Memorandum

To: Mayor and Board of Aldermen

From: Judy Daniel, AICP; Director

Date: December 20, 2016

Re: Planning Commission Case 2141

Request for Amendment to Final Plat for Oxford Commons PUD Phase I, Tract C, Part 2, Lots 16 and 17. (PPINS #33597 & #33598)

Zoning: (PUD) Planned Unit Development ______________________________________________________________________________

In 2006, a subdivision plat intended for a range of commercial uses was approved for Phase 1,

Tract C, Part 2 of Oxford Commons consisting of 7 lots of various sizes with a total of 18.39 acres.

In 2007, the Plat was reconfigured, approved, and recorded; now consisting of 9 lots of various

sizes with a total of 18.72 acres. This subdivision is located on the south side of Sisk Avenue, in

the area across from the Wendy’s restaurant. Thomas Crowson has purchased two of these lots

(#16 & #17) and wishes to combine them to create a bigger lot that will better fit the use they

hope to later have approved on the property. The combination will create one lot of 2.46 acres

from two lots of approximately 1.23 acres each.

Mississippi law #17-1-23-4 (below) has specific requirements for proposed changes to

subdivisions. The pertinent segment is noted below:

(4) If the owner of any land which shall have been laid off, mapped or platted as a city, town or

village, or addition thereto, or subdivision thereof, or other platted area, whether inside or outside

a municipality, desires to alter or vacate such map or plat, or any part thereof, he may petition the

board of supervisors of the county or the governing authorities of the municipality for relief in the

premises, setting forth the particular circumstances of the case and giving an accurate description

of the property, the map or plat of which is to be vacated or altered and the names of the persons

to be adversely affected thereby or directly interested therein.

However, before taking such action, the parties named shall be made aware of the action and

must agree in writing to the vacation or alteration. Failure to gain approval from the parties

named shall prohibit the board of supervisors or governing authorities from altering or vacating

the map or plat, or any part thereof.

There is no definition of who persons “adversely affected” or “directly interested” would be; and

it is the responsibility of the applicant for the amendment to make such a determination and

present the approvals for the change in writing to the governing authority. In this instance, the

applicant had thought they had approval from three entities they felt would be sufficient and

signatures from those entities were presented at the meeting. Staff learned on the Friday before

the meeting, however, that at least one person – who owns and works in a building to the south

of the subject property – objected to the request. After learning of that objection, the staff

recommendation was changed from approval to denial.

At the Planning Commission meeting that person Reed Martz, (with the Freeland and Martz Law

Firm); Brad Golman (with the Holcomb Dunbar Law Firm); and Janet Watkins (who represents

Ganesh Properties, owner of a hotel located further away from the property) spoke to object on

the grounds of being directly interested and fearing adverse impact from the change. All

speakers have, or represent persons who have, a fiscal interest in property that is a part of the

subdivision; and two work in firms whose buildings are immediately adjacent to the proposed

site. As none of these people or entities had been requested to provide written approval for the

subdivision amendment and, and as all objected, on this basis the Planning Commission

recommended denial of the request.

Recommendation: The Planning Commission recommends denial of the requested amendment

to the Final Plat for Oxford Commons PUD Phase I, Tract C, Part 2, Lots 16 and 1;

The motion for denial (made by Commissioner Bradley) stated:

“I make a motion to deny the request to alter the plat based on the fact that the

applicant has not presented written approval from all nearby owners who would be

adversely affected or directly interested including Freeland Martz Real Estate Holdings,

LLC. and Oxford Commons Law Properties, LLC.”

If you need additional information or have further questions, please feel free to contact the Planning Department.

