Planning and Zoning Commission - Regular Meeting

All right. So, we'd like to call the zoning board of adjustments meeting uh for Wednesday, December the 17th at 5:00 p.m. U call the meeting to order. Uh do I have to have a second or anything on that? All right. So, welcome to our December 17th meeting of the city of Tuscalussa joining board of adjustments. Any written comment sent to the staff report forwarded to the board directly. Introduction of the staff members. Hudson Cheshire, associate city attorney. Joshua McKenna, zoning administrator. Leman Olri, planner. I ask that the board members introduce themselves. Starting with my left, Mary Katherine Holt, Marty Hamner, Tim Gillum, Paul Rollins Jr. Rodney Pelt.

By virtue of state law and city ordinance, the purpose of the zoning board of adjustment is as follows. Here's appeals from the zoning officer's decision. Grants special exceptions to the zoning code in accordance with the terms as established by the city council. Grants variances from the zoning code when strict enforcements creates unnecessary hardships. Circumstances that are not hardships include those that are one self-inflicted or self-created inconvenience or andor personal. The zoning board of adjustments does not interpret or enfor enforce subdivision covenants or HA rules. Those matters are not relevant areas of inquiry by the zoning board of any petition. There are signup sheets located outside for public comment. Four speakers are allowed to speak in favor of the petition and four are allowed to speak in opposition to the petition. All speakers will have a maximum of five minutes unless the board allows to vote a longer time. The board will take up items in order of our final agenda. The board will initially receive a presentation from the SAB as to the details of the agenda item. After the staff's presentation, I will call upon the petitioner to present their case. The petitioner will have a maximum of 10 minutes unless the board votes to allow longer time. At the conclusion of the petitioner's remarks, I will call on any party in order of the sign up who desires to support the petition. Thereafter, I will call on any party in order of the sign up for those who oppose the petition. When is your turn for comment, please introduce yourself, stating your name and address to the board to provide your remarks. Any written comments have been included into the record. After receiving the remarks of those who oppose the petition, the petitioner will have the opportunity to respond those objections. Any rebuttal will be limited to two

minutes unless the board votes to allow a longer time. If the petitioner presents any new information in response to the objections, the board will allow those who oppose the petition the opportunity to respond to the new information only. Any response will be limited to two minutes unless the board votes to allow a longer time during the construction. During the course of the presentation, you may be interrupted by any member of the board for clarification and additional information such as interruptions will not reduce your allowed time limit. Once the board members are satisfied they have received all all relevant information. I will close for further discussion by the public at which time the board will discuss the matter and then vote. After the vote, you are free to leave. These proceedings are be are recorded and broadcast live. All in-person public comment should be made at the podium into the microphone. Any party reef by a final judgment or decision of such bon zoning board of adjustment may within five 15 days 15 days thereafter appeal therefore to the circuit court by following with such board a written notice of appeal specifying the judgment or decision from which the appeal is taken. Doing the members of the board have any conflicts of interest as to the agenda matters? If so, please state the same for the record. I would ask the staff to confirm on the record that proper notice has been given to all parties and interests as required by law as to all matters before the board tonight.

Yes, it has. Uh approval amendments. With that, we'll begin the approval amendments as the board of adjustments receive synopsis for the August, September, and October meet. I move that we dispense with the reading of amendments for the same unless there are any deletions, additions, or corrections. Second. Second approve. I need a vote, right? Yeah. So, voting with Mayor Catherine. Yes. Yes. Yes. Yes. Minutes approved.

All right. Good afternoon, board. Starting with our first case tonight. ZBA1925. Robin Marty petitions for a special exception to allow the operation of a medical clinic at the property located at 3073 Palisades Court zoned NC council district 6. Here we have an aerial view of the property and its zoning. This is just north of Skyland Boulevard along dealership row. This is what the property looks like from the street. I'll just show you some of the parking here. This is along the side of the building and in the rear. So, the applicant is requesting a special exception to operate a medical clinic. Um, a portion of the second floor will be turned into a birthing suite. That suite will accommodate one patient at a time and will be staffed with two to three employees um namely a midwife, doula, and potentially a medical assistant. No epidural or pain relief will be administered, and any patient requiring more than six hours of care or medical intervention will be transferred to a hospital. Um, they'll operate as needed based on labor with a maximum of 25 births per year allowed by their insurance. Currently, there's a site or a excuse me, a floor plan showing the area on the second floor where they're going to be doing it. It's that circled blue or purple area there. The applicant described it as basically a glorified studio apartment. And I'll let them talk more about that. And then here are your decision-making standards for special exceptions. We did not receive any public comment. Do you have any questions for staff?

