CITY OF POOLER

PLANNING AND ZONING MINUTES

                                                 JULY 9, 2007          

 

The regularly scheduled meeting of the Pooler Planning and Zoning Commission was held on Monday, July 9, 2007 at 6:00 p.m.  Members present were Larry Olliff, Charles Archer, Wilson Roberts,  Nannette Ringham and James Reardon.  Councilwoman Rebecca Benton, Zoning Administrator Jackie Carver and Zoning Assistant Kimberly Classen were also in attendance.  Chairman Wilson Roberts called the meeting to order at 6:05 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 Nannette Ringham.  Motion was seconded by Larry Olliff and passed without opposition.

 

PUBLIC HEARING:

 

1.      Conditional Use Request to operate a “Family Home Daycare” at 223 Tiger’s Paw Drive, located in the Hunt Club Subdivision.  Mindy Petrovay presented her request for a conditional use to operate a “Family Home Daycare” from her residence located at 223 Tiger’s Paw Drive in the Hunt Club Subdivision.  If approved, she would be allowed to keep from three (3) to six (6) children from approximately 7:00 a.m. until 6:00 p.m., Monday through Friday.  The proposed fence is now complete and she has received approval from the State of Georgia.  Chairman Roberts questioned if the subdivision covenants allow this type of home business. Mrs. Petrovay was not sure stating that the covenants reference
“business” but does not specifically address a “home daycare”.  When she called the developer, he stated that he would need to refer this to his attorney. With no public comments, a motion was made by Commissioner Archer to recommend approval of the conditional use request to operate a “Family Home Daycare” at 223 Tiger’s Paw Drive subject to compliance with the subdivision covenants and a letter from the Homeowners Association approving the request.  Motion was seconded by Commissioner Reardon and passed without opposition. 

 

2.      ANS Sign request for a 110’ Height Variance to erect a sign in excess of 30’ at 129 Continental Boulevard.  Lori Apperson of ANS Signs, Inc. presented the request for a sign height variance to the board for their review and recommendation.  Camping World, located at 129 Continental Boulevard, is proposing a 140’ sign in the southwest corner of the property to insure visibility from I-95. They do a lot of advertising on the web and the sign is needed to direct customers off I-95 to their location.  Commissioner Ringham asked how the 140’ sign compares with others in the area like  Microtel and Cracker Barrel   Ms. Apperson stated it is in line with the others.  Futhermore, with the tall trees and foliage between I-95 and this property, it is difficult to see the wall sign located on the building.  They have engineered drawings of the proposed sign as well as FAA approval.  There were no public comments.  After reviewing the criteria for the granting of a variance, a motion was made by Commissioner Ringham to recommend approval of the 110’ height variance for Camping World.  Motion was seconded by Commissioner Archer and passed without opposition.      

 

3.      Bear Beck, LLC. Request for a Parking Variance for a total of 4 (four) spaces, located at 125 Foxfield Way, Towne Plaza Center.  Jim Spies, Broker for First City Properties, presented the parking variance request to the board for their review and recommendation.  Towne Plaza Center is an existing retail center containing 14,260 square feet with 62 parking spaces including three (3) handicapped spaces.  There are only six (6) tenants in Towne Plaza:  Lighting One, Suntrust Mortgage, The UPS Store, Pizza Inn, Golf Etc. and Fettuccini and Co., an Italian Restaurant with 64 seats.  Pizza Inn is a take out and delivery restaurant that has relocated to a larger space on Highway 80.  A new Japanese restaurant wants to move into the old Pizza Inn space (Suite 105) and utilize the existing restaurant equipment already in place.  The restaurant will contain no more than 32 seats and the only possible impact on parking is during the lunch hours and only for four (4) days per week since Fettuccini’s is closed on Mondays and open for dinner only on Saturday and Sunday.  A parking space study was conducted for two weeks during the lunch hours of 11:30 a.m. and l:30 p.m.  It was concluded that during the lunch period there were at least 31 empty parking spaces. All of the tenants in Towne Plaza have signed a letter of support for this request.  The board discussed approving the variance and once the restaurant use vacates the unit, no other restaurant could occupy the unit.  With no public comments, Commissioner Reardon made a motion to recommend approval of the variance request for four (4) parking spaces located at 125 Foxfield Way, Towne Plaza Center contingent upon no other restaurants being allowed in this development and when this restaurant vacates Suite 105, the variance goes away, with a restaurant use no longer being allowed. Motion was seconded by Commissioner Olliff.  Motion passed with Commissioner Archer opposing.

