CITY OF BILOXI

RESOLUTION NO. ____________

RESOLUTION TO AUTHORIZE MASTER PROPERTY DEVELOPMENT PLAN AND PRELIMINARY SUBDIVISION PLAT APPROVALS 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

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 Nos. 10-057.1 and 10-057.2, Champagne and Fearn Builders, Inc., requests for Master Property Development Plan and Preliminary Subdivision Plat for 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 had submitted a request for Zoning Map Amendment (re: Case No. 10-056) to be considered in tandem with requests for amendments to the Master Property Development Plan (re: Case No. 10-057.1) and Preliminary Subdivision Plat (re: Case No. 10-057.2) for a single-family residential subdivision known as Malpass Landing Subdivision, as follows:

Case Nos. 10-057.1 and 10-057.2 – an application to amend a previously approved Master Property Development Plan and Preliminary Subdivision Plat (re: Case No. 05-008) for Malpass Landing Subdivision, which original approval authorized the development of a sixty-four (64) lot single-family residential subdivision in a single phase, and included Subdivision Variances to allow three (3) cul-de-sacs to exceed the five hundred foot (500’) maximum cul-de sac length allowed by ordinance. This amended Master Property Development Plan and Preliminary Subdivision Plat proposal for Malpass Landing Subdivision, as submitted, would specifically allow the following changes to that previously approved preliminary subdivision plat, as follows:

1) a Master Property Development Plan (re: Case No. 10-057.1), to authorize said Malpass Landing Subdivision to be constructed in three (3) Phases, said Phases to be constructed pursuant to two (2) different zoning district classification densities, as follows:

Phases 1 and 1A – an eight and eighty-one one-hundredths acre portion of the twenty-two and eight one-hundredths (22.08) acre tract of land, containing of a total of twenty-five (25) single-family residential lots, which Phases have been platted and/or approved for final plat, respectively, in accordance with the subdivision, lot size, and structure setback requirements prescribed for the RS-7.5 Single-Family Residential – Medium Density zoning district classification;

b.)

Phase II – 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, proposed to contain thirty (30) single-family residential lots to be in accordance with subdivision, lot size, and structure setback requirements prescribed for the RS- 5 Single-Family Residential – High Density zoning district classification; and

c.)

Phase III – a five and sixty-seven (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, proposed to contain twenty-five (25) single-family residential lots to be in accordance with the subdivision, lot size, and structure setback requirements prescribed for the RS- 5 Single-Family Residential – High Density zoning district classification; and

2) a Preliminary Subdivision Plat Amendment (re: Case No. 10-057.2), to authorize said Maplass Landing Subdivision to contain a total of eighty (80) single-family residential lots, instead of the previously approved sixty-four (64) single-family residential lots, and also, to Amend the previously approved Cul-de-sac Length Subdivision Variances, as follows:

a) no changes to the cul-de-sac, situated within Phase I of said Malpass Landing Subdivision, previously authorized to be six hundred and fifty-seven and twenty-two one-hundredths feet (656.22’) in length, instead of the five hundred foot (500’) maximum cul-de sac length allowed by ordinance,

b) to remove the cul-de-sac, situated within Phase II of said Maplass Landing Subdivision, previously authorized to be eight hundred forty-three and thirty-two one-hundredths feet (843.32’) in length, and

c) to authorize the cul-de-sac, situated within Phase II of said Malpass Landing Subdivision, previously authorized to be eight hundred forty-eight and thirty-six one-hundredths feet (848.36’) in length to be increased to eight hundred and fifty-four feet (854’) in length, instead of the five hundred foot (500’) maximum cul-de sac length allowed by ordinance; and

WHEREAS, it was noted that no changes, modification, or amendments to the previously authorized Subdivision Fence Height Variance and the Subdivision Identification Signage Variance (re: Case No. 05-009) for said Malpass Landing Subdivision had been requested, and are proposed to remain as previously approved; and

WHEREAS, it was also noted that the Development Review Committee (DRC) had reviewed the requests for Zoning Map Amendment (re: Case No. 10-056), the requested Master Property Plan (re: Case No. 10-057.1), and Preliminary Subdivision Plat (re: Case No. 10-057.2), and had authorized the applicant to apply to the Planning Commission and City Council for consideration of the proposals herein under consideration; and

