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20080107_PC_agenda_mtg_min 1 PLANNING COMMISSION CITY MANAGER Libby Bacon Diane Schleicher Demery Bishop Charlie Brewer PLANNING, ZONING & ECONOMIC Barry Brown, Chairperson DEVELOPMENT DIRECTOR Sandy Chandler Brannyn G. Allen Bill Garbett John Major David Postle CITY ATTORNEY Chuck Powell, Vice Chairperson Edward M. Hughes MINUTES Planning Commission Agenda Meeting January 7, 2008 – 7:00 p.m. Vice Chair Chuck Powell called the January 7, 2008, Planning Commission agenda meeting to order. Other Commissioners present were: Libby Bacon, Demery Bishop, Sandy Chandler, Bill Garbett, John Major, and David Postle. Chair Barry Brown and Charlie Brewer did not participate at this Planning Commission meeting because they were elected to serve as City Council members beginning January 1, 2008. Powell explained that this was an agenda meeting and that the purpose was to discover what information and documents the Commissioners may need in order to put a particular item on the agenda. Vice Chair Chuck Powell reminded the Commissioners that the Minutes of the December 10, 2007, Planning Commission agenda meeting and the December 18, 2007, Planning Commission regular meeting would be acted on at the Planning Commission meeting on Tuesday, January 15, 2008. Harriet Simmons represented a Zoning Variance petition for herself and her husband, Chester, at 11 Eighth Street, PIN 4-0006-01-005, Zone R-2. The request was to subdivide one lot into two lots with one lot containing an existing house and the second lot being vacant. Approval of a setback Variance from Land Development Code Section 3-090, Schedule of Development Regulations, would be needed for the proposed lot with the existing house. Simmons explained that a 6-inch variance was needed. She said they have more than enough square footage but they are 6-inches shy to the house. Demery Bishop asked if the lots were currently subdivided. Brannyn Allen said no. Bishop confirmed it was 6 inches. Simmons said that they have no intentions of building on the vacant lot; they will be selling the house and do not know if a buyer would want all of the land. Bill Garbett said that it was predicated by the house being built in 1940 and being improperly positioned on the lot. The lot as it is listed on the SAGIS website was discussed. Sandy Chandler noted that the house intrudes into the right-of-way on Eighth Street but that was a preexisting condition. Powell said that the item would be on the agenda on Tuesday evening of the next week. Lou Kietzman represented a Zoning Variance petition for 1106, 1104 and 1102 Estill Avenue and 1017, 1015, 1013, 1011, 1009, and 1007 Solomon Avenue, PINs 4-0021-12-008, -009 and -010; 4-0021-11-002, -003, -004, -005, -006, and -007, Zone R-1. The request was to fill wetland, requiring a Variance from Land Development Code Section 5-010(K), Prohibit Placing Materials in the Marshlands. Kietzman stated that a letter was given authorizing Kietzman to act on behalf of owner Tom Sullivan. Kietzman referred the Commissioners to a letter from the Corps of Engineers. Kietzman said he spoke with Mark Padgett of the Corps and that Padgett said 2.4 credits of approved wetland needed to be purchased. Kietzman said that there were 60 credits available for purchase and that he will purchase the required credits prior to the City Council meeting. Kietzman referred to the City Council Minutes of September 14, 2006, and said that the Planning Commission did recommend approval of the project. Libby Bacon asked if the Corps of Engineers letter to Sullivan was transferable. Kietzman said yes. Engineer Mark Boswell said that a Corps designation was for a property, not an owner. Downer Davis confirmed that and Brannyn Allen said that Padgett confirmed it. Bill Garbett asked about the silt fence currently at the site. Boswell said that the silt fence was outside of the buffer. A clearer copy of the site plan was requested. Demery Bishop asked why filling of the wetland was denied by City Council. He asked if that was based on a wetland issue. Boswell said that there was confusion over fresh water versus saltwater marshland. Garbett said that he disagreed with that. Bishop stated that there had been infrastructure development there. He read from Land 2 Development Code Section 5-010(H), that “there shall be no excavation or addition of soil, trees, or water until all proper permits are obtained.” He said that all means all. Bishop said that what had been done appeared to be incorrect, if not illegal, based on Tybee’s regulation. Boswell said that they have not touched the wetland. Bishop said that they do not have all permits in place. Bishop