The Minutes of the City of Ocean Springs Planning Commission Meeting. Tuesday, January 13, 6:00 p.m.

Transcription

1 I. Call Meeting to Order The Minutes of the City of Ocean Springs Planning Commission Meeting Tuesday, January 13, 6:00 p.m. A meeting of the City of Ocean Springs Planning Commission was called to order by Chairman Rickey Authement on Tuesday, January 13, 6:02 p.m. Members present: Jack Kelly, Michael Pleasant, Dennis Warren, Mary Marr Beckman, Bobby Edwards and Lori Carter. Charles Rivers was absent. Also present: Carolyn Martin, Planning and Grants Director and Hilliard Fountain, Building Official. II. Approval of Minutes of December 09, 2014 Mr. Kelly asked for a correction to page 3 of the minutes, 1st paragraph change it to the motion so the sentence reads, Mr. Kelly stated his position stands and he is uncomfortable with the motion. A motion was made by Mary Marr Beckman seconded by Jack Kelly to approve the minutes of December 09, 2014 contingent upon corrections. III. IV. Public Agenda Request-None Old Business-None V. New Business a. Bienville Boulevard Parcel ID # Requesting a change in zoning district from C-4 B (Commercial Limited Marina) to C-3 (Highway Commercial)-Bay View Holdings, LLC Mary Marr Beckman recused herself from the meeting. A motion was made by Jack Kelly seconded by Lori Carter to go into a Public Hearing. Vote: All in favor. Carolyn Martin stated Bay View Holdings is requesting to change the zoning from C-4 B to C-3 which would match the adjacent properties. During the review, the uses and their impact on the neighborhood, both current and proposed, were considered. During the time that the zoning code was adopted, it was anticipated that there would be marina activity there. At this current time, that is not the intended purpose. C-3 would allow for more appropriate business and attract the intended customer. It is believed that C-3 zoning would be consistent with the area. There is no intended development at this time. There have been conversations with several different entities but none have been able to come to fruition because of the zoning issues. Any development would go thru the City s Design Review process and impact on surrounding properties would be considered for any proposed development. It does fit with the parameters set within the Comprehensive Plan. The Planning Department supports a rezone PC Minutes Page 1 of 7

2 John Felsher, Bay View Holdings, stated they have no immediate development plans. Because of the size of Ocean Springs and the cost of a marketing plan, most potential tenants will not discuss occupancy without the property being rezoned prior. They do not believe a boat storage facility or engine workshop would be in the interest of Ocean Springs aesthetically or economically. Bay View Holdings feels that now there is enough momentum to explore what the market has available. They would certainly be sensitive to the neighbors and the City Noise Ordinance and would work with the Planning Commission and residents. Rickey Authement asked if any Proponents would like to get up and speak. Gordon White representing Naomi Enterprises which has the property in front of the yacht club asked if the Bay View Property adjoins his property in any way. Carolyn Martin told him it is physically located on the other side of the highway just north of the County Pier. Dr. Eldon McClain stated he and his wife are the nearest neighbors to the property and their main concern is an increase in traffic or an increase in noise. He said he is a Proponent because most commercial entities would be fine with him and his wife. They are just concerned that an entity could interfere with the nice, quiet neighborhood they have right now. Mayor Connie Moran stated that the local Ocean Springs Economic Development Council has discussed this on numerous occasions and highly recommends this zoning change to promote economic development in an aesthetically pleasing way rather than a large boat shed. She stated this property will still be subject to the waterfront height ordinance and cannot go over 50 feet from grade. The Economic Development Council is working hand-in-hand with the Chamber of Commerce, Economic Development Foundation, and Power Company to develop a hotel feasibility study and this is one of the sites under consideration for a boutique hotel. Mayor Moran has spoken with Roger Gardner, present Yacht Club Commodore, incoming Commodore Dr. Cynthia Moncrieff, and the Executive Committee of the Yacht Club. All fully support development which would add vibrancy to the area. The Mayor asks that this zoning change be considered in a positive light so we all might work together to attract an entity that everyone can be proud of in Ocean Springs. Cheryl Jackson Cooper stated she lives on Iola Road and wanted to share her perspective from when McElroy s was about to open in her residential neighborhood. She states that people in New Orleans love that they can just walk to a restaurant in a residential neighborhood. McElroy s has not caused any problems for the neighborhood. Ms. Cooper feels there would be no problems for the residents if a restaurant should open in the area proposed for a zone change. Mr. Authement asked if there were any Opponents that would like to speak. There were none. Jack Kelly asked if the change in zoning would prevent the development of a marina. Ms. Martin confirmed this was correct. Mr. Kelly asked Mr. Felsher to describe what he meant by the offer to coordinate with the City to allow public access easements to allow for vehicle circulation and parking. Mr. Felsher said this was not his area of expertise and he would defer that to City administration and the neighbors. Ms. Martin stated that several years ago there were Tidelands funds that have since been diverted which would have been to put a secondary PC Minutes Page 2 of 7

