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HomeMy Public PortalAbout20060620_PCMinutes 1 MINUTES Planning Commission Meeting June 20, 2006 – 7:00 p.m. Chairperson Lawanna Tsoulos called the June 20, 2006 Planning Commission Meeting to order. Members present were: Barry Brown, Sandy Chandler, Bill Garbett, Susan Hill, Honor Hutton, Gene Kindrick, Rachel Perkins, Chuck Powell, and Lawanna Tsoulos. City staff present: Chuck Bargeron, Dee Anderson, Diane Schleicher, and Dianne Otto. City Attorney Bubba Hughes attended. Gene Kindrick motioned to approve the Minutes of the May 8th Agenda Meeting. Chuck Powell seconded. The vote was unanimous. Gene Kindrick motioned to approve the Minutes of the May 16th Meeting. Chuck Powell seconded. The vote was unanimous. Gail Lamb presented a petition for Zoning Variances from Section 3-090 of the Land Development Code, Development Regulations, in Zone R-1-B, 9 Lovell Avenue, PIN 4-0003-17-005. Lamb said her goal is to make the best use of a small lot with the preservation of two historic buildings and provide off-street parking. She said she rewrote the Variance as requested at the Agenda Meeting. Photographs of the area were shown on the projection screen and explained by Lamb. She said all the houses on that side of the street are in the 20-foot front setback. Lamb said her first request is to raise the current building and square off the front. She said the front of the cottage is only 7.4-feet wide. Lamb said without a Variance she could raise it up but could not park under it because it is not wide enough. She said she is asking for a Variance to add open porches to both sides of the front so it is wide enough to park under. She said the porches would not be heated spaces. Lamb said the second part of her request is to shift the house to the left 3 feet. Lamb said for third part of the Variance is to place in the rear a wing of the Fort Screven hospital building that is 25-feet, 6-inches wide. She said she would need a 3-inch Variance on each side of the rear portion. Lamb said she may not raise the cottage two levels; once they get into the construction and see what the costs are, she can make a decision of whether to go up two floors or not. Lamb referred to a letter written by Robert Millikan, structural engineer. Lamb said Hugh Braswell, the house mover, said it is possible to move the cottage out while the hospital portion is moved in. Lamb said she is only asking for open porches in the setback and the hardship is to make it wide enough to park under. Lamb said if she moves the cottage out and then puts it back she has maintained the footprint. She said she did consult an attorney and in his opinion the footprint is the foundation and if she leaves the foundation untouched while she moves the house out and back then she has not disturbed the footprint. Lamb said it would have to be disturbed later if she got the Variance to widen. Chairperson Lawanna Tsoulos asked if the Commissioners had questions. Sandy Chandler asked Lamb how long it would take to move the front structure out, put the other in and put the front one back. Lamb said Braswell said he would try to do it in a day but it may take two days. Chandler asked what would happen if it did not occur by the end of the second day. Lamb said it would have to set a third day. Barry Brown asked how long the people would be without power. Lamb said she has applied to have the pole moved and the wires put underground. She said it will just be a matter of switching the wires over, and that would be done before the house is moved. Brown asked about the cottage being in the front setback. Lamb said all of the houses along that side are. Brown said she wanted to add to that. Lamb said right, porches. Brown asked if it was one story or two stories. Lamb said she will probably raise the cottage one floor and the rear portion two floors. She said she did not need a Variance to go up two floors. Brown referred to what the drawings showed. Lamb said she is asking for the most she would do; she may do less. Brown said all they have to base their decisions on are the drawings. Lamb said all she is asking for is that it be widened enough on the parking level to park under. Brown said if there has ever been a question about density on a lot, this is a situation where she is sticking a 2-ton house on a 1-ton lot. Lamb asked Brown if he looked at the house next door. Brown said yes and it looks like a whole lot of house on a little bitty lot. Lamb said if she did what she can do without the Variance it would look very similar because the rear portion can be 25-feet wide. Brown said it meets the side yard setbacks except for the 3 inches. Lamb said it is a small lot; it is a substandard lot but she is trying to use what is there. Brown asked if she could back the cottage up and