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HomeMy Public PortalAbout20070409_PC_agenda_mtg 1 PLANNING COMMISSION CITY MANAGER Libby Bacon Diane Schleicher Demery Bishop Charlie Brewer ECONOMIC DEVELOPMENT DIRECTOR Barry Brown, Chairperson Sharon Marshall Sandy Chandler Bill Garbett CITY ATTORNEY Susan Hill Edward M. Hughes John Major Chuck Powell, Vice Chairperson MINUTES Planning Commission Agenda Meeting April 9, 2007 – 7:00 p.m. Chair Barry Brown called the April 9, 2007 agenda meeting to order. Other Planning Commissioners present were: Demery Bishop, Charlie Brewer, Sandy Chandler, Bill Garbett, Susan Hill, John Major, and Chuck Powell. Libby Bacon was absent. Chair Barry Brown said that approval of the Minutes would be at the regular meeting on April 17, 2007. Chair Barry Brown opened the discussion of a proposed Text Amendment to the Land Development Code [LDC]. It was a Coastal Protection Ordnance that City Council had sent to the Planning Commission with recommendations of 25 feet from the landward toe of the dune and amendments to the plant list. If approved, Section 5-010 (J) of the LDC would be repealed. Brown gave the history of the current ordinance. The group discussed the proposed Text Amendment, Tybee’s current ordinance and the state’s regulations. Charlie Brewer asked if the Planning Commission could make changes to the proposed Text Amendment. Brown said that they could make recommendations. Sharon Marshall said that the City Manager said it was fine to make suggestions or recommendations. The delineation lines of the state and of Tybee were discussed. Audience member Rachel Perkins spoke about dunes, trees and high water marks. Brown asked Perkins to hold her comments for the Public Hearing. Perkins apologized for not knowing this was an agenda meeting. Brewer asked for a drawing of a typical situation or situations showing the lines. Marshall said she would get with City Attorney Bubba Hughes and they would make one of what the proposed Text Amendment represents. Brown suggested using the Levy property on Eighth Lane as an example. Susan Hill mentioned other situations from 2006 that were impacted by Section 5-010 (J). The group talked further about the jurisdictional lines of the state and of Tybee. It was asked how far back from the DNR line a person is allowed to build. Marshall said that Hughes would be at the Planning Commission meeting on April 17th but she would try to get an answer up front. Bill Garbett asked for clarification of how the state establishes the jurisdictional line and a comparison of that line with the line the proposed Text Amendment would establish. Marshall said she would work on Garbett’s request. Brewer said exhibits attached to ordinances would make them easier to understand. Property rights, the movement of high water marks and dunes, and the state’s laws were discussed. Brown said it was his understanding that 25 feet from the landward toe of the dune would not be in violation of the state’s regulations. Powell said the system is dynamic and that even as the line moved the criteria of the Text Amendment would be applied. Brewer asked about trees being placed to change the geography. Brown said it would not hold up in court. Marshall said the state would say nothing could be done in the dune line. Garbett said the trees had to have existed in 1979. Hill suggested they consider a situation where people wanted to move a house. Brown said a set distance from the toe of the dune would determine the line. He asked the Commissioners to think about how far that distance should be and the properties it would affect. The item was place on the April 17th agenda. Bill Garbett asked for an update on the Soil Erosion and Sedimentation Control Ordinance. He was told that City Council would be considering the Planning Commission’s recommendation to restore the two exemptions at their meeting on Thursday, April 12th. The meeting adjourned.