CITY OF BILOXI

ORDINANCE NO. __________

AN ORDINANCE TO AMEND THE GEOGRAPHICAL INFORMATION SYSTEM FORMAT ZONING DISTRICT MAP OF THE CITY OF BILOXI, MISSISSIPPI, OF 2003, AS AMENDED, BY A CHANGE IN ZONING DISTRICT CLASSIFICATION FOR CERTAIN DESCRIBED PROPERTY FROM RS-7.5 SINGLE FAMILY RESIDENTIAL -MEDIUM DENSITY TO RS-5 SINGLE FAMILY RESIDENTIAL-HIGH DENSITY ZONING FOR PROPERTIES IDENTIFIED AS BEING NORTH AND EAST OF BRASHER ROAD AND WEST OF WATER’S VIEW DRIVE—IDENTIFIED AS PROPOSED PHASES 2 AND 3 OF MALPASS LANDING SUBDIVISION

WHEREAS, on Thursday, August 5, 2010, 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. 10-056, Champagne and Fearn Builders, Inc., a request for a Zoning Map Amendment for the property located North and East of Brasher Road and West of Water’s View Drive—identified as proposed Phases 2 and 3 of Malpass Landing Subdivision; and

WHEREAS, the Planning Commission members were apprised of the particulars of the case, being made cognizant of the fact that the applicant, Champagne and Fearn Builders, Inc., had requested a Zoning Map Amendment (re: Case No. 10-056) in addition to applications submitted to accomplish amendments to the Master Property Development Plan and Preliminary Subdivision Plat (re: Case Nos. 10-057.1 and 10-057.2) for a single-family residential subdivision known as Malpass Landing Subdivision; and

WHEREAS, it was noted that the requested Zoning Map Amendment is to authorize a change in zoning for two (2) portions of land involving thirteen and twenty-seven one-hundredths (13.27) acres of property, from RS-7.5 Single-Family Residential – Medium Density to RS-5 Single-Family Residential – High Density, as follows:

1) Phase II of Malpass Landing Subdivision – a seven and six-tenths (7.6) acre portion of the twenty-two and eight one-hundredths (22.08) acre tract of land, situated within the northeast corner of said subdivision; and

2) Phase III of Malpass Landing Subdivision – a five and sixty-seven one-hundredths (5.67) acre portion of the twenty-two and eight one-hundredths (22.08) acre tract of land, situated within the southwest corner of said subdivision; and

WHEREAS, it was also noted that properties located to the north are zoned A-Agricultural and RM-20 Multiple Family Residential; areas to the south are zoned RS-10 Single Family Residential-Low Density; to the east are zoned RS-7.5 Single Family Residential-Medium Density; and to the west are currently zoned RMH Residential Manufactured/Mobile Home Park ; and

WHEREAS, it was explained that the Zoning Map changes have been requested in response to a perceived change in the character of the neighborhood, coupled with a properly defined community need for the rezoning proposed, noting that there is a critical need for affordable single family housing, which RS-5 Single Family Residential zoning would help provide; and

WHEREAS, it was established that the Development Review Committee (DRC) had reviewed the request for Zoning Map Amendment and offered no objection to the proposal, allowing the applicant to proceed to the Planning Commission and City Council for consideration of the proposal herein under consideration; and

WHEREAS, on Thursday, August 5, 2010, the Biloxi Planning Commission, upon careful reflection of the particulars of this case, voted to recommend Approval of the request for a Zoning Map Amendment, to authorize a change in zoning for two (2) portions of a twenty-two and eight one-hundredths (22.08) acre tract of land, from RS-7.5 Single-Family Residential – Medium Density to RS-5 Single-Family Residential – High Density, said portions of property under consideration for rezoning totaling thirteen and twenty-seven one-hundredths (13.27) acres in overall size, and identified as follows:

having determined that a change in the character of the neighborhood was of notice within this section of the City, coupled with an established community need for additional RS-5 Single Family Residential-High Density zoning, as proposed, for the property advertised and found to be located North and East of Brasher Road and West of Water’s View Drive—identified as proposed Phases 2 and 3 of Malpass Landing Subdivision; 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 Zoning Map Amendment is appropriate for the property located North and East of Brasher Road and West of Water’s View Drive—identified as proposed Phases 2 and 3 of Malpass Landing Subdivision, in Case No. 10-056, Champagne and Fearn Builders, Inc.

