Kenlan Development

Case 2036
Applicant:
Kenlan Development – Oxford, LLC.
Owner:
Kenlan Development – Oxford, LLC.
Request:
Variance to Section 98-112 (f) Regional Detention
Location:
Sisk Avenue at Commonwealth Boulevard
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
Past Zoning History: Zoning established in 2004
Planner’s Comments: The subject property is located in the commercial area of Oxford
Commons at the intersection of Sisk Avenue and Commonwealth Boulevard. A stormwater
detention pond is located on the southwest corner of lot 4. The owner of Lot 4 of Oxford
Commons Phase 1 is requesting to use the existing pond, with some modification, as a regional
pond to provide for the stormwater needs of properties outside of Phase 1. The current
stormwater ordinance only mentions regional detention briefly and not in the context of a
developer wanting to build and manage his own regional system. Rather, Section 98-112 (F)
references that the City would own and maintain any regional pond.
Therefore, a variance is necessary in order for the owner of Lot 4 to maintain a regional
detention system. The existing pond was not designed to meet the requirements of the current
ordinance for these additional areas, specifically management of the 2, 10, and 100 year storm
events, and will require some improvements. Further, the City wants to ensure that the future
maintenance is provided for and that all site plans that are approved to use the pond retain
access and use. As Lot 4 is an approximate 16 acre tract suitable for extensive development, and
therefore not likely to be abandoned, Public Works supports the use of regional detention at this
site provided certain conditions are met.
Recommendation: Approve the variance request for regional detention with the following
conditions:
1. Prior to the Planning Commission meeting, the applicant has provided acceptable
documentation regarding how the future maintenance and use will be ensured.
2. A perpetual easement, or other legal document acceptable to the City of Oxford, will be
filed in the Chancery Courthouse to ensure that Lot 4 remains designated for stormwater
use in a manner that maintains the approved post-development flow, and is maintained
by the owner of Lot 4, which is an approximate 16 acre tract. This document will be filed
before any permits are pulled for any new construction to be served by the regional
detention.
3. A 6' fence is required around the pond. Heavy landscaping, to be approved by the
Planning Department, will be installed around the fence.
4. A fence height variance is approved, if such variance is required to install a 6' fence
around the pond.
5. The existing pond will be modified to match the approved stormwater report (clean the
bottom and slopes, modify the discharge structure, spillway and bank elevation)
6. Certificate of Occupancies will not be granted for any new construction being served by
this regional pond until the above conditions have been met
7. The regional detention allows for and is approved based on the specific calculations
provided for review and must continue to match that post-development flow.