Case 1886 Applicant: MSL Properties, LLC Owner: Same Request: Rezone approximately 5.94 acres from (I) Industrial District to (GB) General Business District Location: Industrial Park Drive Surrounding Uses and Zoning: South: (POL) Public Open Land and (PUD) Planned Unit Development – Northeast Mississippi Regional Center and Grand Oaks, PUD II North: (RC) Multi-Unit Residential – Undeveloped vacant land East: (NB) Neighborhood Business – Undeveloped vacant land West: (I) Industrial zoned district – H&M properties; storage Zoning History –The zoning of the subject property was established in 2004. Planner’s Comments: The applicant is requesting to rezone approximately 5.94 acres of currently zoned (I) Industrial vacant land to a (GB) General Business zoned classification. A request to rezone approximately 20 acres of (I) Industrial zoned property to (RB) TwoUnit Residential (3.16 acres) (RC) Multi-Unit Residential (5.28 acres) and (NB) Neighborhood Business (11.03 acres) was approved in 2009. (Planning Commission Case #1513) The criteria to rezone property are cited in a number of Mississippi cases and are as follows: 1) Mistake: There is a mistake in the original zoning (scrivener’s error) or 2) Change: to what extent the character of the neighborhood has changed to with regard to such major economic, zoning, physical, or social changes, if any, have occurred in the vicinity of the property in question. 3) Public Need: Is there a need in the area or neighborhood where the subject property is located for the requested zoning classification. 1 Mistake: Based on past zoning maps the there is no record of a mistake in current zoning classification of the subject property. Change: Many changes in this part of Oxford have taken place in the recent past. There has been increased development activity in Grand Oaks, PUD II. With the construction of the Grand Oaks Country Club and the development of new subdivisions occurring around it, vehicular traffic has increased along Industrial Drive to these newly developed areas. In addition, Oxford University School was approved in 2013 and constructed in Parcel #22; as specifically dedicated for a school in Grand Oaks, PUD II. Completed in 2014 OUS is located to the south of Industrial Drive and a road was constructed as primary ingress and egress to the site. Conversely, a number of industrial properties in this area have moved or changed to less intense uses giving the appearance of a somewhat defunct or obsolete industrial zoned area. Need: The need in the area for the proposed zoning is documented by the absence of vacant general business zoned property in the immediate vicinity of the subject property. In addition, the proposed general business zoning will function as a land use buffer between the more intense industrial zoning to the west and the neighborhood business and less intense residential zoned property adjacent to the east and beyond in the Grand Oaks, PUD II. Recommendation: If the applicant adequately documents that the character of the neighborhood has changed to the extent to justify reclassification and that there is a public need for the rezoning, staff would recommend approval for the rezoning request. 2 City of Oxford 107 Courthouse Square Oxford, MS 38655 APPLICATION FOR ZONING MAP AMENDMENT MSL Properties, LLC Applicant’s Name ________________________________________________________________________________________ PO Box 1041 Oxford, MS Mailing Address ________________________________________________________________________________________ Industrial Park Dr Address of Property in Question ___________________________________________________________________________ (662) 236-1598 Telephone Number (s) Day ________________________________________________________________________________ Interest in Property ( ) Owner ( ) Leaseholder ( ) Option to Purchase ( ) Other Legal Interest I - Industrial Present Zoning Classification of Property ___________________________________________________________________ GB - General Business Proposed Zoning Classification of Property __________________________________________________________________ Legal Description of Property (Include all subdivision lot numbers or metes and bounds description and tax parcel numbers) Tax Parcel ID: 182-03-020.00. See attached Plat. