callicutt farms zoning #1840 - oxford, mississippi€¦ · south, range 3 west, city of oxford,...

Callicutt Farms Zoning #1840

Applicant: Andy Callicutt

Owners: Same

Request: Conditional Zoning of recently annexed property known as Callicutt Farms

containing a 51.35-acre tract which will be zoned R1-A (Single-Family Residential),

a 23.65-acre tract which will be zoned RC (Multi-Family Residential), a 12.55-acre

tract zoned RB (Two-Unit Residential), and a 2.56-acre tract zoned NB

(Neighborhood Business)

Location: South Lamar

Zoning Agricultural

Zoning History: Zoning established in 2004

Part of the Comprehensive Land Use amendment to Mixed Use 2014

Surrounding: North: Proposed Hospital and King Property part of the Inclusion slated to be

designated Medical Land Use/Medical District and Mixed Use land use.

South: Vacant land-Marchbanks Property not zoned in County

East: Proposed Callicutt Farms

West: Cohran Property annexed and currently in the propose for next month

Planner’s Comments: The property is located in the proposed Callicutt Farms project.

The change in land use is the proposed mixed use land use which is supported and documented. These map changes include part of Callicutt Farms that was annexed effective

May 2014. The change to mixed-use is also recommend for the remainder of Callicutt Farms

which will be mixed use. It should be noted the areas previously identified incorrectly as the

PUD zoning category were relabeled as mixed use land use. This land use change is consistent

with the adjacent mixed use development. It is an important strategy of the 2004 Comprehensive

Plan to promote smart growth by including mixed-use development.

The change in need is directly related to the development of the new Baptist Hospital and the

associated new roads and need for support mixed use. The Hospital property is slated to develop

as a medical district. The Hospital Campus is north of the proposed Callicutt Farms. There is

an immediate need for doctor’s offices in close proximity to the Hospital. The City’s major

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transportation plan indicates an east-west collector roadway through the property designated to

connect Old Taylor Road with South Lamar Boulevard. Also, as with the approval of Baptist

Hospital, there will be a north-south connector road that ties the Hospital Campus to the

Callicutt Farms Community. See the Thoroughfare Map Plan from the adopted Comprehensive

Plan documenting the expansion of 300 across the Callicutt property supporting change in need.

The request for the mixed use Callicutt Farms zoning is consistent with the Comprehensive Plan

and existing and proposed development patterns, land use and zoning in the area.

Recommendation: All portions of Callicutt Farms are required to develop consistently with the Master

Plan prepared by Dalhoff Thomas Design and Williams Engineering. Since this is a conditional rezoning

the each zoning district should be approved with the specific conditions outlined below:

Approval: Conditional Zoning of a 51.35-acre tract which will be zoned R1-A (Single-Family

Residential) known as area 4 in the location documented below with the following conditions:

USES PERMITTED:

1. Single-family dwellings.

2. Public park and/or playground.

3. Accessory use or structure, as defined in section 117

ONLY USES PERMITTED TO REQUEST SPECIAL EXCEPTION:

1. Hospitals, institutions for children or the aged, not including penal or correctional types, when

located on a major street as designated in the major thoroughfare plan of the Oxford comprehensive

plan and having a minimum lot size of three acres.

2. Home occupations as defined in section 117. See section 156, Home Occupations.

3. Preschool, including nursery schools and kindergartens, which provide a minimum of 30 square

feet of usable indoor play space per child and 65 square feet of usable outdoor play space per child

and meet any other requirements which the board of adjustment or City of Oxford may deem

necessary for such schools in this district.

4. Planned unit development as defined in section 117, and according to the requirements of section

150, Planned Unit Developments (PUDs).

5. Church and/or church facilities, but not to include dormitory or commercial facilities.

6. Public facilities and/or utility facilities necessary to provide service to the surrounding area, or to

the entire municipality.

7. Accessory structures may be used for, or converted to, residential purposes only under the

following limitations:

a. The accessory structure is located in the rear yard and meets the side and rear yard

requirements of the district in which the building is located;

b. The lot is of sufficient size to accommodate additional dwellings for the district in which the

building is located and adequate parking provided in accordance with provisions of this article;

c. Restrictive covenants be filed with the chancery clerk and then a filed stamped version with

the planning office prior to the issuance of any permits prohibiting the leasing or renting of the

residential accessory structure;

d. The accessory structure shall not have a separate electric meter, except when required by

the electric utility provider.

