The Minutes of the City of Ocean Springs Planning Commission Meeting. Tuesday, November 10, 6:00 p.m.

Transcription

1 I. Call Meeting to Order The Minutes of the City of Ocean Springs Planning Commission Meeting Tuesday, November 10, 6:00 p.m. A meeting of the City of Ocean Springs Planning Commission was called to order by Chairman Rickey Authement on Tuesday, November 10, 6:00 p.m. L. Teno Henderson, Andy Phelan, Marshall Johnson, Mary Marr Beckman, Dennis Warren and Michael Pleasant were present. Carolyn Martin, Planning and Grants Director; Hilliard Fountain, Building Official; James Compton, City Engineer; and Lacia Walsh, Planning & Grants Assistant, were also present. II. Approval of Minutes of September 08, 2015 Mary Marr Beckman made a motion to accept the minutes of September 08, 2015 seconded by Michael Pleasant. The motion III. IV. Old Business None New Business A. 405 Jackson Avenue, Parcel # Walter Mullen Lot Split. Carolyn Martin stated this was more accurately a parcel boundary split. Lots that were previously platted prior to 1985 may or may not comply with the current zoning regulations but they were already platted and are still developable lots under very strict conditions. Often times families combined lots under one parcel ID. The parcel ID was established to track ownership and taxation, but not necessarily for the creation of lots. The lots along Jackson Avenue were originally platted at 50 feet wide. Most are still existing in that 50 foot configuration. The application for 405 involves 2 lots, 11 and 12, owned by the same applicant, which have the same parcel ID. The applicant wishes to reconfigure the parcel ID to match the previously platted lots. Legal descriptions would not change. This would make the properties consistent with the neighboring properties. Mr. Andy Phelan asked if parcel IDs are a County assignment. Carolyn Martin said it was. He asked if the City has always recognized this property as two lots even though it only has one County assigned parcel ID. Carolyn stated the applicants would be asking the County to assign two parcel IDs. It is just a mechanism to change ownership boundaries. Mr. L. Teno Henderson asked why the lots did not meet the zoning requirement of 13,500 sq.ft. Ms. Martin stated it was because these lots existed prior to the zoning code being established. In 2012, an ordinance was created to address these types of lots that are undersized but platted prior to the code. The ordinance lists a very strict set of situations and a way that they can be developed as long as they were already platted prior to the development of the code. There will be another review process to dictate how these lots can be developed. Mr. Marshall Johnson asked where the Historical Preservation Committee fits in. Ms. Martin stated since this was a Historic District, it would have to go through an HPC review and if it requires different setbacks or other variances, it will come thorough the Planning Commission as well. There will be several layers of approval before they can build PC Minutes Page 1 of 6

2 Andy Phelan asked if the setbacks would be the 2012 setbacks. Ms. Martin stated they would be 25 feet front and back and 10 feet on both sides. It can be built as long as it is consistent with the surrounding neighborhood but a review process is still required. L. Teno Henderson asked if once the lots were split would that allow the city to tax each lot individually. Ms. Martin stated the county would create 2 parcel ID numbers and would tax each individually. Mr. Dennis Warren motioned to recommend the approval of the request to split the current parcel listed as 405 Jackson to reflect the originally platted lots of 11 and 12. The motion was seconded by L. Teno Henderson. The motion B. 325 Jackson Avenue, Parcel # Margaret Brou Lot Split. Carolyn Martin stated that Ms. Brou s property had originally consisted of lots 1, 2, 3, 6, and 7, the vacated right-of-way that used to be Back Street, and also a portion of lots 4 and 5. Clair Brou s property is the space in between. There was one parcel ID number around several different lots. They are proposing, from this one parcel ID made up of all those portions of lots, to create three parcel ID numbers. The first parcel would be created from the back side of lots 4 and 5, all of lots 6 and 7, and the vacated right-of-way. That would become one ownership and have only one home. Lot 2 would be split in the middle and half given to lot 1 and half given to lot 2 to create 2 parcel ID numbers. From this large C-shaped property you would get 3 properties where up to 3 homes could be built. After this issue was solved, Carolyn Martin stated she would work with each individual to petition to vacate the Lundy rightof-way. There is a 20 foot discrepancy on the survey that they will have to get corrected before they file it. Parcel 1 would be compliant and not have to go through any type of review. Parcels 2 and 3 would still be undersized and would still have to go through a review process. Clair Brou, 313 Jackson Avenue, objects to the reconfiguration/lot split because it is making Jackson Avenue more like a subdivision. Mary Marr Beckman verified that with 3 parcels there would be no more than 3 houses. Ms. Martin stated it is development by parcel because it is development by ownership. So no matter how many lots are on a parcel it is still development by ownership meaning one house per parcel ID. Ms. Beckman asked if all parties involved agreed to vacate Lundy Avenue. Ms. Martin verified they had. Mary Marr Beckman motioned to accept 325 Jackson Avenue as presented, making sure that there is an updated survey clarifying the 20 feet in question. Marshall Johnson seconded. The motion unanimously carried. C. PUBLIC HEARING: 4204 Bienville Boulevard, PID# Requesting a zoning change from R-1 (Single Family Residential) to C-3 (Highway Commercial District). Marshall Johnson motioned to go into Public Hearing seconded by Dennis Warren. The motion Carolyn Martin stated this parcel is in an area where there has been a change and it is more commercial; however, at this particular location, there is a residence on the east side and the rear of another subdivision is to the west with three total residences flanking the property. The house on the east side is impacted by the commercial traffic but it does not currently have commercial directly at their window. Ms. Martin stated her concern was that it met too closely the definition of spot zoning as it is still R-1 on both sides of the lot and it could have a potential negative impact. It is viable to say that the neighborhood has changed PC Minutes Page 2 of 6