integrate it into the second floor of the building and give the front yard a little breathing room. Lamb said it would not be in line with the rest of the street and it would not provide as much square footage. She said the hardship is the parking but it is also the size of the house that can be put on a small lot. Chuck Powell asked if it is one-story or two-stories. He said they have to know what they are approving. Lamb said two-stories. Powell asked if she was going to indeed build a two-story house. Lamb said yes, if she gets the Variance. She said if she does not get the 2 Variance she may rethink everything. Susan Hill said the letter from Millikan, the engineer, only gives information about raising the house one floor. Lamb said she saw that and she thinks he means parking plus one floor. Hill said Millikan gave elevation numbers of raising it 20 feet and then lowering to 15 feet, which seemed to be one floor, not two stories above parking. Lamb said she thinks he is talking about elevations. Hill said Millikan says 20 feet above existing grade. Lamb said they have measured all the heights. Hill asked for clarification on the “202 feet” written on the Variance form. Lamb said that it is 202 square feet in the front setback. Tsoulos asked if there was anyone in the audience to speak in favor of or in opposition to the petition. Patricia Greenway said her house is next door. She said she thinks she has a 5-foot Variance. She said she does not object to Lamb going back to the same as hers, but she does not want it out any further into the front. Gene Kindrick asked if Lamb was out further at this point. Greenway said yes, Lamb is out further at this point. She said when they had a cottage there it was out as far as Lamb’s but they gave the cottage to Jane Coslick and had it moved. Greenway said when they built the one they have now, they were told they had to set it back. She said they got a partial Variance. She said they enjoy it and the view. She said she wondered how long she would be without power. She said her husband and daughter are sick. Tsoulos asked Lamb if she wanted to address the questions. Lamb said the power pole is in the way of any parking in front of the house. She said they can put the pole up and reconnect the electricity in a very short time so she does not think they are talking a long time without power. Lamb said it looks like Greenway’s house is out almost as far as the cottage. Lamb said she would not be any further out than the cottage is presently. Lamb said by building open porches Greenway’s view would not be obstructed; very little – just the railing height. Lamb said the obstruction is going to be from raising it up, which she can do without the Variance. Tsoulos closed the Hearing. Rachel Perkins moved to deny. Chandler seconded. Perkins said she is 100% for saving houses, but there are two houses and Lamb needs two lots. She said she can try to understand the Variance needs for old properties but Lamb is asking for another whole floor. Referring to the drawings, Perkins said she does not see the hardship to allow the porch Variance, and there is the situation of moving the house. She said if they are going to have to destroy the footprint for the Variance, then the house is moved. She said if the house is moved out for the other house to get in, the house is moved, and that is contrary to several parts of the Code. Perkins asked Dee Anderson if Lamb can raise the house without a Variance. Anderson said she can go in the existing footprint, straight up. From the audience, Lamb said she could add a 25 by 43 foot portion in the back, two-stories. Perkins asked Anderson for the Section of the Code. Anderson read Section 5-090 (E.1.b.) of the Land Development Code. From the audience, Lamb spoke, but Tsoulos told her the Public Hearing was closed. Brown said Lamb can raise the house but can not add more than 50%. Anderson said the Building Code says if you go over 50% of the value of the structure you have to bring the whole thing into compliance with the Building Code. Lamb said the 50% rule does not apply because all she is doing is raising it up and building on the back. Tsoulos told Lamb the Public Hearing was closed. Lamb asked if they could vote on each Variance separately. Tsoulos said they could. Perkins said there is a conflict in the Code: 3-020 conflicts with 5-090. Anderson said 3-020 says any nonconforming structure may be demolished and rebuilt, and cannot be rebuilt more than 100% plus 50% of what is there. He said 5-090 says it can be lifted straight up. Tsoulos said the issue is the Variance. Brown said Lamb would have to bring it into compliance if it is over 50% of the value of the house, and it may cost more than that to build a 25 by 40 on the back. The vote to deny was unanimous. Tsoulos told Lamb she had the right to