The Minutes of the City of Ocean Springs Planning Commission Tuesday, September 13, 2016

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1 The Minutes of the City of Ocean Springs Planning Commission Tuesday, September 13, 2016 I. Call meeting to order A meeting of the City of Ocean Springs Planning Commission was called to order by Chairman Ricky Authement at 6:00 p.m. on Tuesday, September 13, Members present were Marshall Johnson, Michael Smith, Rob Blackman, Joshua Drummond, and L. Teno Henderson. Andy Phelan was absent. Also present were Kevin Melchi, City Attorney; Carolyn Martin, Planning & Grants Administrator; Wade Morgan, Planner; Hilliard Fountain, Building Official; and Amanda Moser, Planning & Grants Assistant. II. Approval of minutes August 9, 2016 A motion was made by L. Teno Henderson seconded by Marshall Johnson to approve the minutes as submitted. The motion was unanimously carried. III. Old Business a) Adoption of Revised By-Laws A motion was made by Michael Smith seconded by L. Teno Henderson to adopt the revised by-laws as submitted. The motion was unanimously carried. b) Review of Building Codes Related to B&B Eligibility Rickey Authement said there were several correspondences going back and forth regarding questions about the building codes. He said if any further questions were to come up, please send it by and it will be discussed. IV. New Business a) PUBLIC HEARING: 3206 Government Street, PID# Sandra Markland Requesting a special use permit allowing a child care in her residential home, zoned R-2 (Single-Family Residential District). A motion was made by Marshall Johnson seconded by L. Teno Henderson to go into public hearing. The motion was unanimously carried.

2 Sandra Markland, 3206 Government Street, introduced her application to the Commission. She just wants to give a service to the community, especially at night, when there are no other places to do so. Carolyn Martin and Wade Morgan further explained Mrs. Markland s application regarding her certifications, parking strategies, and hours of operation, with emphasis on no pick up of children between 10 pm and 5 am. Mr. Morgan explained anyone who cares for more than 6 children in their home, per state regulation, needs a permit. Mrs. Markland informed the commission that she cannot obtain a state license until she receives a permit to do so in a residential district. Marshall Johnson asked the maximum number of children Mrs. Markland had at one time. She said seven at one time. No proponents spoke for Mrs. Markland. John McCarthy, 3605 Reeves, spoke as an opponent. He said the traffic would be an issue. Ernest Green, 106 North Street, spoke as an opponent. He does not want the extra noise in the neighborhood. He used Mrs. Markland s day-care in the past when she operated at 265 Holcomb Boulevard. He discontinued use when he picked his grandson up and he was unaware that she was watching her grand-daughter without his knowledge. Brent Lewis, 202 North Street, spoke as an opponent. He is concerned if she is allowed to run a commercial business out of her R-2 home, what will come next. Ernie Pettis, 3300 Government Street, spoke as an opponent. He does not want a precedence set for other businesses to come. He spoke to someone at the Department of Health in Pascagoula who said an unlicensed person could have up to 5 children in their home. He produced to the commission pictures of Mrs. Markland s Facebook page showing nine children in the room at one time. He also provided an opposing letter from Mr. Carlos Mendoza. Joshua Drummond asked if she had obtained a business license. Carolyn told him it was intended after her day-care license is obtained. L. Teno Henderson asked Carolyn the proximity of Mrs. Markland s property to commercial zoning. Carolyn informed him it is less than 500 feet to the north. Mr. Henderson stated he had not seen any disruption of traffic issues with 3206 Government Street as long as he has lived in that neighborhood.

