The regularly scheduled meeting of the Pooler Planning and Zoning Commission was held on Monday, January 14, 2008 at 6:00 p.m. Members present were Wilson Roberts, Larry Olliff, Robert Byard, Nannette Ringham, Charles Archer, Mary Louise Lanier and James Reardon. Councilwoman Rebecca Benton, Councilman Bruce Allen, City Manager Robbie Byrd, Planning & Zoning Assistant Kimberly Classen, and Zoning Administrator Jackie Carver were also in attendance. Chairman Wilson Roberts called the meeting to order at 6:00 p.m.

Charles Archer gave the invocation and Wilson Roberts led the Pledge of Allegiance.

The minutes of the previous meeting were approved as printed upon a motion made by Larry Olliff. Motion was seconded by Charles Archer and passed without opposition.

 

PUBLIC HEARING:

 

1. Dorsey Property Development, LLC petition to rezone approximately 20.74 acres comprised of Lot 18 & 19 and portion of Lot 17 of the D.R. Thomas Tract (also known as 1465 East Highway 80) from C-2 to I-1. A motion was made by Commissioner Archer to move this item to the end of the agenda due to the number of adjacent property owners present to voice their concerns and issues.  Motion was seconded by Commissioner Olliff and passed without opposition.  Attorney John Hart, representing the petitioner, Mr. Billy Dorsey, presented the zoning request to the board for their review and recommendation.  Mr. Hart stated that the petitioner has been utilizing this particular site for over 30 years for automobile repairs, trailer repairs, tire sales, and trailer storage areas since the time it was unincorporated Chatham County. He further stated that the City of Pooler annexed this property in the late 90’s with the front of the property being zoned I-1 (Light Industrial) and the rear of the property being zoned C-2 (Heavy Commercial).  The petitioner is requesting that all of his property be zoned I-1 (Light Industrial) to be consistent with its use.  Attorney Hart stated that the use of the property will not be changed in the future if the re-zoning request is approved.  Mr. Dorsey stated that a meeting was held last week with the adjacent property owners concerning the re-zoning request.  Mr. Hart stated that the only concern that was mentioned by the adjacent property owners during the meeting was the dust coming from the site.  Mr. Hart further stated that three (3) speed bumps have been installed at the front of the development to reduce the speed of the trucks which would reduce the amount of dust being generated.  After further discussion with the adjacent property owners, Mr. Dorsey agreed to install six (6) additional speed bumps. Chairman Roberts stated that he has been aware of the ongoing complaints regarding the dust, lighting, and the amount of noise being generated after hours.  In response, Attorney Hart stated that the tire re-capping business is responsible for producing much of the loud noise and Mr. Dorsey has installed truck mufflers on the vents coming out of the buildings to reduce the noise coming from the machines.  Commissioner Archer questioned the previous allowed use of the property prior to annexation by the City of Pooler.  Commissioner Ringham questioned the petitioner concerning other solutions to the adjacent property owners’ concerns.  In response, Mr. Dorsey stated that as a result of the meeting held with the adjacent property owners last week, he has decided to install truck mufflers to reduce tire re-capping machine noise, install speed breakers, and re-route trucks in a different direction entering the yard.  He further stated that, years ago a wooden privacy fence was installed for the adjacent church.  Public Comments:  Betty Rahn, resident of 5132 Old Louisville Road since 1959, stated that the dust has been and continues to be a health hazard. She further requested that the board require the entire area to be paved with asphalt or concrete.   Kathy Mathis, adjacent property owner, appeared before the board to reiterate the message conveyed in the letter presented to the board regarding her concerns.  Ms. Mathis is the wife of the Pastor of Faith Bible Baptist Church located at 5137 Old Louisville Road.  Some of her concerns include the amount of dust being generated from the site, the loud noise due to trucks hooking up to trailers, and noise generated from the tire re-capping machines. (See attached letter). Randy Sowell, resident of 5126 Old Louisville Road, appeared before the board to state that he contacted the Environmental Protection Agency in February of 2006 and an agent was assigned to investigate the complaint.  He further stated that he was informed by the agent that the property was in violation of the Georgia Clean Air Act under the Fugitive Dust Clause.  Written documentation from this investigation was requested by Chairman Roberts.  Katherine Harvey, adjacent property owner, of 5066 Old Louisville Road, appeared before the board and presented photographs that demonstrated   insufficient buffering from Old Louisville Road.  There were several others that appeared before the board to express their concerns regarding the ongoing problems with dust and noise.   Petitioner’s Comments:  Attorney Hart, representing the property owner Mr. Dorsey, stated that the information concerning the fugitive clean air act is inconsistent, due to the fact that he was the attorney who handled the case for Mr. Dorsey.  He further stated that there was no violation of the clean air act, and they had no jurisdiction over the property, although the agent did meet with Mr. Dorsey and himself to express the concerns of Mr. Sowell. Chairman Roberts asked Mr. Dorsey if there is any way he and the adjacent property owners can come to an agreement to resolve these concerns. Mr. Dorsey further stated that he has complied with the request of the adjacent property owners. Board Comments: Chairman Roberts asked the attorney to produce copies of the old county maps to illustrate the original zoning of the property before annexation.  With no further public comments, a motion was made by Commissioner Archer to table the rezoning of the Dorsey Property consisting of approximately 20.74 acres comprised of Lot 18 & 19 and portion of Lot 17 of the D.R. Thomas Tract (also known as 1465 East Highway 80) from C-2 to I-1, until documentation can be presented to illustrate the previous zoning classification prior to annexation.  Motion was seconded by Commissioner Larry Olliff and passed without opposition.

