Memorandum. To: Mayor and Board of Aldermen. From: Benjamin Requet, Senior Planner. Date: July 07, Re:

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1 Memorandum To: From: Mayor and Board of Aldermen Benjamin Requet, Senior Planner Date: July 07, 2016 Re: Second Reading and Public Hearing for a Request to Rezone +/- 1.8 acres from (RC) Multi-Unit Residential to (NB) Neighborhood Business for property located at the intersection of Anchorage Road and Highway 314 (southeast corner) Consideration of a request to rezone +/ acres, located at the southeast corner of the intersection of Anchorage Road and Highway 314, from (RC) Multi-Unit Residential to (NB) Neighborhood Business. The subject property is below the grade of Highway 314 (Old Sardis Road), is currently undeveloped with sparse natural vegetation slopes from north to south. The properties to the north of Highway 314 (Old Sardis Road) are outside the city limits but the properties surrounding the subject property to the east, south and west are inside the city limits and are zoned (RC) Multi-Unit Residential. The applicant contends that the amount of existing development near this property and the significant traffic associated with that development and generated by activities hosted at FNC Park, makes this site ideal for a commercial retail activity of neighborhood intensity. Additionally, the planned extension of West Oxford Loop will continue to change the character of this neighborhood and generate more development and traffic presenting a need for opportunities for basic retail goods. Currently, there are very limited opportunities for basic retail goods for area residents and for visitors to FNC Park. The closest retail center in this area is located at the intersection of Highway 314 and McElroy Drive. FNC Park opened its doors in February 2009 providing the community and the region with recreational facilities for baseball, football, soccer and softball. Additionally, FNC continues to make improvements that further enhance the facility including the installation of turf infields of several of the baseball diamonds, which allow for games to be played when they normally might have been cancelled. FNC Park has steadily increased the number of events held at the facility since Currently, FNC Park has hosted 18 events with 1116 teams this year with approximately 6-8 more events scheduled for this year. Brad Freeman informed the Planning Department that they estimate between people per team, consisting of players, coaches, parents, etc. If current trends continue, an additional 8 events would bring

2 a grand total of 1612 teams to FNC Park and suggests that between 48,000-56,000 people visited or will visit FNC Park this year. In addition to the events scheduled by FNC Park, the Oxford Park Commission schedules a variety of youth and adult sports activities, averaging more than 3,000 participants per year, that are hosted at FNC Park. These programs do have varying schedules for practices and games however, activities take place multiple days of the week and due to the increased traffic on College Hill Road/Highway 314, police officers often direct traffic at multiple intersections along this road. As Oxford continues to grow, we are also seeing residential growth in this region of Oxford. At the March 2016 Planning Commission, Fieldstone Farms, a residential development that will add 240 dwelling units, was approved and the Mayor and Board of Alderman approved their request for city utilities. Single-family homes are continuing to be built in and near the Twelve Oaks subdivision. The Retreat is nearing completion on a second phase to their development adding an additional 108 units on Anchorage Road. Construction is anticipated to begin late this fall on West Oxford Loop Extended, which will connect West Oxford Loop at Anderson Road to College Hill Road. The projected Average Daily Trips (ADT) for this West Oxford Loop Extended near Hwy 314 is approximately 6,700 trips per day. The construction of this new road will continue to change the character of this area because it will provide more opportunities for access to Highway 314, FNC Park, Sardis Lake (Clear Creek Landing) and potentially opportunities for additional residential and commercial developments. The focus of this request is on land use, which is a request to rezone the subject property from (RC) Multi- Unit Residential to (NB) Neighborhood Business. This area of Oxford has limited opportunities for basic retail goods and services the most likely of which is Skymart located at the intersection of Highway 314 and McElroy Drive or the businesses located near West Jackson Avenue. Vision 2037 promotes the creation of neighborhood nodes that could facilitate these basic retail and service needs while minimizing the distance someone must travel, in some instances, these opportunities may be within walking distance. Providing these local opportunities for goods and services, could potentially have an impact on congestion along West Jackson Avenue and other roads because needs may be fulfilled closer to home. At the June 2016 Planning Commission meeting, the Planning Commission recommended approval of the rezoning from (RC) Multi-Unit Residential to (NB) Neighborhood Business with the following condition: 1. That tavern and liquor store be removed from the list of uses for this site. However, staff does not believe it to be necessary to restrict various forms of commerce that are allowed in this district and that may otherwise be desired in the future. If you need additional information or have further questions, please feel free to contact the Planning Department.

