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PLANNING COMMISSION CITY MANAGER
Libby Bacon Diane Schleicher
Demery Bishop
Charlie Brewer ECONOMIC DEVELOPMENT DIRECTOR
Barry Brown, Chairperson Sharon Marshall
Sandy Chandler
Bill Garbett CITY ATTORNEY
Susan Hill Edward M. Hughes
John Major
Chuck Powell, Vice Chairperson
MINUTES
Planning Commission Agenda Meeting
March 12, 2007 – 7:00 p.m.
Chair Barry Brown called the March 12, 2007 agenda meeting to order. Other Planning Commissioners present
were: Libby Bacon, Demery Bishop, Charlie Brewer, Sandy Chandler, Bill Garbett, John Major, and Chuck Powell.
Susan Hill was absent.
Brown said that approval of the Minutes would be at the regular meeting on March 19, 2007.
Harold Yellin represented petitioner Chris Chandler for an event facility at 1126 Highway 80, PIN 4-0026-11-
023, Zone C-2. Commissioner Sandy Chandler recused himself. John Major asked about pine trees in an area
where parking was shown on the plan, and he asked for specifics of the parking plan. He talked about the 17
shown parking spaces allowing there to be 68 guests. Major asked about parking within 25 feet of the marsh.
Charlie Brewer asked if automobiles were allowed to traverse through the 25 foot buffer. Yellin talked about the
new ordinance [Section 4-050 (F)(2)(b)] requiring Chandler to have both Special Review and Site Plan Approval,
and that even though only Special Review would be considered by the Planning Commissioners at their meeting
the next week, he would bring the Site Plan. He talked about 6 things that the ordinance requires: parking, hours
of operation, capacity of the dwelling, compliance with noise limitations, use of live entertainment or amplified
sound equipment, and the methods of lighting, signage and buffering. Major asked who maintains the driveway.
Yellin said he would get an answer. The group discussed a deadline for submitting additional materials for the
meeting on March 19th and Yellin said he would do his best to comply with a deadline of 2:00 p.m. Thursday,
March 15th. Libby Bacon referred to an agreement letter in the packet from a property owner for an offsite
parking location. She requested similar letters from the other two owners of off-site parking sites. Chuck Powell
said the Commissioners needed to consider the new ordinance. He talked about some items that the Fire Marshall
and City Staff would determine. Chair Barry Brown said this petition was strictly Special Review. Demery Bishop
asked about a letter that was needed from the Department of Natural Resources [DNR]. Staff informed the
Commissioners that Chandler had not yet been received the letter. Yellin talked about a flag that DNR had
moved. Bishop clarified that parking in the buffer was a Site Plan Approval issue. Brown said it was. He said he
also had a Site Plan Approval question regarding the code requirement for a commercial project to have a
driveway width of 25-feet to allow for two-way traffic. Brewer asked Yellin to address issues about security, traffic
control and parking, and the identification of a person that would be in charge at the events. Brown spoke to the
Commissioners about this being the first petition under the new ordinance. The item was placed on the agenda
for the March 19th Planning Commission meeting.
