- 35 - Perhaps the most conspicuous indication that the commercialization of the Highway 280 corridor was continuing north of I-459, and that a reasonable probability existed that parcel A could be rezoned, was the annexation of roughly one-half of parcel A and all of parcel B by the city of Birmingham in 1985. The purpose of this annexation was to expand the city's tax base by increasing the number of commercial properties within its corporate limits. It seems to us that the natural consequence of this unilateral expansion was an inevitable rezoning. As to why the city of Birmingham did not rezone the annexed properties concurrently with the annexation remains unclear. But the fact that the annexation occurred with such rezoning in mind is evident. Petitioner attempts to detract from this seemingly unambiguous indication of the commercial progression north of I- 459 by pointing to the so-called buffer zone separating that portion of parcel A annexed by the city of Birmingham from Cahaba River Road. Petitioner contends that the existence of the buffer zone effectively operates in a manner much the same as the restriction Bell contractually agreed to with regard to gaining access to Cahaba River Road. To the extent that petitioner’s contention may be accurate, we need only refer to our discussion above pertaining to the Bell restriction. However, we think the existence of this so-called buffer zone is markedly different from the restriction placed on the Bell property. There is noPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
Last modified: May 25, 2011