and Boswell discussed the issue. Allen said that the reason a permit was not issued for filling the wetland was because Council denied that. She said that they were allowed to move forward with construction with the understanding that there would be no land disturbing activities in the wetland. She said there was not a permit necessary to fill the wetland because they were not going to be filling them. Bishop said that he did not agree with that interpretation. Allen, Bishop and Boswell discussed the permitting. John Major asked what was different now. Kietzman said that they are hoping that City Council will see that the lots can be filled. Bishop asked if it was because it was a new Council. Vice Chair Chuck Powell said that the question was out of order. Powell asked that Allen and City Attorney Bubba Hughes rule on the Code issue that Bishop made. Bishop asked about the nationwide permit expiring on March 18, 2007. Allen said that Padgett explained to her that the permit did expire but the applicant had up to one year to complete the allowed activities from the date of issuance. She said that because they had started construction prior to the expiration, they have until March 18, 2008, to complete what was allowed. She said that in order to do that the fill would have to be completed no later than March 18, 2008. Sandy Chandler asked about the unopened streets. Boswell said that they do not intend to open anything that the City had not already approved to be opened. Kietzman confirmed that. Major asked how many lots were substandard lots. Boswell said probably all of them. Major said that in order to put a single family home on a substandard lot the lot must be served by water and sewer. He said that at the time of the original request the lots were not serviced by water and sewer. Allen said that issue had been decided and that Hughes had blessed it. She said that the issue was a variance request to fill wetland. She said that the subdivision was permitted; Hughes reviewed the substandard lots of record and the infrastructure request and found that they satisfied the legal requirements. She cautioned the Commission about expanding the issue before them. Allen said that the lots were platted in 1928. The substandard lots of record were discussed. Major asked if the subdivision was under litigation. Allen and Kietzman said that there was no litigation. Bishop said that what has occurred historically was germane in order to make the best decision. Major asked for the current zoning of the property. Allen said it was R-1. Major said it was R-T in the Minutes when it last went through. Major recommended to Kietzman that he state the hardship in terms of the ordinance for the next meeting. Libby Bacon asked for a plat that had the dimensions of each lot. Boswell asked for the code section that defined hardship. Allen said she could provide it. Powell asked if drainage was included. Allen said no. Powell said that filling of the wetland could adversely affect the nearby salt marsh. He asked where the water would go and if an environmental impact statement was needed. Boswell said that the water would still cross Solomon Avenue. Boswell said that the runoff would not increase due to filling the wetlands; it would still be the same runoff factor. He said that it was deemed as a non-functioning wetland. David Postle said that Sullivan said he walked every lot and never got mud on his shoes. Postle said that there was 10 inches of water currently standing in the wetland and if the wetland was filled, the water had to go somewhere. Powell said that he would address that to Allen. Bacon asked where the water was coming from. She asked if it was filled, would it continue to be boggy. Boswell said that the water was coming from Bay Street. He said there was a designed outfall structure into the saltwater marsh and by State law they were allowed to do that. Major said that it seemed the wetland was becoming more of a wetland because Sullivan deemed it a flat ditch with trash in it and dry. Major said he was there at low tide when there had not been rain and there was quite a bit of water in it. He asked if it had become a different wetland than it was 18 months ago. Kietzman said that it seemed to be the same. Powell told Kietzman and Boswell that Minutes and a DVD of the things requested at this meeting would be available. The item was placed on the January 15th agenda. Brian Curran represented a Site Plan Approval petition for 1002 Highway 80, PIN 4-0026-11-002, Zone C-2. The request was to place an ice vending machine at a vacant lot. Curran referred to a comment letter from Downer Davis. It was discussed that the letter was a punch