Debate over proposed subdivision rules centers on 15,000-square-foot minimum and variance standards
Summary
Developers and land-use attorneys urged changes to a draft subdivision ordinance that sets a 15,000 sq. ft. minimum lot size, warning about affordability, sewer capacity and takings claims; commissioners agreed to send the draft to legal review and consider a 30-day tabling to protect existing vested investments.
A lengthy public discussion at the St. Clair County work session focused on a draft set of subdivision regulations that would, among other changes, set a countywide 15,000-square-foot minimum lot size in unincorporated areas.
Rhett Loveman, who identified himself as a developer and Land Development Committee chairman, told commissioners the proposed minimum would be a 2.5x increase over the 6,000-square-foot lots he has built at Lakemont Village and would force him to drop amenities such as sidewalks and underground utilities. "The new proposed regulations are 15,000 square foot, which is 2.5 times more than what I'm currently doing at Lakemont Village," Loveman said, citing impacts on land value and feasibility. He outlined how on-site sewer options require state permitting and a separate sewer-management entity, and argued that the draft needs clearer variance standards.
Martin Evans, general counsel for the Birmingham Homeowners Association, warned of legal exposure if regulations have disproportionate impacts. "The minimum lot sizes under section 5.6 are concerning," Evans said, citing federal takings doctrine and Fair Housing Act risks if rules lead to unaffordability for lower-income or protected groups. Commissioners repeatedly discussed grandfathering and vested-rights questions for developments that have already invested in preliminary engineering and private sewer systems. The chair said the commission is "moving forward with subdivision regulations subject to legal review" and proposed tabling or referring the draft for attorney review and a 30-day notice period before final adoption to allow staff and counsel to resolve technical and constitutional issues.
No final ordinance was adopted at the work session; commissioners directed staff to send the draft to legal counsel, asked for clarified variance criteria and discussed potential grandfathering language to protect projects with substantial prior investment.
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