ORDINANCE NO. __________
AN ORDINANCE TO AMEND THE GEOGRAPHICAL INFORMATION SYSTEM FORMAT ZONING DISTRICT MAP OF THE CITY OF BILOXI, MISSISSIPPI, OF 2010, AS AMENDED, BY A CHANGE IN ZONING DISTRICT CLASSIFICATION FOR CERTAIN DESCRIBED PROPERTY FROM RS-5 HIGH DENSITY SINGLE FAMILY RESIDENTIAL TO NB-NEIGHBORHOOD BUSINESS FOR THE PROPERTY LOCATED AT 963 DIVISION STREET
WHEREAS, on Thursday, April 5, 2012, the Biloxi Planning Commission held a public hearing in the Auditorium of the Dr. Martin Luther King, Jr., Municipal Building, 676 Dr. Martin Luther King, Jr. Boulevard, Biloxi, Mississippi, to hear Case No. 12-024-PC, Gabriel Kasovich, the applicant's request for a Zoning Map Amendment for the property located at 963 Division Street; and
WHEREAS, the Planning Commission members were apprised of the particulars of the case, being made cognizant of the fact that the applicant, Gabriel Kasovich, had submitted a request for a Zoning Map Amendment, to authorize a change in zoning district classification for a split-zoned parcel of land, from its current RS-5 High Density Single Family Residential zoning to NB-Neighborhood Business zoning- which change will provide for a single uniform zone for the portion of the property under rezoning consideration, for the express purpose of authorizing the construction of twelve (12) additional parking spaces for an existing office complex (i.e., the Mississippi Center for Justice) allowing for the expansion of said existing business; and
WHEREAS, it was offered that the zoning change was necessary to allow a portion of the split-zoned property to be utilized as an employee parking lot for an existing business at this location; and
WHEREAS, it was explained that the proposed parking lot expansion will be accomplished providing a limestone surfacing material in lieu of a concrete or asphalt paving material, as per a variance granted via Case No. 12-025-BZA—a separate request for Paving Materials Variance previously approved by the Board of Zoning Adjustments; and
WHEREAS, it was further explained that the Development Review Committee (DRC) ha reviewed the above-referenced project development and determined that the project complied with the rules and regulations of the City of Biloxi, subject to the approvals of this Zoning Map Amendment and the Parking Lot Paving Materials Variance, as noted; and
WHEREAS, on April 5, 2012, the Biloxi Planning Commission, upon careful reflection of the particulars of this case, voted to recommend approval of a Zoning Map Amendment, to authorize a change in zoning district classification for a split-zoned parcel of land, from its current RS-5 High Density Single Family Residential zoning to NB-Neighborhood Business zoning—which change in zoning will provide for a single uniform zone for the parcel under rezoning consideration, for the express purpose of authorizing the construction of twelve (12) additional parking spaces for an existing office complex (i.e., the Mississippi Center for Justice) allowing for the expansion of said existing business office, having determined that this Zoning Map Amendment would allow for the proposed expansion of an existing parking area, noting that a change in the character of the neighborhood has already occurred, and noting further that a community need exists for the use permitted by the expansion of this zoning district classification, as requested, for the property located at 963 Division Street; and
WHEREAS, the Biloxi City Council, after consideration of all facts presented, hereby adopts the report and findings of the Biloxi Planning Commission and, in so doing, determines that approval of the requested Zoning Map Amendment is appropriate for the property located 963 Division Street.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Biloxi, Mississippi, THAT AS PER THE FINDINGS OF THE PLANNING COMMISSION, AND BASED UPON SAID DETERMINATIONS, THAT THE FOLLOWING SHALL BE AUTHORIZED:
Section l. That the boundaries of the Geographical Information System Format Zoning District Map of the City of Biloxi, Mississippi, of 2010, as amended, are hereby amended by a change in zoning district classification from RS-5 High Density Single Family Residential to NB-Neighborhood Business for that property known by municipal address 963 Division Street, and described as follows:
Beginning at a point which is the intersection of the South side of West Division Street with the East side of Santini Street and from said point of beginning running thence East along the South side of West Division Street a distance of sixty (60) feet; thence south and parallel with Santini Street a distance of one hundred (100) feet; thence East and parallel with West Division Street a distance of sixty (60) feet; thence south and Parallel with Santini Street a distance of fifty (50) feet; thence West and parallel with West Division Street a distance of one hundred twenty (120) feet to a point on the East side of Santini Street; thence North a distance of one hundred fifty (150) feet along the East side of Santini Street to the point of beginning. Said property having a frontage of sixty (60) feet on the south side of West Division Street ;and a frontage of one hundred fifty (150) feet on the east side of Santini Street. Being the consolidation into one parcel of real property of that property acquired by Gabriel Conard Kasovich and Doris M. Kasovich, as joint tenants with the right of survivorship, by Warranty Deed dated February 29, 1968 which appears of record in the Record of Deeds Book 605 beginning at Page 478 with that parcel acquired by Warranty Deed from Gertrude Lenora Demoruelle dated August 5, 2009 which is recorded as Instrument Number 2009 1835D-J2 within the records of instruments maintained by the Chancery Clerk of Harrison county, Mississippi in the Second Judicial District thereof.
