City tables rezoning request for patio homes, townhouses

Published 12:04 am Wednesday, August 13, 2014

NATCHEZ — A proposed development of 33 patio homes and townhouses on Ashburn Street led to extensive discussions Tuesday from residents who were for and against the project.

The proposed rezoning of a 6.6-acre parcel of land for the development came before the Natchez Board of Aldermen Tuesday morning through developer Jody Foster who seeks to build houses that cater to elderly residents and tourists who want a vacation house in Natchez.

Foster presented his case to the Natchez Planning Commission last month, but was denied and sent to the board of aldermen, who have ultimate authority on rezoning matters.

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Before Foster can begin construction, the land must be rezoned to allow the type of houses he seeks to build.

The land is currently zoned as villa residential, which is intended to accommodate plantation houses and other historic properties.

Foster is seeking to rezone the land to an R-3 mixed density residential zoning, which would allow for a mixture of single family and two family dwellings.

The land is on the site of former Ashburn plantation, which burned in 1872, and is also near two historic properties, Arlington and Routhland.

City planner Frankie Legaux said she believed the land was improperly designated with the villa residential zoning in 2007 because those rezoning the land at the time believed the plantation home was still on the property.

“The consultants presumed Ashburn still existed, and incorrectly zoned this property,” Legaux told the city board. “The property is not registered as a Mississippi Landmark or in the Mississippi Department of Archives and History database.”

The board called for a public hearing on the matter and heard from a handful of residents, some in favor of the development and some against.

Nearly every seat was filled in the city council chambers.

Foster told the board and the audience members that the houses he wanted to build would mainly be built with elderly residents in mind, saying all would be built to regulations complying with the Americans with Disabilities Act and would have yard maintenance and other amenities arranged for the residents.

“It’s set up for a growing generation,” Foster said. “This property is in great location to hospitals, grocery stores and downtown shopping.”

Foster said one major concern he was hearing from residents that opposed the development was that the new houses would lower property values in the area.

“In my 22 years of construction, I have never seen any residential construction that attaches to old residential construction reduce the property value,” Foster said. “I don’t understand that (argument), and don’t even know how to address it.”

Foster said other residents think he would eventually sell the land and allow another developer to construct different kinds of housing also allowed in R-3 zones, such as an apartment complex.

Foster said he would be willing to accept the R-3 rezoning designation with certain conditions that would remove the ability to build anything else on the land other than patio and townhouses.

City Attorney Hyde Carby said that option — known as contingent zoning — was one the Mississippi Supreme Court approved in 1999. Carby said that designation would also stay with the land even if Foster were to sell to another developer.

Foster’s attorney, Jeremy Diamond, and local realtor Sandra Ellard also spoke in favor of the development.

“Jody has been talking to me about this project for several years, and I was elated to know this type of building is going on,” Ellard said. “To me it’s a win-win situation.”

Local attorney Grayson Lewis, who was representing the Ratcliffe family that owns Routhland, spoke against the development saying the houses Foster seeks to develop would not mesh well with the adjacent historic properties.

“It would be a huge change,” Lewis said. “The intent of the villa (zoning) is to recognize the value and protect the property. R-3 is not compatible for the use of the surrounding properties.”

Lifelong Duncan Park resident Burnley Cook said he was concerned the history of the former Ashburn plantation would be lost with the proposed development.

“There was a large pond called the Ashburn pond where hundreds, maybe thousands, of black baptisms took place,” Cook said. “If there are any descendants that want to go back and look at it, what are we going to show them — a storm drain?”

Following other public comments, Alderman Tony Fields, whose ward Ashburn is located, said he appreciated the open communication from both sides and felt everyone could come up with a reasonable solution.

“I think we all need to meet together and come to a happy medium if possible,” Fields said. “I think we owe ourselves that due diligence.”

Fields made a motion to table the rezoning decision until the board’s next meeting Aug. 26.

As a part of his motion, Fields asked residents of the neighborhood against the development to designate one or several people to serve as spokesmen to meet with Foster and his attorney before the next meeting.

The motion passed unanimously.

In other news from the meeting:

-Brown told board members the fire truck that Adams County Board of Supervisors planned to purchase as part of the county’s 10-year fire protection agreement with the city had been sold to someone else.

The county had been waiting on word about a firefighting grant from the Federal Emergency Management Agency before purchasing the truck.

The county was notified last week they had been awarded an $18,000 grant and had started the process of purchasing the nearly $500,000 truck.

Brown said the company the county was going to purchase the truck from contacted the city and told them the truck that city and county officials had been eyeing was recently sold.

“Now we’re looking at the spring before we get a new fire truck,” Brown said.

Natchez Fire Chief Oliver Stewart told board members the company would have to build a new truck, which would take nearly seven to eight months.

The price for the truck, Stewart said, would remain the same.

-City Clerk Donnie Holloway asked for a motion for his office to enter into an agreement with Silas Simmons to review and help straighten the city’s finances.

The idea was first entertained last month by Ward 6 Aldermen Dan Dillard who said the city’s bookkeeping had gotten to a point that prevented him from having a clear understanding the city’s financial state.

Holloway and his staff created a needs assessment after that meeting, which determined the office needed someone to assist in reviewing the city’s banks accounts.

“They have agreed to do the seven to eight large accounts we have,” Holloway said.

The outside accounting group will charge the city $80 an hour, and Holloway estimated the task would take roughly four weeks to complete.

When other board members raised questions on the amount of money being spent, Dillard said those funds would be well spent if it meant having the city’s finances in order.

“This will give us a fairly clear understanding of where we are financially, which is also very important to the budget process,” Dillard said. “This should give us solid financials to make some solid financial decisions.

“I’m absolutely convinced it’s worth it.”

The motion passed unanimously.

-Katies Ladies Apparel was named the business of the month.