Commission approves Willows at Wilson Cove Phase 3 after homeowner objections about sinkholes, traffic and buffers

The Huntsville Planning Commission on March 25 granted re-preliminary approval for Willows at Wilson Cove Phase 3, a 155-lot subdivision, after homeowners raised concerns about privacy, property value, drainage, known sinkholes on nearby parcels and traffic congestion.

Jonathan Ludwig and his wife, Katie Ludwig, who live adjacent to the proposed lots, spoke at a public hearing that preceded the commission's vote. "It is 15 acres of peace and serenity... This proposed neighborhood stacks about 20 houses directly on our back fence line, staring into our back windows of our home," Jonathan Ludwig said, identifying himself and his address. He urged the commission to delay approval until promised amenities to the existing neighborhood were delivered and outstanding environmental and construction concerns were resolved.

Katie Ludwig described sinkholes on the land behind her house and asked whether recent geotechnical surveys were available and sufficient. "I do not know what the original plan involved, how old the surveys are, what types of surveys were obtained, or if they're even still good," she said, and asked the commission to require updated studies before approving additional phases.

City staff and the project's engineers responded at the hearing. Garis Bug of Traffic Engineering said the city is planning a signal at Old 431 and Eastern Bypass this year and noted that Cherry Tree Lane runs in and out of city jurisdiction, meaning road improvements would require coordination with Madison County. "That's our current project to do that... that's currently being scheduled to be worked on hopefully sometime this year," Bug said when asked whether signal changes would help congestion.

Robbie Stewart, an engineer with Mullins, said the subdivision's new design reduces the area draining toward the Ludwigs' corner from about five acres to about 2.5 acres and channels most runoff into detention and bioretention before it is discharged into the storm system. "The new roads going in actually capture that water, bring it down the roads and send it into detention. So it actually brings it away from the corner of their property over there," Stewart said.

Thomas Nunez, manager of the Planning and Zoning Services Division, said the developer must provide a geotechnical site assessment as required for subdivisions. He said the site's existing assessment dated to February 2006 and that the geotech report for the current application indicated no sinkholes on the parcels proposed for this phase. "Through our information provided, we found... we were informed by the geotech that there were no sinkholes on the property in question," Nunez said.

Commissioners acknowledged the Ludwigs' concerns and suggested private negotiation between the homeowners and the developer or landowner as a pragmatic way to secure a permanent buffer. Chairman Les Tillery suggested the Ludwigs pursue acquisition of a narrow strip of land or a private easement to preserve the mature tree line.

The subdivision committee had recommended re-preliminary approval. The commission moved and seconded the motion for re-preliminary approval on 155 lots; on the voice vote the chair recorded one no and the motion carried.

The record shows the project is zoned R-2, covers about 52 acres for this phase and that phase 1 of the Willows development had received prior approvals. Project ownership and the current developer role were described as in transition at the hearing; no developer representative testified at the meeting.