go before City Council on July 13. Lamb asked how she could get a vote on the parts of the petition. Tsoulos said the motion was to deny the petition. Tsoulos asked Anderson and City Attorney Bubba Hughes. Hughes said if nobody makes a motion to approve a particular part of the Variance than it all stands denied. He said Planning Commission has the right to determine whether they want to address them individually or not. Tsoulos asked if they could do that now. Hughes said yes. Tsoulos opened the floor for a motion. Susan Hill motioned to approve the addition of 202 square feet of porches to square off the cottage. There was no second. There was no response to Tsoulos’ call for another motion. Ron Jacobs presented a Zoning Variance petition for owner Gilda DeMott for 606 Miller Avenue, PIN 4- 0005-13-003, Zone R-1. The Variance was from Section 5-010 (K) of the Land Development Code, Prohibit Placing Materials. Jacobs said on March 22, 2006 they were issued a building permit to construct a single family residence. On May 16, 2006 they were issued a Stop Work Order. He said the permit they were issued had a site plan that showed the structure encroaching in a wetlands area. Jacobs said they are petitioning to have the permit reenacted. He said they have contracted with EMC Engineers to have the wetlands that were affected mitigated by using the same area that was affected and have the 3 wetlands area rebuilt. He said they would be agreeable to have EMC inspect the wetlands after it is created and before any Certificate of Occupancy is issued. He said their goal is to get back to work. Rachel Perkins asked if they were going to repair the wetlands. Jacobs said yes, through grading and planting. Perkins said she drove by during a rainstorm and the wetland is functioning. Barry Brown asked if the wetlands were a retention area. Jacobs said it would not hold water; it is not a retention area. Susan Hill asked about the house being built not being the one that the building permit was issued for. Jacobs said the house that was submitted is the house that is being built. He said the only discrepancy was that the drainage plan footprint was in error. Anderson said a new drainage plan has been submitted and approved. Hill asked how they got into the 25-foot DNR line. Anderson said there is no 25-foot DNR line. He said it is considered wetlands. Anderson said the Corp of Engineers does not require a permit to fill wetlands of this nature because it is so small. He said this was the first application since that Ordinance was put into place and they were used to following the Corp of Engineers ruling. He said they have met with the Corp of Engineers and gotten educated. Gene Kindrick asked about the drainage from other yards. He asked if that would all drain off to the south. Jacobs said that was correct. Chuck Powell asked Anderson if the City was satisfied. Anderson said he has to get this Variance in order to continue building and that is the hold up right now. Tsoulos asked if anyone in the audience wished to speak in favor or in opposition. She closed the Public Hearing. Gene Kindrick motioned to approve. Bill Garbett seconded. Perkins asked that the area of wetlands be delineated on the recorded plat as protected and if that needed to be part of the motion. Anderson said they do not normally record single family houses, but it could be understood in the Minutes. Sandy Chandler asked if it would be on the survey. Anderson said it could be on the as-built survey. Tsoulos said the motion is to approve with the request that the wetlands be shown on the survey. The vote to approve was unanimous. Tsoulos said the petition would go before City Council on July 13. Bobby Chu presented a Major Subdivision of Land at 707 Strand, Zone R-2, PIN 4-0005-20-006. The petition included two Zoning Variances from the Land Development Code. The first was from Section 5- 010 (J), Shore Protection with Variance Clause. The second was from Section 10-080 (E), Street Design and Construction Specifications. Chu said they are asking for a 40-foot easement instead of a 50-foot easement, which is a 10-foot Variance instead of 20-foot. Chu said the only tree they are going to lose that is of significance is a 10-inch live oak on lot 13. He said they are going to put in fifteen 3-inch live oaks throughout the property. Chu said the hardship is the land: it is the oak trees. He said they are asking for a 10-foot Variance to preserve the oak trees, except for the 10-inch. Regarding the utilities, Chu said they have worked out with the Zoning Administrator and the Water/Sewer Director to put the sewer on one side and the water on the other. He said the electric and telephone would go on the back of the property. Chu said they are in a due diligence period to move the house across Sonny Seiler’s property. He