3 Case #2084 To: Oxford Planning Commission From: Benjamin Requet, Senior Planner Date: June 13, 2016 Applicant: Owner: Request: Location: Zoning: Blackburn Holdings, LLC Big Leaf Development, Inc. Rezone +/- 1.8 acres from (RC) Multi-Unit Residential to (NB) Neighborhood Business Intersection of Anchorage Road and Highway 314 (southeast corner) (RC) Multi-Unit Residential Surrounding Zoning and Uses: North: Outside City Limits South: (RC) Multi-Unit Residential East: (RC) Multi-Unit Residential West: (RC) Multi-Unit Residential Planner s Comments: The subject property is approximately +/ acres, located at the southeast corner of the intersection of Anchorage Road and Highway 314 and is zoned (RC) Multi-Unit Residential. The subject property is below the grade of Highway 314 (Old Sardis Road), is currently undeveloped with sparse natural vegetation slopes from north to south. The properties to the north of Highway 314 (Old Sardis Road) are outside the city limits but the properties surrounding the subject property to the east, south and west are inside the city limits and are zoned (RC) Multi-Unit Residential. The applicant is requesting to rezone the subject property from (RC) Multi-Unit Residential to (NB) Neighborhood Business. The applicant contends that the amount of existing development near this property and the significant traffic associated with that development and generated by activities hosted at FNC Park, makes this site ideal for a commercial retail activity of neighborhood intensity. Additionally, the planned extension of West Oxford Loop will continue to change the character of this neighborhood and generate more development and traffic presenting a need for opportunities for basic retail goods. Currently, there are very limited opportunities for basic retail goods for area residents and for visitors to FNC Park. The closest retail center in this area is located at the intersection of Highway 314 and McElroy Drive. The criteria to rezone property are cited in a number of Mississippi cases and are as follows: Before a zoning board reclassifies property from one zone to another, there must be proof either: (1) that there was a mistake in the original zoning, or (2) (a) that the character of the neighborhood has changed to 1

4 such an extent as to justify reclassification, and (b) that there was a public need for rezoning. (Burden v. City of Greenville, 1999). In another case, the court stated: Before property is reclassified, applicant seeking rezoning must prove beyond by clear and convincing evidence either that there was mistake in original zoning, or that character of neighborhood had changed to such an extent as to justify rezoning and that public need existed for rezoning. (City of Biloxi v. Hilbert, 1992) Finally, in Fondren North Renaissance v. Mayor and City Council of City of Jackson, 1999, the court stated, Under the change and mistake rule of municipal zoning, based on the presumption that the original zoning is well-planned and designed to be permanent, before a zoning board may reclassify property from one zone to another, there must be proof either: (1) that there was a mistake in the original zoning, or (2)(a) that the character of the neighborhood has changed to such an extent as to justify reclassification, and (b) that there was a public need for rezoning. Therefore, the merits of the applicant s request for rezoning based on the criteria established in the cited cases is as follows: Mistake: There was not a mistake on the previous rezoning. Change and Need: The continuing development of residential neighborhoods within proximity of the subject site and the popularity and success at FNC Park have generated a substantial increase in traffic in this area of town. Additionally, the proposed construction of the West Oxford Loop Extension will facilitate new development opportunities which will potentially further increase traffic along and near Highway 314. There is a public need for basic retail goods because opportunities to fulfill these needs are particularly limited in this area of Oxford. Recommendation: Staff recommends approval of the request to rezone +/- 1.8 acres at the intersection of Anchorage Road and Highway 314 (southeast corner) from (RC) Multi-Unit Residential to (NB) Neighborhood Business. 2

