PLANNING COMMISSION. 1. Call to Order. The meeting was called to order by Commissioner Harmon..

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1 PLANNING COMMISSION Be it remembered that the Oxford Planning Commission did meet in regular session on Thursday, November 15, 2012 at 5:00 p.m., in the City Hall Courtroom with the following members present: Michael Harmon, Chairman Dr. Watt Bishop John Bradley Darryail Whittington Hayden Alexander Mark Huelse Commission Members Absent: Others Present: Dr. Gloria Kellum Tim Akers, City Planner Randy Barber, Building Official Paul Watkins, City Attorney Reanna Mayoral, Assistant City Engineer Katrina Hourin, Assistant City Planner Leigh Norris, Meeting Secretary 1. Call to Order. The meeting was called to order by Commissioner Harmon.. 2. Approval of the Agenda. Commissioner Harmon asked if there were any changes to the agenda. It was noted that Case #s 1660 and 1670 were postponed a motion was made by Commissioner Bradley and seconded by Commissioner Bishop to approve the agenda. All present voting aye, The motion was approved and the agenda was accepted. 3. Approval of the October 8, 2012 Minutes. Commissioner Harmon asked if there were any necessary changes to the minutes. There being no further questions or comments from the public or the Commission, a motion was made by Commissioner Whittington and seconded by Commissioner Bishop to approve the minutes from the October 8, 2012 meeting. All present voting aye, The minutes were approved. 1

2 4. Planning and Building Officials Reports. City Building Official Randy Barber reported there were 548 permits issued for the month of October, for a valuation of $21,095, Permits issued for September, 2012 were 120 for a valuation of $34,061, He stated that $29,373, of the September 2012 valuation was for the new construction of Oxford High School in which the fees were waved. Mr. Barber also informed the Commission that permits for construction on new housing developments was issued which includes Grove Hill and the HUB. City Planner Tim Akers informed the Commission that a groundbreaking ceremony for the new Oxford University Transit Operations and Maintenance Facility would be held on Thursday, November 29, 2012 at 2:00 p.m. at 409 McElroy Drive. Mr. Akers stated that construction would begin within the month of November and projected completion date would be August Mr. Akers informed the Commission that a change in the Landscaping Ordinance has been proposed. The change would make it mandatory that all parking lots comply with the landscaping ordinance within a period of fifteen (15) months. Commissioner Bishop stated that it would all apply to City of Oxford property as well. Mr. Akers stated that pedestrian islands will be installed on Molly Barr Road by Southern General Contractors. These islands will allow for pedestrians and bicycle riders to stop while trying to cross both lanes of traffic. In addition, pedestrian activated lights will also be installed. A motion was made by Commissioner Whittington and seconded by Commissioner Bishop to accept the Planning and Building Officials Reports. All voting aye, The motion was carried. REGULAR AGENDA 5. Public hearing for Case #1660-Request to rezone acres from (A) Agricultural to (RC) Multi-Unit Residential for property located on Anderson Road (Planning Commission) The Case was postponed 6. Public hearing for Case #1669 Request for site plan approval for Cypress Park -a 27-unit rental development located at 249 Hwy 314 in a (RC) Multi-Unit Residential zoned district (Planning Commission) Planner s Comments: The subject property is vacant land located on the south side of Highway 314 just to the west of Anchorage Road and measuring approximately 3.35 acres. The topography of the subject property is relatively level at the street than decreasing 2

3 approximately fifteen feet in elevation from the front to the rear of the property. According to FEMA mapping, a small strip of land running the length of the rear property line is currently located in the Davidson Creek floodway. No structures will be constructed in this area. As per FEMA guidelines, construction is permitted in floodplain areas. In addition the City s Code of Ordinances has specific requirements for developments are these areas. The applicants are requesting site plan approval to construct 27 residential rental units. Two points of ingress and egress are proposed on Highway 314. The applicant met with the Site Plan Review Committee on October 17, 2012 and has made all necessary revisions for compliance. Recommendation: Approve Site Plan for Cypress Park a 27-unit residential rental development with the following conditions: 1. Receipt of an approved permit for driveway access from the MDOT 2. Receipt of an approved permit from the MDOT allowing the City to complete the water line installation. 3. Letter from project engineer stating proposed development should provide for proper surface drainage so that removal of surface waters will not adversely affect neighboring properties or public storm drainage systems. Floodplain: The land area adjoining a river, stream, watercourse, or lake that has been or may be covered by floodwater. Floodway: The channel of a river or other water course and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Flood Plain Administrator Randy Barber Bennett Hill came before the Commission to receive approval of the site plan for Cypress Park. Mr. Hill stated that the proposed units can be built per FEMA guidelines and also meet the additional ordinances requirements. He stated that only two (2) cypress trees would have to be removed but all others will remain the same. Commissioner Whittington inquired about how far back the creek will be from the proposed units. According to Mr. Hill there will be a two hundred foot (200 ) to a three hundred foot (300 ) distance from the proposed units to the bank of the creek that runs along the property. Commissioner Bradley stated that he was concerned about the drainage once the units were built. Mr. Hill stated that the drainage would continue south and southwest as it is currently onto the 18 acres located behind the proposed site. The current owner of the proposed site also owns the 18 acres that adjoin so drainage will not be an issue. Commissioner Harmon asked Mr. Hill about the projected start and finish dates. Mr. Hill stated that construction should start February 2013 and be completed April