said three people want the house, and he is the fourth. Chu said the Tybee jurisdiction line will move when they move the house. He said they are asking for that Variance now also. Chu said he will be here and they can hold him accountable. Chu said they have his commitment that the trees will be saved. Bill Garbett asked if Chu was asking for Tybee’s Shore Protection Line to be put where the DNR would put it. Chu said no, if he goes to the toe of the dune he still has to go to the DNR. He said their structure would be approximately 10 feet from the toe of the dune. He said DNR has already established the toe of the dune. He said he has to get Tybee’s permission before he goes to DNR. He said DNR normally grants that variance. Rachel Perkins asked if this was a Sketch Plan. Chu said yes. Perkins said on lot 2 a building height of 35-feet would impact the trees. Chu said a register forester, John Brannon, is going to work with them. Perkins asked about house design. Chu said this is a Sketch Plan. He said if they have to shrink the house, they will make it work. Barry Brown asked about the building setback line. Chu said the 25 foot setback line would be from the center of the road to the edge of the porches. Chuck Powell asked if lot 15 and lot 1 would be placed in conservation and never be built on. Chu said they would never be built on. Regarding the trees, Powell said since this is a Sketch Plan they can be loose, but when it comes to approval of the Site Plan they will need that in writing. Chu said right. Chairperson Lawanna Tsoulos asked if anyone in the audience wished to speak in favor or in opposition. Jeanie Hutton said on Thirteenth Lane Chu brought in a horticulturalist for tree protection, and the tree was delimbed and it is no longer the tree that was there originally. She said conservation easements are a wonderful idea but down the road it may not be protecting the tree. Joe Edwards said he lives next to the proposed development and he supports it and has no problems with it. Emmett Daniel, Seventh Terrace, said he supports Chu. Tsoulos closed the Public Hearing. Sandy Chandler motioned to approve. Gene Kindrick seconded. Perkins said they are voting on a Sketch Plan. Barry Brown asked if they were voting 4 on the Variances. Tsoulos said yes, and Chu has gone beyond what is required for a Sketch Plan. The vote to approve was unanimous. Tsoulos told Chu he would go before City Council on July 13. The final item under Old Business was a Dark Sky Initiative Subcommittee update. Chairperson Lawanna Tsoulos said Bill Garbett, Honor Hutton, Rachel Perkins, and Chuck Powell are on the Subcommittee. Chuck Powell said they spent an evening driving around the island with light engineers and other people looking at lighting and at the proposed ordinance. He said they are in the process of educating themselves about lighting issues and they are not ready to bring it to the Planning Commission or to City Council. Powell said Henry Levy chairs the subcommittee. Powell said they are possibly going to bring in a speaker. He said as they go along they want to include input from everyone that is interested in the issue. Bill Garbett said Charlie Brewer is on the subcommittee. Garbett said Brewer is retired from Savannah Electric and he will be preparing Minutes from the island tour meeting. Tsoulos said all Planning Commission members will be made aware of future Dark Sky Subcommittee meetings. Beginning the New Business section of the Agenda, Dick Smith represented petitioner Mack Kitchens for a Zoning Variance at 160 South Campbell Avenue, Zone R-2, PIN 4-0016-02-012. The Variance is from Section 3-020, Continuance of Nonconforming, of the Land Development Code. Smith said an existing one-story structure will be destroyed and a new structure built back in the same footprint with the exception of two areas that encroach beyond the marsh buffer line. Smith said there will also be an addition within the setbacks. He said this is permitted by Code but must still come before Planning Commission. Rachel Perkins said the diagram did not show parking. She said there are two City trees in front of the house. Smith said the parking will be beneath the house and will be addressed on the building permit. He said they are not asking for a building permit; they are asking to remove the house that is there and rebuild in the footprint. He said the two required parking spaces will be under the house. A slide of the current driveway was shown. Perkins said she wants the City’s trees to have full protection. Perkins asked if it was asbestos siding on the current structure. Dee Anderson said it appears to be and they will have to take all the proper abatement procedures when they demo. Powell asked if they were adding a 200 or 400 square foot bedroom. Smith said the drawing scales to 336 