability for the drainage area, whether the property was a public or private space, eased concerns of some commissioners. After hearing the property was set to be cleared, Garrett said she felt better about including the property in private lots. Without clearing, she said there were concerns homeowners would not enter a wooded area to maintain the drainage space.

Davis said he did not have a problem with decreasing green space from 27 percent to just over 25.5 percent, as that is still more than double the county’s 10 percent requirement.

Following more than an hour of discussion, Garrett made a motion to approve the amended special district as submitted, with the addition that the green space would be cleared.

“I want it easily identified as a backyard,” she said.

The motion was seconded, and during discussion Smith proposed striking the modification which would allow the additional lot be added to Sector 1. As this was mentioned during discussion, after the motion was seconded, it was not added into the motion.

The request was approved as submitted by a 3-2 vote, with Smith and planning commissioner Bob Land voting against approval.

A final plat will come before the planning commission at its Oct. 3 meeting, and GPEP, LLC representative Brooks Harris said they hope to begin work following approval of that final plat.

Also at the meeting, the planning commission approved:

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