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 2003, as amended, are hereby further amended by a change in zoning district classification from RS-7.5 Single Family Residential-Medium Density to RS-5 Single Family Residential-High Density zoning, for the property located North and East of Brasher Road and West of Water’s View Drive—identified as proposed Phases 2 and 3 of Malpass Landing Subdivision and described as follows:

A PARCEL OF LAND SITUATED IN THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION 14, TOWNSHIP 7 SOUTH, RANGE 10 WEST, CITY OF BILOXI, HARRISON COUNTY, MISSISSIPPI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT AN IRON ROD AT THE SOUTHEAST CORNER OF SAID SECTION 14, SAID POINT BEING ESTABLISHED BY THE BRIDGEFIELD SUBDIVISION PLAT RECORDED IN PLAT BOOK 14, PAGE 33, THENCE ALONG THE EAST LINE OF SAID SECTION 14, BEING THE WESTERN BOUNDARY OF SAID BRIDGEFIELD SUBDIVISION, NORTH 00 DEG 14 MIN 40 SECS WEST 676.0’ TO AN IRON ROD SET AT THE POINT OF BEGINNING, BEING THE NORTHEAST CORNER OF THE HILL PROPERTY DESCRIBED IN DEED BOOK 131, PAGE 51; THENCE ALONG THE NORTH LINE OF HILL PROPERTY, SOUTH 87 DEG 32 MIN 44 SEC WEST 209.93” TO AN IRON ROD SET AT THE NORTHWEST CORNER OF SAID HILL PROPERTY; THENCE ALONG THE WEST LINE OF HILL PROPERTY, SOUTH 00 DEG 02 MIN 48 SEC EAST 42.00’TO AN IRON ROD SET AT THE NORTHEAST CORNER OF THE ROBERT MALPASS PROPERTY DESCRIBED IN DEED BOOK 62, PAGE 524; THENCE ALONG THE NORTH LINE OF ROBERT MALPASS PROPERTY, SOUTH 89 DEG 55 MIN 18 SEC WEST 278.00’ TO AN IRON ROD FOUND AT THE NORTHWEST CORNER OF SAID ROBERT MALPASS PROPERTY; THENCE ALONG THE WEST LINE OF ROBERT MALPASS PROPERTY, SOUTH 00 DEG 03 MIN 52 SEC EAST 625.39’ TO AN IRON ROD FOUND AT THE SOUTHWEST CORNER OF THE ROBERT MALPASS PROPERTY DESCRIBED IN DEED BOOK 105; PAGE 524, SAID POINT LYING ON THE APPARENT NORTH MARGIN OF BRASHER ROAD; THENCE ALONG SAID NORTH MARGIN OF THE BRASHER ROAD, SOUTH 89 DEG 54 MIN 51 SEC WEST 622.00’ TO AN IRON ROD SET, SAID POINT BEING 6.57’ EAST OF THE ESTABLISHED SOUTHEAST CORNER OF THE COAST REALTY SUBDIVISION, UNIT ONE, RECORDED IN PLAT BOOK 5, PAGE 7; THENCE NORTH 00 DEG 58 MIN 22 SEC WEST 748.55’ TO AN IRON ROD FOUND AT THE SOUTHWEST CORNER OF McQUADE PROPERTY DESCIRBED IN DEED BOOK 98, PAGE 371; THENCE ALONG THE SOUTH LINE OF McQUADE PROPERTY, NORTH 89 DEG 53 MIN 10 SEC EAST 348.98’ TO AN IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID McQUADE PROPERTY; THENCE ALONG THE EAST LINE OF McQUADE PROPERTY, NORTH 00 DEG 05 MIN 10 SEC EAST 373.28’ TO AN IRON ROD FOUND AT THE NORTHEAST CORNER OF THE McQUADE PROPERTY; THENCE ALONG THE EAST LINE OF THE KATHLEEN MALPASS PROPERTY DESCRIBED IN DEED BOOK 105, PAGE 516, NORTH 00 DEG 05 MIN 10 SEC EAST 208.01’ TO AN IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID KATHLEEN MALPASS PROPERTY, SAID POINT LYING ON THE NORTH LINE OF THE SOUTHEAST ¼ OF THE SOUTHEAST ¼ OF SAID SECTION 14; THENCE ALONG SAID FORTY LINE AND THE SOUTH LINE OF THE SIDNEY MALPASS PROPERTY DESCRIBED IN DEED BOOK 75, PAGE 510, NORTH 89 DEG 39 MIN 31 SEC EAST 104.91’ TO AN IRON PIPE FOUND AT THE SOUTHEAST CORNER OF SAID SIDNEY MALPASS PROPERTY; THENCE CONTINUE ALONG SAID FORTY LINE, NORTH 89 DEG 45 MIN 24 SEC EAST 664.18’ TO AN IRON ROD SET AT THE NORTHEAST CORNER OF SAID SOUTHEAST ¼ OF THE SOUTHEAST ¼, BEING THE NORTHEWEST CORNER OF THE ABOVE MENTIONED BRIDGEFIELD SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID SECTION 14, BEING THE WESTERN BOUNDARY OF SAID BRIDGEFIELD SUBDIVISION, SOUTH 00 DEG 14 MIN 33 SEC EAST 656.19’ TO THE POINT OF BEGINNING, CONTAINING 22.255 ACRES, AND BEING SUBJECT TO THE EASEMENTS SHOWN HEREON.