 

OLD BUSINESS:

 

2. Landscape Plan Review for Denny’s Restaurant located at the corner of Governor Treutlen Drive and San Drive.   Jared Mock with Maxwell-Reddick and Associates presented the landscape plan to the board for their review and recommendation. The landscape plan was tabled at the December 10, 2007 Planning & Zoning Meeting because of the tree ordinance not being met.  Mr. Mock stated that the number of trees on the plan has been increased to a total of 24 to meet the requirements of the tree ordinance.  Commissioner Archer questioned the number of trees being planted so close together and if this would affect the growth of the trees in the future.  In response, Mr. Mock stated that a licensed landscape architect had not reviewed the plan, but he feels comfortable with the type of trees, the number of trees, and the placement of trees on the site. With no other comments, a motion was made by Commissioner Olliff to recommend approval of the landscape plan for Denny’s Restaurant located at the corner of Governor Treutlen Drive and San Drive.  Motion was seconded by Commissioner Reardon and passed without opposition.

 

3. Landscape Plan Review for Spring Lakes Plaza located on the north side of Jimmy DeLoach Parkway.  Commissioner Reardon stepped down to excuse himself from any discussion of this item.  Chip Butts with Kern-Coleman and Company presented the landscape plan to the board for their review and recommendation.  The landscape plan was tabled at the December 10, 2007 Planning & Zoning Meeting because of the required buffer not being shown on the plan.  Mr. Butts stated that the landscape plan has been modified to show the required 20’ undisturbed buffer along the northern and western property lines.  With no other comments, a motion was made by Commissioner Archer to recommend approval of the landscape plan for Spring Lakes Plaza located on the north side of Jimmy DeLoach Parkway. Motion was seconded by Commissioner Lanier and passed without opposition. Commissioner Reardon returned to his seat on the board.

 

 

4. Landscape Plan Review for Sandcastle Learning Center located behind the Post Office on Highway 80.  Downer Davis with Davis Engineering presented the landscape plan to the board for their review and recommendation. On December 10, 2007, this item was tabled by the Planning & Zoning Board, because the landscape plan was not included in the site plan.  The landscape plan has been added to the original site plan and includes Live Oak and Maple trees within the parking area along with Cypress trees in the detention area. With no other comments, a motion was made by Commissioner Reardon to recommend approval of the landscape plan for Sandcastle Learning Center located behind the Post Office on Highway 80. Motion was seconded by Commissioner Ringham and passed without opposition.

 

 

5. Final PUD / Preliminary Construction / Landscape Plan Review for Somersby Subdivision, Phase 2 located off Pine Barren Road.   Commissioner Reardon stepped down to excuse himself from any discussion of this item. Travis Burke with Kern-Coleman & Company presented the preliminary construction plan to the board for their review and stated that the PUD Review Board recommended approval of this development prior to this meeting, contingent upon a second point of access for emergency vehicles being constructed at the cul-de-sac adjacent to Pine Barren Road.  This item was tabled during the November 26, 2007 Planning & Zoning Meeting, contingent upon the traffic study results being reviewed.  Based on the results of the traffic study, a second access point for this site would not be needed from a capacity standpoint, but it would be prudent to provide an emergency access point that could be managed and only used for emergencies.  Mr. Burke stated that Phase 2 contains approximately eight (8) acres of preserved upland buffers and approximately 24 acres of wetland area.   He also stated that trees will be planted on each individual lot and the trees directly behind lots 140 thru 150 will be a part of the tree save plan. Mr. Burke also stated that once the clearing begins, the trees to be saved will be identified as well as meeting the minimum requirement of three (3) trees per lot. With no other comments, a motion was made by Commissioner Ringham to recommend approval of the Final PUD/Preliminary Construction plan for Somersby Subdivision, Phase 2 located off Pine Barren Road, subject to a second point of access for emergency vehicles being constructed. Motion was seconded by Commissioner Olliff and passed without opposition. With no other comments, a motion was made by Commissioner Olliff to approve the landscape plan for Somersby Subdivision, Phase 2. Motion was seconded by Commissioner Byard and passed without opposition. Commissioner Reardon returned to his seat on the board.

 

 

NEW BUSINESS

 

 

6. Site Plan / Landscape Plan Review for Atlantic Southern Bank located on Lot K in the Village Quarter off of Blue Moon Crossing.  The petitioner was not present at the time this item was to be heard.  A motion was made by Commissioner Lanier to move this item to the end of the agenda.  Motion was seconded by Commissioner Archer and passed without opposition. For lack of representation at the end of the agenda, a motion was made by Commissioner Reardon to table the item. Motion was seconded by Commissioner Ringham and passed without opposition.

 

There being no further business to discuss, Commissioner Reardon made a motion to adjourn at approximately 7:25 p.m. Motion was seconded by Commissioner Ringham and passed without opposition.