Memorandum

To: Mayor and Board of Aldermen

From: Judy Daniel, AICP, Director of Planning

Date: May 17, 2016

Re: Request for Preliminary and Final Plat Approval for the MSL Oxford Subdivision Zoning: 02/2009 – Case #1513 – Rezoning from (I) Industrial to (RC) Multi-Unit Residential 02/2009 – Case #1513 – Rezoning from (I) Industrial to (NB) Neighborhood Business 11/2014 – Case #1886 – Rezoning from (I) Industrial to (GB) General Business Surrounding Uses and Zoning: South: (R1A) Single Family Residential located in Grand Oaks North: Grand Oaks PUD developed with large lot homes East: (R1A) Single Family Residential, Grand Oaks, PUD II West: (I) Industrial Zoned Property Please consider this request for Preliminary and Final Plat Approval for the MSL Oxford Subdivision for property located north and south of Industrial Road and east and west of OUS Drive. The subject property measures approximately 22.8 acres and contains four lots, each with different zoning. It comprises the residual portions of a 24.5 acre parcel located on either side of Industrial Park Drive/Clubhouse Drive. The lots include:

Lot 1, zoned General Business, approximately 3.9 acres at the southwest corner of OUS Drive and Industrial Park Drive.

Lot 2, zoned Industrial, approximately 2.1 acres on the south side of Industrial Park Drive.

Lot 3, zoned Neighborhood Business, approximately 11.9 acres at the southeast corner of OUS Drive and Clubhouse Drive.

Lot 4, zoned Multi-Unit Residential, approximately 4.9 acres along the north side of Clubhouse Drive.

The properties involved in this request have a complex history:

The properties requested for subdivision at this time previously contained a parcel of approximately 20 acres to the north (with frontage of Majestic Oaks Drive) sold to a David Kincaid; and a 1.93 acre parcel south of the proposed Lot 1 (fronting on OUS Drive) sold to JC Graphics. Both were sold off in the past two years, leaving the residual properties in this subdivision request. In 2008 a preliminary plat was submitted for the portion of this parcel west of OUS Drive (Case #1485). It was recommended for approval by the Planning Commission, but was never submitted to the Board of Aldermen. That plat included the portion later parceled off to JC Graphics. Also in 2008 (Case #1488) another preliminary plat was submitted for the portions of the parcel east of OUS Drive and north of what is now Clubhouse Drive (it was Industrial Park Drive at the time). That proposal was postponed due to discussions with representatives of Grand Oaks about the property that fronted on Majestic Oaks Drive.

Last fall a new Preliminary and Final Plat were submitted for consideration. The Planning Commission reviewed these requests at their October 2015 meeting and recommended approval with the following conditions: 1. Submittal of required bonds prior to Board of Aldermen hearing for the final plat. 2. Site Plan will be required prior to any development on the lots. 3. Provide a copy of covenants and the recordation reference to the Planning Department. As of May 13, 2016 the bonds have been submitted and the draft covenants have been reviewed by the Planning Department, but a copy with recordation reference has not been received. The attorney representing the applicant has indicated that it will be submitted before the meeting of the Board of Aldermen. Recommendation: Approve the request for Preliminary and Final Plat for the MSL Oxford Subdivision with the following condition: Provide a copy of the covenants with the recordation reference. If you need additional information or have further questions, please feel free to contact the Planning Department.

Case # 2004

Applicant: MSL Oxford, LLC

Owner: MSL Oxford, LLC

Request: Preliminary and Final Plat Approval Location: North and South of Industrial Road, East and West of OUS Drive

Zoning: 02/2009 – Case #1513 – Rezoning from (I) Industrial to (RC) Multi-Unit Residential 02/2009 – Case #1513 – Rezoning from (I) Industrial to (NB) Neighborhood Business

11/2014 – Case #1886 – Rezoning form (I) Industrial to (GB) General Business

Surrounding Uses and Zoning:

South: (R1A) Single Family Residential located in Grand Oaks North: Grand Oaks PUD developed with large lot homes

East: (R1A) Single Family Residential, Grand Oaks, PUD II developing with The Grove subdivision

West: (I) Industrial Zoned Property Planners Comments: The subject property is a 22.8 acre property proposed for a four-lot subdivision. It should be noted in 2008 a similar preliminary plat was heard by the Planning Commission but it never went to the Board of Aldermen for consideration. Please find attached a copy of the September 2008 Planning Commission minutes and the staff report Case 1485. This request for preliminary and final plat being considered is different than the previous request from 2008 and would void any previous preliminary plat. The Landscape Ordinance does have a requirement for site plan approval prior to tree removal, this code reference is not applicable to a preliminary and final plat.

Prior to submitting for site plan approval for lots 1 and 2, which were cleared in 2008 further documentation will be provided.

Recommendation: Approve the request for Preliminary and Final Plat for the MSL Oxford Subdivision with the following conditions:

1. The required bonds are received prior to the Board of Aldermen hearing for the final plat.

2. Site Plan approval is required prior to any development on the lots.

3. Provide a copy of covenants and the recordation reference to the planning department.

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