Section 2. This ordinance shall become effective thirty days from and after its passage and publication with law.

........................................................................................................................................................ A

RESOLUTION NO. ____________

RESOLUTION CALLING FOR A PUBLIC HEARING WITH RESPECT TO AN APPLICATION REQUEST forA CHANGE IN ZONING DISTRICT CLASSIFICATION FOR CERTAIN DESCRIBED PROPERTY FROM RS-7.5 SINGLE FAMILY RESIDENTIAL -MEDIUM DENSITY TO RS-5 SINGLE FAMILY RESIDENTIAL-HIGH DENSITY ZONING FOR PROPERTIES IDENTIFIED AS BEING NORTH AND EAST OF BRASHER ROAD AND WEST OF WATER’S VIEW DRIVE—IDENTIFIED AS PROPOSED PHASES 2 AND 3 OF MALPASS LANDING SUBDIVISION

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. 10-056, Champagne and Fearn Builders, Inc., 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.

........................................................................................................................................................ B

RESOLUTION NO. ____________

resolution to deny the request for A CHANGE IN ZONING DISTRICT CLASSIFICATION FOR CERTAIN DESCRIBED PROPERTY FROM RS-7.5 SINGLE FAMILY RESIDENTIAL -MEDIUM DENSITY TO RS-5 SINGLE FAMILY RESIDENTIAL-HIGH DENSITY ZONING FOR PROPERTIES IDENTIFIED AS BEING NORTH AND EAST OF BRASHER ROAD AND WEST OF WATER’S VIEW DRIVE—IDENTIFIED AS PROPOSED PHASES 2 AND 3 OF MALPASS LANDING SUBDIVISION

WHEREAS, it was explained that the Zoning Map Amendment changes have been requested in response to a perceived change in the character of the neighborhood, coupled with a properly defined community need for the rezoning proposed, noting that there is a critical need for affordable single family housing, which RS-5 Single Family Residential zoning would help provide; and

WHEREAS, the Biloxi City Council has determined that the applicant has not fully developed their argument for hardship to an extent that warrants the Variance relief requested.

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 North and East of Brasher Road and West of Water’s View Drive—identified as proposed Phases 2 and 3 of Malpass Landing Subdivision, Case No. 10-056, Champagne and Fearn Builders, Inc., based upon a determination that __________ ________________________________________________________________________________________________________________________________________________________________

........................................................................................................................................................ C