I. Call Meeting to Order The Minutes of the City of Ocean Springs Planning Commission Meeting Tuesday, February 10, 2015 @ 6:00 p.m. A meeting of the City of Ocean Springs Planning Commission was called to order by Chairman Rickey Authement on Tuesday, February 10, 2015 @ 6:00 p.m. Members present: Jack Kelly, Dennis Warren, Mary Marr Beckman, and Bobby Edwards. Charles Rivers, Michael Pleasant, and Lori Carter were absent. Also present: Carolyn Martin, Planning and Grants Director and Hilliard Fountain, Building Official, and Lacia Walsh, Planning & Grants Assistant. II. Approval of Minutes of January 13, 2015 Mary Marr Beckman made a motion to accept the minutes of January 13, 2015 seconded by Bobby Edwards. The motion unanimously carried. III. IV. Public Agenda Request-None Old Business-None V. New Business a. 3507 and 3509 Government Street Parcel ID 61049011.000 Requesting a lot split and reconfiguration Johnny and Christie Johnson Carolyn Martin described the request. The applicant is ratifying a previous lot split recorded by Jackson County that had not been approved by the City and reconfiguring the lots to make two compliant parcels. Jack Kelly made a motion seconded by Dennis Warren to recommend the Lot Split and Reconfiguration. The motion unanimously carried. b. PUBLIC HEARING: 1101 Government Street, Twisted Anchor Galleries Requesting a Special Use Permit allowing an upscale tattoo area inside the current art gallery Matt Stebly A motion was made by Dennis Warren seconded by Mary Marr Beckman to go into a Public Hearing. The motion unanimously carried. Carolyn Martin stated she began working with Mr. Stebly when he came in to apply for a building permit. He had been unaware that a tattoo element was not a stated eligible use for C-2. C-3 zoning specifically allows for tattoo parlors. Mr. Stebly has put a lot of work into renovating the house and creating both an area to display his paintings and art work and also a tattoo area. The applicant wished to apply for a Special Use Permit. Ms. Martin stated they were looking at the tattoo parlor as an additional discipline added to the art gallery discipline. When considering a Special Use Permit the first thing to look at is whether it is comparable to other uses that are eligible in that district. They looked at beauty parlors, nail salons, jewelry stores and art galleries. The art gallery element of the business is not in question. That is an 02-10-15 PC Minutes Page 1 of 5
eligible use in C-2. Nail salons and beauty salons offer permanent cosmetics and ear piercings as auxiliary services provided within their eligible uses. Mr. Stebly is asking to use a designated area within the building to provide tattoo stations. Issues that could be in conflict with the surrounding area would include loitering out front which is seen at many tattoo parlors. This would be strictly prohibited. A screened area would be provided in the rear of the building for smoke breaks or any other type of outdoor activity. The windows in the tattoo area are being removed as well so there would be no visible aspects of the tattoo area. The name of the shop would not contain the word tattoo. It would be Twisted Anchor Galleries and would be more of an art gallery than a tattoo parlor. Mr. Stebly would also provide off street parking in the rear of the building including an ADA space and parking for employees. This added parking would be a benefit to the City. The hours of operation would be consistent with the other uses in the area. The neighboring businesses include bars and restaurants. A Special Use Permit is particular not only to that particular property but also to that particular business owner so it would not be likely to set a precedent for other like activities in a C-2 area. If there were any complaints regarding this activity, the Special Use Permit could be revoked. Ricky Authement asked about the opponent letter received from Ms. Cissy Jordan. Ms. Martin stated she did receive an opponent letter and Ms. Jordan had believed the City was changing the zone. The City did contact Ms. Jordan and clarify that the zoning would not be changed. Ms. Jordon does still have reservations about allowing a tattoo area within C-2 but she was happy it was not a rezoning. Mr. Matt Stebly from 6819 Washington Avenue addressed the Commission. He expressed his desire to bring his art to his home town. He is aware of the stereotype associated with tattoos and asserts that his business is unlike the stereotypical tattoo parlor. He is trying to keep the renovations on the building as true to the original structure as possible. He spoke of the extensive renovations this building has required. Rickey Authement asked if any Proponents would like to speak. Ben Rusher, 1028 Pino Street, stated he works with Mr. Stebly at Twisted Anchor. He stated that Mr. Stebly and