Section 2. This ordinance shall become effective thirty days from and after its passage and publication with law.
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RESOLUTION NO. ____________
RESOLUTION CALLING FOR A PUBLIC HEARING WITH RESPECT TO AN APPLICATION REQUEST TO AMEND THE GEOGRAPHICAL INFORMATION SYSTEM FORMAT ZONING DISTRICT MAP OF THE CITY OF BILOXI, MISSISSIPPI, OF 2010, AS AMENDED, BY A CHANGE IN ZONING DISTRICT CLASSIFICATION FOR CERTAIN DESCRIBED PROPERTY FROM RS-5 HIGH DENSITY SINGLE FAMILY RESIDENTIAL TO NB-NEIGHBORHOOD BUSINESS FOR THE PROPERTY LOCATED AT 963 DIVISION STREET
WHEREAS, on Thursday, April 5, 2012, the Biloxi Planning Commission held a public hearing in the Auditorium of the Dr. Martin Luther King, Jr., Municipal Building, 676 Dr. Martin Luther King, Jr. Boulevard, Biloxi, Mississippi, to hear Case No. 12-024-PC, Gabriel Kasovich, the applicant's request for a Zoning Map Amendment for the property located at 963 Division Street; and
WHEREAS, the Planning Commission members were apprised of the particulars of the case, being made cognizant of the fact that the applicant, Gabriel Kasovich, had submitted a request for a Zoning Map Amendment, to authorize a change in zoning district classification for a split-zoned parcel of land, from its current RS-5 High Density Single Family Residential zoning to NB-Neighborhood Business zoning- which change will provide for a single uniform zone for the portion of the property under rezoning consideration, for the express purpose of authorizing the construction of twelve (12) additional parking spaces for an existing office complex (i.e., the Mississippi Center for Justice) allowing for the expansion of said existing business; and
WHEREAS, it was offered that the zoning change was necessary to allow a portion of the split-zoned property to be utilized as an employee parking lot for an existing business at this location; and
WHEREAS, it was explained that the proposed parking lot expansion will be accomplished providing a limestone surfacing material in lieu of a concrete or asphalt paving material, as per a variance granted via Case No. 12-025-BZA—a separate request for Paving Materials Variance previously approved by the Board of Zoning Adjustments; and
WHEREAS, it was further explained that the Development Review Committee (DRC) ha reviewed the above-referenced project development and determined that the project complied with the rules and regulations of the City of Biloxi, subject to the approvals of this Zoning Map Amendment and the Parking Lot Paving Materials Variance, as noted; and
WHEREAS, on April 5, 2012, the Biloxi Planning Commission, upon careful reflection of the particulars of this case, voted to recommend approval of a Zoning Map Amendment, to authorize a change in zoning district classification for a split-zoned parcel of land, from its current RS-5 High Density Single Family Residential zoning to NB-Neighborhood Business zoning—which change in zoning will provide for a single uniform zone for the parcel under rezoning consideration, for the express purpose of authorizing the construction of twelve (12) additional parking spaces for an existing office complex (i.e., the Mississippi Center for Justice) allowing for the expansion of said existing business office, having determined that this Zoning Map Amendment would allow for the proposed expansion of an existing parking area, noting that a change in the character of the neighborhood has already occurred, and noting further that a community need exists for the use permitted by the expansion of this zoning district classification, as requested, for the property located at 963 Division Street; and
WHEREAS, the City Council of the City of Biloxi, Mississippi, has given the Planning Commission's recommendation full consideration and has determined that this is a matter of general public concern and, being so, it is in the best interest of the community to hold a public hearing on the matter before the City Council.
