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Rezoning request defeated yet again |
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Wednesday, 18 November 2009 |
By BRIAN HAWKINS
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A developer’s attempt to see a 5-acre tract of land adjoining one of Starkville’s oldest subdivisions rezoned for a medium-density residential development has again been shot down by city officials.
In a 5-1 vote Tuesday, the Starkville Board of Aldermen voted to deny B&P Developers request to rezone a property located between Pleasant Acres Subdivision and the Starkville High School athletic fields from an R-1 (single-family residential) to an R-3A (single-family residential, medium density) zone.
Ward 6 Alderman Roy Perkins was the lone vote in favor of the zoning change; Ward 3 Alderman Eric Parker recused himself, citing an opinion letter from the Mississippi Ethics Commission.
B&P — represented by owner Frank Brewer and attorney, John Moore, at Tuesday night’s Board of Aldermen meeting — has made multiple attempts to rezone the property, only to be fought by Pleasant Acres residents, and, most recently, Starkville School District officials.
The Planning and Zoning Commission initially approved the rezoning April 14 only to have the previous Board of Aldermen overrule its decision a week later. On Aug. 11, the Planning and Zoning Commission again denied a rezoning request by B&P for an R-3 zone for the property, and on Oct. 13 voted to deny a second requested rezoning to R-3A, citing no changes in the area since its April meeting.
B&P appealed the commission’s October decision and was being heard by the aldermen on the appeal Tuesday night.
Moore, addressing the aldermen with Brewer seated next to him, cited City Planner Ben Griffith’s staff report recommending the zoning change, specifically that there had been a zoning change from a C-2 (commercial) zone to R-3A on Academy Road to the south that constituted a change in the surrounding area since the aldermen denied B&P’s initial rezoning request in April.
City code prohibits a rezoning request for a specific tract of land from being reintroduced for a year after its denial unless it is determined that a change in conditions in the surrounding area has occurred, City Attorney Chris Latimer explained.
Moore also said that the project was consistent with the city’s comprehensive plan and with needs within the city for medium density housing developments. Assertions by Pleasant Acres residents and school district officials about traffic problems on Yellowjacket Drive — from which would be the only vehicular access to B&P’s development — are unfounded, Moore said.
Pleasant Acres residents disagreed, voicing concerns about protecting the integrity of older city neighborhoods and citing existing heavy traffic flow on Yellowjacket Drive — traffic that often cuts through Pleasant Acres to South Montgomery Street.
Such a problem would be exacerbated if a medium-density housing development were to located on the property, said Stan Maynard, who lives in Pine Circle in Pleasant Acres.
Perkins, citing Griffith’s recommendations to approve the zoning change in his staff report, said he supported the rezoning and made a motion to approve it, but the motion died for lack of a second from any other alderman.
“I want to be fair and I want to do what’s right. The law is the law and facts are facts. With respect the facts, I am persuaded to support this appeal for a zoning change,” Perkins said.
Ward 2 Alderwoman and Vice Mayor Sandra Sistrunk then made a motion to deny the zoning change requested by B&P and received a second from Ward 5 Alderman Jeremiah Dumas. When pressed by Perkins for a reason why she was making a motion to deny the request, Sistrunk said did not believe that there had been a sufficient change in the character of the surrounding area since the Board’s April denial.
Sistrunk referenced the aforementioned property on Academy Road, which is located a half-mile away from the B&P property.
Revised sidewalk ordinance adopted
Following a short public hearing Tuesday night, the Board of Aldermen also adopted a revised sidewalk ordinance by a unanimous vote.
An appointed committee reviewed the ordinance and made revisions with the goal of clarifying its regulations after concerns had been voiced by some local developers that various sections were unclear, leaving the law open to varied interpretations.
“There are not many wholesale changes,” said Jim Gafford, who chaired the sidewalk ordinance review committee. “Most of the work involved setting clearer definitions.”
The ordinance requires sidewalks with all new public or non-city-owned streets, and specifies their size and how developers must include them in site plans.
“I think we’re beginning to see the significance of this ordinance come to fruition with all the projects ahead for the city,” said Dumas.
Two residents spoke in favor of the ordinance, both citing a need for sidewalks in the city.
“Highway 12 is a great example of the need for sidewalks and this ordinance,” said Frank Ingels, a Ward 3 resident. “You can see where some foot paths have been worn in. You can also see areas where people are having to walk in the roadways.”
Ward 7 resident Alvin Turner urged the board to act on the revised ordinance, noting that discussions on the law had been occurring since March.
Editor’s note: Other business handled by the Starkville Board of Aldermen will be published in Thursday’s edition of the Starkville Daily News due to deadline and space constraints with today’s edition.
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Last Updated ( Friday, 20 November 2009 )
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