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Council hears de‑annexation request tied to church’s plan to open K‑8 religious school
Summary
A church seeking to operate a K4–8 religious school asked the council to de‑annex a 7.333‑acre tract at 7160 Cahaba Valley Road so it can pursue Shelby County conditional‑use approvals. Applicants said they have more than 40 committed students and intend to open in August; councilors pressed for written assurances from Shelby County and discussed covenants, right‑of‑first‑refusal and financing implications.
An applicant seeking de‑annexation of roughly 7.333 acres at 7160 Cahaba Valley Road presented to the planning session and fielded extended questions from councilors about zoning, conditional‑use permitting and state funding.
Mr. Martin (staff) summarized that if the ordinance does not pass, the applicant would need to submit a conditional use application and follow the city's standard review process (planning commission and council), which typically takes about three months. Jonathan Griffith (S14), representing Trinity Presbyterian members involved in the proposal, said he had discussed options with Shelby County zoning staff and was advised to file a conditional‑use application with the county; congregation leaders said Shelby County indicated the school could operate once the application is filed while the county considers the request.
Pastor Gillespie (S16) and other church representatives told the council they have "40 plus students" committed and plan to serve K4 through 8th grade. Council members raised concerns about whether state 'Choose Act' funds would need to be returned if the school could not operate, and about the risk that C‑2 zoning (if the property remains in the city) allows a wide range of commercial uses that neighbors might find incompatible. Attorney Waldrop (S17) recommended placing covenants that limit future use to a church or school and a city right of first refusal if the property is sold; church leaders said restrictive covenants could hurt their ability to obtain construction financing for a planned sanctuary and asked about less restrictive alternatives or a contractual pledge while they own the property.
Staff and councilors sought written confirmation from Shelby County that filing an application would not preclude opening in August and requested that applicants provide paperwork by Monday so councilors could review it prior to the vote. The council invited further negotiation with legal counsel before the Monday meeting; no final action was taken in the planning session.
