Rescind the Planning Commission preliminary plat approval of Porteaux Bay Village Phase IX. sign now

Overview: This petition is a request to rescind preliminary plat approval of Porteaux Bay Village Phase IX. This phase was not approved by the Jackson County Board of Supervisors. Notices of a Planning Department public hearing were not sent to nearby property owners as required by Section 2.3 of the Jackson County Zoning Ordinance (Page 24)

An engineering study by the LPA Group concluded Due to the number of outstanding issues, we cannot recommend approval for the Porteaux Bay Village Phase IX Subdivision at this time

There is also reason to believe that development of this phase is injurious to existing adjacent properties. Furthermore the proposed homes to be built in Phase IX may be at risk of flooding. The effect on adjacent properties could not have been properly assessed in the absence of input from adjacent property owners. These concerns are based on the Jackson County Zoning Code Sections 14.4, 14.5, and 14.6. This document also refers to the Code of Federal Regulations, Title 44. Volume 1, Revised as of October 1, 2006, CITE 44CFR59.1, Pages 235 243.

We request the following remedy:

Rescind the Planning Commission preliminary plat approval of Porteaux Bay Village Phase IX.

Require the developer to address the issues reported by the engineering firm.
Provide documentation of the addressed issues to the Porteaux Bay Neighborhood Association, Inc..

Send hearing notices to the nearby property owners.

Supporting Details:

On June 1, 2009 a memorandum from Kathy Beaugez was sent to the Site Plan Review Committee referencing attached plans for preliminary plat approval. This was sent 10 days before the Planning Department received results of the LAP Group engineering review.

On June 10, 2009 a letter was sent from The LPA Group to Ms. Coats describing drainage and lot size non-conformities in the site plan. LPA concluded Due to the number of outstanding issues, we cannot recommend approval for the Porteaux Bay Village Phase IX Subdivision at this time

On July 15, 2009 the Preliminary Plat for Phase IX was approved by the Jackson County Planning Commission. There is no documentation available that shows if the issues noted by LPA were resolved prior to the approval.

A review of County Board of Supervisors meeting agendas does not show a Planning Commission presentation to the County Board of Supervisors as required by Article VII, Section 3-f. of the Jackson County Zoning Ordinance.

Unaddresses Issues reported by LPA review File Number OSM733004-P24:
Item Lot # Required Actual

Lot Width
1 80 Feet 75 Feet
2 80 Feet 75 Feet
3 80 Feet 65 Feet
4 80 Feet 65 Feet
5 80 Feet 65 Feet
6 80 Feet 65 Feet
7 80 Feet 65 Feet
8 80 Feet 65 Feet
9 80 Feet 65 Feet
Lot Area
3 9600 Sq. Ft 8994 Sq. Ft.
4 9600 Sq. Ft 8994 Sq. Ft.
5 9600 Sq. Ft 8994 Sq. Ft.
6 9600 Sq. Ft 8994 Sq. Ft.
7 9600 Sq. Ft 9221 Sq. Ft.


Right of Way Sundown Road Required Actual
70 Feet 40 Feet

Other issues that need to be addressed:
Use two 11" by 18" RCAP pipes to carry flow from lots 1-5
Provide approval letter from West Jackson Utility Authority
Provide location of offsite drainage facilities for runoff
Increase drainage capacity of open ditch in front of lots 5-10
Provide letter of certification stating sufficient sanitary sewer force main capacity to support additional flow.

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Casey FoleyBy:
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Petition target:
Jackson County Board of Supervisors

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