5

Recommendation: Approval of Conditional Zoning of 23.65-acre tract which will be zoned RC

(Multi-Family Residential) known as area 6B the location documented below with the following

conditions:

Conditional Uses permitted.


2. Two-unit dwellings.

3. Multi-unit residential.

4. Residential condominium, See section 153

5. Residential townhouse, See section 153





located on a major street as designated in the major thoroughfare plan of the Oxford

comprehensive plan and having a minimum lot size of three acres


feet of usable indoor play space per child and 65 square feet of usable outdoor play space per

child and meet any other requirements which the board of adjustment or City of Oxford may deem




4. Church and/or church facilities, but not to include dormitory or commercial facilities, see section

155, Religious Facilities in Residential Districts.



6. Zero lot line residential dwellings, single family, two-unit, or multi-unit.

7

Recommendation: Approval of Conditional Zoning of a 12.55-acre tract zoned RB (Two-Unit

Residential) known as area 5B with the location documented below with the following

conditions:

CONDITIONAL USES PERMITTED:


2. Two-unit dwellings

3. Residential townhouse (up to two attached units).

4. Residential condominium (up to two units).

5. Public Park and/or playground.

6. Accessory use or structure, as defined in Section 117.

7. Agriculture, limited to use and/or enjoyment by occupants of the premises; no

livestock or poultry.


1. Home Occupation as defined in Section 117. See Section 156, Home Occupations

2. Preschool, including nursery schools and kindergartens, which provide a

minimum of 30 square feet of usable indoor play space per child and 65 square

feet of usable outdoor play space per child and meet any other requirements

which the board of adjustment or City of Oxford may deem necessary for such schools in this district.

3. Planned unit development as defined in section 117, and according to the

requirements of section 150, Planned Unit Developments (PUDs).


5. Public facilities and/or utility facilities necessary to provide service to the

surrounding area, or to the entire municipality.

6. Residential condominiums (three or more units).

7. Residential townhouses (three or more units).

8. Zero lot line residential dwellings, either single or two-unit.

9

Recommendation: Approval of Conditional Zoning of a 2.56-acre tract zoned NB (Neighborhood

Business) known as area 3 with the location documented below with the

following conditions:


1. Restaurants, ice cream sales and similar related uses.

2. Taverns.

3. Shoe repair.

4. Liquor stores.

5. Antique sales.

6. Dry cleaner pick-up center.

7. Photo studio.

8. Grocery stores.

9. Any retail business or service establishment, but not to include industrial uses permitted in the

Industrial District.

10. Commercial condominiums, See section 154.01, Condominiums.


12. Accessory use, as defined in section 117

Public facilities and/or utility facilities necessary to provide service to the surrounding area, or to the

entire municipality.

13 Church and/or church facilities, minimum lot size of one acre.


1. Residential condominium.

2. Residential townhouse.

ORDINANCE NO. 2014-

AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OXFORD,

MISSISSIPPI, 2004, FOR CERTAIN PROPERTY LOCATED ON SOUTH LAMAR T0 BE

REZONE FROM (A) AGRICULTURAL DISTRICT TO (R1A), (RC), (RB), and (NB).

BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF

OXFORD, MISSISSIPPI:

WHEREAS, zoning must be in conformance with the City of Oxford’s Comprehensive Plan

and;

WHEREAS, the City of Oxford’s Comprehensive Plan Future Land Use was amended by the

Board of Aldermen after public hearings and recommendations by the Planning Commission for certain

areas in City of Oxford and

WHEREAS, on July 14, 2014, the Oxford Planning Commission in accordance with public

notice, held a public hearing to zone tracts of land recently annexed property known as Callicutt Farms

containing a 51.35-acre tract which will be zoned R1A (Single-Family Residential)Area 4, a 23.65-acre

tract which will be zoned RC (Multi-Family Residential)Area 6B, a 12.55-acre tract zoned RB (Two-

Unit Residential)Area 5B, and a 2.56-acre tract zoned NB (Neighborhood Business)Area 3 located on

the Callicutt Property west of South Lamar, east of Old Taylor Road, south of the proposed future

hospital road and north of Azalea Road of the following described property part of the master-planned

Callicutt Farms attached (Case # 1840):