3 and it would be viable to rezone that entire section as commercial at some point but this property has R-1 neighbors immediately on both sides right now. Mike Impey, Alderman of Ward 6, asked if this parcel was also intended as a storage facility like the parcel down the street to the east. Ms. Martin stated it was. Mr. Impey stated he was supportive of the previous property rezone to the east but he feels the Red Wing Cove residents are too close to this particular property. Ms. Martin stated that having 2 warehouses in this way would have a lot of back and forth and could negatively affect the residences in between. There was no audience input. Mary Marr Beckman stressed that care needed to be taken because the adjacent Red Wing Cove was platted as a subdivision with R-1 specs and Lot 1 of Bayou s End is too far removed from the commercial portions to not be spot zoning. Ms. Martin stated that if it were rezoned there are provisions in the code that would require additional setbacks which would leave them with only 50 feet to build on. Andy Phelan asked if there could be parking in a setback. Ms. Martin stated yes. Rickey Authement stated that it seemed there is not a public need for this structure right there. L. Teno Henderson was concerned about putting commercial in between residential properties. Mary Marr Beckman emphasized that this is Lot 1 of Bayou s End and the previous lot that was rezoned was Lot 5 of Bayou s End. Lot 1 abuts Red Wing and Lot 5 does not. Andy Phelan asked if we had any input from the residents at Lot 2. These residents have not offered an opinion, but it has been a single family home since it was developed. Rezoning a property opens the door to a lot of other uses. While a landscaping warehouse may or may not be intrusive, it opens the doors for uses that might be. Mr. Impey stated that he had attempted to make contact with the residents and had not been able to. Mr. Impey did not feel that tucking a commercial property between residential was a good fit. Dennis Warren motioned to come out of Public Hearing seconded by Mary Marr Beckman. The motion Dennis Warren made a motion to deny the request to change the zoning district from R-1 to C-3 at PID# seconded by L. Teno Henderson. The motion D. PUBLIC HEARING: 420 Russell Avenue, PID# Beth and Jack Riley Short Term Rental Request. Marshall Johnson made a motion to go into Public Hearing seconded by Andy Phelan. Carolyn Martin stated that this is the first of the short term vacation rentals that will be coming forward, with a cap of 35. The Planning Department has reviewed the applications and made sure they met the Ordinance requirements for approval. The review included a physical inspection of the structure and confirmation from both the Police Department and Code Enforcement that there were no complaints. This application is fully compliant with the Ordinance as passed. No opposition was received and 1 letter of support was received. Approval is recommended for this application. Mr. Dennis Warren asked how much it cost to send the Public Notice. Ms. Riley stated it was $ He asked John Edwards if state regulation overrides city regulation. Mr. Edwards stated that was too broad. Mr. Warren asked about spot zoning. Mr. Edwards stated that was case law mandated so it was determined PC Minutes Page 3 of 6

4 on a case-by-case basis. Mr. Warren asked if we would be open to litigation if someone did elect to challenge the new ordinance. Mr. Edwards stated he was expecting someone to challenge it within the first 10 days after it was passed and that didn t happen. Mary Marr Beckman stated she thought it had been discussed that all vacation rental properties would have to furnish off-street parking for the vehicles approved for their particular site. She was concerned about the 3 vehicles allowed for this property. Ms. Martin stated this number had been determined in the inspection. They looked at what was proposed by the applicant and the inspectors determined the maximum number allowed in the driveway without intrusion into the grass or the street. Mr. L. Teno Henderson asked if there was any difference in the tax structure between the short term rentals and the long term rentals. Ms. Martin stated that long term rentals are not taxed other than property tax while the short term rentals pay the sales tax and the bed tax. Andy Phelan motioned to go out of Public Hearing seconded by Marshall Johnson. The motion Marshall Johnson moved that the short term rental application for 420 Russell Avenue be approved. L. Teno Henderson seconded. Discussion: Mr. Dennis Warren asked how many man hours were put into inspections. Mr. Fountain stated per residence it averaged anywhere from 30 to 45 minutes for each of the Building and Fire Inspectors involved. The motion carried 6 to 1 with Dennis Warren opposing. Ms. Martin stated that after the Board approves, the applicants would be issued a paper permit which will have to be posted in the residence. Ms. Martin stated that this Ordinance allowed for a 10 day appeal period so these short term rental applications would not go to the Board until December 1 st. E. PUBLIC HEARING: 1312 Iberville Drive, PID# James and Barbara Bright Short Term Rental Request. Marshall Johnson made a motion to go into Public Hearing seconded by Mary Marr Beckman. The motion This is a similar situation and this address was also compliant during physical inspection. All other requirements were met during the review process. There was a phone call of support from Mr. Hawkins which has been summarized into the memo. He owns the property directly across the street. The occupancy has been set at 5 and the number of allowed vehicles at 3. There have been no complaints over the last 12 months. Based on compliance with the code and inspection approval, we recommend approval of this application. Ruth Nelson, 1316 Iberville Drive, has resided there since She is concerned about short term rentals attracting transients and other unsavory characters. Carolyn Martin stated that the main difference between a standard long term rental and a short term rental is that short term rentals are far more controlled. The City does not get involved in full time rentals at all, so they are more likely to have incidents than the short terms. The average price of renting a short term is about $125 to $150 a night so transients would not likely be using them. The property owners tend to cull PC Minutes Page 4 of 6

