Jackson aldermen to decide on disputed apartment project

Residents of Broadridge Subdivision in Jackson spoke against allowing construction of a 26-unit apartment building on a plot of land owned by developer Shawn Wren, at a public hearing held May 21 during the board of aldermen regular meeting.

Tonight�s board of aldermen meeting, scheduled for 6 p.m. at city hall, 101 Court St. in Jackson, includes action on whether to allow changes to the city zoning ordinances, which would determine whether the project could move forward.

Wren originally had applied for a special-use permit to build two buildings, but then abandoned pursuit of the permit and went with a single-building design.

Residents of Broadridge and the surrounding area objected to the plan, citing concern about increased traffic and decreased property values.

Resident Ken Detring said at the May 21 meeting the residents were not properly informed of zoning changes in 2009 allowing all residential uses, including apartment buildings and other multifamily properties, in an office zone. Detring argued this violated citizens� due process, especially since citizens were not informed in writing of the public hearing back in 2009.

City attorney Tom Ludwig said the city is required to give notice through a newspaper if code changes will affect the entire city, but if a particular property is rezoned, then the city is required to send written notice to people within 185 feet of the rezoned area.

The 2009 change to allow all residential uses in the professional office district falls under the former category, Ludwig said, and thus did not trigger the written notice.

In response to residents� concerns, Wren said he was not asking for any changes or modifications to the land�s zoning, but was asking to be able to do what the code allows.

�The speculation is that it�s going to bring in traffic congestion problems,� Wren said, but added he believed it was unlikely all residents of the 26 apartment units would leave and return at the same times each day.

Wren said the subdivision residents were requesting changing the ordinance for the entire city, and called their request �presumptuous.�

The apartment building would be a $2 million building, he said, geared toward young professionals moving to Jackson who are not yet able to afford a down payment on a home.

�I think it�s going to add to the community; I don�t think it will take away,� Wren said, adding he wants to legally use the property he purchased.

Attorney Megan Andrews spoke to the violation of due process, pointing out the developer�s due process would be violated when zoning allowing the project is already in place.

�I think fairly, yes, both sides have good arguments,� Andrews said, but said this decision is one not of emotion, but of fact.

The motion was tabled for further discussion in the study session.

City administrator Jim Roach reminded the board members a �no� vote on the issue would leave the code unchanged, and a �yes� vote would change the zoning ordinance as residents requested.

Alderwoman Katy Liley asked how many properties are zoned O-1 (professional office), and building superintendent Janet Sanders said there are four: one on the 700 block of East Main Street, one at the intersection of Gerald Street and East Jackson Boulevard, one on Kimbel Lane near Jackson Tire, and Independence Center subdivision, including Wren�s property.

Sanders said she believed the city was operating within legal parameters, noting she had checked processes on similar matters in three other municipalities.

Alderman Larry Cunningham said, �We can�t kick this down the road further,� adding he�s ready to vote at the next meeting.

The aldermen will vote at tonight�s regular meeting.

Also on tonight�s agenda is a public hearing to consider abandonment of East Jefferson Street between South Hope and South Ohio streets, as submitted by Immaculate Conception Church and School. The public hearing is scheduled to begin at 6 p.m.

mniederkorn@semissourian.com

(573) 388-3630