4 Commissioner Bishop stated that he had received some concerns from adjoining property owners about the construction of numerous multi-family residential units in the area. Commissioner Bishop also expressed concerns about the access to the units fronting the main street instead of having parking in the rear. He stated that some of the units do provided for rear access and inquired about the possibility of all the units having rear access. Commissioner Bradley also addressed the size of each unit. He stated that his understanding was each unit would be a two (2) bedroom, two (2) bath unit at an approximate square footage of eight hundred (800) square feet to eight hundred fifty (850) square feet per unit with the exception of one (1) which would be a one (1) bedroom unit and only be five hundred fifty (550) square feet. Commissioner Bradley stated that the ordinance requires a minimum of six hundred (600) square feet and the he would only be in agreement to approve if all units comply with the square footage requirement. Mr. Hill stated that complying with the six hundred (600) minimum square footage requirements that is set forth by ordinance would not be a problem in order to stay in compliance and be approved. With no further questions or comments, a motion was made by Commissioner Bradley to approve the site plan for Cypress Park based on the Planner s recommendations with the following conditions: 1. Receipt of an approved permit for driveway access from the MDOT 2. Receipt of an approved permit from the MDOT allowing the City to complete the water line installation. 3. Letter from project engineer stating proposed development should provide for proper surface drainage so that removal of surface waters will not adversely affect neighboring properties or public storm drainage systems. 4. All units must comply with the minimum square footage requirement of six hundred square feet (600 ) as set forth by the City of Oxford s ordinance. The motion was seconded by Commissioner Whittington. Commissioners Bradley, Whittington, and Alexander, Harmon voting aye. Commissioner Bishop voting no. Commissioner Huelse abstained from voting because he was not present for the entire discussion of the case. With majority affirmative vote the motion was approved with conditions. 4

5 7. Public hearing for Case #1670 Sixteen (16 ) foot rear yard (south) setback variance request for property located at 614 Berkley Court in a (RB) Two-Unit Residential zoned district (Board of Adjustment) The Case was postponed 8. Public hearing for Case #1671 Fifteen (15 ) rear (south) yard setback variance request for property located at 157 Oxford Creek Drive in a (PUD) Planned Unit Development zoned district (Board of Adjustment) Planners Comments: The subject property is a square shaped interior residential lot located on the south side of Oxford Creek Drive in the Oxford Creek Subdivision on Molly Barr Road. A divided parkway entry is the only form of ingress and egress for this 43 lot, single street neighborhood. The topography of the subdivision is rolling with severe slopes through-out. Many of the lots are small; in turn producing even smaller home sites. Oxford Creek subdivision; approved in 2004 saw the building of two homes, after which the project stalled. Now revived, the new developers are seeking a fifteen (15 ) foot rear (south) setback variance for lot #43. This unusually shaped lot is wider than it is deep, has a 27% cross slope of from the northwest corner to the southeast corner. Existing trees remain on the west side and in the interest of retaining these trees the applicants are seeking relief to build 15- feet into the rear 25-foot setback. A variance request may be granted when special conditions exist that are peculiar to the land or structures that do not apply to other lands or structures in the same District under the terms of this Ordinance. Recommendation: Staff recommends approval of the fifteen (15 ) foot rear (south) yard setback variance request based on the following findings: 1. Due to the unusual shape of the lot, slope, and existing trees special conditions or circumstances that exist which are peculiar to the building involved and which are not applicable to other buildings in the same district; 2. The literal interpretation of the provision of this Ordinance deprives the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; 3. Granting the variance request would not confer on the applicants special privileges that are denied by this ordinance to buildings in the same district. Ryland Sneed was present to appear before the Commission on behalf of the Oxford Creek developers. He is asking for a fifteen (15 ) foot rear south setback variance in order to prevent the removal of trees in order to build a single family residential dwelling on the lot. Mr. Sneed stated that if the variance on the setback was granted then a house more suited for the lot could be build and the trees and landscape would be less disturbed. Mr. Sneed stated that there were currently several houses under construction as well as ones that are planned for construction. He stated that the land behind the lot in question is open land. Commissioner Bradley suggested an additional solution to allow for the required set backs. He suggested removing lot #43 and combine ½ of the acreage to lot #33 and ½ of the acreage 5

