Months after the October Gulf Shores Planning Commission revote for the Regency Place site plan, a lawsuit has been filed in the long-running battle.
In court documents obtained by Gulf Coast Media, the City of Gulf Shores, the City of Gulf Shores Planning Commission, Gulf Sand Development LLC and Regency LLC are being sued by Nan Hedgspeth, a resident of Enclave at Oak Hill.
The lawsuit asks for a trial by jury to declare the approval of the site plan as well as the sale of property from Sands to Regency null, void and rescinded.
The City of Gulf Shores declined to comment on any pending litigation against itself.
This particular apartment complex has been under scrutiny since June of 2018 when residents started packing out city council meetings to voice their concerns about the density of the project as well as its proposal as rental units.
The Gulf Shores Planning Commission heard from residents as well at the architect of Regency Place Apartments in a special meeting in September.
The meeting began with Planning and Zoning Director Andy Bauer reading the conclusions and findings promised to the concerned residents about the project.
The findings state that the Regency Place Apartments plan is consistent with the comprehensive plan and the purpose and intent of the applicable district.
“The comprehensive plan is not a single document, rather it is a combination of the provisions of the zoning ordinance, zoning maps, master plans and development guidelines which constitute the basis for a comprehensive zoning plan for the City of Gulf Shores,” Bauer said. “The property is zoned R-4 residential/ high-density multiple-family district and has been sine 1984. The purpose and intent of the R-4 zoning district is for the protection of areas that are, or are planned to be, developed for high-density attached housing in central locations within the community.”
The findings also stated that the plan for the development is in conformance with all applicable regulations of the applicable district and that multiple-family residential development is allowed by right in the R-4 district.
The city also had a second, independent traffic study conducted by Skipper Consulting after questions were raised about the timing of the original study. The findings were similar, and the city’s report stated the roadways and intersections would operate with acceptable levels of service during future daily and peak hour traffic conditions.
Staff recommended the continued approval of Regency Place Apartments with conditions, one of them being no vacation rental licenses issued to the property ever.
Stuart Povall, the architect behind the apartments, spoke to the planning commission for the development. He said his team recognizes the concerns of the citizens and that change doesn’t come easy.
“We have made statements to this commission, to the city council and to the press that touch on quality of the project, the nature of its ownership, its targeted demographics, its rent thresholds and things like that,” Povall said. “We stand by those statements still today. However, we do not consider topics such as that relevant to the proceedings today. I would like to make clear that we have followed the City of Gulf Shores’ ordinance entirely and only want to develop this land as entitled by its zoning and the requirements placed on it by the city’s ordinance. This is a by-right development, and all we want to do is develop according to our rights as land owners under the law.”
He said his team believes the development will fit a need in Gulf Shores for high-quality rental housing close to the central business district and the beach.
“We consider ourselves fully entitled at this point to move forward with this development as currently zoned,” Povall said. “We are here to assist the city and this commission in an attempt to clarify why we have gained our approvals already. We do not expect that the right to move forward with this development as currently designed and approved is going to change at this point. We are simply voluntarily pausing as we assist the city and residents in working through this clarification.”
Mayor Robert Craft said he did legal research from one of the previous meetings of the residents to the City Council. He said so far in this process, the City Council has had no role.
“If it’s approved by right and approved then the Planning Commission has done their job,” Craft said. “I told you I’d do a little digging to see what after the fact could be done. Under the zoning ordinance, site plan approval is the sole responsibility of the Planning Commission. The Planning Commission has no authority to deny approval to a project that is allowed by right under the zoning ordinance and that is otherwise in compliance with the zoning ordinance standards of approval.”
The Islander will update this story as the litigation moves forward in court.