his associates tattoos attract many out of town enthusiasts as well as international enthusiasts. He states they are very proud of their art work and really wish to practice and display this art in their home town. He would like the opportunity to make the stereotype surrounding tattoos less negative. Mark Stebly, Ocean Springs, stated that he doesn t know much about tattoos but that Matt Stebly is one of the finest businessmen he has ever known with an admirable work ethic. He felt his son would do a lot to promote Ocean Springs and would be an asset to the town. Mary Anderson Pickard (formally Stebly), 1205 Nelson, stated that Matt Stebly is her grandson. She was quite shocked when Matt entered the tattoo business. She has since learned that it is quite different than she had imagined. She spoke of a magazine article about tattoos being the new art form. She stated Matt has been invited to tattoo all over the United States and Europe. She believes he will help change the attitude toward tattoos all over the world. She stated he organized a tattoo convention in Biloxi last year bringing in tattoo artists from all over the country. Ms. Anderson attended this convention twice because she was absolutely fascinated 02-10-15 PC Minutes Page 2 of 5
by the quality of the work she saw and the people she saw there. She believes Matt Stebly will be a positive addition to the town. Sheila Murphy,1310 Parktown Drive, stated she knows what art means to this town and that Matt is a true artist. Ms. Murphy has a Master s degree, has worked in film, has owned her own companies, and has 10 tattoos. She felt Matt Stebly would do great things for the community. Kathy Tosch, 3604 North 4 th Street, is an artist and retired school teacher who has known Matt Stebly since he was a child. Ms. Tosch has been displaying her art in Matt Stebly s shop on Washington and felt he would be providing similar opportunities to local artists in his shop on Government Street. Gina Stebly, 6912 Southland Drive, added that her husband Matt is a perfectionist and would make the property an asset to the City. Mr. Authement asked if there were any Opponents that would like to speak. There were none. Bobby Edwards asked what the business hours would be. Currently they are 12-10 p.m. seven days a week but would be changed to 11 a.m. to 9 p.m. seven days a week in order to minimize the number of intoxicated people looking for a tattoo. The current shop is located at 6819 Washington Avenue behind American Fast Lube. Mr. Edwards asked how many artists would be employed at the new location. The answer was 7 including Mr. Stebly. Mary Marr Beckman asked Carolyn Martin for a definition of an upscale tattoo area. Ms. Martin stated it would include a higher price point. Mr. Stebly stated he and his artists charge $125 an hour as opposed to $20 an hour. She also asked Ms. Martin what would keep someone else from going down the street and doing the same thing. Ms. Martin responded that the fact that Mr. Stebly produces other forms of art in addition to the tattoos makes his different from others. Ms. Beckman felt this enterprise was not a good fit for C-2 and downtown Government Street. Ms. Beckman felt this would adversely affect parking in the downtown area. Hilliard Fountain stated that Mr. Stebly was adding parking for both clients and employees in the back of the building. Rickey Authement asked what the sign would look like. Mr. Stebly did not have a rendering on hand but stated it would be a wood cut sign. It would say Twisted Anchor Galleries and have an anchor logo. He does not know if it would be double sided. Signs on windows would be hand painted. Dennis Warren asked if Mr. Stebly would be agreeable if it were written into the permit or contract that his hours be 11 a.m. to 9 p.m. Mr. Stebly agreed. Mr. Stebly verified to Mr. Warren that he would not allow loitering outside, he would not allow alcohol on the premises, and that there would be no obvious signs of tattoos to passersby. Jack Kelly mentioned he had never been into a tattoo shop until today. He went to Mr. Stebly s current shop and introduced himself and looked around. He verified with Mr. Stebly that if a Special Use were obtained, he would close the shop on Washington Avenue. He asked if the square footage of the Government Street location would be dedicated mostly to tattooing. Mr. 02-10-15 PC Minutes Page 3 of 5