3 boat launch there but DMR would not allow it to be built because there was not enough room for public parking. In the event the City wanted to do something there, Mr. Felsher has indicated that some of the parking would be made available for public use allowing the traffic circulation to enter into their property. This would be addressed in Design Review. Mr. Kelly asked what percentage of parking would be allocated for public use. Ms. Martin stated that at this point they could not say definitely. Mr. Kelly verified that Mr. Felsher agrees to work with the City in making sufficient parking places available. Ms. Martin indicated that any plans would go through a public process also allowing for public input. Mayor Moran stated that Mr. Flesher is indicating he will provide a turnaround on his property to allow access to the public spaces. Mr. Kelly asked who is considered the neighbors of this property. Mr. Felsher stated the adjacent residents on the other side of the track plus the CSX right-of-way. Bobby Edwards asked why this was not zoned C-3 when Allmen s Restaurant was located there. Carolyn Martin thought that Allmen s was already closed by the time this property was zoned. She thought there had been active plans to make the property a marina but these plans never made it to fruition. Jack Kelly motioned to move out of a Public Hearing. It was seconded by Dennis Warren. Vote: All in favor. Discussion: Jack Kelly stated there are only a couple of reasons a property can be rezoned. He sees this instance as a change in conditions. He would be in favor of accepting the Motion based on a change of conditions. Bobby Edwards motioned to pass the request of Bay View Holdings, LLC to rezone the property from C-4 B to C-3. This was seconded by Dennis Warren. Mary Marr Beckman returned to the meeting. VI. Ordinance Update/Status a. Sign Ordinance Carolyn Martin stated she is being requested to bring the Sign Ordinance before the Planning Commission to be reconsidered. The original decision was that no change was needed. She would like official direction as to whether the Commission is open to any of the suggestions that came up before. Ms. Martin states it is possible to craft the Ordinance to where only the unmoving type of LED board was allowed. Another possibility would be to allow banks to display static Time and Temperature signs. Before instructing Tammy Wisco to spend any more time on this, Ms. Martin wanted to get the Planning Commission s input. Jack Kelly felt that a decision had been made to allow LED light or indirect lighting. Stationary signs were kept. It would not be scrolling or message boarding. It could only be changed once a day to change the price of gasoline per gallon. Ms. Martin stated this was the consensus that PC Minutes Page 3 of 7

