Case # 2019

Applicant: The City of Oxford

Owner: Baptist Memorial Hospital- North Mississippi, Inc., a Mississippi non-

profit corporation

Request: Rezone from (MD) Medical District to (NB) Neighborhood Business

District Location: Located at the intersection of South Lamar and Belk Boulevard Extended

further identified as part of PPIN 8824. Surrounding Uses and Zoning: South: New Baptist Hospital (under construction)

North: South Lamar Court under construction zoned (NB) Neighborhood Business

East: Existing Baptist Hospital West: The Hamlet zoned RB Zoning History – The property was rezoned as part of the New Baptist Hospital Campus to (MD) Medical District in 2014. Prior to the rezoning in 2014, the property was zoned (PB) Professional Business. Planner’s Comments:

The City is requesting rezoning of 36,675 square feet of vacant land to be rezoned to (NB) Neighborhood Business. The Baptist Memorial Hospital is selling the property to South Lamar Court Development because this property is no longer needed as part of the Baptist Hospital campus. The purpose of the Medical Zoning District is established to create an environment conducive to medical practices and operations. The intent is for concentrations of medical facilities and related uses to be in a “campus” settings to better accommodate the needs of the medical profession, and those served by it.

This rezoning will assure that the commercial development in South Lamar Court will be consistent throughout and in keeping with low impact commercial development.

The criteria to rezone property are cited in a number of Mississippi cases and are as follows: “Before a zoning board reclassifies property from one zone to another, there must be proof either: (1) that there was a mistake in the original zoning, or (2) (a) that the character of the neighborhood has changed to such an extent as to justify reclassification, and (b) that there was a public need for rezoning.”(Burden v. City of Greenville, 1999). In another case, the court stated: “Before property is reclassified, applicant seeking rezoning must prove beyond by clear and convincing evidence either that there was mistake in original zoning, or that character of neighborhood had changed to such an extent as to justify rezoning and that public need existed for rezoning”. (City of Biloxi v. Hilbert, 1992) Finally, in Fondren North Renaissance v. Mayor and City Council of City of Jackson, 1999, the court stated, “Under the “change and mistake “ rule of municipal zoning, based on the presumption that the original zoning is well-planned and designed to be permanent, before a zoning board may reclassify property from one zone to another, there must be proof either: (1) that there was a mistake in the original zoning, or (2)(a) that the character of the neighborhood has changed to such an extent as to justify reclassification, and (b) that there was a public need for rezoning.

Mistake: There was not a mistake on the previous rezoning. Change and Need: The development of the new Baptist Hospital and the construction of Belk Boulevard extension are the change in the character of the neighborhood. There is a public need for the extended-stay Hotel and neighborhood commercial property directly across from the new Baptist Hospital and the existing hospital to serve the needs of their patients and employees. Recommendation: Approval of the requested rezoning of 36,675 square feet from (MD) Medical District to (NB) Neighborhood Business District.

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BMH BELK BLVD REALIGNMENT

TITLE: DIRECTIONAL SIGN LOCATIONS

SCALE: 1"=100'

DATE: 7/27/2015

A2H JOB NO. 12388.03