3 Robert Blackman inquired about the times. He wanted to know from Carolyn if those times were something that could be held to. Carolyn stated if that was a stipulation of the permit, then yes. Mr. Blackman asked if a cap could be placed on the number of children she watches. Carolyn informed him the State of Mississippi mandates numbers, but a cap could be placed as a stipulation, if the commission requested it be. Hilliard Fountain told the commission that he knows the State does have a square foot per child area, but 3206 Government Street has not be inspected for occupancy yet. Michael Smith questioned the letter that was turned in during the meeting. Carolyn explained the letter was just received, so it was not included in the packet. Rickey Authement inquired how the enforcement of the five children would be taken care of. Carolyn stated it would be the job of Code Enforcement if a complaint was received. A motion was made by Marshall Johnson seconded by Rob Blackman to go out of public hearing. The motion was unanimously carried. Marshall Johnson stated the criteria and standards for a day-care center in the city. He said the city has criteria for bed and breakfasts, but nothing for a day-care. He said the application process is not fair to the individual because it is not complete without the criteria. A motion was made by Rob Blackman seconded by L. Teno Henderson to table the item until we can establish the maximum number of children that will be at the facility and until the building department can do a code review and does a side-by-side comparison with state requirements. The motion was unanimously carried. b) 2124 Government Street, PID# Jon David Johnson Requesting a lot split. Wade Morgan introduced the proposal regarding splitting the lot into two parcels approximately 18,500 square feet each. Marshall Johnson asked Jon-David Johnson if any trees would need to be cut down to build on the empty lot. Jon-David Johnson said that yes, in the future, that would be the case. Michael Smith asked if the access to the original building would be changed. Mr. Jon- David Johnson informed him the access would stay the same, with an access easement on the northern property, and it also has access from Bills Avenue on the east side of the property.

4 A motion was made by Marshall Johnson seconded by Rob Blackman to approve the lot split as proposed subject to approval of the tree committee. Hilliard Fountain asked the commission to reconsider the tree committee involvement until construction of a building occurs because his tree application could be years out, which would prohibit the lot split, prohibiting Mr. Jon-David Johnson to be able to sell the property. Marshall amended his motion to approve the lot split as submitted seconded by Rob Blackman. The amended motion was unanimously carried. VI. Audience Request Joe Cloyd, 433 East Beach Drive, wanted to address the commission regarding the reports and letters filed by his attorney, Jim Reeves, regarding the application for a bed and breakfast at 435 East Beach Drive. He wants the commission to use all submitted information considered when the application is reviewed. Dempsey Levi, 401 East Beach Drive, addressed the commission regarding the application for a bed and breakfast at 435 East Beach Drive. He does not object to bed and breakfasts, but he does not want it on East Beach Drive. He does not have anything personal against Mr. Scott Walker, but he does not believe that Mr. Walker and his wife will be on site to look after a bed and breakfast. He told the commission it is not the right time. Scott Walker, 435 East Beach Drive, address the commission regarding his application for a bed and breakfast at his residence. He stated he passed his inspection, his occupancy level and his vehicle maximum. He informed the commission he has been patiently waiting since April 25 th when he submitted his application, and is seeking a final answer. Clark Levi, 441 East Beach Drive, addressed the commission. He expressed his opposition. He informed the commission he has a short term rental downtown, in a commercial district, where bed and breakfast and short term rentals are supposed to be, per his opinion. Jane, 439 East Beach Drive, address the commission regarding her concern of a bed and breakfast on East Beach Drive due to her mother s safety. Her mother is elderly, and is not comfortable with people coming and going. Douglas Roll, 105 Holcomb Boulevard, addressed the commission. He feels that since the spring of this year, he basically lives next door to a hotel. He purchased the home in a R-1 residential neighborhood, not commercial, and feels like he is being forced to live next to a hotel.

5 Scott Walker, 435 East Beach Drive, re-addressed the commission. He said the people that rent his home are prominent individuals, such as a country music singer, the owners of Yeti coolers, a state senator, etc. He informed them he meets all the criteria, he meets the laws, and he passed all the inspections. Rickey Authement informed him the commission is not voting on any applications regarding 435 East Beach Drive at this time. VII. Commissioner s Forum VI. Adjourn A motion was made by L. Teno Henderson seconded by Rob Blackman to adjourn the meeting. The motion was unanimously carried.