Thanks. Robin Marty.

Hi everyone and thank you so much for having me. My name is Robin Marty. I live at 53 the Downs and I'm the executive director of WAWWC Healthcare. I did send over some documents just to make it a little more clear what a birthing center is and what it is that we do in the city in order to help patients. Um, but currently our clinic is located on Jack Warner Parkway and it is a much smaller site. We were recently given a fairly significant grant and with that grant we were able to purchase this new building at 3073 the Palisades. Um on this building we are currently going to be doing exam rooms um counseling and other medical services on the first floor. Many of our patients that we do see however are interested in potentially having birth in a birthing suite. A birthing suite is an individual standalone building where a person is able to give birth without any pain medication and with birthing support. Um, for patients who are going to be at a birthing suite, they cannot be high-risisk pregnancies. They have to be cleared in order to be certain that they are medically able to follow this sort of birthing center. Um, and they will then be able to give birth in the labor and labor room in our clinic. And after a short period of time in which they are monitored, they will be able to go home with their baby. Um, this birthing center is only going to be used approximately 25 times this year at most. Um, based on the malpractice insurance that we have at this moment. At some point, should this be something that the city seems to be interested in as we have birthing centers in Birmingham and Huntsville, that might be something that we would try to expand. Um, I'm happy to take any questions about what we're doing right now any and what we're going to be doing in the future. Is this the first one in Tuscaloosa that y'all are doing

it? Well, technically it would be the first one in Tuscaloosa. We do currently have a birth suite in our clinic that exists on Jack Warner Parkway. It has not been used at this time, but it is set up should a patient want to. That one did not require a variance because it was already set up as a medical center and an ambulatory surgical center. What is the state regulatory body that overlooks?

Right. So right now the ADPH has issued a number of different rules for birthing centers. However, those rules were seen as being too um too ownorous for any of the birthing centers to be able to operate. The ACLU did do a lawsuit and that lawsuit blocked all of the regulations that were presented by ADPH. That is actually in appeals right now. And there was another trial, I believe it was last week or the week before. And so there may be a new ruling. Either it'll be upheld or some of the regulations may go through. Um that should come sometime this summer. We are fully prepared in this suite to be able to adhere to all of ADP's regulations.

Great. Anybody have any other questions? So, we're just seeing this because it's not a medical uh currently zoned as a medical facility, right? That's correct. The only question I had was you said in the Jack Warner facility on Jack Warner Parkway, y'all haven't done any births there. No, there has not been any patient that has requested to have a birth yet. It is open as an option. Why do you need a bigger Why do y'all need a bigger space?

Um why are we getting a bigger space? Um most of the care that we provide is actually prenatal care. It is birth support. It's sexual health care. It's free contraception. Um essentially birthing is birth. The number of patients that we see for OBGYn care um OB care is probably about 25%. Thank you. So we don't have anyone signed up speak for again. somebody in the audience would like to speak. If not, I'd like close for board comments. Starting with my left.

I I I have no issues with this. You sound very knowledgeable about the subject matter and so um with I don't have any issues with the special exception. I agree with my colleague. The spot that you have is looks very appropriate for medical. Yeah, I have no issues either. I think it's a great great great thing to be doing here and looks like a good space. I have no issue. I have no issues. I'm in favor. No issues.

All right. We like to close um the petition now in ZBA. Look, this is first time I've done this, so I got to um read it before we vote. Okay. CBA 111925 Robin Marty petitions for special exception to allow the operation of a medical equipment at the property located at 3073 Palisades Court zone NC cancel Council District 6 starting voting with my left. Yes. Yes. Yes. Yes. Yes. Petition pass. Thank you very much.

