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HomeMy WebLinkAbout04-01-2013 Planning Commission MinutesApril l.2013 Plannmg C\nnmission Minutes The Planning Commission met Monday, April 1'\ 2013 at 5:00 PM at the City Municipal Complex, 16 I N. Section Street in the Council Chambers. Present: Lee Turner, Chairperson: George Roberds, Vice-Chair; Tim Kant; Jennifer Fidler: Bob Clark; Dick Charles; Councilman Rich Mueller; Jonathan Smith, Planning Director; Nancy Milford, Planner; and Emily Boyett, Secretary. Absent: None Chairman Lee Turner called the meeting to order at 5:02 PM and announced the meeting is being recorded. The minutes of the March 41\ 20 I 3 meeting were considered and Dick Charles moved to accept the minutes with one correction and was 2nd by George Roberds. Motion carried with two abstentions by Tim Kant and Bob Clark. ZC 13.01 Public hearing to consider the request of the City of Fairhope Planning Department for approval of an amendment to Article III, Section D., Special Conditions for Uses; and Article IX, Section C., Defined Terms in the Fairhope Zoning Ordinance to add provisions regarding Body Piercing Studios, Non- Chartered Financial Institutions, Palm Readers, Pawn Shops, and Tattoo Parlors; Jonathan Smith. Jonathan Smith gave the staff report saying currently the City's Zoning Ordinance does not have provisions regulating Body Piercing Studios, Non- Chartered Financial Institutions, Palm Readers, Pawn Shops, and Tattoo Parlors. He stated the Board of Adjustment voted on July 16, 2012 to allow a tattoo parlor to be located in the B-2 General Business District under the General Personal Services use category. The proposed amendment is as follows: Article III. Zoning Districts D. Special Conditions for Uses 1 L Body-Piercing Studios, Non-Chartered Financial Institutions, Palm Readers, Pawn Shops, Tattoo Parlors a. Location Restrictions: Body-Piercing Studios, Non-Chatiered Financial Institutions. Palm Readers, Pawn Shops, and Tattoo Parlors are allov,ed only in the B-2 (Genera! Business) District of the City of Fairhope, Alabama. b. Site Requirements: (I) Body-Piercing Studios, Non-Chartered Financial Institutions, Palm Readers, Pawn Shops and Tattoo Parlors shall not be iocated within 275 linear feet of residential zoned areas, places of worship. schools, the City of Fairhope Central Business District and public parks. (2) The minimum distance between similar uses shall be 5,000 linear feet. (3) Body-Piercing Studios. Non-Chartered Financial Institutions. Palm Readers. Pawn Shops and Tattoo Parlors are permitted only on appeal to the Board of Adjustment and may be subject to special conditions. Article IX. Definitions and Interpretation C. Defined Terms Apnl L2013 Planning Commission Minutes Body-Piercing Studio. An establishment whose prineipal business activity, either in terms of operation or as held out to the public, is the practice of creating openings in the body of a person for the purpose of inserting jewelry or other decorations. General Personal Services: Businesses that provide uses such as a post office, bank, barber shop or beauty salon, permanent cosmetic establishment, film processing, small appliance repair, tailor. office support, or other similar service. Any personal service that is more specifically described is excluded from this use. Non-Chartered Financial Institution: Any business, other than a federally or state chartered bank, credit union, mortgage lender or savings and loan association that offers check cashing services, automobile title loans, and loans for payment of a percentage or graduated fee. Specifically included are check cashing and pawn shop businesses that charge a percentage or graduated fee for cashing a check or negotiable instrument and "payday loan" businesses which make loans upon assignment of wages received or businesses that fonction as deferred presentment services. Palm Reader: Any person who practices, teaches, or professes to practice the business of astrology or the psyehic arts and scienees for a fee, gift, donation or other valuable consideration. Psychic arts and sciences may include augury, card or tea reading, cartomancy, clairaudience, clairvoyance, crystal gazing, divination, fortune telling, mediumship, necromancy, palmistry, phrenology, or prophecy. Pawn Shop: An establishment that lends money on the security of goods pledged by the owner of such goods on the condition that the goods may be redeemed or repurchased by the owner for a fixed price within a fixed period of time. This definition includes car title pawn companies which provide the borrower with cash in exchange for the borrower's vehicle title as collateral. Perrnanent Cosmetic Establishment: An establishment whose principle business activity. either in terms of operation or as held out to the public, is the permanent application of pigment into the skin for eyebrows, eyeliners, lip liner, blush and scar camouflage. Tattoo Parlor: An establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of placing designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of skin by means of the use of needles or other instruments designed to contact or puncture the skin. This definition excludes permanent cosmetic establishments. Mr. Smith stated staff included the Board of Adjustment review and approval to verify that any proposed location is appropriate for these type uses. He explained the existing definition for General Personal Services is vague and the City needs to define and establish regulations for these additional uses. Staff recommendation is to approve the proposed Zoning Ordinance amendments to add provisions regarding Body Piercing Studios, Non-Chartered Financial Institutions, Palm Readers, Pawn Shops, and Tattoo Parlors. Mr. Turner