Area 4 Description: A tract of land being a fraction of the Southeast Quarter ( SE 1/4 ) of Section 32, Township 8 South, Range 3 West, City of Oxford, Lafayette County, Mississippi; being described in more detail as follows: Beginning at a 1/2" rebar found marking the Southeast corner of Section 32, Township 8 South, Range 3 West, Lafayette county, Mississippi; run thence N 89°44'25" W along the South line of said Section for a distance of 1,403.55 feet to a 1/2" rebar set; run thence N 00°22'35" W leaving said South line for a distance of 1,774.12 feet to a Point at the beginning of a circular curve to the right; run thence along said curve having a chord bearing of S 77° 28' 35" E, a radius of 500.00 feet, an arc length of 154.07 feet, and a chord length of 153.46 feet to a Point at the beginning of a circular curve to the right; run thence along said curve having a chord bearing of S 58° 12' 51" E, a radius of 500.00 feet, an arc length of 182.12 feet, and a chord length of 181.12 feet to a Point; run thence S 47° 46' 46" E for a distance of 98.10 feet to a Point at the beginning of a circular curve to the left; run thence along said curve having a chord bearing of S 80° 43' 26" E, a radius of 500.00 feet, an arc length of 574.99 feet, and a chord length of 543.83 feet to a Point; run thence N 66° 19' 54" E for a distance of 212.39 feet to a Point at the beginning of a circular curve to the left; run thence along said curve having a chord bearing of N 46° 48' 56" E, a radius of 500.00 feet, an arc length of 340.62 feet, and a chord length of 334.08 feet to a Point; run thence N 27° 17' 57" E for a distance of 98.98 feet to a Point on the East line of said Southeast Quarter ( SE 1/4 ) of said Section 32; run thence S 00°33'34" E along said E line for a distance of 1,900.12 feet to the Point of Beginning of the herein described tract of land. Said tract contains 51.35 acres, more or less. Area 6B Description: A tract of land being a fraction of the Southeast Quarter ( SE 1/4 ) of Section 32, Township 8 South, Range 3 West, City of Oxford, Lafayette County, Mississippi; being described in more detail as follows: Commencing at a 1/2" rebar found marking the Southeast corner of Section 32, Township 8 South, Range 3 West, City of Oxford, Lafayette County, Mississippi; run thence to N 38° 28' 46" W for a distance of 2,274.37 feet to a Point, said Point being the Point of beginning of this description; run thence N 00° 22' 35" W for a distance of 557.77 feet to a 1/2" rebar set on the North line of the Southeast Quarter ( SE 1/4 ) of said Section; run thence S 89°55'17" E along said line for a distance of 1,396.05 feet to a 1/2" rebar set on the East line of the Southeast Quarter ( SE 1/4 ) of said Section; run thence S 00°33'34" E along said east line for a distance of 436.28 feet to a Point; run thence S 27° 17' 57" W leaving said Section line for a distance of 98.98 feet to a Point at the beginning of a circular curve to the right; run thence along said curve having a chord bearing of S 46° 48' 56" W, a radius of 500.00 feet, an arc length of 340.62 feet, and a chord length of 334.08 feet to a Point; run thence S 66° 19' 54" W for a distance of 212.39 feet to a Point at the beginning of a circular curve to the right; run thence along said curve having a chord bearing of N 80° 43' 26" W, a radius of 500.00 feet, an arc length of 574.99 feet, and a chord length of 543.83 feet to a Point; run thence N 47° 46' 46" W for a distance of 98.10 feet to a Point at the beginning of a circular curve to the left; run thence along said curve having a chord bearing of N 58° 12' 51" W, a radius of 500.00 feet, an arc length of 182.12 feet, and a chord length of 181.12 feet to a Point at the beginning of a circular curve to the left; run thence along said curve having a chord bearing of N 77° 28' 35" W, a radius of 500.00 feet, an arc length of 154.07 feet, and a chord length of 153.46 feet to the Point of beginning of the herein described tract of land. Said tract contains 23.65 acres, more or less.