 

OLD BUSINESS:

4.      Jerry Crosby’s zoning map amendment petition to rezone 1121 West Highway 80 from

C-1 (Light Commercial) to C-2 (Heavy Commercial).  Chairman Roberts stated that this item was tabled two (2) weeks ago to give the board an opportunity to review the zoning ordinance that limits heavy commercial lots to more than two (2) acres. Dean Kicklighter, on behalf of Jerry Crosby, appeared before the board requesting approval of a C-2 zoning for Mr. Crosby’s property located on the southwest corner of West Highway 80 and the Pooler Parkway.  He stated that this is about basic property rights.  The property is currently zoned C-1 (Light Commercial) and the highest and best use of this property is C-2 (Heavy Commercial). Mr. Crosby needs to sell his property and the rezoning would increase the probability of selling the property.  The size of the lot will limit the use and most inquiries have been for uses permitted in C-2, such as auto sales & service, a convenience store, a car wash and a package shop.  Mr. Kicklighter addressed some of the issues that were noted in the minutes of the last meeting regarding use of the access road adjacent to this property and the two (2) acre minimum referenced in the C-2 zoning.  There should be no problem with the use of the access road and he pointed out several lots in the Westside Business Park that are zoned C-2 and are less than two (2) acres. Board comments:  Councilwoman Benton asked if the tract is one (1) lot or four (4) lots.  Mr. Crosby stated that it is four (4) 50’ lots, but is under one property identification number.  Commissioner Ringham asked if Mr. Crosby has a potential buyer interested in his property and could he not wait until he has a buyer under contract and then petition the City for C-2 zoning, if required.  In response, Mr. Kicklighter stated that he could do that but feels the C-2 zoning is a logical extension of the commercial zoning at the corner of Pooler Parkway and Highway 80. Commissioner Ringham is concerned about the undesirable uses that are permitted in the C-2 zoning. Commissioner Archer stated that these uses could be deleted as conditions placed on the rezoning.  Commissioner Ringham reiterated that she would prefer to leave the zoning as C-1. Chairman Roberts stated that it seems every use proposed is listed as a conditional use in C-1 and use may be more restricted if the property is zoned to C-2.  With no public comments, a motion was made by Commissioner Archer to recommend approval of the rezoning of Mr. Crosby’s property from C-1 to C-2 with all of the uses in C-1 being allowed and the only permitted uses under C-2 that would be allowed are: (#8) liquor, beer, and wine package shops, (#10) service stations, (#11) mini-warehouses and (#12) new or used auto sales and service.  Motion was seconded by Commissioner Reardon.  Commissioners Archer and Reardon voted in favor and Commissioners Ringham and Olliff voted against the motion, thus creating a tie.  Chairman Roberts voted in favor of the rezoning and the motion passed.

 

NEW BUSINESS:

 

5.      Savannah Quarters Phase 1 ~ Final PUD Revision to eliminate the equestrian lots, increase the total number of townhomes, approve the final phase of Village Green Townhomes and increase the number of golf lot cottages from 8 to 24.   Chairman Roberts reminded the board that the PUD Review Board had recommended approval.  Hal Kraft of HGB&D summarized the proposed revisions to the Village Quarter and Clubhouse areas. He described more in detail the multi-family development proposed in place of the equestrian lots.

