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Home My WebLink About07-18-2022 Board of Adjustments MinutesJuly 18, 2022 Board of Adjustments Minutes The Board of Adjustments met Monday, July 18, 2022, at 5:00 PM at the City Municipal Complex, 161 N. Section Street in the Council Chambers. Present: Cathy Slagle, Vice-Chair; Frank Lamia; Donna Cook; David Martin, Alternate I; Hunter Simmons, Planning and Zoning Manager; Casey Potts, City Planner; and Allie Knutson, Secretary. Absent: Anil Vira, Chairman. Cathy Slagle, Vice-Chair, called the meeting to order at 5:00 PM. Approval of Minutes Donna Cook made a motion to approve the minutes from the May 16, 2022, meeting. Flank Lamia seconded the motion and the motion carried with the following vote: Aye: David Martin, Frank Lamia, and Donna Cook. Nay:None. Abstain: Cathy Slagle BOA 22.07 Public hearing to consider the request of the Applicant, LeBatard Architecture, acting on behalf of the Owner, PSGC Properties, LLC, for a Special Exception to allow Clinic Use for property zoned PUD, Planned Unit Development. The property is approximately 1.11 acres and is located on the east side of US Highway 98, 0.13 miles south of Gayfer Road Ext. PPIN #: 913 Casey Potts, City Planner, presented the case summary. The subject property is zoned PUD and is located within the Greeno Professional Village PUD. The applicant desires to develop the subject property as a Clinic, which is allowed only on appeal and subject to special conditions. An aerial, map, and site plan were shown on the screen. The Greeno Professional Village PUD Ordinance requires a mandatory Site Plan Review for each building in the development. Alpha Care has gone through the review process and has been approved by the City Council conditioned on the use approval by the Board of Adjustments. The Ordinance states that "uses permitted shall be business and professional offices such as lawyers, doctors, banks, insurance, architects and similar uses." Said Ordinance does not define how business and professional offices are interpreted as a use. As such, staff defaulted to the City of Fairhope Zoning Ordinance to define what is allowed on the site in business and professional offices. The Zoning Ordinance defines a Professional Office as "a building occupied by a profession and offering professional services to clients, customers, or patrons which may involve occasional on-site contact with clients, customers, or patrons." The Zoning Ordinance defines a Clinic as "a place used for the care, diagnosis and treatment of ailing, infirm, or injured persons, and those who are in need of medical and surgical attention, but who are not provided with board." 1 July 18, 2022 Board of Adjustments Minutes Approximately 70% of appointments will be walk-ins. Walk-ins have historically been considered a clinic use rather than a doctor's office. Recommendation: Staff recommends approval of BOA 22.07, the Special Exception for clinic use for the site known as Alpha Care. Hunter Simmons, Planning and Zoning Manager, mentioned that some things are not clear in the Zoning Ordinance, like the difference between a doctor's office and a clinic. Staff did not foresee any problems with the clinic but brought it before the Board because of similar projects in the past that were requesting a clinical use. This PUD Ordinance stated that Doctor's Offices were allowed but was not distinct between a Doctor's Office and a Clinic, so Mrs. Potts fell back on the Zoning Ordinance and how the distinction has been traditionally handled. This distinction may be amended in the Zoning Ordinance in the future. Donna Cook made a comment that this request is similar to one that was made a few months ago. Mr. Simmons stated that the previous one was a Urology Office and this one is an Urgent Care but are similar in the way that they see patients. Cathy Slagle invited the Applicant to make a presentation. Dr. George Loukatos stated that he is an Emergency Room Physician and the Owner and Physician Operator of Alpha Care. He currently practices in Biloxi, Ocean Springs, and Gulf Port, MS. His business model is to be available for the community when needed which is why a large percent of patients will be walk- ins. Three different clinics have a 4.8-star rating online and he feels that he and his staff have done a good job building a culture that will fit well in Fairhope. Cathy Slagle asked what the hours of operation would be. Dr. Loukatos stated it would be 8:00 am to 8:00 pm, 7 days per week. There will be two full-time providers and a couple PRN's, while he is the overseeing physician. Frank Lamia stated that he had some site plan questions. Mr. Simmons mentioned that staff could clarify anything, but that the site plan was also reviewed by Planning Commission and City Council. Frank Lamia clarified that a new curb cut was not being made on Greeno Road and that there is an existing road. Mr. Simmons stated that was correct. The PUD that created these lots was approved in 2001 he believed and most of the lots are already built out. The site plan was reviewed based on the PUD. Cathy Slagle opened the public hearing. Beau Lebatard, Lebatard Architecture, stated that he is the Lead Architect for this project. There are already a dentist office, a podiatry office, and three banks within this PUD. He thinks this clinic will be a great fit. Cathy Slagle closed the public hearing. Motion: 2 July 18, 2022 Board of Adjustments Minutes David Martin made a motion to approve Case BOA 22.07. Frank Lamia seconded the motion and the motion carried unanimously with the following vote: Aye: Cathy Slagle, Frank Lamia, Donna Cook, and David Martin. Nay:None. Old/New Business Discussion of expired BOA cases. Mr. Simmons stated that Covid and supply chain issues have caused some variances to expire, he would like to clean those expired variances up from the last few years. With proper advertising, the expired variances would be brought before the Board at the next meeting with no amendments to the variances that were approved. He did not want to create a precedent, this is an anomaly that has been discussed with the City's attorney and any variance that expires in the future, will need to start the whole process over again. Frank Lamia asked if there was a time frame for this and how would staff keep this from becoming a precedent. Mr. Simmons stated that staff looked at every variance that was granted over the last three years that could have been impacted by Covid or supply chain issues. Frank Lamia clarified that this was a one-time request. Mr. Simmons stated that was correct and that this will not create a precedent. Cathy Slagle asked how many variances would be coming back. Mr. Simmons stated three, or possibly four. Discussion of appointment for a new Board Member. Mr. Simmons stated that former Board Member, Mike Baugh, resigned due to moving outside of the city limits. If David Martin confirms, Ryan Baker has offered to take the permanent seat on the Board. In that case, David Martin would stay a supernumerary and a replacement would be found for the Alternate II position. Any potential applicants should send their applications to Lisa Hanks, City Clerk. Regarding the expired BOA cases, Cathy Slagle asked if staff could get the four cases together quick enough to advertise for the next meeting. Mr. Simmons stated that the advertisements and letters will be drafted, but the staff reports are not changing. These cases will be put on the agenda as Old/New Business with public hearings and then the Board will vote on each case. There is also three potential cases for next month as well. Adjournment Frank Lamia made a motion to adjourn. David Martin seconded the motion and the motion carried unanimously with the following vote: Aye: Cathy Slagle, Frank Lamia, Donna Cook, and David Martin. 3 July 18, 2022 Board of Adjustments Minutes Nay:None. Adjourned at 5 :25 p.m. Q li! Uddu !£?- Allie Knutson, Secretary 4