Area 5B Description: A tract of land being a fraction of the Southeast Quarter ( SE 1/4 ) of Section 32, Township 8 South, Range 3 West, City of Oxford, Lafayette County Mississippi; being described in more detail as follows: Commencing at a 1/2" rebar found marking the Southeast corner of Section 32, Township 8 South, Range 3 West, City of Oxford, Lafayette County, Mississippi; run thence to N 38° 28' 46" W for a distance of 2,274.37 feet to a Point, said Point being the Point of beginning of this description; run thence S 00° 22' 35" E for a distance of 395.69 feet to a Point; run thence Due West for a distance of 980.00 feet to a 1/2" rebar set; run thence N 02°09'57" E for a distance of 937.23 feet to a 1/2" iron pipe found at a fence line; run thence S 87°50'03" E, along and near said fence line, for a distance of 340.00 feet to a 1/2" rebar set; run thence S 28°52'03" E, leaving said fence line, for a distance of 383.60 feet to a 1/2" rebar set; run thence S 02° 09' 57" W for a distance of 140.92 feet to a 1/2" rebar set; run thence S 89° 26' 59" E for a distance of 422.06 feet to a Point; run thence S 00° 22' 35" E for a distance of 47.23 feet to the Point of beginning of the herein described tract of land. said tract contains 15.11 acres, more or less. Less and Except (Area 3): A tract of land being a fraction of the Southeast Quarter ( SE 1/4 ) of Section 32, Township 8 South, Range 3 West, City of Oxford, Lafayette County, Mississippi; for a total area described area for 5B containing 12.55 acres. Area 3 Description: A tract of land being a fraction of the Southeast Quarter ( SE 1/4 ) of Section 32, Township 8 South, Range 3 West, City of Oxford, Lafayette County, Mississippi; being described in more detail as follows: Commencing at a 1/2" rebar found marking the Southeast corner of Section 32, Township 8 South, Range 3 West, City of Oxford, Lafayette County, Mississippi; run thence to N 48° 37' 35" W for a distance of 2,346.40 feet to a Point, said Point being the Point of beginning of this description; run thence N 88° 28' 48" W for a distance of 467.12 feet to a Point; run thence N 01° 31' 12" E for a distance of 239.00 feet to a Point; run thence S 88° 28' 48" E for a distance of 467.12 feet to a Point; run thence S 01° 31' 12" W for a distance of 239.00 feet to the Point of beginning of the herein described tract of land. Said tract contains 2.56 acres, more or less.

WHEREAS, after hearing statements of the Petitioner, and considering the Petition’s request to

rezone certain property to Conditional zoned R1-A (Single-Family Residential)Area 4, a 23.65-acre tract

which will be zoned RC (Multi-Family Residential)Area 6B, a 12.55-acre tract zoned RB (Two-Unit

Residential)Area 5B, and a 2.56-acre tract zoned NB (Neighborhood Business)Area 3, and information

presented by the city planner, including objections thereto, if any, the Oxford Planning Commission

found that there was no mistake in the original zoning and that a change in the land use character of the

neighborhood had occurred and that there was a need for additional zoned property in the area to

accommodate neighbor commercial, and all types of residential zoning in close proximity to the new

Baptist Hospital and determined to recommend to the Mayor and Board of Aldermen that the

Petitioner’s request to rezone certain property to conditional rezoning be approved for the following

uses:

Conditional Zoning of a 51.35-acre tract which will be zoned R1-A (Single-Family Residential)

known as area 4 in the location documented below with the following conditions:

USES PERMITTED:







comprehensive plan and having a minimum lot size of three acres.




child and meet any other requirements which the board of adjustment or City of Oxford may

deem necessary for such schools in this district.








a. The accessory structure is located in the rear yard and meets the side and rear yard


b. The lot is of sufficient size to accommodate additional dwellings for the district in which

the building is located and adequate parking provided in accordance with provisions of this

article;

c. Restrictive covenants be filed with the chancery clerk and then a filed stamped version

with the planning office prior to the issuance of any permits prohibiting the leasing or renting of

the residential accessory structure;

d. The accessory structure shall not have a separate electric meter, except when required by


Conditional Zoning of 23.65-acre tract which will be zoned RC (Multi-Family Residential) known

as area 6B the location documented below with the following conditions:










1. Hospitals, institutions for children or the aged, not including penal or correctional types, when located on

a major street as designated in the major thoroughfare plan of the Oxford comprehensive plan and

having a minimum lot size of three acres

2. Preschool, including nursery schools and kindergartens, which provide a minimum of 30 square feet of

usable indoor play space per child and 65 square feet of usable outdoor play space per child and meet

any other requirements which the board of adjustment or City of Oxford may deem necessary for such

schools in this district.

3. Planned unit development as defined in section 117, and according to the requirements of section 150,

Planned Unit Developments (PUDs).

4. Church and/or church facilities, but not to include dormitory or commercial facilities, see section 155,

Religious Facilities in Residential Districts.

5. Public facilities and/or utility facilities necessary to provide service to the surrounding area, or to the entire

municipality.


Conditional Zoning of a 12.55-acre tract zoned RB (Two-Unit Residential) known as area 5B

with the location documented below with the following conditions:








7. Agriculture, limited to use and/or enjoyment by occupants of the premises; no livestock or

poultry.















