The regularly scheduled meeting of the Pooler Planning and Zoning Commission was held on Monday

CITY OF POOLER
PLANNING AND ZONING MINUTES
April 27, 2009

The regularly scheduled meeting of the Pooler Planning and Zoning Commission was held on Monday, April 27, 2009 at 6:00 p.m. Members present were, Scotty Fletcher, Don Taylor, Mary Louise Lanier, Larry Olliff, Wilson Roberts, James Reardon and Nannette Ringham. Councilwoman Rebecca Benton, Councilman Bruce Allen, Mayor Mike Lamb, City Manager Robbie Byrd, 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.

Larry Olliff 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 James Reardon. Motion was seconded by Larry Olliff and passed without opposition.

PUBLIC HEARING:

1. Michael Pal’s request for a front setback fence encroachment variance at 901 Hayden Drive: Roopal Pal presented the request to the board for their review and recommendation. Mrs. Pal presented photographs to the board during the meeting along with a signed petition from the adjacent property owners conveying their approval of the variance. During the Planning & Zoning meeting, there were questions concerning the possible obstruction of view, the height of the fence, and the height of the fence post. Commissioner Taylor stated that after riding by the property, the fence did not obstruct view from either Hayden Drive or Brighton Woods Drive. Mrs. Pal stated that the height of the fence is 6’ and the posts will be cut as soon as a proposed carport is installed, since the post will serve as a support to the carport. Mr. Michael Pal stated that he has spoken with Scott McPherson, Building Code Enforcer, regarding the requirements of the proposed carport and he will abide by all of the setback restrictions. Public Comments: Roger Livingston, resident of 203 Brighton Woods Drive, expressed his approval to the board regarding the fence location. With no further comments, a motion was made by Commissioner Ringham, seconded by Commissioner Fletcher, to recommend approval for a front setback fence encroachment variance at 901 Hayden Drive. Commissioners Ringham, Fletcher, and Lanier voted in favor and Commissioners Taylor, Reardon, and Olliff opposed, thus causing a tie. Chairman Roberts voted in favor of the request, motion passed.

2. Jonathan Yates on behalf of SBA Towers & AT&T Mobility has petitioned the City of Pooler for a conditional use to construct a new WTF on Jimmy DeLoach Parkway: Jonathan Yates of Nexsen Pruett LLC on behalf of SBA Towers and AT&T Mobility presented the conditional use to construct a new WTF on Jimmy DeLoach Parkway. Mr. Yates stated that AT&T is requesting permission to construct a new wireless telecommunications tower south of Jimmy DeLoach Parkway to improve coverage to the Godley Station residential developments. A PUD Amendment to the Wynn-Cappallo PUD was approved to allow Wireless Telecommunication Facilities within commercial districts. Mr. Yates also stated that the proposed area will consist of approximately 1.6 acres but leasing only a 100’ x 100’ area to construct a 195’ non-concealed freestanding monopole tower. Mr. Yates reviewed in detail the criteria for granting a conditional use with the board. During the Planning & Zoning meeting, there were questions regarding the telecommunications site review letter received from Richard Edwards regarding the designated location of the tower and if it is correct and the placement of the antennas. In response, Mr. Yates stated that he has spoken with Mr. Edwards after receiving the letter and due to the amount of wetlands in the proposed area the tower site can not be moved any further off of the Jimmy DeLoach Parkway. In response to the placement of the antennas, Greg Knight, RF Engineer with AT&T Mobility responded by stating that the site will be deployed with both GSM and UMTS technologies, requiring multiple antennas per tower face, which need to be all the same height to fulfill the objectives, thus making flush-mounted antennas not possible. Further, this is required in order to perform the necessary communication functions of this site. With no further comments, a motion was made by Commissioner Fletcher to approve the conditional use request to construct a new WTF on Jimmy DeLoach Parkway. Motion was seconded by Commissioner Taylor and passed without opposition.

