Parish council tables bid to rezone Garden City plot

An ordinance that would prevent development of Garden City property with a 168-unit apartment complex was put on hold Wednesday by the St. Mary Parish Council until its next meeting on Aug. 27.
The proposed ordinance introduced by Councilman David Hanagriff on June 9 would revert the 11-acre plot on La. 3215 back to an agricultural zone. The council had rezoned the property to high-density residential in 2009.
Hanagriff moved to postpone the ordinance Wednesday after the council returned from a 30-minute executive session on the subject.
He said he made the motion to ensure that all required procedures are met in the ordinance and “we cross all our T’s and dot all our I’s.”
Council Chairman Steve Bierhorst added that the council was following the advice of its attorney.
Prior to the executive session, the council heard from Jones Walker law firm attorney Jim Percy as representative of the landowner who he said has a purchase agreement for sell of the property.
Developer Lloyd Harris of Marrero is attempting to purchase the property to construct the gated complex.
“This rezoning will destroy the viability of that project,” Percy said. “My client loses significantly if this rezoning goes forward.”
Percy added that he believes the ordinance would be “unlawful on any number of grounds — constitutionally, under the statutes, under the ordinances.”
He then asked that the council not consider adoption of the ordinance until pending litigation has been settled.
“Let the litigation take its course,” he said.
Harris, who is African-American, told the council he has filed a discrimination complaint with the U.S. Department of Housing and Urban Development under the Fair Housing Act. The complaint cites “race and familial status” as the basis of the violation of the housing act.
The timeline cited in the complaint is as follows:
—The council approved a tax incentive and construction finance package for development of multi-family housing in November 2008.
—The Garden City property was rezoned from agricultural to high-density residential in December 2009 after a commissioned land use study.
—A market analysis study in 2010 indicated a demand for new housing in the area of Garden City.
—On June 17, the parish Planning and Zoning Commission recommended to the parish council preliminary approval for the development. The council voted down the recommendation at its June 25 meeting after receiving considerable opposition by nearby residents.
“The complainant believes that the council is spreading misinformation throughout the community, such as, the development will lower the property values,” the complaint states. It adds that concerns that the apartments will be government subsidized is unfounded in that the units will be rented at market value.
It also claims that Harris has met all development concerns related to water and sewer utilities.
The complaint makes note of an earlier proposed developer of the same site who was “white” and “did not meet with the same level of opposition from the parish council.”
The council also heard from Garden City resident Shanon Wade who said he believed the Planning and Zoning recommendation should not have been passed due to misrepresentation by Harris.
“I take extreme exception,” to that, Harris said.
Bierhorst then noted that the P&Z recommendation was preliminary in nature.
In other business the council:
—Introduced ordinances on a zoning map amendment at 122 Polaris Road in Bayou Vista from a mixed residential zone to light industrial; and amendment of the 2014 budget.
—Adopted a proposed ordinance on a lease agreement with the United States Air Force Auxiliary, Civil Air Patrol on property at the Harry P. Williams Memorial Airport terminal building.
—Passed resolutions on a change order and notice of substantial completion on a pavement project at the Harold J. “Babe” Landry Landfill; engineering services agreements with Miller Engineers and Associates on the construction of the Baker Road extension project and the reconstruction of Centerville Bridge Approach Road.
—Took no action on a request for $1,500 from 100 Black Men of St. Mary Inc. to help fund its 17th Annual 5K Run/Walk in conjunction with the 79th Annual Shrimp and Petroleum Festival.
—Referred to finance committee a request from Chez Hope for financial assistance on a new roof and other repairs to its facility in Franklin.
—Appointed Ren Rentrop to Sewer District 8; Wayne Caesar Sr. to Water and Sewer Commission 5; Norma Bowie to Elizabeth B. Davis Park Advisory Commission; Kimberly Cossey Saucier to the Planning and Zoning Commission; Glen Elliot and Susan Legendre to Hospital Service District 3; and Brian Head to Recreation District 3.