4 was reached but it was never sent forward in terms of a recommendation. Mr. Kelly stated he was very happy with the original decision to keep a stationary sign, you could use LED bulbs, no scrolling, no message boards, and further, allowing letters and numbers only, that could only be changed one time per day. Ms. Martin stated she believes no Motion was made at that time because it becomes a code enforcement issue. It is feared that allowing LED bulbs allows the technology to be obtained that allows for scrolling and movement and code enforcement would be difficult. Ms. Martin stated that what Jack Kelly was describing is already allowed under the current code and no changes would need to be made to allow that. Ms. Martin asked for reiteration of the desire to keep the Sign Ordinance as is and a Motion to support that. There was discussion regarding the changes of signs and how many times they may be changed per day in regard to gas stations. Lori Carter stated she agrees there should be no changes but should there be changes, she has looked at a few cities penalties and there should be very steep penalties for breaking this code. Mr. Kelly made a Recommendation seconded by Mary Marr Beckman that no change be made to the Sign Ordinance. b. Tree Ordinance Ms. Martin stated the goal of this activity is to streamline and simplify the Tree Ordinance. It has been a severe burden for the Tree Committee to have to go out and look at every request to cut a limb. This would allow for staff recommendations and still provide documentation and regulation of protected trees. Hilliard Fountain stated the licensed tree surgeons in Ocean Springs and the Tree Committee members were asked to find a consensus on simplifying the process. They came up with a set of standards for review. Everything would still be documented and a permit would still be obtained. A picture would be obtained before and after the job and go on record. This would prevent homeowners from having to wait 3 weeks just to trim a limb off a house. Ms. Martin stated the documentation still allows for the penalties in the Ordinance to be imposed. There are also provisions for a time limit. Jack Kelly established that that 6-inch circumference was an error and should have been 6- inch diameter. Mr. Kelly stated that insurance is one issue, non-insurance is another issue, and a distinction needs to be made. Mr. Kelly asked who determines, and how do you measure, what 20% of the tree is. Mr. Fountain stated it is based on visual before and after photos. Mr. Kelly asked who the appropriate City staff is. Mr. Fountain stated it would be himself or the Deputy Building Official who would go out and photograph and review it. Carolyn Martin stated they would appoint at the time of inspection the appropriate staff because of organizational changes preventing them from specifying titles. Mr. Kelly asked what the training of this appropriate staff would be. Ms. Martin stated it is restricted to things that do not require a knowledge of horticulture PC Minutes Page 4 of 7

5 Mr. Kelly asked if the maturity of the tree was taken into account when determining what percentage of the tree can be trimmed. Mr. Kelly stated a mature tree could be trimmed without harm at a lesser percentage than an immature tree. He did not see that addressed here. Mr. Kelly stated they would be going down into the roots and how do you determine you do not cut more than 10% of the roots. Also, Mr. Kelly asked if proper pruning methods were defined anywhere. Ms. Martin stated they did not want to specify because the entity who issues the guidelines changes periodically. She said basically we would comply with the nationally recognized standard. Mr. Fountain stated that every person the City hires for pruning has to be licensed through the State. Mr. Kelly asked if the State clarifies a proper pruning method. The answer was yes. Regarding the statement on page 2, removal of a branch between 6 and 10 inches diameter, Mr. Kelly asked why we end at 10 inches. It should read anything greater than 6 inches. Mr. Fountain stated anything larger than 10 would have to go through the Tree Committee. Mr. Kelly felt it should say greater than 6 inches, not a range of 6 to 10 inches. Mr. Kelly asked about the root size change which he did not see in that particular bullet. Mr. Fountain stated if that root is tearing up the sidewalk or driveway and the homeowner documents it and fills out an application, the homeowner can take out a 4-inch or less diameter root. Mr. Kelly wanted to know how you could measure whether you were cutting out more than 10% of the root system unless you dig up all the soil. Mr. Fountain stated you may not know, some roots are shallow and some are deep. Mr. Kelly stated most roots are in the top 12 to 18 inches of soil. Mr. Kelly asked what the City s currently adopted standards are. Carolyn Martin stated that is not specified because it may change and they do not want to have to come back and change the code. Arbor Day Foundation Standards are what we follow now. Mr. Kelly asked what an appropriate volunteer licensed tree professional is. Carolyn Martin stated this is phrased that way in order to avoid calling the tree professional by an outdated name in the ordinance and limiting the qualified individuals by the name they call themselves. Mr. Kelly asked what the term when applicable meant (Section 22, 2 nd and 3 rd bullet). Carolyn Martin stated the bullet may not be applicable to a homeowner and this section needs to include both the homeowner and the licensed professional. The homeowner would not have to have the insurance the professional must have so it would not be applicable to the homeowner. Mr. Kelly asked if minimum standards or insurance coverage are required for the licensed professional completing the work. Ms. Martin and Mr. Fountain answered yes, the State sets the requirements. Mr. Kelly asked what an ISA certification is. It could not be determined what ISA was an acronym for. Mr. Kelly stated he has reservations about staff determination and there are too many subjective things going on. He wants more than one staff opinion on the determination of the protection of a big Oak tree, for example PC Minutes Page 5 of 7