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF BILOXI, MISSISSIPPI, will conduct a public hearing in reference to Case No. 12-024-PC, Gabriel Kasovich, on a date to be set and in accordance with all requirements as prescribed by the City of Biloxi Zoning Ordinance governing the conduct of public hearings.
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RESOLUTION NO. ____________
RESOLUTION TO DENY THE REQUEST FOR A CHANGE TO THE GEOGRAPHICAL INFORMATION SYSTEM FORMAT ZONING DISTRICT MAP OF THE CITY OF BILOXI, MISSISSIPPI, OF 2010, AS AMENDED, BY A CHANGE IN ZONING DISTRICT CLASSIFICATION FOR CERTAIN DESCRIBED PROPERTY FROM RS-5 HIGH DENSITY SINGLE FAMILY RESIDENTIAL TO NB-NEIGHBORHOOD BUSINESS FOR THE PROPERTY LOCATED AT 963 DIVISION STREET
WHEREAS, on Thursday, April 5, 2012, the Biloxi Planning Commission held a public hearing in the Auditorium of the Dr. Martin Luther King, Jr., Municipal Building, 676 Dr. Martin Luther King, Jr. Boulevard, Biloxi, Mississippi, to hear Case No. 12-024-PC, Gabriel Kasovich, the applicant's request for a Zoning Map Amendment for the property located at 963 Division Street; and
WHEREAS, the Planning Commission members were apprised of the particulars of the case, being made cognizant of the fact that the applicant, Gabriel Kasovich, had submitted a request for a Zoning Map Amendment, to authorize a change in zoning district classification for a split-zoned parcel of land, from its current RS-5 High Density Single Family Residential zoning to NB-Neighborhood Business zoning- which change will provide for a single uniform zone for the portion of the property under rezoning consideration, for the express purpose of authorizing the construction of twelve (12) additional parking spaces for an existing office complex (i.e., the Mississippi Center for Justice) allowing for the expansion of said existing business; and
WHEREAS, it was offered that the zoning change was necessary to allow a portion of the split-zoned property to be utilized as an employee parking lot for an existing business at this location; and
WHEREAS, it was explained that the proposed parking lot expansion will be accomplished providing a limestone surfacing material in lieu of a concrete or asphalt paving material, as per a variance granted via Case No. 12-025-BZA—a separate request for Paving Materials Variance previously approved by the Board of Zoning Adjustments; and
WHEREAS, it was further explained that the Development Review Committee (DRC) ha reviewed the above-referenced project development and determined that the project complied with the rules and regulations of the City of Biloxi, subject to the approvals of this Zoning Map Amendment and the Parking Lot Paving Materials Variance, as noted; and
WHEREAS, on April 5, 2012, the Biloxi Planning Commission, upon careful reflection of the particulars of this case, voted to recommend approval of a Zoning Map Amendment, to authorize a change in zoning district classification for a split-zoned parcel of land, from its current RS-5 High Density Single Family Residential zoning to NB-Neighborhood Business zoning—which change in zoning will provide for a single uniform zone for the parcel under rezoning consideration, for the express purpose of authorizing the construction of twelve (12) additional parking spaces for an existing office complex (i.e., the Mississippi Center for Justice) allowing for the expansion of said existing business office, having determined that this Zoning Map Amendment would allow for the proposed expansion of an existing parking area, noting that a change in the character of the neighborhood has already occurred, and noting further that a community need exists for the use permitted by the expansion of this zoning district classification, as requested, for the property located at 963 Division Street.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF BILOXI, MISSISSIPPI, having given the Planning Commission's recommendation full consideration, hereby rejects said recommendation and hereby denies the requested Zoning Map Amendment, for the property located at 963 Division Street, Case No. 12-024-PC, Gabriel Kasovich, based upon a determination that _______________________________________ _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________
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