Stebly indicated that tattooing did take up a lot of space and there would be more area dedicated to tattooing than to retail sales. He expected retail sales to increase once he moved to Government but he estimated about 20% of business revenue would come from retail sales and about 80% would come from tattoo services. Jack Kelly, referring to the Planning Commission Report, stated this request was to allow the applicant to have tattoos as part of a larger enterprise, but in this case, tattoo is the predominant enterprise. Mr. Kelly asked what would prevent a case of ABC Tattoo Parlor changing its name to ABC Art Gallery, adding some art work for retail sale, and moving into zone C-2. Ms. Martin stated they would have to apply for a Special Use Permit and defend their position just as Mr. Stebly was doing. Ms. Martin also stated that they would have to produce and sell their own art work in addition to tattoos, as Mr. Stebly does. Mr. Kelly was concerned this was setting a precedent. Dennis Warren asked if this had been discussed with the City Attorney. Ms. Martin stated the attorney had advised to be cautious when moving from a less restrictive to more restrictive zone and to make sure it was defensible if someone else tried to do the same thing. Mr. Warren asked if John Edwards could write up this particular Special Use. Bobby Edwards motioned to move out of a Public Hearing seconded by Jack Kelly. The motion unanimously carried. Dennis Warren made a motion to turn this over to the City Attorney to write the Special Use. The motion failed for lack of a second. Discussion: Jack Kelly stated that the Special Use coming before the Commission had a predominant activity, both in square footage and in income, which was not an accepted use in C-2. To allow that would open the door to other businesses of the same type. Dennis Warren stated he felt the City of Ocean Springs was missing a great opportunity to renovate a property downtown and to bring in art work. Jack Kelly agreed with that to some degree and told Mr. Stebly he could appeal to the Board and that would be the place where John Edwards, the City Attorney, could come into it. Bobby Edwards stated he really respects Mr. Stebly s art and he does feel tattoos are art work. His concern is that this sets a precedent to other tattoo businesses opening in C-2. Mary Marr Beckman made a motion to deny the Special Use Permit allowing tattoo services in C-2. It was seconded by Jack Kelly. The motion carried with Jack Kelly, Mary Marr Beckman and Bobby Edwards voting Aye and Rickey Authement, and Dennis Warren voting Nay. VI. Ordinance Update a. Tree Ordinance Update 02-10-15 PC Minutes Page 4 of 5
Hilliard Fountain stated he is still in the process of compiling information but he has contacted Ms. Donna Yowell, Director of the Mississippi Urban Forest Council. She is helping the City with some of the definitions relating to mature trees and what is a mature Magnolia vs. a mature Live Oak. According to the State of Mississippi you cannot advertise that you are a licensed tree professional unless you are certified through the State. There are people in the city who are not licensed by the State. They can do the work right now but cannot advertise that they are licensed or insured. Mr. Fountain is hoping to remedy that in the ordinance and have the same requirements as the State for the City tree professionals. Another question was how to determine the percentage of the canopy and roots. There is a formula based on the diameter of the drip edge. From the diameter, the percentages of canopy and root systems can be obtained. Jack Kelly would like to add a policy of training required of City individuals who go out and approve even minor pruning. Mr. Fountain stated the City currently does not have the funds to have a licensed professional go out to look at every minor tree issue. VII. General Discussion Bobby Edwards asked Carolyn Martin how far along the remodeling process was on 1101 Government Street. Ms. Martin did not know the exact percentage but felt there had been a good bit done. Mr. Stebly had started renovating before he knew tattoos were not an eligible use in C-2. Mary Marr Beckman asked why the building owner was not doing the renovations. Ms. Martin did not know how much the owners were participating. Jack Kelly asked about the status of Mr. Vincent s complaint against Crossfit. Ms. Martin stated it has been difficult getting a meeting scheduled. Mr. Vincent s attentions have now been turned to Yellowtail. Mr. Vincent did not have a court date set in January because he did not make any further complaints about Crossfit and it was assumed the problem was corrected. Ms. Martin stated her next step would be to determine if Crossfit has made improvements to their noise level. Mr. Vincent has brought up some legitimate issues with Yellowtail and the police department is currently addressing those. The City does have the power to revoke Crossfit s occupancy because it is an ineligible use and should have gone through the City for approval before opening. VIII. Adjourn Motion by Mary Marr Beckman seconded by Bobby Edwards to adjourn the meeting. The motion unanimously carried. /s/ Rickey Authement Date: 3/10/15 Rickey Authement Planning Commission Chairman 02-10-15 PC Minutes Page 5 of 5