square feet. Chairperson Lawanna Tsoulos asked if there was anyone in the audience to speak in favor of or in opposition to the petition. Barry Brown motioned to approve. Gene Kindrick seconded. Perkins reiterated that there are City trees that could be negatively affected. Anderson said they will make sure the trees are protected. The vote to approve was unanimous. Tsoulos told Smith the petition would go before City Council on July 13. Curtis Hanks represented petitioner Steve Watson for a Text Amendment to Section 4-050 (L), District Use Regulations – Maritime District (Zone M-D), of the Land Development Code. Hanks said the request was to amend the Maritime District to add uses permitted for single- and two-family dwellings over commercial. He said this has been discussed with the City as part of a proposed settlement of the pending litigation of the Lazaretto Creek area. He said he anticipates as part of the proposed settlement a Site Plan being submitted by Watson at the next meeting, but at the moment he is simply asking that the Planning Commission consider amending the Maritime Zoning Ordinance so that it will accommodate the uses Watson is requesting. Hanks said he will either defer or refer to the City for whatever comments they want to make on this because there has been extensive discussions between Watson and the City in terms of an ultimate settlement of the litigation. He said this is part of the proposal that is going to ultimately be presented. Barry Brown asked what was different now from two years ago when this was changed. Hanks said he could not answer that question; he is not representing any of the parties in the litigation. Hanks said the City is in the litigation and [City Attorney] Bubba [Hughes] may be able to answer that question if he wants to. Brown asked City Attorney Bubba Hughes if there was any merit in the rumor that if this goes through the lawsuit would disappear. Hughes said this is the first step in the process of potentially resolving the litigation. He said there have been discussions. He said there are no assurances of approvals on anything because it involves Text Amendments, Site Plan Approvals, or Special Reviews and it has to go through the Public Hearing process. He said in the event the proposals were to go forward and their project be approved, such as they bought the property, it is his understanding that that would resolve the litigation where the litigation is seeking to build a boatel or condominiums. He said this is the first step in a number of Public Hearings that would have to be held. Sandy Chandler said this is essentially the same project as two years ago. He said the only thing difference is they removed parking from underneath and have put commercial spaces on the ground 5 floor. Hughes said now they are just talking about the Text Amendment, but the plan that has been discussed is nothing like the plan that was presented two years ago; it is not a condominium development as was what was presented when the litigation began. He said they would have to see the plan once it is finalized. Hughes said this was to potentially amend the District Regulations to permit mixed use of residential over commercial. Chairperson Lawanna Tsoulos said this is not a Site Plan; it is an Amendment to the Text to allow a use after Special Review. Brown asked who Steve Watson was representing. Hughes said they are authorized by the current owners to make the appropriate applications. Brown asked if there would be workshops like there were two years ago. Hughes said he did not know; there would have to be Public Hearings. Chuck Powell said, to answer Brown’s question, it says this is for the Burns Tract on the petition. Powell said the litigation has nothing to do with the Planning Commission. He said the Planning Commission should not be asked to make any decision based on threat of or existing litigation. He said Planning Commission is being asked to consider this Text Amendment, and litigation should not be brought into the discussion. Hughes said he agrees but he was answering the question that was asked. Bill Garbett asked Hanks if could give justification for the change. Garbett said he has not heard anything other than that there is litigation that would support changing the allowed uses in the Maritime District. Hanks said you can not look at it in a vacuum; the issue of litigation is part of what has to be considered. He said Watson has proposed the Amendment so that mixed use can be in the Maritime District and there will be a proposed Site Plan submitted, but the Zoning Ordinance would have to be amended first. Hanks said the zoning issue is the issue in litigation. He said they are here as part of the discussion of that litigation and a proposed settlement of it. Tsoulos asked if there was anyone in the audience that wished