The regularly scheduled meeting of the Pooler Planning and Zoning Commission was held on Monday, March 14, 2005 at 6 p.m. Members present were: Mary Louise Lanier, Charles Archer, Wilson Roberts, Tim Lovezzola, Dennis Jones and Debbie Ryan Watts. Councilwoman Rebecca Benton, Councilman Larry Olliff, Councilman Mike Royal, Councilman Bruce Allen, Zoning Administrator Jackie Carver and City Planner Robbie Byrd were also in attendance. Chairman Debbie Ryan Watts called the meeting to order at 6 p.m.
Charles Archer gave the invocation and Tim Lovezzola led the Pledge of Allegiance.
The minutes of the previous meeting were approved upon a motion made by Wilson Roberts. Motion was seconded by Mary Louise Lanier and passed without opposition.
Chairman Debbie Ryan Watts introduced Jim McQueeney as our new alternate on the Planning and Zoning Commission. Councilwoman Rebecca Benton administered the Oath of Office.
1. Minor subdivision request from Craftbuilt Homes to subdivide 91.307 acres into Phase I and Phase II for actual land transfer. Gary Wiggin of Thomas & Hutton Engineering Company presented the minor subdivision request to the board for their review and approval. The property is being subdivided into Phase One containing 63.386 acres and Phase Two containing 27.921 acres. Craftbuilt Homes would like to purchase the land proposed for the residential development in two phases. With no public comment, Dennis Jones made a motion to recommend approval of the minor subdivision. Motion was seconded by Charles Archer and passed without opposition.
2. Westbrook Subdivision Phase 4A-1 revised subdivision plat. Richard Loudin of Savannah Quarters stated the revisions to the plat would increase the depth of lots 500-503, and slightly adjust the alignment of the side lot line between lots # 504 and 505. These are premium golf frontage lots and the potential purchasers desire some additional lot area to work with in the layout of their building footprint. With no public comment, Wilson Roberts made a motion to recommend approval of the Westbrook Subdivision Phase 4A-1 revised subdivision plat. Motion was seconded by Tim Lovezzola and passed without opposition.
3. Clearing Plan approval for Morgan’s Corner in the northeast corner of Pine Barren Road and Pooler Parkway. Terry Coleman of Kern-Coleman and Company, LLC. presented the clearing plan to the board for their review and approval. This is a proposed six-lot commercial subdivision and the developer of each lot will submit a landscape plan for the board’s approval. Mr. Coleman is seeking approval to clear the road right-of-way and detention area. To meet the tree ordinance, 40 hardwoods trees from the preferred tree list will be planted as street trees. With no other comments, a motion was made by Charles Archer to approve the clearing plan for Morgan’s Corner. Motion was seconded by Wilson Roberts and passed without opposition.
4. 2195 Developers, LLC request for a zoning map amendment to change the zoning of lot 40, Westside Business Park from C-2, Heavy Commercial to I-1, a Light Industrial Zoning. John Kern of Kern-Coleman and Company, LLC. presented the rezoning request to the board for their review and recommendation. Lot 40 is located next to the SEPCO substation on Coleman Boulevard behind the strip center. The site is developed already with a warehouse type building and the owner would like to market the site for that purpose. With no public comments, a motion was made by Wilson Roberts to recommend approval of the zoning map amendment to change the zoning of lot 40, Westside Business Park from C-2 to I-1 with the condition that the only use allowed under the Industrial Zoning would be warehousing, storage and distributing of any product or commodity. Motion was seconded by Tim Lovezzola.
5. John Kern has petitioned the City of Pooler for a 45’ front yard setback variance to allow parking within the 60 foot building setback on lots 36 and 37 in the Westside Business Park. John Kern of Kern-Coleman and Company, LLC. presented this request to the board and stated that item 6 is requesting the same variance on the other 18 industrially zoned lots within the Westside Business Park. Wilson Roberts stated that he feels a text amendment would be a better way to address this problem. The board does not feel the request meets the criteria for granting a variance. Following some discussion about a continuance or a withdrawal of the request, John Kern agreed to withdraw the variance request at this time and propose a text amendment to allow parking within the 60’ building setback no closer than 15’ from the property line in an industrially zoned business park. Motion was made by Wilson Roberts and seconded by Tim Lovezzola to accept the withdrawal of this variance request.
6. Harvey Kieffer, on behalf of 2195 Developers, LLC. is requesting a 45’ front yard setback variance to allow parking within the 60 foot building setback on all 18 industrially zoned lots within the Westside Business Park. John Kern of Kern-Coleman Company, LLC. representing 2195 Developers, LLC. reguested the variance request be withdrawn. Motion was made by Charles Archer and seconded by Mary Louise Lanier to accept the withdrawal of the variance request.