list that Curran’s engineer would use to update the drainage plan to meet the City’s requirements. Brannyn Allen explained the project and said that Curran was willing to improve Polk Street from the driveway to Highway 80. John Major asked about a billboard on the Site Plan. Allen said that the billboard had been approved and permitted. Demery Bishop asked if all of the Site Plan requirements had to be met. Allen said that since there was not any parking it was moot to ask for a parking plan. Bishop asked about a drainage plan, tree removal, tree protection, topographical, and other requirements of a Site Plan. He confirmed that it was zoned C-2. Bishop asked if it was a retail store. Allen said that City Attorney Bubba Hughes said that there had to be level of reasonableness and the applying of common sense. She said that while the ordinance did not specifically say an ice machine was allowed in C-2, it certainly was a compatible and appropriate use. Bishop asked if Polk Street was also known as Salt Meadows. Allen said yes. Bishop asked if 3 the property was for sale. Curran said yes. John Major asked about the plan for utilities. Allen said that there was a water meter there and power was available off of Highway 80. Major asked if the neighbors would be notified. Allen said that they would be notified like any other Public Hearing; the property would be posted and the adjacent neighbors would be notified. Libby Bacon asked about the punch list letter from Davis. Allen discussed the letter with Bacon. Bill Garbett asked about a drainage plan. Allen said that the site had been over engineered; the City engineer did not feel the retention pond was necessary. She said that Curran and his engineer had been responsive to the City’s comments. Allen discussed that a permit would not be issued for anything until Davis and the City had blessed it. She said that they are looking at a Site Plan, not an engineering plan. Garbett said that one of the items that should have been presented was a drainage plan. Vice Chair Chuck Powell spoke of that being one of the issues the Commissioners would discuss at a Work Session on February 4th. He said that the Site Plan checklist had come up numerous times. Allen said that in terms of the engineering and drainage, because of the proximity to State water, Curran would need to apply for a Land Disturbing Permit so an additional level of review would come into play. Garbett spoke about the saltwater marsh. Allen said that the Corps and the DNR would have to be involved. Powell told Curran that the item would be on the January 15th agenda. The next item was a Minor Revision to a Subdivision at the request of Clyde Johnson. This would not be a Public Hearing. It was for Battery Drive, PIN 4-0024-02-003, Zone R-2, and dealt with the surface of a private drive. Brannyn Allen said that it was a request to amend the original subdivision plan, which called for asphalt. She said the petitioner would like to change the plan and use limestone aggregate, which was there now. She referred the Commissioners to letters from Hunter Saussy and from Downer Davis. Libby Bacon said that she had spoken with Johnson’s daughter about possibly representing her on a project in Savannah. Allen said that would not be seen as a conflict; there was not a relationship there. Bill Garbett asked if the original surface was permeable asphalt. Allen said that it was not. Davis said it was to have been a conventional hard pavement like that on the streets of Tybee. Bishop asked if was going from nonporous to porous. Allen said no, what was there was not porous and that they are not required to have porous. Vice Chair Chuck Powell said that the item would be on the agenda. Vice Chair Chuck Powell said that he would be presenting the items at the January 10th City Council meeting. This would be the items the Planning Commission considered at their December meeting. Vice Chair Chuck Powell requested that a meeting date be set for the Coastal Protection Ordinance Subcommittee. It was decided to add the item to the end of the January 15th meeting of the Planning Commission. The work of the Subcommittee was discussed. Vice Chair Chuck Powell said that new Planning Commission members would be appointed by City Council on January 10th. Brannyn Allen said that they would be sworn in at the Commission’s regular meeting in February. Plans for orientation of the new members were discussed. Vice Chair Chuck Powell encouraged the members to attend the February 4th Planning Commission Work Session. John Major said he would not be able to attend. He asked if it would be taped. Brannyn Allen said that it would not be taped. The meeting adjourned.