All right. Moving on to our final case tonight. ZBA 12025. William McDaniel McDaniel petitions for a special exception to allow the short-term rental of a property located at 1431 Gardinia Avenue zone GPD council district 5. Here we have an aerial view of the property and its zoning. This is just behind former lofts in Texas Roadhouse. Here we have short-term rentals in the area. Looks like there's a few in the neighborhood. This is a view of the property from the street. William McDaniel will be the primary contact and will be available 24 hours a day during rental periods in case of an emergency. Petitioner currently manages three long to midterm rentals and a vacation rental. The house is equipped with driveway facing camera and keypad locks. The house is is owner occupied during rentals. The applicant will stay with hotel capstone for work purposes or another property in Trustville. The house has two bedrooms and two bathrooms. The petitioner is requesting six to seven adults and three vehicles. If approved, staff recommends four adults and two vehicles, provided one vehicle is parked in the garage. We did not receive any public comment. Do you have any questions for staff?

Has this ever been a short term before this property? It was approved, I believe, in 23 um with the same conditions that staff's recommending today. Okay. Thank you, Mr. William McDaniel. Yep. How's it going? Bill McDaniel, 1431 Gardinia Avenue. tell us what you got there.

Yeah, so this is a two-bedroom, two bath garden home. Um, it was previously approved as a short-term rental. Had been used as that for the last couple years. Uh, we're having to go through the re reconditioning of it because it's being transferred in ownership from my father-in-law to myself. Um, so that's what has created the the changeover on that. So I purchased a property in April, June time frame of this year and will be there myself. It's it is kind of the place I use in Tuscaloosa on a full-time basis. Okay.

Um but I am not readily available on football weekends is. I don't I don't need it. So that's what the intention of the use has been. Um I did monitor it and run it for it when my father-in-law owned it. Uh he has moved back to Georgia since then. So we went ahead and made that property transfer earlier this year. Will you be the on call locally? Yes, I'll be I'm I'm in town. I'm be on call. I'm always available for it. So, and it has already passed all the safety inspections. It has the fire extinguishers in place. It has the safety lights um that uh the fire marshall requires. It was already passed through that process when we first zoned it. If approved, you don't have any issue with staff's recommendation for two.

I'm sorry. If if you if it's approved, you don't have an issue with the 4 and2 of the staff's recommendation. Oh, no, no, no, no. I think that's right on line with what it can accomplish. I mean, yeah, it would be it's a it's a pretty small garden home. You wouldn't want a whole lot more in there. Thank you. So, I have a quick question. I know you'll be the contact person. Yes. And you said you either be staying at the Hotel Capstone or in Trustville. T Typically on game game weekends, I'm where the team's at or close by depending on how the room rates shake out. Um my other the other property I have is in Trustville, but I don't obviously not on game weekends. I'm I'm here cuz typically I'm at the stadium 5:00 a.m. through in the game kind of thing.

Yeah, that that's what I was that's that's what raised my attention because you said Hotel Capstone. I know if it's game day weekend. Yeah. Getting a room is fairly difficult. Yeah. So, typically Capstone or Homewood suites are where where I'm placed at on those weekends, but it's I'm not at the house on those weekends. So, that's that's what the intent is. It's really football game weekends and then special events gradu like when when my father-in-law owned it, we would rent it for graduation weekends and probably less than I'd say 15 weekends a year, maybe not even that many truthfully. And I think the basis of the question though is if if you did it for a special basketball game and you're in out of town, correct?

You need to be local. Yes, I'm I I'm here. I am in town. I'm just usually not using it myself. All right. Anybody? Honestly, about half the time my family uses it on football weekends. All right. Well, I appreciate it. Thank you. Thank you. Comments? No. Obviously, no one signed up speak for again. So, we'll close public for board comment. Uh, I have no issues with this, especially since it's been being used as this function already. Um, as long as, um, we're good with the staff recommendations. I agree. I have no issues. I have no issues either. It's been improved in the past and he's good with the four and two.

Yeah, I have no issues. Uh I'm in favor of staff recommendations. Uh no issues, but have we have no incidents here previously or nothing like that? No, sir. Okay, I'm with it. All right. So, we will read ZBA 12025 William McDaniel petitions for special exception to allow the short-term rental of property located at 1431 Gardinia Avenue, zone GPD, Council District 5. Starting with voting from my left. Yes. Yes. Yes. Yes. Yes. Petition passed.