7. Review of preliminary construction plans for Park Lane Duplexes on south Rogers Street. Marlon Jackson of Alpha-Omega Engineering Co. presented construction plans on behalf of the property owner Richard F. Brown Foundation. Plans have been revised and resubmitted to the city engineer for his review. There was some discussion regarding whether a buffer is required since this is not considered multifamily. The board felt the buffer requirement was intended for multi-family developments and not R-1 and R-2 zonings. Rick Colby, resident of 802 south Rogers Street is requesting that the board require a traffic survey between the hours of 7 to 9 a.m. in the morning and 5 to 8 p.m. in the evening. Furthermore, he is concerned about left-hand turns into this site. Chairman Debbie Ryan Watts stated the traffic has been looked at in this area. Also, Commissioner Roberts stated that the opening of the Pooler Parkway has helped with the traffic on Rogers Street. Linda Hawk, representing her father G. U. Davis who owns property to the west of this development is requesting a berm and more than a 10’ setback. Furthermore, she wants to meet with the developer as to where the property line is located between the two properties. It appears the clearing encroached onto Mr. Davis’ property, according to Mrs. Hawk. In response, Mr. Jackson stated they are proposing a 6’ privacy wood fence along the property line to the north, south and west of the development that would be maintained by the property owner. With no further comments, a motion was made by Dennis Jones to recommend approval of the preliminary construction plans for Park Lane Duplexes on south Rogers Street subject to all of the engineer’s comments being addressed and a 5’ right-of-way dedication for future widening of Rogers Street being placed on the subdivision plat. Motion was seconded by Charles Archer and passed without opposition.
Chairman Debbie Ryan Watts stepped down and abstained from any discussion of items 8, 9 and 10. Commissioner Dennis Jones will serve as Chairman in the absence of Co-Chairman Don Taylor.
8. E. Wyleen Long, agent for property owners Mrs. Patricia Fulmer and Mrs. Rose Mary Parker has petitioned the City of Pooler to rezone 7.79 acres in the northwest corner of Highway 80 and Pooler Parkway from C-1 and R-1A to C-2, a Heavy Commercial zoning. E. Wyleen Long and Bob Dellenback appeared before the board to discuss the petition for rezoning of this item as well as item # 9. Mr. Dellenback stated the change in the zoning is needed to market these tracts together for a neighborhood shopping center with a national recognized grocery store and some other midsize retail shops. Billie Stack, property owner of lots 16 and 18, expressed her opposition to the rezoning. She stated she has spent a great deal of money on improvements to the two residential rental units and a development like what is being proposed would bring additional traffic, noise and adverse lighting. She would also be opposed to many of the uses that would be allowed if rezoned to C-2. Therefore, she would prefer that the zoning remain C-1. Bill Grainger, property owner to the north of these properties, approached the board to inform them that the petitioners have made several attempts to meet with him and for one reason or another they have been unable to get together. Mr. Grainger is interested in discussing how his plans could be incorporated with the proposed development. He would like an opportunity to sit down with the petitioners and discuss the best way to develop this area to benefit the entire community. At the request of the petitioner E.Wyleen Parker, Charles Archer made a motion to table the Fulmer/Parker rezoning until March 28, 2005. Motion was seconded by Wilson Roberts and passed without opposition.
9. Bob Dellenback, agent for property owner, Amy Demas, has petitioned the City of Pooler to rezone 3.3 acres in the northwest corner of Highway 80 and Pooler Parkway from C-1 and R-1A to C-2, a Heavy Commercial Zoning. At the request of the petitioner Bob Dellenback, Charles Archer made a motion to table the Demas rezoning until March 28, 2005. Motion was seconded by Wilson Roberts and passed without opposition.
10. Terry Coleman, agent for North Professional Godley Development, Inc. has petitioned the City of Pooler to remove the R-8 tract located on Pooler Parkway, south of Pipe Makers Canal, currently zoned PUD-Residential from the Godley Station (Branigar) PUD and secondly to rezone the 66.1 acres as follows: 18.6 acres to C-2, a Heavy Commercial zoning, 12.9 acres to C-P, a Commercial-Professional zoning and 28 acres to R-4, a town home/condominium zoning. Terry Coleman of Kern-Coleman & Company, LLC. presented the request for rezoning to the board for their review and recommendation. Mr. Coleman stated he knew there were a lot of concerns with the proposed development in this area back in 1997. He touched on some of these concerns but elaborated on drainage since he believed this to be a major issue. He stated the proposed project would not negatively impact the drainage of the surrounding residential neighborhood due to the following: each development will have own site detention, all existing ditches will be maintained, there will be no change in the Pipe Makers Canal but land has been dedicated for future widening, no wetlands will be impacted, developing only uplands on Tract 7 and seventeen acres have been set aside for detention buffering on Tract 7. Other issues discussed by Mr. Coleman were: no access thru Purple Finch Drive, all tracts accessed from Pooler Parkway, a new 16” water line is proposed that would boost water pressure in the adjacent neighborhood, the existing lift station in Worthington Subdivision would be abandoned and replaced as part of this development. Furthermore, Mr. Coleman stated that the owners of the proposed church site have no problem increasing the buffer between the church site and Worthington Subdivision from 50 feet to 100 feet.
