Future for Ridgeland’s Costco to be determined by June
It’s all over but the waiting.
In February, the Mississippi Supreme Court heard oral arguments in the Ridgeland Costco case.
Opponents of the store had appealed the city’s decision to amend its C-2 zoning classification, which they say was done specifically to help developers bring a Costco to Highland Colony Parkway.
The court has until June to hand down a ruling, according to state statute, meaning both sides are holding their breaths and awaiting an opinion.
“Both parties will learn at the same time when the justices hand down their decision,” said John Scanlon, an attorney representing the city of Ridgeland. “There is no further activity by the lawyers.”
Meanwhile, site preparation has started on the store’s location. Contractors continue to do prep work in the eventuality the big box wholesaler will locate there.
No date has been set for when construction on the building will get under way or when it will be completed, according to Ridgeland city officials.
The store would be the anchor of the third phase of Renaissance at Colony Park, which is being developed by Andrew Mattiace and H.C. Bailey. Mattiace couldn’t be reached for comment.
In 2016, nine Ridgeland residents appealed the city’s decision to amend its C-2 zoning classification to allow for “large master plan commercial developments,” saying the decision was made specifically to benefit Costco.
The mayor and board of aldermen amended the ordinance that year, despite an outcry from the public.
The new rules were needed, in part, to allow Costco to build a remote gas station at its proposed location.
The warehouse would be located on Highland Colony Parkway south of the Old Agency Road roundabout and near the Natchez Trace Parkway.
The property is zoned for light commercial use, and does not allow for fueling stations. However, with the 2016 amendments, stations are allowed in C-2 areas as
part of “large master plan commercial developments.”
As part of Renaissance phase three, Costco would be part of one of these developments.
Residents opposed to the project appealed city’s decision to amend its zoning ordinance, citing quality of life concerns.
Steve Maloney, an attorney representing opponents in the case, argues that Costco is a destination shopping center and would increase traffic along Old Agency Parkway.
He uses that road to enter his neighborhood, Greenwood Plantation.
The subdivision has approximately 20 homes and is located less than a mile from the proposed site.
“It’s a huge traffic issue for the parkway, 18-wheelers coming in and out. Highland Colony is not made for that,” he said. “A Walmart would be less of a problem, because they are everywhere.”
There are no Costcos in Mississippi. However, there are three in Tennessee, four in Alabama and three in Louisiana, according to the company’s Web site.
Another resident from the same neighborhood who spoke on the condition of anonymity said she would not shop at the store once it opens.
Ridgeland Alderman at-large D.I. Smith, a Dinsmor resident, also was opposed to the Costco, but said after the board voted to approve it, it’s time to move on.
The alderman moved to Dinsmor 22 years ago, and understood then that Highland Colony would become a major commercial corridor.
“We made an offer in 1996 and when we drove out the back entrance, I asked my wife if we would be happy here in 20 years when there were traffic lights and fast food,” he said. “We knew it was going to be changed over the years.”
Even if Ridgeland’s amendments are overturned, Scanlon argues Costco could still locate at the site as a stand-alone retailer.
Land uses permitted under C-2 include “department stores (full line or discount) and furniture and appliance stores,” according to a copy of the City’s zoning ordinance.
The classification has no size restrictions, but limit the height of a development to 48 feet, or four stories.
“The developer is moving forward with clearing the land ... but my understanding is Costco hasn’t started yet,” Scanlon said.
Site work is being done by Hemphill Construction.
Some opponents are confident in their case because Construction on the Costco has not gotten under way.
They point to a similar case years ago involving the 200 Renaissance Building.
A group of residents appealed the city’s decision to allow the building to go forward to the state’s high court.
During the appeals process, construction on the 13-story structure continued.
Like the Costco case, opponents claimed the mayor and board of aldermen did not follow proper procedures in granting developers the conditional use for moving forward, and that the tower violated the city’s maximum buildable area and floor area ratio requirements.
The decision, they said, representing spot zoning.
The case went before former Justices James Graves, Ann Lamar and Justice Jim Kitchens. Graves is now on the federal bench, while Lamar retired.
Kitchens is one of the three justices presiding over the Costco case, along with Leslie King and Josiah Coleman. The justices took a hard stand against city attorneys during the February oral arguments.
Under state statute, justices must hand down a ruling 270 days after the last brief is filed. The final briefs were filed on September 25, 2017, meaning a decision could be handed down by late June.
