The Minutes of the City of Ocean Springs Planning Commission Tuesday, March 14, 2017

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1 The Minutes of the City of Ocean Springs Planning Commission Tuesday, March 14, 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, March 14, Members present were Andy Phelan, Marshall Johnson, Michael Smith, Rob Blackman, Joshua Drummond, and L. Teno Henderson. Also present were Carolyn Martin, Planning and Grants Assistant; Wade Morgan, Planner; James Foster, City Engineer; Kevin Melchi, City Attorney; and Amanda Moser, Planning and Grants Assistant. 2. Approval of minutes February 14, 2017 A motion was made by L. Teno Henderson seconded by Josh Drummond to approve the minutes as submitted. The motion was unanimously carried. 3. Old Business a) PUBLIC HEARING: REVISED Amendment to the Ordinance of the City of Ocean Springs, Mississippi being Ordinance No , as amended, by revising provisions for a bed & breakfast enterprise in R-1 zone after public hearing. A motion was made by Marshall Johnson seconded by L. Teno Henderson to go into public Carolyn Martin informed the Commission that the Board of Aldermen wanted neighbor input added to the revised ordinance. Working with the City Attorney, it was agreed to add a requirement of an eligible application to include more than 50% non-objection of neighbors within a 250 ft. radius. Andy Phelan wanted to confirm the non-objection was a special condition of approval. Carolyn answered it is not a condition of approval, but a pre-requisite of moving forward. Andy also wanted to confirm if the 500 ft. radius would still be used to notify neighbors in general. Carolyn confirmed. Andy asked if it would be very difficult for the applicant to get quick approval of neighbors. Kevin Melchi answered that legal issues apply to allowing an activity in a zone, and then asking for further approval, but you can require it to be done prior to moving forward with a Commission recommendation or approval. 1 P a g e

2 Rob asked if the 250 ft. radius would be included in the life safety list. Carolyn answered it would not, but it would be included on the fact sheet provided to applicants, so they are aware of the process. Mayor Connie Moran address the Commission, inquiring about the radius being measured from the center of the property versus the parcel boundary line. Michael Smith asked if the applicant would receive the property ownership information to get their 50% non-objection. Carolyn answered they would be provided with a list of their neighboring property owners with information from county land records, and selfaddressed, stamped envelopes for property owners living far away. A motion was made by Marshall Johnson seconded by Rob Blackman to go out of public A motion was made by Marshal Johnson seconded by L. Teno Henderson to recommend approval of the ordinance modification related to bed and breakfast activity in residentially zoned districts as proposed including the inspection criteria list as presented. Andy Phelan asked Marshall to confirm he is ok with the 250 ft. radius from the property boundary. Marshall confirmed yes. The motion was unanimously carried. 4. New Business a) PUBLIC HEARING: Ocean Springs Road, PID# Stuart Jones Requesting Preliminary Plat approval for the Cason s Cove development. A motion was made by Rob Blackman seconded by Michael Smith to go into public Wade Morgan addressed the Commission. The sketch plat was approved by the Planning Commission on 12/13/16 and the Board of Alderman on 12/20/16. The property is zoned R-2, making the required lot size of 11, 250 sq. ft. The smallest lot on the plat is 11, 263 sq. ft. and the largest is just over 15,000 sq. ft. The plat is almost identical to what was approved during the sketch plat approval. Richard and Patricia Chiles, 8801 Ocean Springs Road, spoke in opposition. Mr. Chiles spoke regarding the zoning change, to which Rickey responded it was already approved. Mr. Chiles added there is construction being done at 4 a.m. He added there are trees and bamboo growing over their property line. Mrs. Chiles believes there are wetlands on the property because it s ponding. Mr. Chiles stated the ditches are plugged with trees. They filed a police report for the noise complaint. 2 P a g e

3 Elaine Parker, 8604 Ocean Springs Road, spoke in opposition. She has noticed increased moisture in her backyard, which she believes could be from Cason s Cove being pumped out. She claims they have dump trucks hauling dirt out of the property, and they are damaging the shoulder of Ocean Springs Road on both sides. Stuart Jones, Paige Bayou Road in Vancleave, applicant of the project, rebutted. He informed the commission that he only owns one dump truck that hauls 8-10 loads of dirt per day. The pit doesn t open until 7 am, sometimes 6:45. He only has laid the base for a road, which is allowed under a land work permit. Andy Phelan asked if the plat presented was the same as the previous, because the 100 foot centerline is not indicated. James Foster replied the bus model auto turn was used in lieu of the 100 foot centerline. Andy asked regarding the early morning working of the construction equipment, if it was in the noise ordinance. He asked James if permits were issued to the contractor. James confirmed the land work permit was issued. Andy questioned James if he had reviewed a grading plan, if he was satisfied with it, and if it would affect the neighbors. James answered he has reviewed it and if the contractor follows what is on the plan, it shouldn t affect any neighbors. Rob Blackman and Andy Phelan asked if the contractor had the engineer confirm that a wetland delineation was performed onsite to verify their claim that there are no wetlans. Jeff confirmed there are none. Rob Blackman stated the flood zone is X. Rob added the city has a dawn till dusk policy regarding construction working. Stuart Jones stated he used a pump on a Sunday that was only used for approximately an hour. Mr. Jones has spoken with the church that is adjacent to the property, and plans are being created to clear some of their land at the contractor s expense. A motion was made by Rob Blackman seconded by Josh Drummond to add the Chiles letter to the minutes. The motion was unanimously carried. A motion was made by Andy Phelan seconded by Rob Blackman to go out of public A motion was made by Andy Phelan seconded by Josh Drummond to recommend approval of the preliminary plat for the Cason s Cove subdivision located at as presented in the report. Rob Blackman added that the project is a legal use in the zone, and is moving forward as approved. He asked the contractor to follow all rules and regulations regarding times of work, etc. The motion was unanimously carried. b) PUBLIC HEARING: 205 Audrey Circle, PID# Harold and Derick Harden Short Term Rental Request 3 P a g e