6 to lot #42. This would allow for larger lot size and it would save more trees in turn providing the required space to meet the set back requirement. Commissioner Bradley also stated that enlarging lots #33 and #42 would justify a higher asking price for the home and offset the financial concerns of losing a lot. Mr. Sneed stated that the investors in Oxford Creek do not want to loose profit from a lot that could provide housing for members of the Oxford Community. They want the current layout of the properties to stay as planned in order to save as many trees and landscaping as possible as well as providing high quality single family residential housing. With no further questions or comments, a motion was made by Commissioner Huelse to approve the variance request for a fifteen (15 ) foot rear south setback. The motion was seconded by Commissioner Bishop. Commissioners Bishop, Whittington, and Alexander, Harmon, and Huelse voting aye. Commissioner Bradley voting no. With majority affirmative vote the motion was approved. 9. Public hearing for Case # Variance to signage requirements for Circle K/Exxon located at 100 N. Thacker Loop in a (GB) General Business zoned district (Board of Adjustment) Planners Comments: The subject property is located on the corner of N. Thacker Loop and Highway 6 West and measures a total of 1.27 acres. Because the site plan was under 10,000 sq. ft. it was approved by the Site Plan Review Committee 6/16/12 with construction beginning sometime in September. The applicant has submitted a signage plan that exceeds the Land Development Codes allowable limit and is seeking a variance for additional signage. Section (1&2) of the Oxford Land Development Code allows businesses to erect one (1) freestanding sign and two (2) wall signs. In addition, Section (d) states that the wall signage area cannot exceed (200) two hundred square feet. Likewise the freestanding sign is limited to an of forty (40) square feet area. Meeting their allowable limit in the submitted plan, the applicant is requesting a variance to allow for additional signage on two sides of the gas pump canopy. The signs would be located on the east corner of the canopy fronting Highway 6 and the south corner that runs parallel to N. Thacker Loop. A variance request may be granted when special conditions exist that are peculiar to structures or land that do not apply to other structures or lands in the same district under the terms of this ordinance. Recommendation: Staff recommends denial of the variance request for two (2) additional wall-mounted canopy signs on the following findings: 6

7 1. There are no special conditions or circumstances that exist which are peculiar to the building involved and which are not applicable to other buildings in the same district; 2. The literal interpretation of the provision of this Ordinance does not deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; 3. Granting the variance request would confer on the applicant special privilege that is denied by this ordinance to other buildings in the same district. Clayton Hooks was present before the Commission on behalf of Craddock Oil. He is asking the Commission for a variance regarding the number of signs permitted on a commercial building. Mr. Hooks stated that Exxon requires two (2) canopy signs over their gas pumps at all of their stations. He stated that the City of Oxford s ordinance only allows for two (2) signs total to be placed upon the building of a business and Craddock Oil is asking for a total of four (4) signs. Two (2) would be placed on the actual store which would include the Circle K sign and the Sweet Daddy s BBQ sign along with two (2) Exxon signs on the canopies located over the gas pumps. The proposed signs meet the size requirements and all other regulations allowed by ordinance. Commissioner Bradley asked Mr. Hooks if combining the two (2) signs which displayed the advertisement for both Circle K and Sweet Daddy s BBQ sign would be acceptable and then just placing one (1) Exxon sign on the part of the canopy that fronts Highway 6 in order to be visible to passing traffic. In addition, Commissioner Bradley stated that if the two (2) canopy signs were eliminated then the two (2) signs on the building could remain. Mr. Hooks stated that Exxon s standard is to have two (2) signs located on the canopies. Commissioner Bradley said that he as a representative of the Commission would be glad to talk with the Exxon representative regarding this matter if they needed further explanation. With no further questions or comments, a motion was made by Commissioner Bradley to deny the variance request that would allow Craddock Oil to install four (4) signs, on the building located at 101 North Thacker Loop, which would be an additional two (2) signs than what is allowed by the City of Oxford ordinance. The motion was seconded by Commissioner Whittington. Commissioners Bishop, Whittington, and Alexander, Harmon, Huelse, and Bradley voting aye. With unanimous affirmative vote of the Commissioner the motion was denied. 7