6 In response to Jack Kelly s comments, Hilliard Fountain stated the Tree Committee does ask for more than one recommendation especially when it comes to a substantial Oak tree. They usually require 2 or 3 recommendations from licensed tree professionals before removing a large Oak. The only determination Mr. Fountain makes is if the tree is harming the house or the property and it is determined an emergency. Mr. Kelly stated insurance is another issue and there will need to be a delineation between insurance and other issues. Ms. Martin stated if it is simply a matter of insurance rates it would have to go through the process because it is not an eminent threat to the house. Mr. Kelly stated there should be rules in the Ordinance addressing that a letter should be presented from an insurance company when removal is required for insurance reasons. Mary Marr Beckman did not feel that 10% of the root system could be removed without a professional looking at it. Lori Carter asked if the Tree Committee follows up on viewing the tree after the pruning. The Tree Committee does follow up and documents the health of the tree. Ms. Martin stated the suggestions made would be applied to the revisions and if anyone wanted to add further suggestions please them to her. Either another Ordinance or a memo will be ed for editing and brought before the Commission. c. PUD Ordinance This is the memo that was requested to give the Commission an instrument to discuss and make a motion or recommendation regarding the PUD Ordinance. Carolyn Martin will work with John Edwards to amend the PUD Ordinance. A recommendation was made by Mary Marr Beckman seconded by Jack Kelly to withdraw PUDs. Discussion: Mr. Kelly was in favor of the memo and thought the next step would be a recommendation of what was to be done further. When subjectivity is taken out, there is a lot of detail involved which cannot be addressed in a short period of time. Remove the issue and then adjust it. He was in favor of what had been presented. Mr. Kelly asked to discuss a couple of other issues. He asked why the PUD would be a public hearing while, for example, changing a City Ordinance from 8 to 7 members was not. Ms. Martin stated that a change to conditions of zoning or use of property requires a public hearing. Ms. Martin stated for every ordinance change she has John Edwards determine if it changes conditions of zoning and use of property. Mr. Kelly asked about the status of Mr. Vincent s complaint about Crossfit. Ms. Martin stated that the court case Mr. Vincent thought he had was actually not a set court date but a 6-month PC Minutes Page 6 of 7

7 review. The judge had set conditions for Crossfit, and when Mr. Vincent no longer called in complaints, it was assumed that the issue was resolved. Mr. Vincent also now has issues with Yellowtail Bar across the street. Jack Kelly and Dennis Warren were concerned that Mr. Vincent had quit calling in complaints because the police had stopped responding, and he was under the impression that he did not need to call because he thought his complaint was going to be taken care of. Ms. Martin stated the City had recommended to Mr. Vincent to call and create a documentation trail. Mr. Warren would like to see the records of his calls to dispatch and the amount of time it took for a response. Ms. Martin has requested the area Aldermen to meet with her and the business owner. The Planning Department has to address the Use issue. Crossfit would have to apply for a Special Use Permit, move to another location, or force the City to revoke the permit. Revoking an Occupancy Permit must be done by the Board which is why Ms. Martin is trying to involve the Aldermen in the process. Mary Marr Beckman asked if there was any additional information on the DOJ training. Mr. Fountain stated the outline for the training has to be created by the instructor and submitted to DOJ for approval. The instructor has been approved but her name is unknown at this time. The length of the class is unknown at this time. Mr. Fountain spoke to the Planning Commission about handling questions and requested that any questions be directed to either him or Carolyn Martin. VII. Adjourn Motion by Dennis Warren seconded by Jack Kelly to adjourn the meeting. /s/rickey Authement Date: 2/10/15 Rickey Authement Planning Commission Chairman PC Minutes Page 7 of 7