to speak in favor of or in opposition to the petition. Tsoulos said they would allow 10 minutes per person. Edwin Longwater said what has changed is just the parties presenting the argument for a Text change. He said Paul Burns is not here; they have Steve Watson who is not the property owner. Longwater asked why they would want to allow residential into the Maritime District, especially when there are so many other creative types of enterprises which would enhance Tybee’s only waterfront. He said two previous Councils have rejected this type of development and the last Council further enacted that there would be no type of housing. He said [Frank] Matthews spoke to both DNR and Council on numerous occasions and he owns where most of the shrimp boats are, and he said that any type of residential in the Maritime District would not enhance his business but adversely affect it by increasing his taxes and it would make him more in line to sell his property or building condominiums and it would destroy the fishing fleet, not to mention the charter fleet and other businesses in the area. He said the site may be of archeological significance. Longwater said there were drainage issues involving not only the sewage but also runoff. He said it would add at least 60 vehicles coming and going daily at the most dangerous intersection on Tybee. He said development of this nature would destroy the integrity of a Maritime District. He said Maritime is not housing. He said we do not have a marina on Tybee. He said we presently do not have a place to store boats or land a barge in case of a hurricane. He said we do not have a place on Tybee to launch boats. Longwater said the request for a Text Amendment to change the Maritime District would be a great mistake for all of Tybee. Bill Walsh said he has been operating a marina at Lazaretto Creek for close to 30 years and his father operated it prior to him. He said it is on the north side of the bridge and holds about 16 boats. He said people call him all the time looking for dock space. He said there is insufficient dock space on Tybee; there needs to be more dock space, not less. He said residences are going to do away with the docks because the residents are going to have the docks and there would not be parking for other people to come in. Walsh said we need a Maritime community; we do not need residential areas. He said Tybee needs places for boats; we have enough places for people to live. Gail Lamb asked if this affected any other parts of Tybee. Tsoulos said the Text Amendment would address the Maritime District only. Lamb asked if that was more than the part that is in litigation. Tsoulos said it is the entire Maritime District. Cullen Chambers said he came to speak in opposition of the Text change. He said Tybee spends a great deal of money enticing tourism on the premise that we are something different. He said the drive along the marshlands sets the tone for what people can anticipate coming to our island. He said Lazaretto Creek sets the stage. He said no parcel of property gives us the opportunity to establish for all purposes that we are a maritime community. He said this is the last and only opportunity we have to maintain a fishing fleet and shrimp fleet. In regards to hurricane preparedness, Chambers said we have no facility currently that would accommodate launching boats or a barge system to bring emergency supplies and workers back to the island should we face a major catastrophic event. He said he stands in total opposition to this change. Chambers said this change would represent something that is a long, long way from what Tybee wants and needs. Tsoulos closed the Public Hearing. Chuck Powell motioned to deny. Sandy Chandler seconded. 6 Powell read that the purpose of the Maritime District shall be to protect the character of the commercial development along Lazaretto Creek within the City limits of Tybee Island. He said to add a change in the Text to mention the word single-family or residential goes totally against the opening sentence of the definition of a Maritime District. Rachel Perkins said she loves the idea of a boat owner or a shrimper being able to spend the night near a shrimp boat, or a bait shop owner being able to sleep upstairs, but she does not think that is what they are talking about. She said she is not opposed to people living in the Maritime District but she is opposed to this the way it is worded because she knows it is not what she is envisioning. Brown said a couple of years ago the idea was to try to keep it so the shrimpers could stay there. He said Tybee or Chatham County is going to have to give business owners some kind of relief on their taxes or they are going to have to sell out. The vote to deny was unanimous. Tsoulos told Hanks that City Council would hear the petition on July 