8 10. Public Hearing for Case #1673 Special exception to permit a daycare business located at 1802 W. Jackson Avenue in a (RC) Multi-Unit Residential zoned district (Board of Adjustment) Property Description and Location: The subject property is located just outside the front gates of the Oxford Square Condominiums and measures approximately.53 acres. Currently existing on the property is a 3,600 square foot vacant building. The structure once operated as a daycare. The applicant is requesting to return the same type use to this structure. Section (3) of Oxford s Land Development Code allows this use by Special Exception, provided it does not adversely affect the public interest. Recommendation: Staff recommends approval of the special exception to operate a daycare in a (RC) Multi-Unit Residential zoned district with the following finding and condition: 1. The proposed use will not adversely affect the public interest 2. If a building permit is not issued within eighteen (18) months from approval, the special exception will expire Tom Suszek was present before the Commissioner to ask for a special exception to allow a daycare facility to be located in a Multi-Unit Residential zoned district. He stated that the property was formerly used as a daycare facility and had been grandfather under the zoning ordinance. However, since that time, the facility had closed and the zoning of the property changed to Multi-Unit Residential. Mr. Suszek stated that the property had a new parking lot and that the area is completely fenced which would allow for safety and a walkway is provided from the west to the entrance of the building. Mr. Suszek feels like there is a great need for daycare services and facilities in Oxford and Lafayette County and that this would be an asset to the community and surrounding areas. Commissioner Whittington asked Mr. Suszek if there could be an addition of landscaping around the building to make the appearance more attractive. Mr. Suszek stated that there were plans to do building renovations which would include adding canopies along the walkway and landscaping around the building. With no further questions or comments, a motion was made by Commissioner Bradley to approve the special exception to allow a daycare facility to operate with a Multi-Unit Residential Zone with the condition set forth. The motion was seconded by Commissioner Huelse. Commissioners Bishop, Whittington, and Alexander, Harmon, and Huelse, Bradley voting aye. With unanimous affirmative vote the motion was approved with one condition. 8

9 11. Public hearing for Case #1674 Variance from impervious parking space requirements for property located at 322 Hwy 7 South in Lafayette County (Board of Adjustment) Planner s Comments: The subject property is a portion of a larger 94.5 primarily vacant tract of land located outside the city limits on the HWY 7 South approximately 500 feet south of South Lamar Boulevard. There are presently 18 one bedroom and one two bedroom Mississippi Cottages (Katrina Cottages) on the site and applicant wishes to add an additional 5 one bedroom and 3 two bedroom Cottages. The Land Development Code requires that all parking areas and driveways be constructed of impervious materials and applicant is requesting that other than the entrance drive, the parking area remain pervious material. Variances from the terms of the Land Development Code may be granted after the applicant demonstrates: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; b. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; c. That the special conditions and circumstances do not result from the actions of the applicant; and d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. Further the Board of Adjustment shall make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure and that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The applicant s site plan was approved with two conditions by the Site Plan Review Committee on October 18, The two conditions are the subject of the variance requests presently before the Board of Adjustment. Recommendation: If the applicant demonstrates the four criteria above to the Board of Adjustment and due to the possible temporary nature of the proposed use, staff would recommend approval of the variance to permit, other than the entrance drive, the parking area to remain pervious. The case before the Commission is to allow the continuation of pervious material for parking areas in the Mississippi Cottages (Katrina Cottages) development. Currently, the entrance to 9

10 the development has an asphalt surface which will be extended another one hundred feet (100 ) to one hundred fifty feet (150 ) to allow for garbage truck service and access for fire trucks if needed. Continuing the use of pervious material will allow for natural water flow as well as continuing the natural setting of the current landscape. One mentioned disadvantage of allowing the use of pervious material is the possibility of it being thrown into main highways upon leaving the development. Also, the development is out of view from Highway 7 because of the vegetation that surrounds the area. Commissioner Bradley stated that Mr. and Mrs. Jones own the property to the west of the Mississippi Cottages development and there is a housing development to the northwest but the vegetation between the two is very heavy and provides a buffer. With no further questions or comments, a motion was made by Commissioner Bradley to approve the variance to allow the use of pervious materials within the parking area only for the Mississippi Cottages (Katrina Cottages) development. The motion was seconded by Commissioner Whittington. Commissioners Bishop, Whittington, and Alexander, Harmon, and Huelse, Bradley voting aye. With unanimous affirmative vote the motion was approved. 12. Public hearing for Case #1675 Variance from dwelling unit size requirement for property located at 322 Hwy 7 South in Lafayette County (Board of Adjustment) Planner s Comments: The subject property is a portion of a larger 94.5 primarily vacant tract of land located outside the city limits on the HWY 7 South approximately 500 feet south of South Lamar Boulevard. There are presently 18 one bedroom and one two bedroom Mississippi Cottages (Katrina Cottages) on the site and applicant wishes to add an additional 5 one bedroom and 3 two bedroom Cottages. The Land Development Code requires that no dwelling unit shall have a gross floor area less than 600 square feet and applicant is requesting permission to place dwelling units on the site with a gross floor area of 480 square. Variances from the terms of the Land Development Code may be granted after the applicant demonstrates: a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district; b. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; 10

