The Minutes of the City of Ocean Springs Planning Commission Tuesday, May 08, 2018

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1 The Minutes of the City of Ocean Springs Planning Commission Tuesday, May 08, Call meeting to order A meeting of the City of Ocean Springs Planning Commission was called to order by Chairman Marshall Johnson at 6:00 p.m. on Tuesday, May 08, Members present were Michael Smith, L. Teno Henderson, Andy Phelan, Elizabeth Feder-Hosey, Denise Cuevas, and Matthew Hinton. Also present were Carolyn Martin, Planning & Grants Administrator; Wade Morgan, Planner; Kevin Melchi, City Attorney; James Foster, City Engineer; and Amanda Moser, Planning & Grants Assistant. 2. Approval of minutes April 10, 2018 A motion was made by Michael Smith seconded by Denise Cuevas to approve the minutes as submitted. The motion was unanimously carried. 3. Public Comment (Agenda Items) None. 4. Old Business None. a) 1 Davis Bayou James Little Rezoning Carolyn gave a summary. Kevin Melchi, City Attorney, found that the covenants are separate from city code and not enforced by the city. Alderman Michael Impey III spoke in opposition. He feels when a property is purchased with covenants in place, it is worth honoring. He feels the neighborhood will be encroached upon with commercial development. He understands interest being shown in the east side of Ocean Springs, but further down would be better suited in his opinion. James Little, applicant, addressed the commission. He said opinions are not relevant, the neighborhood has significantly changed, and denying the rezoning request would be unreasonable, arbitrary, capricious, and maybe illegal. He emphasized that the corner of Bienville and Hanshaw is one of the busiest in the city. He added that his lot sits directly adjacent to a gas station and a new commercial development, The Village. He further explained that a subdivision is not a neighborhood. A neighborhood defined by any legal reference is a surrounding area or district where the people carry out their daily lives. It s where they shop, bank, go to church, it s where they gather.

2 A motion was made by Elizabeth Feder-Hosey seconded by Andy Phelan to recommend approval of the rezoning because she believes Mr. Little in his last presentation has shown by clear and convincing evidence that the nature of the area has changed and that it is a highly commercial area at this point and she thinks any decision not to find that would be rooted in emotion which is an arbitrary decision and she believes that rezoning complies with Ocean Springs s Comprehensive Plan and that our strategic comprehensive plan that Highway 90 is supposed to be the economic engine of our city and she can t see it any other way. The nature of the area has changed by clear and convincing evidence and the public need dictates that they should rezone this into commercial. The motion was unanimously carried. 2 P a g e

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9 b) 500 Bienville Boulevard Infinity Management Group, LLC Request to modify sketch plat approval to a simple lot split Wade Morgan gave a summary. The applicant wishes to modify their sketch plat approval into a simple lot split to create two lots in lieu of three. The applicant has coordinated with MDOT to widen the drive-way to create an access way to the northern most lot. Gail Right, 615 First Avenue, addressed the commission. She assumed a subdivision was going to be built. Carolyn Martin clarified their request was a simple lot split, not a development. A motion was made by Andy Phelan seconded by L. Teno Henderson to recommend to rescind the sketch plat recommendation from March 13 th that was already approved by the Board of Aldermen and recommend approval of the new lot split to create two lots. The motion was unanimously carried. 5. New Business a) 1802 Kensington Avenue, PID# Drummond Real Estate & JHS Enterprises, Inc. Request for a lot split. Wade Morgan explained to the commission that the item is being removed from the agenda due to the variance not being recommended for approval by the Zoning and Adjustment Board earlier in the evening. b) 802 Iberville Drive, PID# Laura Bolton Request for a lot split. Wade Morgan introduced the proposal. The applicant is requesting the property be reverted to their original 50 foot wide lots platted in the Dr. Bailey s Subdivision. Laura Bolton, 106 Iberville Landing Drive, applicant, addressed the commission. She is requesting they approve the lot split request so they can create Iberville Landing South, an extension of their Iberville Landing subdivision. A motion was made by Denise Cuevas seconded by Matthew Hinton to recommend approval of the lot split as stated. The motion was unanimously carried. c) PUBLIC HEARING: 1017 Lafontaine Avenue, PID# Charles Riley & Anne-Marie Crifasi Request for a Short Term Rental. A motion was made by Michael Smith seconded by Denise Cuevas to go into public hearing. The motion was unanimously carried. 9 P a g e

