A rezoning ordinance for property at the corner of Ninth Avenue North and U.S. Highway 231 for rezoning from R-1 (residential) to B-2 (commercial) property failed after a split decision vote by the council.

Mayor Bill Hereford and councilmen Donnie Guinn and Donnie Todd voted in favor of rezoning the property.  Council members Jay Jenkins, James McGowan and Dot Wood voted against the ordinance.

Jeff Jones of Riverbank Properties, LLC asked the council to consider rezoning the property adjacent to Iola Roberts Elementary School across the street from Jack’s Restaurant, saying he wanted to build a $1.5 million commercial center.  According to design plans presented before the council, the development will contain approximately seven or eight commercial units.

“I’m trying to create jobs and new taxes for the city,” Jones said.

Attorney for Jeff Jones, Billy Church said the property was initially designated as commercial property on the city map.

Twenty-five to 30 years ago the property was used for commercial business by Miller Sutherland Auto Mall. The business closed in 2009.

“I don’t recall any incident where a complaint was filed by residents,” Church said.

Residents from the Oak Ridge neighborhood voiced their concerns before the council at the public hearing.

“The general opinion is that you can, but the question is should you,” resident John Knight told the council. Knight said the community had a restrictive covenant, requiring 75 percent of community residents to agree to changes regarding property use.  “It’s a legal agreement.”

If the zoning ordinance passed, Knight said residents would have to take the matter to court.

Other residents sided with Knight saying they worried about the property value of their homes, parking at Iola Roberts, traffic congestion and children’s safety in the neighborhood.

“This will have an impact on property value,” resident Patricia Sims said.  “There are environmental concerns.  We won’t have a buffer of trees.”  Sims also expressed concern over the dumpsters behind business and the rodents they would attract.  “Residents signed restrictive covenants with the belief they would be protected.”

David Jackson attended the hearing on behalf of his mother, resident Betty Jackson, who has lived in the community since the 1960s.

“I just don’t understand,” Jackson said.  “The city has let down residents for allowing this to happen.”

Richard Nixon said traffic congestion at the intersection and school parking were already messy and new developments would only create a bigger problem.

Charles Robinson, a former St. Clair County Court Judge, approached the council about the rezoning request from the property’s previous owner, reminding them the request had been denied and questioned why they would consider rezoning now under a different owner.

“I knew when I bought the property there were restrictions,” Robinson said.  “Those covenants are going to be enforced.  This won’t be the end, but you can put an end to it.”

Resident Nancy Jordan was the only one to express interest in rezoning the property.

“I feel like the covenant has been broken by everyone here,” she said. “I see progress.  This is no longer the Mountain Brook of Pell City.  Things change.  We either live with it or move.”