Council Minutes April 7, 2014

CITY OF POOLER
COUNCIL MINUTES
April 7, 2014


The regular meeting of the Pooler City Council was held on April 7, 2014.  Mayor Mike Lamb called the meeting to order at 6:13 p.m. (delayed due to the public hearing held prior).  Present were Councilwoman Rebecca Benton, Councilwoman Shannon Black, Councilman David Burke, Councilman Mike Royal and Councilman Stevie Wall.  City Manager Robbie Byrd, Finance Officer/Assistant City Manager Michelle McNeely and City Attorney Steve Scheer were also present.  Councilman Bruce Allen was absent due to work.

            The invocation was given by Mayor Lamb and the Pledge of Allegiance was led by Mayor Lamb.

            The minutes of the previous meeting were approved as printed upon a motion by Councilman Burke, seconded by Councilman Royal, with no opposition.

Report from the Standing Committees:

FINANCE

            Councilman Burke presented bills for payment in excess of $1500.00 for payment and made a motion to pay, subject to funds.  Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY

            Councilman Royal reported that the fire department responded to 244 calls in March, totaling 706 for the year and that the police department responded to 1530 calls since the last meeting, totaling 8187 for the year.

STREET/DRAINAGE

            Councilwoman Benton reported that the street and drainage departments performed routine maintenance.

WATER/SEWER

            Councilman Wall reported that the water and sewer departments performed routine maintenance and that all parameters are being met at the wastewater treatment plant.

RECREATION

            Councilwoman Black reported that baseball, softball and spring soccer games have begun.
                                           

BUILDING/ZONING

            Councilwoman Benton reported that 15 new single family residential, five (5) attached unit and 17 commercial permits have been issued since the last meeting, totaling 46 single family, 22 attached unit and 52 commercial permits for the year, with 1360 inspections performed.

Under OLD BUSINESS the following was discussed:

1.  Recombination plat of the Daniels Tract, Phase II for Lots 1, 2, 3 and a portion of the       common area

            The owner of buildings #700, #500 and #300 at 1018 W. Highway 80 submitted a recombination plat to create Lots 1, 2 and 3 for each building to have a separate lot with shared parking.  Councilwoman Benton made a motion to approve the plat.  Motion was seconded by Councilwoman Black and passed without opposition.

Under NEW BUSINESS the following was discussed:

1.  Zoning map amendment of a 6.37 acre portion of the Lloyd Tract at the northwest corner of Highway 80 & Pooler Parkway from R-1A to C-1

            A public hearing was held prior.  Attorney Tom Mahoney, representing the owner, Alan Dasher, presented a zoning map amendment of a 6.37 acre portion of the Lloyd Tract from R-1A (single family residential) to C-1 (light commercial).  Mr. Mahoney stated that there are now four (4) lots being considered for re-zoning, as a “continuous” zoning of the front portion of the lots that are zoned C-1, with a frontage road proposed for access as previously requested.  Further, that his client has met with the adjacent property owner, Bill Grainger, in regards to the proposed development.  Attorney Phillip McCorkle referred to the standards, asking whether the proposed commercial development will adversely impact the property values of Mr. Grainger’s property, noting that it will restrict its development.  Mr. Grainger stated that Mr. Dasher’s property has the same standing as his, being residential, and if Mr. Dasher’s property is commercial, then his property is commercial, with access to Highway 80.  Further, that he has been contacted by Mr. Dasher  about purchasing the property, asking that any decisions be fair and equitable for each party.  Councilman Wall presented concern  about the proposed buffer and the entrance/exit being too close to the Pooler Parkway off ramp, asking for a right-in, right-out to the development and for a traffic light to be installed at Highway 80 & Sangrena Drive.  Further, that consideration be given for access to Mr. Grainger’s property from Highway 80.  Councilwoman Benton questioned whether an agreement can be reached by the property owners, wherein Mr. Mahoney replied that the parties have not reached an agreement.  Further, that adequate buffers are proposed in the plan.  Terry Coleman of Coleman Company Inc. addressed the concern about the entrance/exit, stating that Mr. Dasher has purchased additional land to provide for an access road as requested and that the Department of Transportation has approved the curb cut, based on the low volume of traffic anticipated for the development.  Councilwoman Benton made a motion, seconded by Councilwoman Black, to table the request until the next meeting.  Motion passed without opposition.

2.  Conditional use to construct a mini-warehouse storage facility in the northwest quadrant of Highway 80 & Pooler Parkway

            A public hearing was held prior. Councilman Wall made a motion to table the request until the next meeting.  Motion was seconded by Councilman Royal and passed without opposition.

3.  Recombination plat of The Retreat at Forest Lakes, Phase 1

            The purpose of the plat is to align the lot lines with the common walls of the newly constructed townhomes in Phase 1 of The Retreat at Forest Lakes Subdivision.  Councilman Wall made a motion, seconded by Councilman Burke, to approve the plat.  Motion passed without opposition.