Paul Wolff represented a Site Plan Approval petition for a residential bed and breakfast at 8 Moore Avenue, PIN
4-0002-03-020, Zone R-1-B. Wolff said that since October of 2000 they have rented their downstairs as a
vacation rental. He said they are technically a single-family home and when they rent the downstairs the kitchen
goes with it. Wolff said that before he started renting it he spoke with Chuck Bargeron [City Marshal] and Bubba
Hughes [City Attorney] to make sure he was in compliance with the code and they assured him he was, although
it was a gray area. He said with the attention that has been paid to vacation rentals in residential zones he wants
to be sure that he is in full compliance. He said he is proposing to do a residential B&B and still rent out the
downstairs as one unit. He said it is two bedrooms so they need a parking space for each bedroom plus two for
themselves because they live onsite. He said he built a 6-foot buffer on the two sides that are immediately
affected. Demery Bishop clarified it was the downstairs and was 2 bedrooms. Chuck Powell clarified it was
2
considered one unit. Chair Barry Brown asked if it was below the floodplain. It was clarified that the structure was
elevated. Bill Garbett asked Wolff to elaborate on the gray area he had mentioned. Various sections of the code
were discussed. Garbett asked Wolff if he would always be present since it was a residential B&B. Wolff said he
did not know why he would not be. John Major asked about signage. Wolff said any sign would not be more than
4 square feet and would hang on a balcony rail. Charlie Brewer asked if Wolff can access the upstairs without
going through the rental area. Wolff explained the configuration of an outside staircase that allowed separate
access. Brewer asked if Wolff has been paying hotel/motel tax. Wolff said he has. Chair Barry Brown asked
Sharon Marshall if a certified survey showing the parking was required since the petition was for Site Plan
Approval. Referring to the survey he had submitted, Wolff said that Whitley Reynolds did the survey. Brown said
the survey was from 1996. Wolff said that was when he built the house. Brown asked if the petition should have
a current survey and a site plan done by a surveyor since it was Site Plan Approval. Brown asked about the hand
drawing on the survey. Wolff said he did the hand drawing and it was to scale. Land Development Code Section
5-010 (A), which was adopted in 2006, was discussed. Brown said he was referring to a parking plan by a
surveyor. Sandy Chandler asked about an orange line on the survey reducing the front setback. Wolff said it was
the edge of the parking. He said he has 6 spaces shown and he needs 4. Demery Bishop said they needed
something that delineates the parking. Brown agreed. Marshall said the ordinance does not call out the survey
requirement so it is interpretation. Marshall said the Planning Commission could designate what they wanted from
Wolff. The topic was discussed further. Brewer asked about the 6-foot buffer. Wolff said it was lattice and he was
going to plant climbing vines. Brown told Wolff the petition would be on the March 19th agenda.
The next item for consideration was a Text Amendment proposal to apply Section 4-050 (F)(2)(b) of the Land
Development Code, which is for Zone C-2, to Zone C-1. This section relates to Special Event Facilities. Bill
Garbett asked that the submittal to the Planning Commissioners be written in the format as it would be if it was
adopted. It was discussed that wherever the amendment said “C-2,” it would be changed to “C-1.” Garbett asked
that from now on proposed Text Amendments be presented as they would be adopted. He said this one was
simple but the next two were more complicated.
A proposed Text Amendment to the Land Development Code related to Coastal Protection was the next
item. After discussion it was decided to put it on the agenda for the April 17th Planning Commission meeting
rather than the March 19th meeting. The Commissioners asked Sharon Marshall to speak with City Attorney
Bubba Hughes regarding several questions related to the proposed Text Amendment.
A proposed Text Amendment to Article 15, Soil Erosion and Sedimentation Control, of the Land
Development Code was discussed and placed on the March 19th agenda. Sharon Marshall agreed to ask City
Attorney Bubba Hughes the questions the Commissioners had related to the proposed Text Amendment.
Bill Garbett requested that when proposed Text Amendments are submitted to the Planning Commission that the
current passages that are going to be deleted be struck through and any new language be in bold type. He also
requested that the agenda meeting Minutes be available prior to the regular meeting. It was decided that the
agenda meeting Minutes would be emailed to the Planning Commissioners before the end of the work week of
each agenda meeting.
Chair Barry Brown clarified that the Commissioners should channel all requests for information to him, and then
he would contact City Staff or the City Attorney. Sharon Marshall asked the Commissioners if they wanted City
Attorney Bubba Hughes at the next Planning Commission meeting to assist with the proposed Text Amendments.
The group expressed their desire that Hughes attend every Planning Commission meeting. Public Hearing
procedures, email protocol, and protocol for contact with the public were discussed. A need for checklists for
petitions was discussed and Sharon Marshall said she would prepare them.
The meeting adjourned.