A. G. Spanos Companies, the proposed developer, is a national builder of high-end multifamily communities.  The project will consist of 256 units with an amenities center. With no public comments, a motion was made by Commissioner Olliff to recommend approval of the revisions to Phase I of Savannah Quarters.  Motion was seconded by Commissioner Reardon and passed without opposition. 

 

6.      Final PUD / Preliminary Construction Plan / Landscape Plan Review for Westbrook, Phase 8.  Matt Ricks of HGB&D presented the construction plan to the board for their review and recommendation.  This project was included in a revision of the Phase 4 PUD that was approved by City Council on July 2, 2007.  Phase 8 will consist of 56 single-family detached lots located off of Blue Moon Crossing. The lot sizes range from 70’ to 120’ wide and the minimum lot size would be 10,000 square feet.  The lot width breakdown includes one (1) between 70’- 80’ range, 39 between 80’ – 100’ range and 16 between 100’ – 120’ range.  With no public comments, a motion was made by Commissioner Archer to recommend Final PUD and preliminary construction plan approval for Westbrook, Phase 8.  Motion was seconded by Commissioner Reardon and passed without opposition.  After review of the landscape plan, Commissioner Archer made a motion to approve the plan. Motion was seconded by Commissioner Reardon and passed without opposition. 

 

7.      Memorial Boulevard, Phase I, Construction Plan / Landscape Plan Review.    Matt Gerkin of Thomas & Hutton Engineering Company, on behalf of 929 Properties, LLC.,  presented the plan to the board for their review and recommendation.  Phase I is a continuation of Memorial Boulevard, Phase II and is also known as the Jabot Spine Road.  Phase II is complete and extends to the traffic circle at Quacco Road.  Plans have been revised to address engineering comments and resubmitted to Bill Nicholson for his review.  With no public comments, a motion was made by Commissioner Ringham to recommend approval of the construction plan for Memorial Boulevard, Phase I.  Motion was seconded by Commissioner Archer and passed without opposition.  In reviewing the landscape plan, Mr. Gerkin pointed out that street trees are proposed every 31’ along the roadway to meet the tree ordinance.  Therefore, a motion was made by Commissioner Olliff, seconded by Commissioner Ringham, to approve the landscape plan.  Motion passed without opposition.

 

 

8.      Site Plan / Landscape Review for Goodyear located at the corner of Godley Station Boulevard and Godley Station Boulevard North. Steve Wohlfeil of HGB&D presented the site plan for Goodyear to the board for their review and recommendation. He is representing Easlan Capital, the property owner and developer. The project has been on hold in order for the infrastructure to be completed and the plat recorded for Live Oak Subdivision.  The plans have been approved by Downer Davis of Davis Engineering, NRCS and Bill Dempsey for the Godley Station PUD. With no public comments, a motion was made by Commissioner Reardon to recommend approval of the site plan for Goodyear.  Motion was seconded by Commissioner Olliff and passed without opposition.  The board commented on how nice the landscape plan was designed and since it does meet the requirements of the tree ordinance, a motion was made by Commissioner Reardon to approve the plan. Motion was seconded by Commissioner Olliff and passed without opposition.

 

9.      Site Plan / Landscape Plan Review for a commercial distribution warehouse on Lot 22, Westside Business Park.  Daniel Dasher of T. R. Long Engineering Company presented the site plan to the board for their review and recommendation.  This is a proposed 14,400 square foot building with a small office and a large warehouse that will be used to store vinyl siding.  When questioned about the dumpster location, Mr. Dasher stated that the dumpster would be constructed of masonry material and located on the rear of the property.  All of the engineer’s comments have not been addressed.  Therefore, a motion was made by Commissioner Ringham    

to recommend approval of the site plan for a distribution warehouse on Lot 22, Westside Business Park, subject to all of the engineer’s comments being addressed.  Motion was seconded by Commissioner Reardon and passed without opposition.  After review of the landscape plan, a motion was made by Commissioner Ringham, seconded by Commissioner Reardon, to approve the landscape plan.  Motion passed without opposition. 

