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HomeMy Public PortalAbout20220418_PC_MINUTES.pdfMarie Gooding DavidSusan Hill Elaine McGruder Whitley Reynolds RodriguezMarie Martha Williams . +, r .. K. „ Georgei.,-.. Planning Commission Meeting MINUTES April 18, 2022 ANN: mii I Wo UM rcs a a f 1, 1, * . Chair David McNaughton called the April 18, 2022, Tybee Island Planning Commission meeting to order. Commissioners present were Marie Gooding, Susan Hill, Elaine McGruder, Whitley Reynolds, Marie Rodriguez and Martha Williams attended via zoom. Consideration of Minutes: Chair David McNaughton asked for consideration of the March 21, 2022, meeting minutes. Marie Rodriguez made a motion to approve. Elaine McGruder seconded. Vote was unanimous. Disclosures/Recusais: Chair David McNaughton asked if there were any disclosures/recusals: there were none. Old Business: Appeal: tree ordinance — 2 Horsepen Point Dr. — 4001.5 02001— Zone R-2 — Terry Timmons George Shaw stated applicant Terry Timmons and City Arborist Brent Levy and I revisited the property and in each case it's a palm very close to a live oak. The problem with our ordinance is it doesn't specify a preference of one significant tree over another. And it doesn't specify anything about the health of trees when they're competing. So it was not clear to us how to interpret that. In three of the cases the palms were smaller than the oaks so we took the opinion that it is better to remove the palms. And in the fourth case the oak was going to get much bigger than the palm because the palm was not going to get much bigger. Staff recommends approval of the appeal to remove the four palms. Terry Timmons, who lives at 2 Horsepen Point Drive, approached the Planning Commission and stated he noticed a fifth palm that would need to come out also. George Shaw stated the arborist may have to visit to look at that fifth tree. Elaine McGruder made a motion to approve the five trees with the condition that city staff looks at the fifth tree and decides it can be removed. Martha Williams seconded. Vote was unanimous to approve, 6-0. New Business: Site Plan approval: 923 Bay Street — Mater & Sewer new modular lab building — City of Tybee George Shaw stated that the water and sewer plant has a water testing lab. This current lab is in bad need of major repairs and will have to be demolished. This new building will replace the old building and will be moved to the other side of the property. There is plenty of separation space from the Captains Row neighborhood. Also the drainage will be able to drain the same way it has been draining towards the wetland area. Jim Klutz, who lives at I Officers Row, approached the Planning Commission and asked if the modular building will have to follow the same codes as the rest of construction on Tybee. George Shaw stated it will have to follow all state building codes. Elaine McGruder made a motion to approve. Whitley Reynolds seconded. Vote was unanimous to approve, 6-0. Discussion item: chane to tree ordinance — Sec. 7-060. — Removal of significant trees. Martha Williams stated the reason I brought this up was basically the first issue we visited this evening and that was the tree ordinance there is no mechanism in the existing ordinance for city staff to use their best professional judgement. And we have a registered arborist on staff. So I took it upon myself to add another condition and get it as close to final fonn as I possibly could for your consideration and for possible consideration by City Council. The reason for this is it's never a good practice to govern by exception and I can see that every time there is a conflict where it could go one way or another but it doesn't fit neatly into the existing criteria but we're going to get more cases before us where we have to revisit this and it causes what I call churning which means somebody has to come in and explain it to us answer all our questions, perhaps go through additional information, come back to another hearing and then go before City Council and explain the whole thing over again and that is something that could be taken care of very simply if city staff were allowed to use their professional judgement so I added a condition which reads "Ire accordance with overall tree conservation objectives detailed in Section 7-020 and in alignment with best practices of the American National Standards Institute's (ANSI) International Society of Arboriculture body of knowledge, as recommended by the zoning administrator. The rationale for the removal recommendation shall be documented and included in each permit granted by the city; and" So it is very straight forward and it's very common to refer to a professional society's body of knowledge. This was the only registered agency that governs arborists that I could find. And it consists of professional task, experience, education, agreement to a code of ethics and I used that as the standard. Marie Gooding asked George Shaw how you determined that you had the latitude to choose one tree from another. George Shaw stated because of this discussion item and because of Mr. Timmons' issue it's going to have to be determined by City Council. So we said lets go ahead and approve the tree removal of the palms and get it to council. If they disagree with that then there's no sense in going forward with this that we are discussing now. I don't know how strictly they want us to interpret this but it will call the question basically. Marie Gooding asked Martha Williams if your proposal will means that there would be no variance request. Martha Williams stated no variance needed and they use their best professional judgement. David McNaughton stated there are numerous sections in the tree ordinance that needs to be reviewed and updated. Marie Gooding made a motion that we move Martha's recommendation forward, and this would be a toe in the water to see if City Council is willing to even contemplate before we go back and ask for more changes. Elaine McGruder seconded. Vote was unanimous to approve, 6-0. Adjournment: 7:30pm Lisa L. Schaaf