The regularly scheduled meeting of the Pooler Planning and Zoning Commission was held on Monday, February 24, 2003 at 6 p.m. Members present were: Wilson Roberts, Don Taylor, Debbie Ryan Watts, Charles Archer and Larry Olliff. Zoning Administrator Jackie Carver, City Planner Robbie Byrd, Councilwoman Billie Tyler and Councilmen Jack Brewton, Travis Cowart and Wayne Seay were also in attendance. Chairman Debbie Ryan Watts called the meeting to order at 6:20 p.m.
The minutes of the previous meeting were approved upon a motion made by Larry Olliff subject to correction of the word “decreased” in item 5. Motion was seconded by Wilson Roberts and passed without opposition.
PUBLIC HEARING:
1. Ron Walker, agent for Paul and Alicia Dury, has petitioned the City of Pooler to change the zoning of lot B, located on Salter Street from R-1A to R-2C. Don Taylor excused himself from any discussion on this item. Property owner Walt Barnes, agent Ron Walker and Terry Coleman of Kern-Coleman and Company presented the petition for rezoning to the board for their review and recommendation. Mr. Coleman stated his client would like to build a nice duplex with approximately 1100 square feet per unit. Many property owners in the area appeared before the board to express their opposition to the rezoning. The major concerns were: drainage issues, narrowness of Salter Street, and decrease in property values. In response, Terry Coleman of Kern-Coleman and Company stated he didn’t feel the proposed duplex would devalue anyone’s property. Furthermore, Mr. Barnes wants to be a part of the neighborhood. He plans to work with the neighbors on some screening and visual buffers. Chairman Debbie Ryan Watts and Commissioner Wilson Roberts stated that they are not in favor of spot zoning. With no further comments, a motion was made byWilson Roberts to recommend denial of this rezoning. Motion was seconded by Charles Archer and passed without opposition.
2. Recommendation to adopt Article III, General Provisions, Section I, Nonconforming Use Ordinance. The board has worked on this ordinance and was already familiar with the content. Attorney Rebecca Benton questioned item (F) regarding residentially zoned districts not being used to access non-residentially zoned districts. Mrs. Carver stated item (f) was not changed and has been in the ordinance. Ms. Benton stated that it is not being enforced and gave two examples of commercially zoned property adjacent to I-95 that is accessed through residentially zoned districts. With no further public comment, a motion was made by Wilson Roberts to approve the nonconforming use ordinance as submitted. Motion was seconded by Charles Archer and passed without opposition.
NEW BUSINESS:
3. Fortune Plaza Site Plan Review/Landscape Plan Review. Attorney Adam Kirk of Hunter, MaClean, Exley & Dunn, representing the property owner was present to answer any questions regarding this proposed development. This item was tabled for two weeks to give the developer some time to revisit alternative options for access to the property. The board was asked to review the landscape plan first. Commissioner Taylor questioned the number of 24” Live Oak Trees that are being removed from the site and the number being saved. Even though the board would have preferred to see more of the Live Oaks saved on this project, the plan meets the tree ordinance. Therefore, a motion was made by Don Taylor to approve the landscape plan. Charles Archer seconded the motion with Larry Olliff and Wilson Roberts opposing, thus creating a tie. Chairman Debbie Ryan Watts voted in favor of the motion and motion passed. Attorney Adam Kurt reminded the board members that the proposed development meets setback, parking and use requirements and that they are not requesting any variances. A letter from DOT was submitted for the record denying any curb cut for this property onto Highway 80. So even if the developer could acquire land from the railroad, they could not get access to Highway 80 without a curb cut from the DOT. Since the project is designed on two parcels there will be cross easements and a shared maintenance agreement for the detention area. Since Skinner Avenue has only a 40’right-of-way, Commissioner Wilson Roberts asked if they had checked on the possibility of acquiring additional right-of-way to widen that portion of Skinner Avenue. Stephen Staley of B.P. Barber & Associates, Inc. stated that even if they gave additional right-of-way they would still have a problem acquiring right-of-way from the Central of Georgia Railroad. Commissioner Roberts asked if the City of Pooler did not have some means for condemning property needed for additional right-of-way. Councilwoman Billie Tyler stated that she would check with the City Attorney on this matter. Ms. Tyler reiterated the concerns of the residents expressed during the last meeting. She feels this is a dangerous intersection with serious traffic issues. Many residents that live along Skinner Avenue were present to express their opposition to this development. The major concerns were: existing traffic problems, dangerous intersection, buffering, drainage problems and potential tractor trailer traffic. In response to the public comments, Attorney Adam Kirk stated that a refusal to approve the site plan as proposed by the Applicant would be unconstitutional and in violation of the Constitution of the State of Georgia and Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States. With no further comments, a motion was made by Don Taylor to deny the site plan based on potential parking designed for this project that would add to already existing traffic problems at the intersection of eastbound Highway 80 and south Skinner Avenue. Motion was seconded by Wilson Roberts and passed without opposition.
4. Sketch Plan Review of design and open space requirements of Quacco Road Subdivision. Michael Hussey of HGB&D presented the sketch plan to the board for their review and comments. The project has 43 single-family lots and is located on the west side of Quacco Road across the canal from Bridgewater Subdivision. The plan meets the City of Pooler’s subdivision and open space requirements. Therefore, Don Taylor made a motion to approve the sketch plan and proposed open space for the Quacco Road Subdivision. Motion was seconded by Larry Olliff and passed without opposition.
5. Final Plat Review of The Crossings at Godley Station. Steve Wohlfeil of HGB&D presented the final plat of The Crossings for review and recommendation. The developer would like to post a performance bond of 150% of the estimated value of improvements in order to record the plat. Downer Davis of Davis Engineering, Inc. has recommended approval of a performance bond in the amount of $1,018,454.40. With no public comment, Wilson Roberts made a motion to approve the final plat of The Crossings
contingent upon bond acceptance and approval. Motion was seconded by Don Taylor and passed without opposition.
There being no further business to come before the board, a motion of adjournment was made by Charles Archer and seconded by Wilson Roberts.