13. Mark Boswell represented Joe Jones for a Sketch Plan Approval and Zoning Variance requests for 15 Silver Avenue, PIN 4-0008-06-035, Zone C-1. The first Variance request from the Land Development Code was from Section 3-080 (B), Control of Access to Residential Uses. The second Variance request was from Section 3-090, Development Regulations. Boswell said he would answer the Planning Commission’s questions. Chuck Powell asked the hardship for the Variance request for the porches to extend into the setback. Boswell said the hardship is the look of the building. He said it would really help the look of the building and give it more definition. Barry Brown said the porches could be recessed 6 feet. Brown said there is a driveway issue; only one 25-foot opening is allowed. Boswell said he was under the impression that was for streets that have parking meters. Brown said no, one building site can have one entrance no greater than 25-feet when it crosses the property line. Boswell said they are putting in less density then they are allowed to; they could put 7.5 units but are putting in 6 units. Brown said without parking they could not put a seventh unit. Brown said they can stack parking by unit. Brown asked if this was a Sketch Plan. Tsoulos said yes, with two Variances: one for the setback and one for the driveway. Tsoulos asked if there was anyone in the audience that wanted to speak in favor or in opposition to the petition. She closed the Public Hearing. Bill Garbett moved to deny. Honor Hutton seconded. Dee Anderson asked if the motion was to deny everything. Garbett asked if the Sketch Plan is denied could Jones come back with a revised plan at the next meeting. Anderson said what they mainly want to look at is the Variances. He said if the Variances are denied Jones will have to come back with a Site Plan that meets the setbacks and driveway requirements. Tsoulos said the motion is to deny this Sketch Plan and both Variances. Rachel Perkins said she believes part of the reason for limiting it to one driveway for residential use was the number of parking meters that were being taken up, and that is not a factor here. She said you can have two driveways if the lot is over 100 feet and this lot is 120 feet. Garbett said they can come back with a better plan that more closely meets the requirements of the Code. Voting in favor of the motion to deny were: Brown, Chandler, Garbett, Hutton, and Powell. Voting in opposition to the motion to deny were: Hill, Kindrick, and Perkins. Boswell asked if they had to submit as drawn to City Council or could they redraw it. Anderson said if it is changed it has to come back to the Planning Commission. Tsoulos told Boswell City Council would consider the request at the meeting on July 13. Chairperson Lawanna Tsoulos said the Planning Commission was asked to appoint a person from the Planning Commission to be a liaison with the Ethics Advisory Board. Chuck Powell nominated Susan Hill. Barry Brown seconded. Tsoulos asked Hill if she accepted the nomination. Hill said yes. The vote was unanimous. Rachel Perkins said at the Agenda Meeting she told the Commissioners that she would be absent from the next three meetings due to work obligations. She said they are allowed to miss four meeting per year with an excuse, and she has already missed a meeting. Perkins said since the Agenda Meeting she realized the Planning Commission runs from February through January. She said if all goes well she will not be here in January although she will be here October, November and December. She said asking the Planning Commission to excuse her for five meetings is too much and she will be submitting her resignation to City Council. Chair Lawanna Tsoulos told Perkins she has been a valuable member of the Planning Commission. Tsoulos said they will need to appoint a Vice Chair. She said that will be on the Agenda for the next Meeting. Chuck Powell commended Perkins for her service. 7 Susan Hill asked about the sample Developer’s Agreement that City Manager Diane Schleicher distributed at the Agenda Meeting. Chairperson Lawanna Tsoulos asked how they would like to proceed. Bill Garbett said it was an example and that Staff could come up with a formal procedure. Dee Anderson said the City Attorney has been out of town and Staff will be getting back with the Commissioners. Chuck Powell said it is already in their power to say they want things in writing. He said he hopes it will not be a real complex thing because it is already in their prerogative. Anderson said each agreement would be different. He said they have already used something similar with Ocean Inlet. Tsoulos said there have been problems when a property has sold. Tsoulos said they will be waiting to hear from Staff. Barry Brown motioned to adjourn. Gene Kindrick seconded. The vote was unanimous.