 

10.  Acceptance of Performance Bond / Final Plat Review for Durham Park Townhomes, Phase lA.  Commissioner Reardon stepped down to excuse himself from any discussion of this item. Terry Coleman of Kern-Coleman & Company presented the bond and final plat for Durham Park Townhomes, Phase 1A to the board for their review and recommendation.  The five-lot subdivision is within the R-8 Tract and located along the Pooler Parkway, south of Pipe Maker’s Canal at the terminus of McCormick Drive.  The developer has posted a performance bond in the amount of $743,098.00 to guarantee the uncompleted improvements in order for the plat to be recorded.   With no public comments, a motion was made by Commissioner Archer to accept the performance bond and recommend approval of the final plat for Durham Park Townhomes, Phase lA.  Motion was seconded by Commissioner Olliff and passed without opposition.  Commissioner Reardon returned to his seat on the board. 

 

11.  Construction Plan Review for major subdivision @ the southeast corner of Pooler Parkway and Pine Barren Road for the Wal-Mart Super Center Site and four (4) out parcels. Tom Cetti of Thomas & Hutton Engineering Company presented the construction plans to the board for a major subdivision that includes the Wal-Mart Super Center Site and four (4) out parcels located in the southeast quadrant of Pooler Parkway and Pine Barren Road.  Commissioner Olliff asked if all of the engineer’s comments have been addressed.  In response, Mr. Cetti listed the comments and how each would be addressed.  The first comment references whether or not the City of Pooler will accept the proposed rights-of-way for ownership and maintenance.  Even through Mr. Nicholson has recommended that this not be done, Mr. Cetti

stated that the City of Pooler has agreed to accept the rights-of-way.  The second comment involves approval from Chatham County on any construction proposed in the Pooler Parkway right-of-way.  In response, Mr. Cetti stated that plans have been submitted to Chatham County for the installation of the new traffic signal on Pooler Parkway.  The third comment references

a commitment to the City of Pooler for a traffic signal to be installed at the internal intersection of the Lowes/Wal-Mart front drive at a time to be determined by the City. This has not been addressed on the plans or documented.  In response, Mr. Cetti stated that the developers are relying on the engineers and agree to install the traffic signal, if needed.  Commissioner Olliff asked how Tract B and Tract D would be accessed.  Mr. Cetti stated access to both of these out parcels would be internal through the Wal-Mart parking lot.  Mrs. Carver reminded the board that the Wal-Mart and Lowe’s development is under DRI Review by the Coastal Georgia Regional Development Center. As of this date, we have not received their report on how this development will impact the surrounding area. With no public comments, a motion was made by Commissioner Archer to recommend approval of the preliminary construction plans for a major subdivision of the Wal-Mart Super Center Site and four (4) out parcels contingent upon all of the engineer’s comments being addressed.  Motion was seconded by Commissioner Olliff and passed without opposition.

 

     12.  Wal-Mart Super Center Site Plan / Landscape Plan Review – to be located on Lot 5 within the commercial subdivision at the southeast corner of Pooler Parkway and Pine Barren Road.  The site plan for the Wal-Mart Super Center was included in the construction plans for the major subdivision and discussed in conjunction with item 11. Several of the engineer’s comments would also apply to the site plan. There was also some discussion about the landscaping plan. Chairman Roberts suggested more landscaping around the perimeter of the parking area for screening.  Furthermore, a little curve in the road would also slow the traffic on the perimeter road.  In response, Mr. Cetti stated that with such a strict time line, it would be difficult to makes changes in the perimeter road around the parking area. With no public comments, a motion was made by Commissioner Reardon to recommend approval of the Wal-Mart Super Center Site Plan subject to the internal traffic signal and the road around the perimeter of the parking lot being more curved. Motion was seconded by Commissioner Archer and passed without opposition.  Since the board requested some changes on the landscape plan, a motion was made by Commissioner Reardon to table the plan for two weeks.  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 8:50 p.m.  Motion was seconded by Commissioner Olliff and passed without opposition.