Council Minutes May 15, 2006

CITY OF POOLER
CITY COUNCIL MINUTES
MAY 15, 2006

The regular meeting of the Pooler City Council was held on May 15, 2006. Mayor Mike Lamb called the meeting to order at 6:02 p.m. (delayed due to the public hearing held prior). Present were Councilmen Mike Royal, Wayne Seay, Billy Stanley, Stevie Wall and Councilwoman Rebecca Benton. City Manager Dennis Baxter, Assistant City Manager Robbie Byrd and City Attorney Steve Scheer were also present. Councilman Bruce Allen was absent.

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

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

Report from the Standing Committees:

FINANCE
Councilman Stanley presented bills for payment and made a motion to pay, subject to funds. Motion was seconded by Councilman Wall and passed without opposition.

PUBLIC SAFETY
Councilman Allen was absent. Chief C.E. Chan reported on the police department activities for the month. Chief Jay Hillis reported on the fire department activities for the month.

STREETS/DRAINAGE/PARKS AND TREES
Councilman Seay reported that the street, drainage and parks and trees departments have performed routine maintenance.

WATER/SEWER
Councilman Wall reported that the water and sewer departments have performed routine maintenance.

RECREATION
Councilman Royal reported that baseball and softball is in full swing.

BUILDING/ZONING
Councilwoman Benton reported that 15 new single family residential and two (2) commercial permits have been issued since the last meeting, totaling 184 single family residential permits for the year, with 3243 inspections performed.

Mayor Lamb presented Miss Taylor Stokes, 12th District winner of the “If I Were Mayor” Essay Contest sponsored by the Georgia Municipal Association. Miss Stokes is a sixth grade student at West Chatham Middle School and a resident of Pooler. Taylor read aloud her essay to the audience.

Under OLD BUSINESS the following was discussed:

1. Requested zoning map amendment of the northern two-thirds of Lot 1 in Westside Business Park from C-2 to I-1
Mr. Baxter presented this request which was tabled from the last meeting to allow the developer to submit a concept plan addressing Council’s concerns. Attorney Phillip McCorkle was present and stated that the plan has been submitted, which addresses these issues as follows: access to the industrial area will be allowed only through Columbia Drive, and the building has been shifted to the west to allow for all repair activity to be adjacent to the Savannah Electric easement. Mr. McCorkle stated that the reason the developer is requesting re-zoning to light industrial is due to the fact that the industrial lots sold very quickly and that the heavy commercial lots have not. Councilman Wall stated that he has received opposition from Stevie Cannady, property owner of industrial land, who believes this to be “spot zoning” and asked if the developer is willing to consider no further re-zoning of any remaining lots to light industrial. Mr. McCorkle replied that Lots 11, 15 and 16 could be considered for re-zoning to light industrial, with all other lots remaining heavy commercial. Councilman Wall expressed his appreciation to the developer for working with the City on this matter, but he reiterated his concern about mixing industrial and commercial uses without a commitment from the developer to leave the remaining lots C-2. Mr. McCorkle stated that this would be a difficult request to consider, reminding Council that this is not the only place where industrial traffic will pass through commercial areas and that you cannot completely separate traffic. Councilwoman Benton asked if the developer would be willing to put a condition on this re-zoning with regards to Lots 11, 15 and 16 remaining heavy commercial for a certain amount of time. Mr. McCorkle requested that Lot 9 be included. After further discussion, Councilwoman Benton made a motion to approve this zoning map amendment, contingent upon restrictive covenants being placed on all C-2 lots (except Lots 9, 11, 15 and 16) for them to remain C-2, with the excluded lots remaining zoned as C-2 for at least one (1) year, and further contingent upon Planning & Zoning’s recommendation that there will be no vehicular access allowed from Highway 80 to Columbia Drive. Motion was seconded by Councilman Seay and passed with Councilman Wall opposing.

Under NEW BUSINESS the following was discussed:

1. Requested zoning map amendment at 205 E. Beatty Street from R-1A to R-2C
Councilwoman Benton stepped down from her Council seat. Mr. Baxter presented this request from Sandy Glick to re-zone her property at 205 E. Beatty Street from single-family residential to a two-family residential zone to allow her to build a duplex for her mentally handicapped sister to occupy one side and to rent the other side. A public hearing was held prior wherein several residents presented opposition to this request. Councilman Wall made a motion to deny this request, based on it being “spot zoning”, the opposition presented and the fact that there are already duplexes in the area. Motion was seconded by Councilman Royal. Discussion followed wherein Councilman Stanley questioned if there was any alternative solution to this matter, possibly a hardship variance to place a mobile home behind Mrs. Glick’s residence. Mrs. Glick replied that there is no room on her lot. Councilman Seay stated that this is a unique situation. Mrs. Glick added that she would consider building one (1) small home, but there is a problem with the square footage of the lot being inadequate. Rebecca Benton, resident, addressed Council with regards to her being the only adjacent property, stating that she does not object to this request. Mayor Lamb called for the vote on the motion. The motion passed with Councilman Seay opposing.
Councilwoman Benton returned to her seat.