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ What changed or changing conditions make the passage of this amendment necessary? The further development of Grand Oaks to the north and east of the subject property, along with the recent establishment of the Oxford University School to the south and west of the property are the main ________________________________________________________________________________________________________ factors causing the character of the neighborhood to change and create a public need for re-zoning. There are undeveloped portions of the Grand Oaks PUD to the south and east of the property that are ________________________________________________________________________________________________________ planned for development as well. The subject property borders the Industrial Drive Extension, which provides access to these future phases of residential development. This re-zoning will enhance the land ________________________________________________________________________________________________________ use buffer between the more intense future development to the south and the low density single-family character to the north, hence the buffer between the PUD and existing Industrial developments. ________________________________________________________________________________________________________ What other circumstances justify the proposed change? This property is also contiguous to other previously re-zoned Industrial sites that were re-zoned for Neighborhood Business and Multi-unit Residential, which will also work to improve the land use buffer upon development. ________________________________________________________________________________________________________ The need for industrial is currently and can be met by the existing Industrial area to the west and the several hundred acre Industrial Park to the North. The Industrial Park Dr connection to Highway 7 will likely experience ________________________________________________________________________________________________________ increased traffic as Grand Oaks continues to develop and the widening of Highway 7 is completed. The property is also located on the main corridor which provides access to Oxford University School. If developed with the current Industrial zoning, ________________________________________________________________________________________________________ a high volume of heavy truck traffic could result from this development, causing unsafe conditions for students, parents, and faculty. Another reason the proposed change is justified by the lack of general business zoned property in the general vicinity. ________________________________________________________________________________________________________ What error(s), if any, in the Zoning Map would be corrected by the proposed amendment? ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Signature of Owner or Authorized Agent ____________________________________________ Date___________________ A legal description and a plat showing the land area affected by the proposed amendment, zoning classification of the area and all abutting properties, all public and private rights-of-way and easements bounding and intersecting the designated area and abutting properties must be attached along with a $150.00 filing fee payable to the City of Oxford. FOR CITY USE ONLY Date Filed _______________ Filing Fee $150.00 Date of Public Hearing ___________________________________________________________________________________ Decision of Board of Adjustment ___________________________________________________________________________ ________________________________________________________________________________________________________ Effective Date ___________________________________________________________________________________________ ____________________________________ Zoning Administrator ________________________________ Date SUBJECT PROPERTY M.S.L. PROPERTIES CURRENT ZONING MAP – OXFORD, MS PROPERTY LINE AND SURVEY DATA AS SHOWN ON THIS DRAWING IS BASED ON A PLAT AND DRAWING PROVIDED BY DEVELOPER AND OBTAINED FROM PRECISION ENGINEERING. EXISTING CULVERT PROPERTY IS CURRENTLY ZONED AS INDUSTRIAL(I). PROPOSED REZONING TO GENERAL BUSINESS(GB). N 89°43'43" E N 89°43'43" E 349.12' 174.06' TOP OF BANK W 6" '1 4 °4 42' . 46 S 85 "W '33 8 °0 ' 55 .32 S 68 APPROXIMATE CENTERLINE OF DITCH LOT #1 2.13 ACRES ± 92716.13 SQ. FT. ± W 310.28' OXFORD WIRE AND CABLE ZONE - I ' 44 1. 22 91' N 00°01'49" E 625.20' 42. 13.00' S 07°03'1 N 07°03'1 646.92' 1" E 605.62' S2 3°0 9'2 1" W 0" W S 43 °4 5 '4 6" LOT #2 105251.2 Sq. Feet 2.4 Acres S 89°56'19" W 463.24' D 157.61' LOT #3 73476.9 Sq. Feet 1.686 Acres 157.46' S 02°24'25" W 222.12' S W PROPOSED AREA FOR REZONING IS 5.94 ACRES. GRANBERRYTRAVIS S 89°56'19" W 470.03' 51.52' CONSULTING FIRM S 07°03'1 1" W 29.37' 157.47' 46' 74. S2 3°5 2'0 0" W LOT #4 79836.4 Sq. Feet 1.832 Acres The District on South 17th 211 South 17th Street Oxford, MS 38655 '57" W S 80°40 97.01' 1003.00 N 87°33'24" E 175.37' S 89°44'15" E N 89°57'00" E S 89°57'01" W 69.93' 136.68' 219.00' 9/9/2014 1" = 20' STATE OF MISSISSIPPI ZONE - GB OXFORD UNIVERSITY SCHOOL ZONE - PUD 1.1
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