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Posted: 12/29/2017 | 0 views
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ORDINANCE OF THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF RIDGELAND, MADISON COUNTY, MISSISSIPPI APPROVING AND GRANTING PETITION AND APPLICATION FOR DIMENSIONAL VARIANCE IN REGARD TO THE PETITION OF CBC JACKSON, LLC D/B/A THE ORCHARD FOR PROPERTY LOCATED AT S. PEAR ORCHARD RD. AND TOWN CENTER BLVD. PARCEL NOS. 072I-32B-008/01.01; 072I-32B-008/01.02; 072I-32B-001/02.02; AND 072I-32B-001/02.01 IN THE CITY OF RIDGELAND, MADISON COUNTY, MISSISSIPPI WHEREAS, CBC Jackson, LLC d/b/a The Orchard (the "Petitioner") did file a Petition and Application for Dimensional Variance to reduce the required 50’ landscaped open area requirement to 40’ to allow the parking lot of the proposed development on the subject property; and, WHEREAS, the Mayor and Board of Aldermen referred the Petition to the Zoning Board of the City of Ridgeland (the "Zoning Board"), which Board scheduled a hearing on said Petition for December 7, 2017, at 6:00 o'clock p.m.; and, WHEREAS, the City Clerk did cause notice of the December 7, 2017, hearing to be published in the Madison County Journal, a newspaper published in the City of Ridgeland, Madison County, Mississippi, in the manner and for the time required by law, and the Zoning Administrator did post notice of same upon the affected property in the manner and for the time required by law; and, WHEREAS, the Petitioner did provide evidence that the Petitioner had mailed notice of hearing to adjoining property owners; and, WHEREAS, at the time, date and place specified in the notice, the Zoning Board did conduct a full and complete hearing on the Petition, and received comments and heard evidence presented by the Petitioner, and thereafter forwarded its recommendation thereon to the Mayor and Board of Aldermen; and, WHEREAS, the Mayor and Board of Aldermen are familiar with the property and existing land uses within the City of Ridgeland and in the area of the city where the property is located and in acting on this Resolution, have duly considered the matters and facts within their personal knowledge as same affect the land uses requested in the Petition filed herein; and, WHEREAS, at the conclusion of the discussion of the Zoning Board's recommendation, the Mayor asked whether the Board of Aldermen desired to take any action regarding the Petition and the recommendation of the Zoning Board, and after discussion thereof, Alderman Ramsey offered the following Ordinance and moved that it be adopted, to-wit: NOW, THEREFORE, be it ordained by the Mayor and Board of Aldermen of the City of Ridgeland, Madison County, Mississippi as follows, to-wit: SECTION 1. That the matters and facts stated in the preamble hereof are found, determined and adjudicated to be true and correct. SECTION 2. That a dimensional variance be, and same is hereby granted to change the dimensional requirements of Section 400.04.E.2 of the Zoning Regulations Ordinance of the City of Ridgeland to reduce the required 50’ landscaped open area requirement to 40 feet to allow the parking lot of the proposed development on the subject property in Ridgeland, Mississippi. SECTION 3. The property affected by this Ordinance is located in the City of Ridgeland, Madison County, Mississippi and described as: A certain parcel of land being situated in Section 32, T7N-R2E in the City of Ridgeland, Madison County, Mississippi, and being more particularly described as follows: Commence at the Northwest corner of the aforesaid Section 32, T7N-R2E and run thence East for a distance of 35.0 feet to a point on the East right-of-way line of Pear Orchard Road; run thence South along said East right-of-way line of Pear Orchard Road for a distance of 1,099.88 feet to an existing ½” iron pin marking the Northwest corner of that certain parcel of land as described in deed recorded in Deed Book 211 at Page 314, on file and of record in the office of the Chancery Clerk of Madison County at Canton, Mississippi; run thence South along said East right-of-way line of Pear Orchard Road for a distance of 209.17 feet to an existing concrete monument; run thence South 00 degrees 16 minutes 00 seconds East along said East right-of-way line of Pear Orchard Road for a distance of 466.86 feet to an existing ½” iron pin marking the POINT OF BEGINNING of the parcel of land herein described; from said POINT OF BEGINNING and leaving said East right-of-way line of Pear Orchard Road, run thence South 89 degrees 53 minutes 33 seconds East for a distance of 676.11 feet to a set ½” iron pin marking the Northwest corner of Lot 5, The Enclave at Towne Center (Part One), a subdivision according to the map or plat thereof, on file and of record in the office of the Chancery Clerk of Madison County at Canton, Mississippi, as now recorded in Plat Cabinet E at Slide 177A; run thence South 00 degrees 09 minutes 33 seconds East along the West line of said The Enclave at Towne Center (Part One) for a distance of 453.77 feet to a set ½” iron pin on the North right-of-way line of Towne Center Boulevard; leaving said West line of The Enclave at Towne Center (Part One), run thence South 89 degrees 48 minutes 04 seconds West along said North right-of-way line of Towne Center Boulevard for a distance of 675.60 feet to a set ½” iron pin marking the Point of Intersection of said North right-of-way line of Towne Center Boulevard with the aforesaid East right-of-way line of Pear Orchard Road; leaving said North right-of-way line of Towne Center Boulevard, run thence North 00 degrees 13 minutes 13 seconds West along said East right-of-way line of Pear Orchard Road for a distance of 457.39 feet to the POINT OF BEGINNING, containing 307,896.6209 square feet or 7.0684 acres, more or less. SECTION 4. That it is hereby found and determined that the conditions precedent to the granting of a dimensional variance as required in Section 600.08 of the City of Ridgeland Zoning Regulations Ordinance of February, 2014, exist, and have been satisfied in regard to the granting of the dimensional variance described herein. SECTION 5. That, with the sole exception of the dimensional variance granted herein, the property shall be subject to all of the provisions of the City of Ridgeland Zoning Regulations Ordinance of February, 2014. ORDAINED, ADOPTED AND APPROVED by the Mayor and Board of Aldermen of the City of Ridgeland, Madison County, Mississippi at a regular meeting thereof held on the 19th day of December, 2017. The motion for adoption was seconded by Alderman Smith and the foregoing Ordinance having been first reduced to writing, was submitted to the Board of Aldermen for passage or rejection on roll call vote with the following results: Alderman Ken Heard (Ward 1) voted: AYE Alderman Chuck Gautier (Ward 2) voted: AYE Alderman Kevin Holder (Ward 3) voted: AYE Alderman Brian Ramsey (Ward 4) voted: AYE Alderman Bill Lee (Ward 5) voted: AYE Alderman Wesley Hamlin (Ward 6) voted: AYE Alderman D.I. Smith (At large) voted: AYE Whereupon, the Mayor declared the motion carried and the Ordinance adopted. The foregoing Ordinance is approved, this the 19th day of December, 2017. /s/Gene F. McGee, Mayor of the City of Ridgeland, Mississippi ATTEST: /s/Paula Tierce, City Clerk ( S E A L ) TheOrchard-DV-ORD 12/07/2017-MMH
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