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HomeMy Public PortalAbout20070717_PC_mtg_min 1 PLANNING COMMISSION CITY MANAGER Libby Bacon Diane Schleicher Demery Bishop Charlie Brewer Barry Brown, Chairperson Sandy Chandler Bill Garbett CITY ATTORNEY John Major Edward M. Hughes David Postle Chuck Powell, Vice Chairperson MINUTES Planning Commission Meeting July 17, 2007 – 7:00 p.m. Chair Barry Brown called the July 17, 2007 Planning Commission meeting to order. Other Commissioners present were: Libby Bacon, Demery Bishop, Charlie Brewer, Sandy Chandler, Bill Garbett, John Major, David Postle and Chuck Powell. David Postle was sworn in as a Planning Commission member by Mayor Jason Buelterman. Postle’s term will end January 31, 2009. Chair Barry Brown called for a motion on the Minutes of the June 11, 2007 agenda meeting. Bill Garbett motioned to approve. Chuck Powell seconded. The vote was unanimous. Brown then asked for a motion on the Minutes of the June 18, 2007 Planning Commission meeting. Bill Garbett motioned to approve. The motion was seconded by Charlie Brewer. The vote was unanimous. Chair Barry Brown opened a discussion of the proposed Coastal Protection Text Amendment. This was Ordinance Number 19-2006, and if adopted it would repeal Section 5-010 (J) of the Land Development Code. Chuck Powell said that the issue was very complex. He suggested they narrow some of the issues, eliminate some things, and then concentrate on what was left. He said that since Tybee renourishes the sand, basing setbacks on erosion rates may not apply. David Postle asked Powell if he was referring to the DNR line. Powell said he was referring to erosion rates. Postle said that the DNR line was a continental coastal issue. He said Tybee has dynamic dunes moving in both directions. He recommended removing the state’s DNR line as one of the things they are considering. The DNR line was discussed. Sandy Chandler said that beach renourishment was not a given. He also said that the DNR has maintained the coastal islands for many years and they have a reasonably good track record and working relationship. Bill Garbett said the DNR line does not apply; it is a Shore Protection Act. He said the City needs to adhere to the Beach Task Force’s recommendations. He said they need to acknowledge that the state has certain requirements for building within the dune fields. Garbett talked further about Georgia’s Shore Protection Act. Charlie Brewer discussed areas where dunes are moving seaward, dunes are moving inward, and where there are no dunes. Powell said that it was a dynamic system so they have to create a dynamic code. He said it has to accommodate all of the issues. Demery Bishop said that erosion rates and beach fill were applicable and important aspects. He suggested sub-groups to help quantify the issues. John Major stated that Tybee’s current ordinance says that Tybee will adopt Georgia’s Coastal Protection Act except that no building of any kind will take place within the area defined by the Act and that Tybee will substitute dwelling-to- dwelling for tree-to-tree. He read from the Act. He said that under certain circumstances DNR says you can build in the dynamic dune field. He said the Act says that it is incumbent upon the localities to create their own ordinances, and if they don’t protect at least to that area, the DNR would do that. He said it does not much matter whether they say 5 feet, 10 feet, or 30 feet, unless there is a teardown and rebuild and then it becomes significant. Major suggested that one of the sub-groups look at that. Brown said they are not going to be able to stop a teardown from rebuilding in the same footprint. Charlie Brewer asked Chair Barry Brown for an update of what happened since the July 11th Joint Meeting of the Planning Commission and City Council. Brown said they are going to setup sub-groups. The following sub-groups were established: 2 Christian Arden-Joly, Libby Bacon, John Major, David Postle – study Tybee’s and Georgia’s existing codes [how it is written, who it effects, how many lots it effects, how the line effects them, etc.] Charlie Brewer, Rusty Fleetwood, Perb Fortner, Lou Off – study the Corps of Engineers [data such as erosion rates, identification of areas or zones on the island, etc.] Demery Bishop, Sandy Chandler, Bill Garbett, Chuck Powell – study the DNRs of states [North Carolina, South Carolina, Georgia, and Florida] Each sub-group was instructed by Chair Barry Brown to assign a chairperson and schedule their own meetings. A timeframe for the sub-groups’ preliminary reports was set at 30 days which would be the next regular meeting of the Planning Commission on August 21, 2007. Wanda Doyle told the Planning Commission that Mayor Jason Buelterman sent a letter to the DNR. Chair Barry Brown said that he was meeting with the Mayor on July 19th. Chuck Powell asked Doyle to tell the Mayor to let the DNR sub-group know when the he hears from the DNR. Staff was asked to notify all Coastal Subcommittee members, the Mayor and the City Council of the sub-group appointments. Chair Barry Brown asked if anyone in the audience wished to speak. There being no one wishing to speak, Charlie Brewer motioned to adjourn. Bill Garbett seconded. The meeting adjourned.