Photo by Jesse Chambers
Birmingham City Hall 1-30-18
Birmingham City Hall
The Birmingham City Council passed a 180-day moratorium on new self-storage facilities in the city in early July, seeking to forestall a proliferation of such developments in areas where the city would prefer to see retail, restaurants and other uses that boost pedestrian traffic.
Since then, the Council has heard from several developers who have filed appeals to allow them to continue with storage projects already planned or under construction.
That continued at the Council’s regular meeting for Tuesday, Sept. 3, with appeals from developers with storage projects located downtown and in the Eastwood area.
The Council voted 9-0 to allow Birmingham developer John Chapman — operating as Farris Marie Properties LLC — to finish construction on an indoor self-storage facility at 1716 Second Ave. N. downtown in the old Jefferson Home Furniture building.
The developer bought the six-story, 1915-vintage property in 2016 for about $1.1 million, according to attorney Charley Beavers, who appeared before the Council on behalf of the applicant.
The developer, beginning in 2017, also secured city permits for construction and received approval for the project from the Birmingham Design Review Committee, according to Beavers.
At the time of the moratorium in July, the developer had spent about $1.2 million on the project, work was about 70 percent complete and the facility was within 65-70 days of opening, Beavers said
He also argued that, given his understanding of the moratorium, the Council had recognized that “some projects are so far along that they have a right to be completed.”
The developer looked at different uses for the building and determined that storage was the most viable, according to Beavers, Storage is also a “valid use” downtown given all of the new apartment and condo dwellers in the area, he said.
Councilor Darrell O’Quinn, who submitted the moratorium in July, expressed some concern about the project, pointing out that the facility is located close to numerous restaurants, entertainment venues and residential developments. “This is exactly the type of place that the moratorium was intended to try and impact,” he said.
However, the Council ultimately agreed with Beavers. “They have invested heavily and are nearly 70 percent complete,” said Councilor Clinton Woods.
Woods argued that it would send a “concerning message” if the Council voted to stop a project that was that far along.
“This one is pretty clear-cut,” City Council President Valerie Abboitt said. “I don't think we can stop it when it's 70 percent down the road.”
Julie Bernard from the city’s legal department also said that, according to state courts, the Council must take two factors into account in making their decision — the public interest and also the time and money already put into a project. “Alabama recognizes vested property rights,” she said.
The Council also voted 9-0 to allow Warden Capital to complete the construction of some additional interior storage units at a self-storage facility at 5600 Oporto Madrid Boulevard operated by Cubesmart.
The facility has already been in operation since April, according to New York-based developer Hawkins Entrekin, who filed the appeal and appeared at the public hearing. “We invested a lot of money and time in this, and there's really nothing else that can go in this space,” he said.
Abbott spoke in support of the developer’s appeal. “I don't believe this will ever be a walkable area of Birmingham,” she said, referring to the facility's location on a hilltop adjacent to I-20 and across Oporto-Madrid Boulevard from Lawson Field.
“This seems logical to let him proceed, in my mind,” she said.
The building was originally a car dealership and was later used by Anaheim Auto Auctions, according to Entrekin.
The Council also granted an exemption to the moratorium on July 31 to Orange Storage 280 LLC, which seeks to build a mini-storage and commercial office facility at 147 Resource Center Parkway. Members decided that storage was an appropriate use for that location.
On August 27, members delayed action for six weeks on a request from Morningstar Storage to complete a new storage facility at 1905 Richard Arrington Jr. Blvd. near Vulcan Park & Museum. The company is currently doing site work at the location.