3. New Asbury Park proposed Text Amendment to add “RV Parks” as a permitted use in R-A, a Residential-Agricultural Zoning District: James Reardon stepped down to excuse himself from any discussion of this item. Terry Coleman with Kern-Coleman & Company presented the proposed text amendment to the board for their review and recommendation. Mr. Coleman stated that the approval of the proposed text amendment must include a set of Declaration of Covenants, Conditions, and Restrictions for all “RV Parks.” Further, “Article II Protective Covenants, Section 3 Land Use” will be amended to read “any part of property used for the temporary recreational vehicle campground shall not allow recreational vehicles to utilize the park for more than 6 months. If you utilize the park for 6 months you may not return within 90 days.” There was further discussion regarding the length of time the RV can remain on the site within a 1-year time frame and potential loopholes with the proposed text. Mr. Coleman presented photographs of existing RV Parks in the surrounding area to the board for their review. During the Planning & Zoning meeting, there were questions concerning “Article II Protective Covenants, Section 10 Nuisances”, the number of proposed spaces in the RV Park, and the size of the spaces. In response. Mr. Coleman stated that “nuisances” would fall under the enforcement of the City based on what is allowed within a neighborhood and that there are approximately 53 spaces with the majority of the spaces being 25 x 60 in size. Public Comments: Mr. George McDonald, adjacent property owner, expressed his concern to the board regarding the re-zoning of the surrounding properties. Further, he stated that he would like to have a privacy fence between his property and the proposed development. Sandra McDonald of 1511 Quacco Road expressed her concern to the board regarding the appearance of an RV Park, the upkeep, as well as the type of tenants. Board Comments: Commissioner Ringham asked the petitioner if he would have an issue with the text amendment being changed to add RV Parks as a conditional use rather than a permitted use. Petitioner’s Response: Mr. Coleman stated that he feels as though he is getting further and further away from getting approval. City Manager, Robbie Byrd, reminded the board that a site plan has already been approved for an apartment complex at this location. With no further comments, a motion was made by Commissioner Taylor to approve the proposed text amendment to add “RV Parks” as a permitted use in R-A, a Residential-Agricultural Zoning District. Motion was seconded by Commissioner Fletcher and passed with Commissioners Lanier and Olliff opposing. Commissioner Reardon returned to his seat on the board.

4. Southern Hospitality, LLC has petitioned the City of Pooler for an expansion of a conditional use at Pooler Fun Zone located at 1040 East Highway 80: Ann Smith, Architect with Lominack, Kolman and Smith on behalf of Southern Hospitality, LLC presented this request to the board for their review and recommendation. Ms. Smith stated that the expansion of the Fun Zone Amusement Park is currently proposed into the adjacent lot. Councilwoman Benton asked for clarification of the drawing. In response, Ms. Smith stated that everything on the drawing that is hatched is future development along with the ones that are below the property line which are encroaching into the adjacent lot. Further, the ones that are above the property line that are not hatched currently exist and the others that are hatched are planned. With no further comments, a motion was made by Commissioner Olliff to recommend approval for an expansion of a conditional use at Pooler Fun Zone located at 1040 East Highway 80. Motion was seconded by Commissioner Reardon and passed without opposition.

NEW BUSINESS:

5. Decorative Fence request by Fred Williams Homebuilders to place a 3’ double rail white decorative fence along Pine Barren Road to match existing fence on Quacco Road: The petitioner is requesting a 3’ double rail white fence along Pine Barren Road to match the existing fence located on Quacco Road. Due to the fact there were questions concerning the placement of the fence and the petitioner was not present, a motion was made by Commissioner Taylor to table the decorative fence request by Fred Williams Homebuilders. Motion was seconded by Commissioner Fletcher and passed without opposition.

There being no further business to discuss, Commissioner Ringham made a motion to adjourn at approximately 7:15 p.m. Motion was seconded by Commissioner Fletcher and passed without opposition.