WHEREAS, on August 5, 2010, the Biloxi Planning Commission, upon careful reflection of the particulars of this case, voted to recommend approval of the requests to amend a previously approved Master Property Development Plan and Preliminary Subdivision Plat (re: Case No. 05-008) for Malpass Landing Subdivision, which original approval authorized the development of a sixty-four (64) lot single-family residential subdivision in a single phase, and included Subdivision Variances to allow three (3) cul-de-sacs to exceed the five hundred foot (500’) maximum cul-de sac length allowed by ordinance, this amended Master Property Development Plan and Preliminary Subdivision Plat proposal for Malpass Landing Subdivision, as submitted, would specifically allow the following changes to that previously approved preliminary subdivision plat, as follows:

a) Phases 1 and 1A – an eight and eighty-one one-hundredths acre portion of the twenty-two and eight one-hundredths (22.08) acre tract of land, containing of a total of twenty-five (25) single-family residential lots, which Phases have been platted and/or approved for final plat, respectively, in accordance with the subdivision, lot size, and structure setback requirements prescribed for the RS-7.5 Single-Family Residential – Medium Density zoning district classification;

b) Phase II – 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, proposed to contain thirty (30) single-family residential lots to be in accordance with subdivision, lot size, and structure setback requirements prescribed for the RS- 5 Single-Family Residential – High Density zoning district classification; and

c) Phase III – a five and sixty-seven (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, proposed to contain twenty-five (25) single-family residential lots to be in accordance with the subdivision, lot size, and structure setback requirements prescribed for the RS- 5 Single-Family Residential – High Density zoning district classification; and

b) to remove the cul-de-sac, situated within Phase II of said Malpass Landing Subdivision, previously authorized to be eight hundred forty-three and thirty-two one-hundredths feet (843.32’) in length, and

having determined that said subdivision, as amended, would allow for the subdivision to be built in three (3) Phases, and would provide for a total of eighty (80) residential lots instead of the sixty-four (64) originally authorized, would be in the best interests of the City of Biloxi and also be in compliance with the requirements of the Land Development Ordinance, and having determined further that the proposed variances are appropriate to meet specific needs of this subdivision, 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 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 amendments to the Master Property Development Plan and the Preliminary Subdivision Plat, with variances, are 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..

NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF BILOXI, MISSISSIPPI, hereby approves the requested amendments to the previously approved Master Property Development Plan and Preliminary Subdivision Plat (re: Case No. 05-008) for Malpass Landing Subdivision, which original approval authorized the development of a sixty-four (64) lot single-family residential subdivision in a single phase, and included Subdivision Variances to allow three (3) cul-de-sacs to exceed the five hundred foot (500’) maximum cul-de sac length allowed by ordinance, which amendments to the Master Property Development Plan and Preliminary Subdivision Plat for Malpass Landing Subdivision would specifically allow the following changes:

in Case Nos. 10-057.1 and 10-057.2, Champagne and Fearn Builders, Inc., 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, having determined that said subdivision, as amended, would allow for the subdivision to be built in three (3) Phases, and would provide for a total of eighty (80) residential lots instead of the sixty-four (64) originally authorized, would be in the best interests of the City of Biloxi and also be in compliance with the requirements of the Land Development Ordinance, having determined further that the proposed variances are appropriate to meet specific needs of subdivision, which variances are not inconsistent with similar variances approved for other subdivision properties exhibiting similar characteristics and hardships.

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

RESOLUTION NO. ____________

RESOLUTION CALLING FOR A PUBLIC HEARING WITH RESPECT TO AN APPLICATION REQUEST for MASTER PROPERTY DEVELOPMENT PLAN AND PRELIMINARY SUBDIVISION PLAT APPROVALS 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

b.) Phase II – 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, proposed to contain thirty (30) single-family residential lots to be in accordance with subdivision, lot size, and structure setback requirements prescribed for the RS- 5 Single-Family Residential – High Density zoning district classification; and

c.) Phase III – a five and sixty-seven (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, proposed to contain twenty-five (25) single-family residential lots to be in accordance with the subdivision, lot size, and structure setback requirements prescribed for the RS- 5 Single-Family Residential – High Density zoning district classification; 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 Nos. 10-057.1 and 10-057.2, 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 MASTER PROPERTY DEVELOPMENT PLAN AND PRELIMINARY SUBDIVISION PLAT APPROVALS 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

WHEREAS, the Biloxi City Council has determined that the applicant has not fully developed their argument to an extent that warrants the 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 Master Property Development Plan and Preliminary Subdivision Plat, Case Nos. 10-057.1 and 10-057.2, Champagne and Fearn Builders, Inc., based upon a determination that ______ .

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