City of Ocean Springs

    Minutes - March 26, 2019 - 5:30 p.m. Special Call Meeting

    SPECIAL CALL MEETING MARCH 26, 2019


    Be it remembered that the Mayor and Board of Aldermen of the City of Ocean Springs met in a Special Call meeting at City Hall in the City of Ocean Springs at 5:30 p.m. on March 26, 2019.  The Mayor presiding, Aldermen Cox, Authement, Bellman, Papania, Blackman and Impey were present.  Also present were City Clerk Patty Gaston and City Attorney Kevin Melchi. Alderman Gill was absent.

    The Mayor called the meeting to order.

    The Special Call Meeting is for the purpose of any and all matters pertaining to the Public Hearing and Consideration of Unified Development Code (UDC) and the adoption of the Unified Development Code (UDC) (Exhibit b).

    The Mayor started the meeting by asking all in attendance to be calm and collected.

    Motion was made by Alderman Cox, seconded by Alderman Impey and unanimously carried to go into public hearing.

    The Planning/Grants Administrator said the UDC includes the changes that were requested in the previous meeting and then she asked the City Planner to explain further. He emphasized that the UDC was first proposed in 2010, it was recommended as part of the adopted Ocean Springs Comprehensive Plan. The stakeholders group was created in 2016, which met eight times going over in detail all the chapters, sections and requirements; the Planning and Engineering staff held two public information meetings in April 2018; the Planning Commission has also held two public hearings regarding the UDC. There are three revisions voted on by the Board of Aldermen in February 2019 and a corrected typographical error to Table 3.5 that have been incorporated into the UDC. The revisions/amendments are: designate the R-1A districts as RM-1 multi-family districts; revise the authority of the Zoning and Adjustment Board to approve variances from 50% to 25%; and grant the Public Works Director the authority to approve the number of driveways in relation to residential properties.  
     
    Alderman Cox asked the City Planner to explain the five foot setbacks further. He explained the five foot set backs are in the RM-1 and RM-2 zoning districts and those will be internal setbacks within a development. The requirement for multi-family developments is 25’ wide buffer zone where it is along streets or single family zoned areas.

    The Mayor opened Public Comment at 5:40 p.m.

    Lynn Blackwell, Brunini Law Firm 160 Porter Avenue Biloxi, MS, representing some objectors to the UDC. Spoke against the UDC.

    Mike Illane, 303 Front Beach Drive, spoke against the UDC.

    Col. Robert Lewis, 415 Ruskin Avenue, spoke about the history of Ocean Springs and the significance of the property of The Sands.

    Ben Cheney, 604 Cleveland Avenue, spoke against the changes in the UDC at the last Board of Alderman meeting.

    Virginia Chan Newton, whose mother lives at 410 Wulff Drive, spoke against the Sands Development.

    Scott Edward, 409 Wulff Drive and 504 Cleveland Drive, spoke against the zoning changes in UDC and the Sands Development.

    Shirley Godsey, 502 Martin Avenue, spoke against the Sands development.

    John Godsey, 502 Martin Avenue, spoke against the Sands development.

    Sylvia Bosco, 509 Front Beach, spoke against the zoning changes in the UDC.

    Donovan Scruggs, representing the Sands, spoke in favor of the Sands Development and said he was generally in favor of the UDC but expresses some reservations.

    Lee Brumfield, developer of the Sands, spoke in favor of the Sands Development and the UDC.

    Carl King, 1203 Hammersmith Lane, spoke about the good character and integrity of Mr. Brumfield and in favor of the Sands development.

    Robert Schwartz, attorney that represents the Sands and Mr. Brumfield, spoke in favor of adopting the UDC.

    Motion made by Alderman Authement, seconded by Alderman Bellman and unanimously carried to come out of Public Hearing.

    Alderman Cox asked the City Planner to review setbacks once more. He explained the incorporation of the 25 foot buffer zone was a recommendation of the Planning Commission for apartments and multifamily developments but not for single family dwellings, duplexes or townhomes as currently drafted. Single family RM-1 zoning district minimum set back on front, back and side is 5’ and 10’ on the street side is required for single family, duplexes and townhomes. Alderman Papania asked if that allows a 25% variance, he replied that the Zoning and Adjustment Board and Board of Aldermen could approve up to a 25% variance.

    Alderman Impey discussed the topic of short term rentals and said that when the ordinance was approved there was a cap of thirty-five rentals. The City Planner said that there are only three or four remaining. Alderman Impey also inquired about the implementation of the UDC. The City Planner said it would go into effect in thirty days, any developments that are currently in the application or planning stages would fall within the current regulations.

    Alderman Papania asked the City Planner about setbacks and square footage in RM-1 zoning. He replied there were no changes for RM-1 or RM-2 and R-1A has 13,500 square footage for lot size and set backs are 25’ front, 10’ sides, and 25’ rear.

    Motion was made by Alderman Blackman, seconded by Alderman Cox and unanimously carried to go into closed session to determine the necessity of going into executive session.

    The City Clerk returned to the meeting and announced a motion was made by Alderman Blackman, seconded by Alderman Cox and unanimously carried to remain in executive session to discuss pending litigation regarding the adoption of the Unified Development Code (UDC).

    Motion was made by Alderman Papania, seconded by Alderman Impey and unanimously carried to come out of executive session.

    A motion was made by Alderman Papania and seconded by Alderman Bellman to adopt the Unified Development Code as presented (Exhibit b). The motion carried with a roll call vote as follows:
      
       Alderman Gill                  Absent
       Alderman Authement      Aye
       Alderman Bellman          Aye   
       Alderman Cox                 Aye
       Alderman Papania           Aye
       Alderman Blackman       Aye
       Alderman Impey             Aye

    Alderman Cox announced that the UDC is for the entire community of Ocean Springs, not just for one developer or one citizen.

    Motion was made by Alderman Authement, seconded by Alderman Bellman and unanimously carried to adjourn the Special Call meeting.

    The meeting ended at 7:35 p.m.


    __/s/Patty Gaston________                     ___/s/Shea Dobson______
     City Clerk                                                  Mayor

    __04/16/19_____________                     ____04/16/19___________
     Date