4 A motion was made by Rob Blackman seconded by Andy Phelan to go into public Carolyn Martin introduced the proposal. The property owner s son, Derick Harden, will be the property manager, and his addressed fulfills the residency requirement. All information was submitted as required. 71 property owners were notified, and no feedback, at the time of the report, was received. The inspection was performed and passed on February 15 th. The requested occupancy was six, which was reduced by the fire marshal to five. Four vehicles were approved, but restricted to three by the property owner. No violations were found within in the past twelve months. Everything is compliant, therefore the Planning Department recommends approval subject to annual renewal. Gina Lindsey Warren, grand-daughter of the applicant, spoke on behalf of him. She wanted to address the commission and explain they are limiting the cars, fining guests who park on the street, extending the noise ordinance hours, and not allowing house parties/gatherings. Joe Shields, 208 Audrey Circle, spoke in opposition. He disagrees with commercial activity in a residential zone. Carolyn Martin clarified it is not allowing commercial activity, just the length of stay for guests being less than 30 days. He is concerned with undesirable people being in his neighborhood. Carolyn informed him to document any undesirable activity to the police department or the planning department, and their permit can be revoked. Rob Blackman asked how many residential short term rental permits have been issued. Amanda Moser replied this would be 21 if approved. A motion was made by Rob Blackman seconded by L. Teno Henderson to go out of public A motion was made by Rob Blackman seconded by Michael Smith to recommend approval of the short term rental permit for 205 Audrey Circle subject to annual renewal. The motion was unanimously carried. c) PUBLIC HEARING: 507 Williams Avenue, PID# Lisa Thomas Short Term Rental Request. Carolyn Martin introduced the proposal. 49 property owners were notified. The property owner will be serve as the property manager. The inspection was passed on February 14 th. The maximum occupancy was requested and approved at four. The current rental agreement states seven allowed occupants, but will be changed prior to board approval. Maximum vehicles were requested and approved at two. Access is gained to the property by accessing the driveway for 509 Williams Avenue. 4 P a g e

5 Charles Young, 516 Williams Avenue, spoke regarding the proposal. He does not oppose the rental, but has a complaint that four garbage cans are always on the street, and never brought in. Carolyn Martin answered the complaint will be forwarded to the building department for enforcement. Troy Million, 3804 Cabildo Place, who own 504 Williams Avenue, asked questions about the short term rental process. He inquired about discrepancies on the application versus what was being presented to the Commission. Carolyn answered that sometimes the application is updated prior to being presented to the Commission. Carolyn reiterated to report any complaints to the police department or the planning department. Rob Blackman asked Carolyn out of the twenty short term rental permits issued, how many complaints had been received. Carolyn replied none. Andy Phelan asked if the property owner information for each permit is public record. Carolyn confirmed there is a list that can be provided upon request of all contact information. A motion was made by Rob Blackman seconded by L. Teno Henderson to go out of public A motion was made by Andy Phelan seconded by Rob Blackman to recommend approval of a residential short term permit subject to annual renewal and to reflect the maximum occupancy of four and the allowed vehicles of two as approved by city staff. The motion was unanimously carried. d) PUBLIC HEARING: 509 Williams Avenue, PID# Lisa Thomas Short Term Rental Request. A motion was made by Marshall Johnson seconded by Andy Phelan to go into public Carolyn Martin introduced the proposal. 43 property owners were notified. The inspection was performed and approved in January. The maximum occupancy was requested and approved at six. The maximum vehicles were requested and approved at four. No complaints were received in the last twelve months. No input was received at the time of the report. Charles Young, 516 Williams Avenue, spoke in favor of the project. Marshall Johnson indicated the discrepancy on the rental agreement stating 7 as the maximum occupancy. Carolyn replied the same agreement will be used for 507 and 509 Williams Avenue, and will be corrected prior to board approval. 5 P a g e

6 A phone call in support of the property was received today by Susan Reed. A motion was made by Rob Blackman seconded by L. Teno Henderson to include the phone call of support by Susan Reed to the minutes. The motion was unanimously carried. A motion was made by Marshall Johnson seconded by Michael Smith to go out of public A motion was made by Andy Phelan seconded by Rob Blackman to recommend approval of a residential short term permit subject to annual renewal and have it reflect the maximum occupancy that was approved by the fire department and city staff. The motion was unanimously carried. 5. Audience Request None. 6. Commissioner s Forum Joshua Drummond asked Carolyn for a sales tax update. Carolyn answered we haven t received anything further. We can request information from the state if there is a problem with a particular address, but cannot request all property information on a regular basis. We can monitor their privilege license with the city. Marshall Johnson inquired where it is in print that the Planning Commission approves/hears zoning changes. Wade Morgan answered it is in the ordinance created about the Planning Commission that it is in their powers. Rickey Authement stated a property on Iberville that was issued a short term rental permit previously, is for sale. Carolyn Martin stated the permit would not be transferrable, and a new permit would need to be applied for by the new owner. 7. Adjourn A motion was made by Rob Blackman seconded by L. Teno Henderson to adjourn the meeting. The motion was unanimously carried. 6 P a g e