HomeMy Public PortalAbout20220321_PC_MINUTES.pdf
PLANNING COMMISSION CITY MANAGER
Marie Gooding Shawn Gillen
Susan Hill
David McNaughton
Elaine McGruder COMMUNITY DEVELOPMENT DIRECTOR
Whitley Reynolds George Shaw
Marie Rodriguez
Martha Williams CITY ATTORNEY CITY ATTORNEY
Edward M. Hughes
Planning Commission Meeting
MINUTES
March 21, 2022
Chair David McNaughton called the March 21, 2022, Tybee Island Planning Commission meeting to order.
Commissioners present were Marie Gooding, Susan Hill, Elaine McGruder, Whitley Reynolds, Marie
Rodriguez and Martha Williams.
Consideration of Minutes:
Chair David McNaughton asked for consideration of the February 14, 2022, meeting minutes. Martha Williams
stated one of her comments was written wrong and needed to be changed. Lisa Schaaf stated she would fix the
comment. Susan Hill made a motion to approve. Whitley Reynolds seconded. Vote was unanimous to approve with
changes, 6-0
Disclosures/Recusals:
Chair David McNaughton asked if there were any disclosures/recusals: there were none.
Old Business:
Chair David McNaughton asked if there was any old business: there was none.
New Business:
Appeal: tree ordinance – 2 Gabby Lane – 40003 01036 – Zone R-1-B – Jay Schmetz
George Shaw stated Mr. Schmetz had a tree company come out to cut some trees and the company cut ten when he
asked them to only cut five. There was no permit issued. Officer Hattrich and the tree arborist came to the site after
the trees were already gone. They issued tickets for the ones that were gone. There was no way to tell the health or
status of the trees prior to their removal. There were also some in the marsh buffer which is not allowed at all. Staff
recommends the mitigation requirement stands as is. Marie Gooding asked if the home owner has been fined.
George Shaw stated he have been cited and will go to court after the mitigation determination is made. Chair
David McNaughton asked if we know the name of the contractor who cut the trees. George Shaw stated it is in the
packet and not a company we are familiar with. Marie Rodriquez asked Officer Hattrich if he talked to the
company that cut the trees. Officer Hattrich approached the Planning Commission and stated yes, when they
arrived on scene he did not recognize the name of the company and they did not have any identification and did not
speak English. One of his assistants did speak English and had identification so Officer Hattrich issued him the
citations, his name is Ishmeal Padilla. The company could not show any business license and he is not registered as a
contractor with the City of Tybee. Officer Hattrich also stated he and the arborist did observe the ten stumps and
measured the diameter and it was his opinion that all of those trees at breast height would have exceeded the
diameter for a tree pursuant to our code sections. So he did issue ten citations to Mr. Padilla who has also been in
front of the judge with the owner of the company. Officer Hattrich stated he also cited the owner of the property
since he hired the company that cut the trees. The judge postponed any decision so that this process can go through
and the mitigation requirements can be met. Officer Hattrich also contacted DNR Deb Barreiro to come look at the
trees in the marsh. DNR Deb Barreiro stated the ones near the marsh are very close to the jurisdiction line but she
did not want to pull a line since the city was taking care of the citations. Marie Rodriquez asked Officer Hattrich if
he asked the company if they cut more trees than they were supposed to. Officer Hattrich stated no, he is not
required to ask anything like that and this is something that he’s brought up since we issued the citations, the owner
was not on site. Jay Schmetz, who lives at 1121 Sandhill Road, Guyton, approached the Planning Commission and
stated he has some pictures that show the trees look dead and he handed it to the Planning Commission to look at.
He stated he was unaware he needed a permit to cut trees. Also the company employees did not speak English and
just misunderstood what he wanted. Martha Williams asked if the contractor had a valid business license and was
registered with the city. Jay Schmetz said no. He also stated he has plenty of trees left on the property. Elaine
McGruder made a motion to deny. Marie Rodriquez seconded. Vote was unanimous to deny, 6-0
Appeal: tree ordinance – 2 Horsepen Point Dr. – 40015 02001 – Zone R-2 – Terry Timmons
George Shaw stated the applicant Terry Timmons did apply for a tree removal permit and wanted to remove a few
palm trees that he believes will interfere with the growth of live oak trees. The arborist went to the site and he did
not feel the palm trees were causing imminent damage to the oak trees or any structures. So based on our ordinance
he didn’t feel like it was appropriate to issue a permit for tree removal. Staff recommends denial for that reason.
Susan Hill stated she saw a couple that she thought could interfere with the oaks growth. She asked if under section
7 050 A if the minimum density of three trees per 4,500sqft could come into play in this situation and allow him to
take out a couple of those trees. George Shaw stated under normal circumstances yes, but unfortunately all species
of palms are considered significant and the way the ordinance is written we didn’t feel like we could approve. Terry
Timmons, who lives at 2 Horsepen Point, Tybee Island approached the Planning Commission and stated palms will
grow eight or nine inches a year and when you have high winds they will eat away the small branches and over time
it modifies the shape of the tree. He stated he is looking for about four palms to remove which is less than ten
percent of the palms that he has now. He also stated he does values live oak trees more than palms. Martha
Williams asked if he discussed his concerns with the arborist when he was there. Terry Timmons stated he never
saw him. George Shaw stated unfortunately our ordinance does not favor one significant tree species over another,
so determining which species should if any of them come out is not spelled out or clear. Marie Rodriquez made a
motion to deny. Elaine McGruder seconded. The motion failed for lack of majority vote. Whitley Reynolds made
a motion to continue until the arborist can meet with the owner. Martha Williams seconded. Voting in favor were
Elaine McGruder, Marie Gooding, Susan Hill, Whitley Reynolds and Martha Williams. Voting against was
Marie Rodriguez. Vote to continue was approved, 5-1.
Site Plan review: Fourth Street location – City Hall temporary buildings – City of Tybee
George Shaw stated that Council member Barry Brown recommended this Fourth Street site instead of the lot next
to the fire station on Jones since the city uses that location for an emergency lay down when there is a hurricane or
disaster. This site does not block any accesses to properties. It would be an inconvenience to some who come upon it
accidentally. And of course the city will have to find another staging area for some of our parades. Staff looked at it
and it will be feasible. These plans are tentative right now we will figure out better when the buildings come in.
These are two modular buildings. Elaine McGruder made a motion to approve. Whitley Reynolds seconded. Vote
to approve was unanimous, 6-0
Adjournment: 7:30pm
Lisa L. Schaaf