Public Comments: Holly Young, resident and spokesperson for some of the residents in Worthington Subdivision appeared before the board to discuss some of their concerns with the proposed development. A major concern is the removal of this tract (R-8 tract) from the Branigar PUD and if this would set precedence for similar requests in the future.
She feels the City of Pooler should set some guidelines as to whether a property owner can opt out of one PUD and join another PUD. Furthermore, property owners that are part of the PUD should have a voice/or vote as to whether a tract can be removed from the PUD. The residents are not opposed to the church but they are very much concerned about drainage, remembering the flooding in 1994. Tract 6 (proposed C-P zoning for a church) - What would happen to the buffer if the church moves? Tract 7 (proposed R- 4 zoning for townhomes/condominiums) – Would the number of residents create a traffic problem and place an undo burden on the police department, fire department and EMS emergency services. Tracts 1 and 2-4 (proposed C-2 zoning along the Pooler Parkway) – Residents are concerned about some of the permitted uses in the C-2 zoning that would adversely affect the adjacent neighborhoods such as night clubs, truck stops and truck service centers. Several other residents of Worthington Subdivision spoke about other concerns. Dale Sanderfer Price is concerned about the proposed townhomes becoming rental units or apartments if the units are not at least 1500 sq. ft. Dave Harmon is concerned about the significant trees on the tracts, piping of the ditches and wants a guarantee that the buffer would remain undisturbed. Steve Cannady stated that he understood Tracts 1 and (2-4) were cleared without a permit and wanted to make sure this would not be the case with Tract 6, which is predominately large oaks. Holly Young pointed out to the board several items from “The standards for granting a Zoning Map Amendment” and asked if a traffic study has been done. Lucille Dowd asked if the rezoning is approved could it be stipulated to have no access from Worthington Subdivision and the 100 foot undisturbed buffer on Tract 6 would remain regardless of the usage. Roger Warnock, resident of Durden Drive, asked if the proposed buffer is an undisturbed buffer and when is the Pipe Makers Canal expansion planned. He’s very concerned about drainage with the low elevations of the land and wants assurance from the City of Pooler that the development would not negatively impact the drainage in Worthington & Gleason Heights. Dewey Whitaker, David Gross and George Dodd, residents of Durden Drive are opposed to the rezoning and any development of this tract.
Response to comments: Developer Jerry Wardlaw stated that he is willing to work with the community on the proposed development. He has no problem restricting the uses. He explained how the plan was reviewed by Wil Burgsteiner (Branigar PUD) and that a letter is on file to confirm this. If the tract was developed entirely as residential, there would be major traffic and drainage issues. This plan is a more logical use of the property. He has no intention of having a night club or a truck stop and there will be covenants to protect the integrity of the development. Terry Coleman reiterated their desire to work with the residents on addressing any concerns. Regarding the buffer, he stated it would be an “undisturbed buffer” which they may need to penetrate for a utility extension, but it would be replaced. Good sound engineering will be used to design the development plans. The units proposed on Tract 7 would be sold as townhomes and not rental units. Regarding the number of vehicles, there would be more vehicles if the property were developed with all single family residences. Regarding uses in C-2, the developer wants to market the commercial tract for possibly a strip center with 10,000 sq. ft. & restaurants and has no problem deleting service stations, liquor, beer & wine package shops. With no other comments a motion was made by Wilson Roberts to approve the rezoning of 66.1 acres as follows: 18.6 acres to C-2, a Heavy Commercial zoning, 12.9 acres to C-P, a Commercial-Professional zoning and 28 acres to R-4 a Townhome / Condominium zoning subject to the following conditions:
· Tract 6 with C-P zoning is restricted to a church use only with a 100’ undisturbed buffer.
· Tract 7 with R-4 zoning is restricted to townhome/condominium use.
· No access thru Worthington Subdivision
· Tracts 1 and (2-4) with C-2 zoning would be limited to the following uses: All Permitted uses in C-1 and the following conditional uses:
1. Eating establishments with live entertainment (#4)
2. Funeral Homes (#5)
3. Mini-warehouses (#7)
Only the following uses would be allowed under the C-2 zoning and no conditional uses:
· Shopping centers with total floor space exceeding 10.000 sq. ft. (#3)
· Any sales facility exceeding 10,000 sq. ft. (#4)
· Restaurant with or without alcohol sales (#9)
· Mini-warehouses (#11)
Motion was seconded by Charles Archer and passed with Mary Louise Lanier opposing Chairman Debbie Ryan Watts returned to her seat on the board.
There being no further business to come before the board, a motion of adjournment was made by Dennis Jones and seconded by Wilson Roberts. Motion passed.