opened the public hearing. Kevin Black~ 12625 Boone Lane Owner of Man-0-War, tattoo studio, said he disagrees with this proposed ordinance in principle. He stated the City Council put a moratorium on tattoo parlors to determine what effects they would have on the City and he asked fix the results and the research to back up this action by the City. Mr. Smith responded the City Council never placed a moratorium on tattoo parlors: however. staff has researched other municipalities and surrounding communities' ordinances and tailored this ordinance f<.)r Fairhope. Mr. Smith stated Orange Beach requires a minimum 2 A.pnl L 20!3 Planning Commission M111utcs of 1,500' between these uses and residential uses and Spanish Fort denies the use of a tattoo studio completely. Mr. Black expressed concern that his existing business will be adversely affected by this ordinance: it will limit his ability to negotiate with his landlord: and, if something were to happen to the building they are currently in, it will prohibit him from relocating within the City limits of Fairhope. He stated there are better, smarter ways to restrict uses and he requested that his business, Man-O-War, be exempt from these regulations because it is an existing business. Mayor Kant stated if fire, flood, or a hurricane were to destroy their building then he would have 2 years to rebuild it and Mr. Smith clarified that the ordinance states 180 days. not 2 years. Frank Thrasher-Pai1ner ofMan-O-War, tattoo studio, stated he was raised in Fairhope and came back after serving four years as a paratrooper in the US Army. He said he feels insulted that his business is being categorized with these other uses and it should not be. He said he appreciates the work of everyone trying to find an ans,ver but this ordinance has been created as a knee-jerk reaction and in a fear based way. Having no one else present to speak, Mr. Turner closed the public hearing. Mr. Mueller asked how many of these type businesses exist in Fairhope and Mr. Smith responded Mr. Black's is the only tattoo parlor and there are no other uses that are listed in the ordinance in the Central Business District (CBD). Mr. Mueller stated the only way to gather data is to look at the surrounding cities and the county. He explained the intent is not to throw them out but only to provide regulations and guidelines, which will actually help him with any competition. Mr. Black said he does not understand why his business is a threat and the City is profiling. He stated his business has not caused any problems and even the neighbors, who initially were against them, have not had any complaints. Mayor Kant explained the City currently does not have any place or category for these uses and this ordinance is only creating regulations for the listed uses, not prohibiting them. Mr. Black asked why the ordinance does not allow any of these uses in the CBD and Mayor Kant responded the City does not have any design controls in the CBD. Mr. Clark stated he does not feel that Mr. Black's business is a threat or that this ordinance will affect Mr. Black's current business or force him to move. Mr. Clark explained he owned a business that was only allowed in one location and it is the radio station which is still there today. Mr. Turner asked if there is a way to exempt businesses that are already located in the CBD to be able to relocate in the CBD and Mr. Smith responded that would be a decision for the Board of Adjustments to make. Mr. Roberds was concerned that if the Commission granted an exemption for one business it would have to been done for all of them and that would be throwing zoning out completely. Dick Charles moved to accept the staff recommendation to approve the proposed Zoning Ordinance amendments to add provisions regarding Body Piercing Studios, Non-Chartered Financial Institutions, Palm Readers. Pawn Shops, and Tattoo Parlors. Bob Clark 2nd the motion. Mrs. Fidler said she appreciates Mr. Black and Mr. Thrasher for speaking and that from the business owner· s point of view this ordinance does seem to restrict their business. She suggested restricting the uses from operating \Vi thin 1000'. instead of the proposed 2 7 Y. of residential zones, churches, and schools but allowing them in the CBD. Mr. Smith explained if the distance is changed to 1000' there will not be anywhere in the City of Fairhope where these uses will be allowed. Mr. Turner stated he supports the ordinance but he does feei the uses should be allowed in the CBD. Mayor Kant reiterated the reason for restricting these uses from the CBD is due to the City's lack of design control downtown. Mr. Turner called for a vote and the motion passed unanimously. April L 20!3 Planmng Cllmmission Minutes New/ Old Business Mr. Smith announced there will be a Pedestrian & Bike Trails Committee meeting on Wednesday, April 3, 2013 at 4:00 PM at the Nix Center. Mr. Smith announced there will be a Fish Fry on Friday, April 5, 2013 at 1:00 PM at the pavilion on the beach for the Gulf Coast Section of the Alabama Chapter of the AP A and he invited the Planning Commissioners and City Council to attend. Mayor Kant asked the Commissioners to be thinking about what needs to be addressed for the Comp Plan update. He said the City is moving forward and everyone's input is needed. Mayor Kant announced Gary Moore has stepped down from the Commission and he thanked him for his service. He added that new appointments will be made shortly to fill Mr. Moore and Jean Wilson's vacancies. Mr. Smith also thanked Mr. Moore for his service as a Commissioner. Having no further business, Dick Charles moved to adjourn and was 2nd by Bob Clark. Motion passed unanimously and the meeting was duly adjourned at 5:45 PM. Lee Turner, Chairman 4