Conditional Zoning of a 2.56-acre tract zoned NB (Neighborhood Business) known as area 3 with

the location documented below with the following conditions:



2. Taverns.

3. Shoe repair.

4. Liquor stores.

5. Antique sales.


7. Photo studio.

8. Grocery stores.




11.Public park and/or playground.


13. Public facilities and/or utility facilities necessary to provide service to the surrounding area, or

to the entire municipality.

14.Church and/or church facilities, minimum lot size of one acre.




WHEREAS, on July 14, 2014, the recommendation of the Oxford Planning Commission to

approve the rezoning with conditions of the above described property from A Conditional zone R1A,

RC, RB and NB, with supporting documents that demonstrated that there was no mistake in the original

zoning and that a change in the land use character of the neighborhood had occurred and that there was a

need for additional PB zoned propep

WHEREAS, a public hearing and first reading of the proposed rezoning was held at the regular

July 15, 2014 meeting of the Mayor and Board of Aldermen; and

WHEREAS, a public hearing and second reading of the proposed rezoning was held at the

regular August 5, 2014 meeting of the Mayor and Board of Aldermen; and

WHEREAS, the third reading of the proposed rezoning with conditions was held at the regular

August 19, 2014 meeting of the Mayor and Board of Aldermen and the Mayor and Board of Aldermen

found that while there was no mistake in the original zoning, there had been a change in the land use

character of the neighborhood and that there was a need for additional PB zoned property in the area;

and

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, 2004, be, and it is

hereby amended by changing the zoning classification of the above described property from A to

conditional (R1-A), (RC), (RB), and (NB). Limiting the permitted uses to the following:

Conditional Zoning of a 51.35-acre tract which will be zoned R1-A (Single-Family Residential)

known as area 4 in the location documented below with the following conditions:

USES PERMITTED:






located on a major street as designated in the major thoroughfare plan of the Oxford comprehensive

plan and having a minimum lot size of three acres.



feet of usable indoor play space per child and 65 square feet of usable outdoor play space per child

and meet any other requirements which the board of adjustment or City of Oxford may deem









e. The accessory structure is located in the rear yard and meets the side and rear yard


f. The lot is of sufficient size to accommodate additional dwellings for the district in which

the building is located and adequate parking provided in accordance with provisions of this

article;

g. Restrictive covenants be filed with the chancery clerk and then a filed stamped version

with the planning office prior to the issuance of any permits prohibiting the leasing or renting of

the residential accessory structure;

h. The accessory structure shall not have a separate electric meter, except when required by


Conditional Zoning of 23.65-acre tract which will be zoned RC (Multi-Family Residential) known

as area 6B the location documented below with the following conditions:












comprehensive plan and having a minimum lot size of three acres







4. Church and/or church facilities, but not to include dormitory or commercial facilities, see section

155, Religious Facilities in Residential Districts.




Conditional Zoning of a 12.55-acre tract zoned RB (Two-Unit Residential) known as area 5B

with the location documented below with the following conditions:








7. Agriculture, limited to use and/or enjoyment by occupants of the premises; no livestock or

poultry.















Conditional Zoning of a 2.56-acre tract zoned NB (Neighborhood Business) known as area 3 with

the location documented below with the following conditions:



2. Taverns.

3. Shoe repair.

4. Liquor stores.

5. Antique sales.


7. Photo studio.

8. Grocery stores.






13. Public facilities and/or utility facilities necessary to provide service to the surrounding area, or

to the entire municipality.

14. Church and/or church facilities, minimum lot size of one acre.




Section 2. That the above change shall be made upon the official zoning map promptly, and

the following entry shall be placed thereon, “By Official Action of the Board of Aldermen, This Map

Was Amended as Authorized by Ordinance as Listed Below: Ordinance and Case Number and ”C” to

indicate conditions, Date; From; To: City Clerk’s Signature; and 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 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 Hughes voted

Alderman Tannehill voted

Alderman Antonow voted

Alderman Howell voted

Alderman Taylor voted

Alderman Bailey voted

Alderman Morgan voted

APPROVED, this day the ____________________ of _____________________, 2014

_______________________________

GEORGE G. PATTERSON, MAYOR

_______________________________

LISA D. CARWYLE, CITY CLERK

callicutt farms zoning #1840 - oxford, mississippi€¦ · south, range 3 west, city of oxford,...

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