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Neighbors urge park, flag fence encroachment and flood risk as Jefferson County approves Hillview rezoning
Summary
Jefferson County’s Planning and Zoning Commission approved a land‑use amendment and rezoning for the former Hillview Elementary site after residents raised property‑line, septic, drainage and traffic concerns; the applicant agreed to stormwater controls and road work and the commission approved rezoning as R‑2 with conditions.
Ken Lowery, chairman of the Jefferson County Planning and Zoning Commission, on April 9 presided over a contested land‑use and rezoning package for the former Hillview Elementary School site at 1520 Cherry Avenue that residents said would change the character of their neighborhood.
The commission voted to approve a land‑use amendment (neighborhood center to suburban) and subsequently approved the rezoning request as R‑2 single‑family residential after the applicant agreed to conditions addressing road connections and stormwater. The decision followed more than an hour of public testimony and a back‑and‑forth between neighbors, staff and the developer.
Neighbors said the county and school board had unsettled title and encroachment issues on the property. "Our land survey revealed your rear property fence encroaches onto the school property... The fence must be removed so we can get a clear title to the new buyer," said Angela Jones King, a resident who said her family has lived near the school for 33 years and that the fence and proposed development could affect septic field lines and long‑standing yard uses. Several other residents called for the site to be used as a park or community space rather than dense single‑family lots.
Applicant Jim Mitchell said he had met neighbors in advance and revised plans in response to feedback. Mitchell told the commission he would accommodate the county's direction on road access and build whichever road configuration the county approves. "If the county approves it to go to Cherry Avenue, that's okay. I'll build the road. Or if they say, 'no,' we don't want that, we want you to have the cul‑de‑sac, we'll do it that way," Mitchell said. He also said the development team will provide detention and meet engineering standards to control stormwater runoff.
Staff and the applicant explained technical steps available to neighbors: the county's road department will review and approve any road alignment with safety standards; stormwater controls and a detention pond will be required during subdivision engineering; and septic field locations are on file with the county health department for owners to review. Staff recommended approval of the land‑use change and rezoning with conditions; commissioners voted unanimously to adopt the land‑use amendment and then to approve the rezoning as R‑2.
The commission’s approval is a recommendation that, for rezoning, becomes effective under county procedures; further subdivision platting, engineering approvals, and final permits will precede construction. Neighbors and the applicant were urged to continue discussions with county staff about fence encroachment, septic field maps and drainage relief. The commission closed the public hearing and moved the applications forward to the next procedural steps.
The most recent procedural development: the commission approved the land‑use amendment and rezoning (adopting R‑2 rather than the applicant’s initial R‑6 request); the developer agreed to no mobile homes on the site and to meet county road and stormwater requirements during engineering and platting.
