BP Oil Co. v. Jefferson County

• Decision Date: 19 October 1990
• Citation: 571 So.2d 1026
• Parties: BP OIL COMPANY, et al. v. JEFFERSON COUNTY, Alabama, et al. 89-773.
• Court: Alabama Supreme Court

Page 1026

571 So.2d 1026

BP OIL COMPANY, et al. v. JEFFERSON COUNTY, Alabama, et al.

89-773.

Supreme Court of Alabama.

Oct. 19, 1990.

Rehearing Denied Dec. 21, 1990.

Thad G. Long and Scott D. Cohen of Bradley, Arant, Rose & White, Birmingham, for appellants.

Charles S. Wagner, Asst. County Atty., Birmingham, for appellees.

SHORES, Justice.

This is an appeal from a final judgment of the Circuit Court of Jefferson County denying the application of the appellants (hereinafter the "property owners") ¹ for a change of zoning.

The property owners sought a change in zoning of a 2.4-acre parcel of undeveloped land that lies in the southeast quadrant of the intersection of Interstate Highway 65 and West Lakeshore Drive. The parcel lies west of Green Springs Highway and south of West Lakeshore Drive in the unincorporated territory of Jefferson County. Although the county planning staff and the commission member representing this area of the county recommended a change in zoning from "C-P preferred commercial" (a classification permitting office buildings, but not permitting automobile service stations) to "C-1 commercial" (a classification permitting service stations), the Jefferson County Commission denied the application for change. The property owners brought an action in the circuit court to review the decision of the county commission, and, after an extensive hearing, the trial court denied relief. This appeal followed.

Although the interchange at I-65 and West Lakeshore Drive has only recently been completed, it was in the planning stage for many years. In anticipation of the completion of the interchange, West Lakeshore Drive was converted to a four-lane road, with a median. The traffic on West Lakeshore Drive had increased from less than 1,000 vehicles per day to 13,400 per day at the time of the hearing below, with 14,000 per day projected. West Lakeshore Drive is expected to be extended to Bessemer, and major development is expected in the area, much of which is already underway. For example, just west of I-65 and south of West Lakeshore Drive is a Sam's Wholesale Club store and a Wal-Mart store, and warehouses for Bruno's and Parisian's are under construction.

Just south of West Lakeshore Drive, on the east side of Green Springs Highway, a major development known as University Park has been approved by the City of Homewood. This development will include a mix of office buildings, residences, and commercial development, where service stations will be permitted. The new four-lane West Lakeshore Drive was designed with a service road, which lies between the property involved here and the four-lane drive to provide smooth traffic flow.

There was testimony that the subject property is unsuited for development of an office building because the small size of the lot prevents adequate parking and other amenities. One of the property owners testified that he had tried unsuccessfully to develop the site for office use, which its present classification would authorize.

Five experts testified. All of them stated that commercial development of the property as a service station would not have an adverse affect on the area or on traffic at the site. General Henry Graham, a widely respected expert appraiser and developer, testified that he was familiar with the property and that he had made a study and report concerning appropriate development of the site. He stated:

"Well, I would think that the commercial zoning which would allow a service station is a more appropriate kind of use of that property. The property just cries out to provide a service station before you get into this fast traffic on the interstate so it was my conclusion that a CP zoning for an office building was just infeasible whereas a service station was what that intersection is saying to me is needed there."

He also stated:

"Our conclusion was if this zoning change was allowed, there would be no diminution in value of the nearby residential properties as a result of it ... [and] there [would be] no impact on the residential area if this zoning change was allowed.... I don't see how that change [the proposed rezoning] is going to adversely affect the neighborhood. I see it being a positive factor as it relates to the public as a whole."

Another expert testified that he had made a study of the intersections along the interstate system in Jefferson County, which includes I-59, I-20 and I-65, and that he had found that every intersection with a service road, like the subject property, had a service station except the intersection at West Lakeshore Drive and I-65. He said:

"West Lakeshore Drive is not a two-lane road, it's not a residential street, it's a major collector road for thousands and thousands of acres of undeveloped property to the west and certainly for the University Park development to the east and that area of town. So I would submit that retail is the most appropriate use in the future for the subject property."

All of the expert witnesses agreed that commercial retail zoning was appropriate for the property. All of the...