Case Request: Rezone from (A) Agricultural District and (RA) Single Family Residential District to (RB) Two Unit Residential District

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1 Case 1775 Applicant: York Breckenridge GP, LLC 1301 South Capital of Texas Highway Suite B-201 Austin Texas Request: Rezone from (A) Agricultural District and (RA) Single Family Residential District to (RB) Two Unit Residential District Location: Anderson Road Surrounding Uses and Zoning: South: Vacant acreage in an agricultural district North: Single family dwellings in a RE single family district East: Vacant acreage in an agricultural district, park in a public /open land district, and single family dwellings in a two unit residential district West: Vacant acreage in an agricultural district and a single family district Zoning History The A zoning of the subject property was established in 2004 and the RA zoning was established in 2007 when the property was annexed. Planner s Comments: The applicant is requesting rezoning of an acre tract The If the property was rezoned to RB, 235 units could be constructed on the subject property. Current zoning would allow 137 units. 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 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

2 Change in Character of Neighborhood: The subject property is part of a larger tract which is zoned Single Family Residential (RA) and Agricultural (A). The land to the east of the subject property is zoned Two-Unit Residential (RB), the land to the south of the subject property is zoned Multi-Unit Residential (RC), and the land to the west of the larger tract is also zoned RC. The majority of the properties along Anderson Road between Jackson Avenue and West Oxford Loop are two-unit or multiunit properties, and most have been built within the last twenty years. The character of the neighborhood has shifted away from agricultural use and single-family residential use towards two-unit and multi-unit residential use as evidenced by the heavy development of two-unit and multi-unit projects, as well as the fact that the subject property and the larger RA and A tract constitute the majority of the vacant property in the area. In addition, the property to the west on the corner of Anderson Road and Anchorage Road was rezoned to RC in 2010 to accommodate the changing character of the neighborhood from agricultural and single-family residential to two-unit and multi-unit residential. Change in Need: The Oxford campus of the University of Mississippi has experienced record enrollment growth over the past five years, increasing at an average rate of 6.1% per year over that span. The number of new two-unit and multi-unit developments has roughly tracked enrollment growth, but there will be a deficit in the number of available new beds by the fall semester of 2015 if the recent enrollment growth rate continues, and maybe sooner if some of the currently planned developments are not completed by that time. Also, the general population of Oxford increased by 6.2% between April 1, 2010 and July 1, 2012, adding more demand and competition for beds in the rental market. There is a need for more multiple-unit housing in order to keep up with the increases in enrollment and the growing population of Oxford.

3 Change in the Land Use Character: In 2010 the city rezoned approximately 65 acres of vacant land in the vicinity of Oxford Loop and Anderson Road to RC. The city at that time recognized a changed the area s land use character due to current transportation improvements and proposed transportation improvements. However, the improvements on which the change was based were in the vicinity of Oxford Loop and Anderson Road not along the portion of Anderson Road where the subject property is located. Recent development along the Anderson Road corridor is consistent with the area s adopted land use plan as reflected in the current zoning and therefore does not indicate a change in the area s character. Public Need: In 2010 the city also recognized a need for additional RC property (RB development requested by the applicant is permitted within an RC zone) in the area and subsequently two RC projects with approximately 1200 bedrooms were constructed in the vicinity of the subject property. However, to date over 60 acres of vacant or underdeveloped RC property remains in the vicinity of Anderson and Anchorage Roads. Since September 2011, twenty one (21) multi-family and medium density projects representing over 5100 beds have either been approved, constructed or are being reviewed by the City. Estimated university enrollment between fall 2011 and the winter of 2013 has increased by approximately 1,840 students. Staff therefore questions the need at this time for more RB zoned property. Recommendation: Denial of the request based on the finding that the applicant has not proven by clear and convincing evidence that there was either a mistake in the original zoning or that the character of the neighborhood has changed to such an extent as to justify reclassification, and there was a public need for the rezoning.

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8 OXFORD STUDENT OXFORD,M ISSISSIPPI ILLUSTRATIVE SITE PLAN A N D ER SO N ROAD

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