4.  Alcoholic beverage license for Chau Mei Tsoi at Splendid Shabu

            Chau Mei Tsoi has submitted an application to serve alcohol (beer and wine) at Splendid Shabu, a new restaurant locating at 9 Mill Creek Circle, Suite B.  Mr. Byrd stated that Police Chief Mark Revenew has performed the background investigation and recommends approval.  Councilman Wall made a motion to approve the license, to include Sunday sales, with no outdoor consumption.  Motion was seconded by Councilman Burke and passed without opposition.

5.  Alcoholic beverage license for David Tonroe at B & D Burgers

            David Tonroe has submitted an application to serve alcoholic beverages at the new B & D Burgers.  Mr. Byrd stated that Chief Revenew has performed the  background investigation and recommends approval, with alcohol consumption being allowed in the outdoor dining area only with access to the area being from the interior of the establishment and emergency alarms being installed on egress points.  Councilman Wall made a motion to approve the license, to include Sunday sales, and to allow consumption of alcohol in the outdoor seating area where access is from the interior of the establishment and egress being controlled by an emergency alarm.  Motion was seconded by Councilwoman Benton and passed without opposition.

6.  Petition from residents of The Farm at Morgan Lakes regarding adjacent industrial development

            Joe Amato and Johannes de Rijck, residents of The Farm at Morgan Lakes, presented a petition requesting Council’s attention and consideration regarding the concerns held by the residents in relation to the adjacent industrial development (North Godley Industrial Park) on Jimmy DeLoach Parkway.  Mr. Scheer stated that Council cannot take action since all parties were not present.  The residents expressed concern about the noise coming from the Nordic plant, wherein Chief Revenew provided testing results in regards to decibel levels, noting that the levels are within the limits provided by ordinance.  Kathy Wilton, resident, questioned when Phase 2 of the industrial park was approved.  Mayor Lamb instructed the residents to contact Zoning Administrator Jackie Carver to obtain this information.

            There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:31 p.m.  Motion was seconded by Councilman Royal and passed without opposition.


Public Hearing

            A public hearing was held prior to the regular City Council meeting on April 7, 2014.  Mayor Mike Lamb called the hearing to order at 5:45 p.m.  Present were Councilwoman Rebecca Benton, Councilwoman Shannon Black, Councilman David Burke, Councilman Mike Royal and Councilman Stevie Wall.  City Manager Robbie Byrd, Finance Officer/Assistant City Manager Michelle McNeely and City Attorney Steve Scheer were also present.

            The purpose of the hearing was to discuss:

(1) A zoning map amendment of a 6.37 acre portion of the Lloyd Tract at the northwest corner of Highway 80 & Pooler Parkway - Attorney Tom Mahoney, representing the owner Dasher Management, presented a request to re-zone a 6.37 acre portion of the Lloyd Tract at the northwest corner of Highway 80 & Pooler Parkway.  Mr. Mahoney stated that this request has come before Council several times in the past, noting that after a technical issue was found, his client asked that his request be withdrawn and be allowed to re-apply without limitations.  Further, that since the front portion of the land is already zoned C-1 (light commercial), the request is for “continuous” zoning, to be developed as a mini-warehouse storage facility. Mr. Mahoney went over the standards for granting a zoning map amendment.   Terry Coleman of Coleman Company Inc. stated that the proposed development will provide plenty of buffer adjacent to the residential subdivision.  Attorney Phillip McCorkle, representing the adjacent property owner Bill Grainger, presented a drawing of his client’s property, stating that Mr. Dasher’s request does not take into account Mr. Grainger’s property, in that no regard nor respect is being afforded to his property rights.  Mr. McCorkle stated that irreversible limitations will be placed on the area and will result in diminished property values.  Mick Jordan, Realtor, stated that while the properties are similar in acreage, Mr. Dasher has 800 feet of frontage on Highway 80.
 

(2) A conditional use to construct a mini-warehouse storage facility in the northwest quadrant of Highway 80 & Pooler Parkway - Attorney Tom Mahoney

presented a conditional use request to allow construction of a mini-warehouse storage facility in the northwest quadrant of Highway 80 & Pooler Parkway, stating that a 25' vegetative buffer with a wall adjacent to the residential property is proposed, with additional buffer planned adjacent to homes in Sangrena Woods Subdivision.  Mr. Mahoney provided an explanation on how the request meets the criteria for granting a conditional use, stating that the proposed development will have no adverse impact on Mr. Grainger developing his property as residential.  Attorney Phillip McCorkle, stated that all of the criteria must be met, and while the previously discussed zoning map amendment request and this conditional use request are related, the standards are different, with the zoning map amendment standards being a balancing test and the conditional use standards being conjunctive and have to be proven by the petitioner prior to approval.  Further, that the proposed use will be detrimental to the use or development of adjacent properties and that it will adversely impact the property values of adjacent properties, as outlined in #2 and #7 of the review criteria standards.

            There being no further discussion, the hearing was adjourned at approximately 6:13 p.m.

City of Pooler, GA | 100 US HW 80, Pooler, GA 31322
(912) 748-7261

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Date of Authorization: 2/13/08