5 out suspicious characters because it is in their best interest. Any suspicious or intrusive activity can be reported and the property owner will be held accountable. The permits are not transmittable if the owner sells the property. Mr. Fountain stated that the City receives far more complaints from standard rentals where the homeowner lives out of town and does not check up on them than they do from short term rentals. There have been no complaints called into the police department or code enforcement for any short term rentals. Andy Phelan asked if this property had been operating as a vacation rental all along and if there had ever been any complaints. Carolyn stated it had been and there were no complaints. Mr. Phelan asked about the parking, the rules said 2 but the maximum allowed by the City was 3. It was determined that the rules were less than the City maximum so it was acceptable. Dennis Warren stated to Ms. Nelson that this was started as a commercial endeavor that was only allowed in commercial zones but the camel was allowed to put his nose under the tent. This is a commercial endeavor in a residential district. That is why he asked about spot zoning. Rickey Authement asked how they determined the maximum occupancy of 5. Hilliard Fountain stated it was by looking at the number of bedrooms and designated sleeping areas. Carolyn Martin stated the Fire Marshall makes that determination. Mary Marr Beckman stated she felt this was an established R-1 neighborhood and it s not that close to downtown. She felt they needed to preserve R-1. L. Teno Henderson felt the short term rentals were an opportunity but that care should be taken not to flood the marketplace. Dennis Warren made a motion to go out of Public Hearing seconded by Mary Marr Beckman. The motion Marshall Johnson moved that the request for short term rental permit for 1312 Iberville Drive be approved. Andy Phelan seconded. Discussion: Andy Phelan stated that the Ordinance is more or less specific to R-1 and asked if preserving R-1 was ever discussed. Had it been discussed as far as areas that would and would not be allowed? It seemed the Ordinance landed on a global city wide allowance. Marshall Johnson stated the original ordinance addressed commercial only and they realized they needed to address the rest of the city. He felt this was a very positive step in the right direction and wished the City had more control over standard rentals as well. Carolyn Martin stated it was looked at in every way they could think of. There was never consensus on any other way to look at it. However, if any neighborhood has an active HOA, the HOA has to submit a letter stating they support the rental. As far as use and zoning, it just addressed residential in general. Mary Marr Beckman stated they had discussed an overlay which would confine short term rentals closer to downtown, but there was never an agreement as to where the overlay should be. Ms. Beckman stated that if neighbors show up with concerns, the concerns should be taken into consideration PC Minutes Page 5 of 6

6 The motion carried with Marshall Johnson, Andy Phelan, Michael Pleasant, and L. Teno Henderson voting Aye, and Dennis Warren and Mary Marr Beckman voting Nay. V. Discussion A. Waterview District Ordinance Modification Request by Dennis Cowart. Carolyn Martin presented the memo and asked for it to be reviewed. The FEMA flood maps were updated in 2009 and the Waterview Ordinance had been adopted in 2007, leaving cause to look at adjusting some of the quantitative measures as far as what FEMA is now requiring. The ordinance needs to make sure they are not over penalizing the homeowners because of what FEMA is now requiring. She asked that the commission take Mr. Cowart s comments under advisement and provide input. The Commissioners discussed the possibilities with Carolyn Martin and Hilliard Fountain. B. Zoning Code/UDC Update Strategy. Carolyn Martin stated that many cities have incorporated the areas they could use of the Smart Code/UDC concepts into their current code rather than totally changing to a different type of code. She recommends that a smaller subcommittee goes through and completely reviews and compares the codes. Also there is a budget for working with a Planning Consultant. The City code is outdated. She recommended taking the things from UDC that would work and incorporating it with our current code. It was decided to postpone until after the Holidays. VI. Audience Request-None. VII. Adjourn Motion by Dennis Warren seconded by Andy Phelan to adjourn the meeting. The motion Marshall Johnson Planning Commission Secretary Date: PC Minutes Page 6 of 6