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8 Year Number of Events Number of Teams Number of People per Team (Low = 30) Year over Year Difference Percent Increase Number of People per Team (High = 35) Year over Year Difference Percent Increase , , ,570 3,930 45% 14,665 4,585 45% ,770 4,200 33% 19,565 4,900 33% ,100 3,330 20% 23,450 3,885 20% , % 24, % ,950 5,370 26% 30,275 6,265 26% ,620 8,670 33% 40,390 10,115 33% Current 2016* , , P R O J E C T I O N S 2016** (with 6 additional events) 2016 (with 7 additional events) 2016 (with 8 additional events) ,640 10,020 29% 52,080 11,690 29% ,500 11,880 34% 54,250 13,860 34% ,360 13,740 40% 56,420 16,030 40% * As of 6/24/2016 ** FNC anticipated 6-8 more events in Using an average of current event/team ratio (1116/18=62 team per event average) FNC Park Event Data

9 Sports Spring Youth Baseball T-Ball Coach Pitch (9/10) , , Fall Baseball Girls Softball T-Ball Coach Pitch , , Fall Soccer Boys U U Girls U U Spring Soccer N/A Boys New U U Girls

10 U U New Oxford Soccer Club Youth Flag Football , , , Little Sluggers Adult Softball Total Players Men's (# of Teams) Co-Ed (# of Teams) Adult Soccer Total Players N/A # of Teams Adult Flag Football Adult Kickball Adult 16" Softball

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12 ORDINANCE NO AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OXFORD, MISSISSIPPI, 2004, FOR CERTAIN PROPERTY LOCATED ON OLD SARDIS ROAD/HIGHWAY 314 AND ANCHORAGE ROAD AND FURTHER IDENTIFIED AS TAX PARCEL NUMBER 146W BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF OXFORD, MISSISSIPPI: WHEREAS, on June 13, 2016, pursuant to notice, the Oxford Planning Commission held a public hearing to consider a request to rezone +/-1.80 acres from (RC) Multi-Unit Residential to (NB) Neighborhood Business (Case #2084), as described below: Tax Parcel Number 146W Legal Description of the Subject Property A parcel of land located in the Northeast Quarter of Section 13, Township 8 South, Range 4 West, in the City of Oxford, Lafayette County, MS, containing Acres, and being more particularly described as follows: Commencing at a found 1" iron rod located at the Northeast Corner of Said Section 13; Run thence South 22 Degrees 42 Minutes 59 Seconds West a distance of Feet to a 1/2" iron rod set on the southern right-of-way line of MS Highway No. 314 (75.00 Feet from centerline), said point located at the northwest corner of David Mullen's Property (deed 530/303) and also being the POINT OF BEGINNING of this description. From said Point of Beginning run along the southern right-of-way line of MS Highway No. 314 North 53 Degrees 51 Minutes 48 Seconds West a distance of Feet to a 1/2" iron rod set at the intersection of said southern right-of-way line with the eastern right-of-way line of Western Hills Road; Thence leaving said southern right-of-way line and along the eastern right-of-way line of Western Hills Road, run South 38 Degrees 51 Minutes 40 Seconds West (45.00 Feet from centerline) a distance of Feet to a 1/2" iron rod found; Thence leaving said eastern rightof-way line and along the northern boundary of Dibenedetto Ventures LLC property (deed 2013/5431) South 32 Degrees 33 Minutes 37 Seconds East a distance of Feet to a 1/2" iron rod found; Thence leaving said boundary and along the western boundary of David Mullen's Property the following courses and distances: 1) North 57 Degrees 42 Minutes 42 Seconds East a distance of Feet to a 1/2" iron rod set; 2) South 30 Degrees 12 Minutes 35 Seconds East a distance of Feet to a 1/2" iron rod set; 3) North 59 Degrees 04 Minutes 29 Seconds East a distance of Feet to a 1/2" iron rod set; 4) North 19 Degrees 48 Minutes 22 Seconds East a distance of Feet back to the Point of Beginning. WHEREAS, zoning must be in conformance with the City of Oxford s Comprehensive Plan and; WHEREAS, the Department of Planning and Development recommended approval of the rezoning application, finding that there was proof of public need to support the request for rezoning, that the request to rezone from (RC) Multi-Unit Residential to a (NB) Neighborhood Business district was appropriate, and WHEREAS, after hearing the request on June 13, 2016, the Oxford Planning Commission recommended approval of the rezoning request; and WHEREAS, on June 21, 2016 a first reading of the requested rezoning was held at the regular meeting of the Mayor and Board of Aldermen; and WHEREAS, on July 05, 2016 a public hearing and second reading of the requested rezoning was held at the regular meeting of the Mayor and Board of Aldermen; and