Case 2141

To: Oxford Planning Commission From: Judy Daniel, AICP; Director of Planning Date: December 12, 2106 Applicant: Thomas Crowson for Hyatt Place

Owner: Same Request: Final Plat Approval for Amendment to Oxford Commons PUD Phase I, Tract C,

Part 2, Lots 16 and 17. Location: Lots 16 & 17, Oxford Commons, P.U.D., Phase 1, Tract C, Part 2 (PPINS #33597 &

#33598) Zoning: (PUD) Planned Unit Development Surrounding Zoning:

North: (PUD) Planned Unit Development South: (PUD) Planned Unit Development East: (PUD) Planned Unit Development

West: (PUD) Planned Unit Development Planners Comments: In 2006, a subdivision plat intended for a range of commercial uses was

approved for Phase 1, Tract C, Part 2 of Oxford Commons consisting of 7 lots of various sizes with

a total of 18.39 acres. In 2007, the Plat was reconfigured, approved, and recorded; now

consisting of 9 lots of various sizes with a total of 18.72 acres. This subdivision is located on the

south side of Sisk Avenue, in the area across from the Wendy’s restaurant. Thomas Crowson has

purchased two of these lots (#16 & #17) and wishes to combine them to create a bigger lot that

will better fit the use they hope to later have approved on the property. The combination will

create one lot of 2.46 acres from two lots of approximately 1.23 acres each.

Subdivision regulations are generally less concerned with “recombinations” that increase lot

sizes, than with “resubdivisions” that create additional lots. Mississippi does, however, require

that the applicant for any change in a platted subdivision notify all the property owners who they

believe could think that they would be negatively impacted by the proposed change. In this

instance, they have notified the owners of lots directly to the west (15), east (18), 21, and 23

(south); and have received positive responses from those owners.

Other lots in the commercial areas of Oxford Commons vary widely in size, and the other lots in

the approved final plat vary from 1.91 acres to 4.99 acres; so the proposed larger lot (creating a

larger lot 16, and eliminating lot 17) would not be an anomaly in this development. It is also

important to consider that this request is only for the proposed merger of these two lots. No site

plan for any use on the site is under consideration at this meeting. Should the change to the Final

Plat be approved, the lot would be eligible for any use allowed for this section of the Oxford

Commons PUD. A wide range of commercial uses are authorized for use in this section of Oxford

Commons.

Staff supports this modification to a Final Plat. It will not create a lot of an unusual size for a

commercially oriented development, and there does not seem to be any reason why the lot of

the size proposed would have a negative impact on any adjoining or nearby property owners.

Recommendation: Staff recommends approval of the change to the Final Plat for Oxford

Commons PUD Phase I, Tract C, Part 2, Lots 16 and 17; with the following conditions:

1. Approval is for the plat as submitted.

2. Approval of the amended Final Plat by the Planning Commission; and subsequent

approval by the Mayor and Board of Alderman.

December 7, 2016

Via Email Only

Oxford Planning Commission c/o Judy Daniel, Oxford Planning Department jdaniel@oxfordms.net RE: Case 2141 Final Plat Approval for Amendment to Oxford Commons PUD Phase I, Tract C, Part 2, Lots 16 and 17 Dear Oxford Planning Commission,

I am writing on behalf of Freeland Martz Real Estate Holding, LLC, the owner of unit

number 3 of The Park at Oxford Commons, a condominium. The condominium project is a

fraction of lots 20 and 21 and all of lot 23 of the Oxford Commons P.U.D., Phase 1, Tract C,

Part 2, and a fraction of Lot 1A of the Oxford Commons P.U.D., Phase 1, Tract C, Part 3.

Freeland Martz Real Estate Holding, LLC is opposed to the request of Thomas

Crowson on behalf of Hyatt Place to combine Lots 16 & 17 of the Oxford Commons P.U.D.,

Phase 1, Tract C, Part 2 (PPINS 33597 and 33598). Our unit is directly to the south of Lots 16

and 17 and would be most immediately effected by the combination of lots. We were

approached by the project owner’s engineer in late September 2016 and made known our

opposition to the project at that time. I am aware that two other unit owners also oppose the

project and at least one of them made known their opposition to the project. Thus, we contest

the owner’s representation that the units to the south provided “positive responses” to the

proposed project.

We do not believe the lots should be combined for a number of reasons including

changing the nature and character of the previously approved development, serious and

already-existing traffic concerns which would only be made worse, and a negative impact on

our property values due to decreased public visibility combined with having a fourth hotel

within such a small area. The plat as-existing represents a plan for two smaller buildings, not

a single, large hotel adjacent to our property. We relied upon this plan when making a

substantial investment in our building.

Sincerely,

FREELAND MARTZ, PLLC

M. Reed Martz

cc: Kevin McLeod kevin@elliottbritt.com

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