10 Carolyn Martin introduced the proposal. The location previously served as a bed and breakfast with the previous owner. The local property manager fulfills the requirements. 39 neighbors were notified, and no feedback was received. The maximum occupancy for the entire property was established as nine. There are three distinct areas, but the maximum was set for the property as a whole. Again, the property was previously configured for a bed and breakfast. The maximum number of vehicles was requested and approved at six. No complaints of previous rental activity was received. Michael Smith asked why two inspection sheets were in the packet. Carolyn replied that there were two inspections. The first covered two units, the second covered the main dwelling. Charles Riley, applicant, introduced himself and Anne-Marie Crifasi to the commission and public. A motion was made by Denise Cuevas seconded by Elizabeth Feder-Hosey to go out of public hearing. The motion was unanimously carried. Andy Phelan noted a thumbs-up to the applicant for going door-to-door and introducing themselves to the neighbors. A motion was made by Elizabeth Feder-Hosey seconded by Denise Cuevas to recommend approval of the Short Term Rental subject to annual renewal. The motion was unanimously carried. d) PUBLIC HEARING: First Avenue Rezoning, PIDs# , , and City of Ocean Springs Requesting for rezoning from R-2 (single-family residential) to R-4 (multi-family residential). A motion was made by Michael Smith seconded by Andy Phelan to go into public hearing. The motion was unanimously carried. Wade Morgan introduced the proposal. The study was initiated by the Planning Department jumpstarted by a project for the parcel located on the Northeast corner of Porter Avenue and First Avenue. The parcels are currently zoned R-2 but are surrounded by commercial properties. The northern two parcels are undeveloped. The southernmost parcel currently has six cottages. The area could serve as a buffer area between residential and commercial areas in the district. Andy Phelan asked Wade if he felt the area was a mistake in the original zoning or if there has been a change in character. Wade replied there has been a change in the character of the area. Kevin Melchi clarified a mistake in the original zoning refers to an administrative mistake. Carolyn added the parcel on the northeast corner of Porter 10 P a g e

11 Avenue and First Avenue was a mistake in zoning. An administrative staff member mistakenly put the incorrect zoning on the online mapping system. Odile Million, 504 Williams Street, wanted clarification of what properties were being discussed. Wade used a PowerPoint presentation to point them out. Odile asked if the Katrina cottages on one of the parcels were going anywhere. Carolyn and Wade both answered no, they are staying. Wade added the cottages don t currently conform to the zoning of the property, the zoning change would correct it. Odile asked if multi-family units would be put there. Carolyn responded it would be possible in R-4, but it could also be used for single-family units. Danielle Wright, 615 First Avenue, asked how the change will affect where she lives. Carolyn replied no, it would only affect the parcels named above. Danielle added if a development were to go there, she would be concerned with parking. Carolyn informed her that design review would address parking concerns prior to construction of a development. Tamela Gartman, 7725 Davenport Lane, owner of one of the proposed rezoned parcels, noted that she does not have any set plans for the property at this time. Neal Olive, 610 Azalea Drive, spoke in opposition. He is concerned with parking. He provided a petition consisting of eight signatures in opposition of the rezoning. He feels the value of surrounding properties will go down. Joshua Drummond, 2804 Cambrai Circle, addressed the commission. He wanted to note that the parcels containing the Katrina cottages are currently zoned R-2. How did they get there? A zoning change would be correcting something to match what is already there because the Katrina cottages don t meet the standards for R-2. Matthew Minor, 511 Azalea Drive, addressed the commission. He had trouble driving down First Avenue towing a boat because of the limited space. He referred to the Katrina cottages being allowed there due to social zoning after Hurricane Katrina. He doesn t think it makes much sense to increase the density in the area. A motion was made by Andy Phelan seconded by Denise Cuevas to go out of public hearing. The motion was unanimously carried. Matthew Hinton inquired why R-3 wasn t purposed versus R-4. Wade responded that the existing cottage property was looked at when calculating the proposed density. R-3 would not allowed for that density. Andy Phelan stated he is in favor of this change to serve as a missing buffer for residential and commercial uses. He sees the change in character of the neighborhood 11 P a g e

12 and feels the change would follow the Comprehensive Plans need for smaller housing in the downtown area. A motion was made by Andy Phelan seconded by L. Teno Henderson to recommend that based on the compliance with the Comprehensive Plan as well as a change in character of the neighborhood to approve the rezoning of the parcels identified in the packet from R-2 single-family to the R-4 multi-family district. The motion was unanimously carried. 6. General Public Comment None. 7. Commissioner s Forum None. 8. Adjourn A motion was made by Elizabeth Feder-Hosey seconded by Andy Phelan to adjourn the meeting. The motion was unanimously carried. 12 P a g e

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