ORDINANCE BY THE MAYOR AND BOARD OF ALDERMEN
OF THE VILLAGE OF MEMPHIS, MISSISSIPPI
AMENDING THE VILLAGE ZONING ORDINANCE
WHEREAS, Richard Smith a landowner and business owner of Auto Reclaimers, a Mississippi corporation, did file an Application and request to re-zone certain property from its previous M-2 Use District Classification to a C-4 Commercial Classification; and
WHEREAS, the planned Unit Development Use District Classification was previously approved at a meeting of the Board of Aldermen conducted on August 15, 2000; and
WHEREAS, said certain matters have arisen regarding the subject property and the Petitioner has requested additional action by the Mayor and Board of Aldermen to resolve all issues associated with the zoning classification and the PUD on said property; and
WHEREAS, it was determined that the rezoning of said property would be for the betterment of the community and would increase taxes and business to the area and that there is a need of necessity for re-zoning of same for the growth of the community; and
WHEREAS, a hearing was set for the 4th day of November 2003, at 7:00 o’clock p.m. and the Developer did cause Notice of said hearing to be published a newspaper published and of general circulation in DeSoto County, Mississippi, in the manner and for the time required by law; and
WHEREAS, the hour of 7:00 o’clock p.m. on the 4th day of November 2003, did arrive; and
WHEREAS, there were no objectors present; and
WHEREAS, the matter was presented to the Board of Aldermen and after discussion thereof Alderman Thomas offered the following Ordinance and moved that it be adopted by the Mayor and Board of Aldermen, to wit:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE VILLAGE OF MEMPHIS, MISSISSIPPI, AS FOLLOWS, TO WIT:
That the subject land area, a copy of which is attached hereto as march as Exhibit “A” and made a part hereof by reference, is hereby re-adopted with the modifications set forth below, and that the following described tract of real property be, and the same is hereby, rezoned from its present Use District Classification to said Commercial C-4 classification, to wit:
See Exhibit “A” which contains the legal description of the subject property.
Legal Description as recorded in Minute Book 1 page 180 and 181 and restated in Minute Book 1 pages 345 and 346:
A tract of land located in the Southwest Quarter of the Southwest Quarter of Section 5, township 2 South, Range 9 West and in the Northwest Quarter of Northwest Quarter of Section 8 Township 2 South, Range 9 West, DeSoto County, Mississippi and being more particularly as follows:
Commencing at the Southwest corner of Section 5, Township 2 South, Range 9 West; thence North 00 degrees 10 minutes 04 seconds West, 181.19 feet to the True Point of Beginning for herein described tract; thence North 00 degrees 10 minutes 04 seconds West along the West line of Section 5, a distance of 285.97 feet; then South 79 degrees 04 minutes 05 seconds East, 1480.32 feet to a point in the West right-of-way line of the Illinois Central Railroad; then South 52 degrees 51 minutes and 41 seconds West 593.81 feet to a point at the Intersection of said west line and the centerline of a field road; thence along the centerline of said road following calls: a curve to the right radius- 250.00 feet; delta- 39 degrees 20 minutes 30 seconds, cord bearing= North 84 degrees 10 minutes 16 seconds west, bearing= 168.31 feet, thence North 64 degrees 30 minutes 01 seconds West, 28.89 feet; thence North 67 degrees 07 minutes 57 seconds West, 148.04 feet; thence North 67 degrees 36 minutes 11 seconds West, 131.29 feet; thence North 69 degrees 47 minutes 13 seconds West, 126.68 feet; thence North 74 degrees 10 minutes 28 seconds West, 368.49 feet; thence along a curve to the right having the following attributes; radius= 75.00 feet, tangent 56.52 feet to the Point of Beginning; containing 11.49 acres for or less of said boundaries within the legal description of the Village of Memphis, MS.
THIS LEGAL IS FOR REZONING PURPOSES ONLY.
RESOLUTION TO APPROVE
WHEREAS, a public hearing was held to hear comments from the public concerning a Re-zoning Application filed by Richard Smith to re-zone 11.49 acres from M-2 to C-4. Said property is located in the Southwest Quarter of the Southwest Quarter of Section 5, township 2 South, Range 9 West and in the Northwest Quarter of Northwest Quarter of Section 8, township 2 South, Range 9 West, DeSoto County, Mississippi, and
WHEREAS, there were no objections from the public; and
WHEREAS, the following findings were presented and recommended to the Board concerning said Re-zoning; and
WHEREAS, the Board, after study, determined the Re-zoning approved, with the addition of the recommendations of the City Planner as follows:
Application by Richard Smith to Re-zone 11.49 acres from M-2 to C-4 to approve application with the following stipulations:
1. The property is to be used as a reclaiming auto parts facility.
2. No vehicles will be placed outside a fence.
3. Fence to be kept presentable.
4. No individuals will be allowed to roam the facility yard.
5. The area will be kept in proper display with all trash and debris removed in a timely manner.
** AS RECORDED IN MINUTE BOOK ONE page 180 and 181 and restated in Minutes Book 1 pages 345 and 346.
The Village of Memphis Zoning Ordinance be and the Zoning Distract Map be and the same are hereby amended so as to reflect the foregoing change in the zoning of the above described real property.
ORDAINED, ADOPTED, AND APPROVED by the Mayor and Board of Aldermen of the Village of Memphis, Mississippi, at a meeting thereof held on the 4th day of November 2003.
That a motion for adoption made by Aldermen Thomas and was seconded by Alderman Lovell, and the foregoing Ordinance having been first reduce to writing was read, considered and approved, section by section, and then as a whole and was submitted to the Board of Aldermen for passage or rejection on roll call vote being as follows, to wit:
Alderman Lovell Voted: Aye
Alderman Replogle Voted: Absent
Alderman Stafford Voted: Aye
Alderman Austin Voted: Aye
Alderman Thomas Voted: Aye
WHEREUPON THE Mayor declared the motion carried and that the Ordinance was duly passes and adopted.
SO ORDERED on this the 4th day of November 2003.
Robert E. Smith, Mayor