11 c. That the special conditions and circumstances do not result from the actions of the applicant; and d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. Further the Board of Adjustment shall make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure and that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. The applicant s site plan was approved with two conditions by the Site Plan Review Committee on October 18, The two conditions are the subject of the variance requests presently before the Board of Adjustment. Recommendation: If the applicant demonstrates the four criteria above to the Board of Adjustment, staff would recommend approval of the variance to permit dwelling units with a gross floor area of 480 square feet based on the unique character of the Katrina Cottage and the relatively isolated location the applicant proposes to place the structures. The case before the Commission is to allow for the placement of additional cottages that only have a total square footage of four hundred eight feet (480 ). Under the current ordinance, the minimum square footage of a dwelling cannot be less than six hundred square feet (600 ). The applicants prefer not to make additions to the cottages in order to keep with the current style of the other units and have a cohesive look to the entire development. Commissioner Bishop stated that this development s purpose is to try and provide more affordable housing for single adults. Currently, these dwellings only allow one occupant per unit which includes the two bedroom units as well which are only eight hundred square feet (800 ). Commissioner Bradley stated to the Commission that this type of variance would have to be granted by the City of Oxford Board of Mayor and Aldermen because it would be an exception to the ordinance. He feels like a square footage variance could not be approved by the Commission. Commissioner Bradley made a motion to deny the square footage variance request. The motion died for a lack of a second. With no further questions or comments, a motion was made by Commissioner Bishop to approve the variance that would allow the placement of dwellings that only have four hundred eighty square feet (480 ) at 322 Hwy 7 South in Lafayette County, also known as Mississippi Cottages (Katrina Cottages). The motion was seconded by Commissioner Alexander. 11

12 Commissioners Bishop, Whittington, and Alexander, Harmon, and Huelse, voting aye. Commissioner Bradley voting no. With majority affirmative vote the motion was approved. 13. Public hearing for Case #1676 Site plan amendment for South Lamar Creek Cottages a residential rental development located at 322 Hwy 7 South in Lafayette County (Planning Commission) Planner s Comments: The subject property is a portion of a larger 94.5 primarily vacant tract of land located outside the city limits on the HWY 7 South approximately 500 feet south of South Lamar Boulevard. There are presently 18 one bedroom and one two bedroom Mississippi Cottages (Katrina Cottages) on the site and applicant wishes to add an additional 5 one bedroom and 3 two bedroom Cottages. The applicant s site plan was approved with two conditions by the Site Plan Review Committee on October 18, The two conditions are the subject of the variance requests presently before the Board of Adjustment. Recommendation: Staff recommends approval of the site plan with the condition that the two variance requests (Case 1674 and Case 1675) were approved. If the variances were not granted, staff recommends approval of the site plan with the condition that all driveways and parking areas shall be constructed of impervious material and that all dwelling units shall have a minimum gross floor area of 600 square feet. Due to the fast that the Commission granted the variances for Case # 1674 and Case # 1675, the case to amend the site plan for South Lamar Creek Cottages a residential rental development located at 322 Hwy 7 South in Lafayette County is before the Commission for approval. The Commission wants to see the development stay closely knit and hopes that it continues to follow the proposed layout. With no further questions or comments, a motion was made by Commissioner Bradley to approve the site plan amendment for South Lamar Creek Cottages at 322 Hwy 7 South in Lafayette County, also known as Mississippi Cottages (Katrina Cottages). The motion was seconded by Commissioner Bishop. Commissioners Bishop, Whittington, and Alexander, Harmon, and Huelse, Bradley voting aye. With unanimous affirmative vote the motion was approved. The meeting was adjourned by Commissioner Harmon. 12