13 WHEREAS, the third reading of the requested rezoning with conditions was held at the regular July 19, 2016 meeting of the Mayor and Board of Aldermen; and WHEREAS, after having called for and received public comment and considering the findings of the Planning Commission, supporting documents, and the recommendation of the City planning staff, the Mayor and Board of Aldermen found that the applicant demonstrated by clear and convincing evidence a change in the land use character of the neighborhood and that there was not a need for additional property zoned (RC) Multi-Unit Residential; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF OXFORD, MISSISSIPPI, AS FOLLOWS: Section 1. That the Official Zoning Map for the City of Oxford, Mississippi, be, and it is hereby amended by changing the zoning classification of the above described property from (RC) Multi-Unit Residential to Conditional (NB) Neighborhood Business. Sec N-B Neighborhood Business district [Established.] The Neighborhood Business District is established to create a zoning district that is intended to permit a mixture of small-scale neighborhood commercial and residential land uses. Commercial establishments should be accessible by pedestrians from surrounding neighborhoods, and of such a nature as to minimize conflicts with surrounding residential uses. Residential development can be in the form of detached, attached, two-unit, townhouse, and multi-unit dwellings including principal dwellings incorporated into a structure serving non-residential uses to promote mixed use development Uses permitted. 1. Restaurants, drive-in restaurants, ice cream sales and similar related uses. 2. Service stations. 3. Taverns. 4. Garages for repair of motor vehicles within closed buildings. 5. Shoe repair. 6. Reserved. 7. Liquor stores. 8. Antique sales. 9. Dry cleaner pick-up center. 10. Building supply store. 11. Photo studio. 12. Veterinarian with indoor kennels only. 13. Grocery stores. 14. Any retail business or service establishment, but not to include industrial uses permitted in the Industrial District. 15. Commercial condominiums, See section , Condominiums. 16. Public park and/or playground. 17. Accessory use, as defined in section [18]. Public facilities and/or utility facilities necessary to provide service to the surrounding area, or to the entire municipality. 20 [19]. Church and/or church facilities, minimum lot size of one acre. 21 [20]. Clubs and lodges. Section 2. That the above change shall be made upon the official zoning map promptly, and a notation shall be made listing the number of this ordinance, the date of enactment, the original zoning designation, the new zoning designation, the City Clerk s signature, and the Mayor s signature. Section 3. That all ordinances, or parts of ordinances in conflict herewith, shall be, and the same are hereby repealed. Section 4. That this ordinance shall take effect and be in force from and after the time required by Mississippi Code of 1972, as amended, provided, however, that such change or

14 amendment made by this ordinance shall not become effective until such has been duly entered upon the Official Zoning Map of the City of Oxford, Mississippi. The above Ordinance having been first reduced to writing and considered at a public meeting of the governing authorities of the City of Oxford, Mississippi, on motion of Alderman seconded by Alderman and the roll being called, the same was adopted by the following vote: Alderman Addy Alderman Tannehill Alderman Antonow Alderman Howell Alderman Taylor Alderman Bailey Alderman Morgan voted voted voted voted voted voted voted APPROVED, this day the of, 2016 GEORGE G. PATTERSON, MAYOR ASHLEY ATKINSON, CITY CLERK