Plan commission forwards unfavorable recommendation on Beechwood Townhomes rezoning after neighbors raise drainage, traffic and density concerns

The Avon Advisory Plan Commission voted to forward an unfavorable recommendation to the Town Council on ZA-2502, the proposed rezoning of roughly 10.6 acres at the 7600 block of Beechwood Center Road from C-3 to R-4 to allow a 76‑unit townhome development by David Weekley Homes. Commissioners and public speakers raised repeated concerns about traffic on Beachwood Center Road, the condition and ownership of a detention pond that drains adjacent neighborhoods, and the proposed density.

David Ellis, land acquisition manager for David Weekley Homes, said the developer had discussed concerns with the neighboring homeowners association and offered several commitments: "we will direct the future HOA for this community to place a couple of high level restrictions on rentals," Ellis said, including a prohibition on short‑term rentals (under 12 months) and a limit on investor-owned or rental units to 25 percent (19 units). Ellis also said the petitioner would pay to remediate a failing detention pond and share ongoing maintenance if the project moves forward — but he clarified that the remediation would be undertaken only if the developer proceeds: "we can commit to fixing the pond if our project goes forward," he said.

Engineers from Banning Engineering presented a preliminary assessment of the west-end detention pond. "That pond was designed to provide for stormwater detention for the residential subdivision to the north as well as this 10 acre site," the engineer said, and estimated the cost to bring it to current standards at roughly $197,000 based on a contractor bid.

Multiple neighbors from The Groves and surrounding subdivisions testified in opposition, citing cut-through traffic, pedestrian and bicycle safety, parking overflow on narrow residential streets, and flooding concerns. Brandy Hathaway, a Groves board member, told the commission the HOA had not entered into binding agreements with the petitioner and that residents remained concerned about density and traffic: "I don't think as a community, we feel that... the primary concerns related to the density really has been addressed," Hathaway said.

Commissioners discussed a list of voluntary commitments offered by the petitioner if the rezoning were approved: restrictions on short‑term rentals, a limit of 25 percent rentals, no parking on Beachwood Center Drive (to be enforced through HOA covenants), a requirement that emergency access be addressed at platting, and that a traffic study be submitted as part of the primary plat. Staff and legal counsel advised that some items — notably drainage — are regulated through the town’s subdivision and drainage codes and would be reviewed at plat stage, and that an HOA can adopt rental restrictions even if the town cannot outright prohibit rentals.

A motion to forward a favorable recommendation (with the staff and petitioner commitments) failed for lack of a second. A subsequent motion to forward an unfavorable recommendation succeeded by roll call; the commission recorded its recommendation against the rezoning and will transmit that unfavorable recommendation to the Town Council for final action. The unfavorable recommendation is procedural and does not itself change zoning; the Town Council will consider the rezoning application and any written commitments attached to it.

The transcript records follow-up direction for staff: drainage and plat-level drainage calculations will be required for any development that proceeds; the petitioner stated it intends to resolve ownership and remediation of the detention pond with Beazer (the successor to Trinity Homes), and the petitioner said it would pay to remediate the pond only if the project is approved and moves forward to platting.