2. Approval of plat revision for The Arbors, Phase 7B, in Godley Station
Mr. Baxter presented the plat revision for The Arbors, Phase 7B, stating that Planning & Zoning and staff have recommended approval. Councilman Wall made a motion, seconded by Councilman Royal, to approve this request. Motion passed without opposition.

3. Approval of minor subdivision of Lot 37, Westside Business Park, to create lots
37A, 37B & 37C
Mr. Baxter presented this request from the developers of Westside Business Park. Councilman Wall made a motion to approve this minor subdivision. Motion was seconded by Councilman Stanley and passed without opposition.

4. Approval of preliminary construction plan for The Farm at Morgan Lakes, Phase 2
Mr. Baxter presented the preliminary construction plan for The Farm at Morgan Lakes, Phase 2. Councilman Wall asked if there was an amenity package for Phase 2, and if it was complete. Murray Marshall was present on behalf of the developer and stated that all the amenities are in Phase 1 and are not yet completed. Councilman Wall made a motion to approve this preliminary construction plan, contingent upon EPD approval and the conditions placed on the approval of the plans for Phase 1 of The Farm at Morgan Lakes with regards to the amenities. Motion was seconded by Councilman Royal and passed without opposition.

5. Acceptance of maintenance bond/approval of final plat for The Grove at Brighton
Woods Subdivision
Mr. Baxter presented this request from the developers of The Grove, stating that Planning & Zoning and staff have recommended approval. Councilman Wall made a motion, seconded by Councilwoman Benton, to accept the maintenance bond and approve the final plat, contingent upon the city attorney approving the bond. Motion passed without opposition.

6. Approval of recombination plat at 205 Sheftall Street
Mr. Baxter presented this request from the owner, Louie Winskie, to combine three (3) lots to make two (2) lots on his property. Councilwoman Benton made a motion to approve this recombination. Motion was seconded by Councilman Royal and passed without opposition.

7. Approval of recombination plat of Lot 1 and a portion of Lot 2, Warnell Subdivision
Mr. Baxter presented this request from Robert B. Baker to recombine an 86 acre portion of Lot 2 of the Warnell Subdivision with his existing 180.53 acre parcel (Lot 1) to be able to have access to the 86 acre parcel. Councilman Wall made a motion, seconded by Councilwoman Benton, to approve this recombination plat. Motion passed without opposition.

8. First Reading on ordinance regarding mixed drink excise tax
Mr. Baxter presented this ordinance to establish a three percent (3%) mixed drink excise tax, stating that this issue has been brought before Council in the past and was postponed to determine if Chatham County was going to levy the tax. Mr. Baxter stated that the County has indeed taken steps to levy this tax and has notified the City of its intent. Councilman Wall stated that the City had received a letter from the County last year warning of this impending tax prior to it being voted on and expressed concern over the fact that this year the County notified the City after it was voted on. Mr. Baxter added that the funds collected could be earmarked for recreation. Further, that if the City does not adopt this ordinance, the County will proceed with adopting an ordinance and collect this tax, effective September 1, 2006. Councilman Wall made a motion to approve this ordinance on First Reading, with the funds being earmarked for recreation and the implementation date being as late as possible. Motion was seconded by Councilman Seay and passed without opposition.

Councilman Wall addressed Council with regards to the possibility of moving the July 3rd meeting to Wednesday, July 5th, to accommodate those people who may have travel plans for the 4th of July. Mayor Lamb asked that this issue be placed on the next agenda.
Ann Royce, consultant working with Chatham Area Transportation, addressed Council in regards to a transportation development plan, asking for people to be part of a focus group to determine if the public is interested in public transportation coming to the area.

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

Respectfully submitted,

Maribeth Lindler
City Clerk

______________________________
Mayor

Public Hearing

A public hearing was held prior to the regular City Council meeting on May 15, 2006. Mayor Lamb called the hearing to order at 5:45 p.m. Present were Councilmen Mike Royal, Wayne Seay, Billy Stanley and Stevie Wall. City Manager Dennis Baxter, Assistant City Manager Robbie Byrd and City Attorney Steve Scheer were also present.

The purpose of this hearing was to discuss a requested zoning map amendment at 205 E. Beatty Street from R-1A (single-family residential) to R-2C (two-family residential). Sandy Glick, owner, presented this request to re-zone her property to allow her to build a duplex. Mrs. Glick stated that her plan is for her sister, who is mentally handicapped, to occupy one side and rent the other side out. Councilman Wall presented concern over this being “spot zoning” and that there are already several duplexes in this part of the city. Further, that a duplex will create traffic problems with different people coming in and out of the area and set a precedence for others who may want to build duplexes in the future. Mrs. Glick stated that there are no other lots in the area where duplexes could be built. Councilman Wall replied that there are already areas in the City zoned for duplexes and recommended that this request be looked at as a hardship in the future. Further, that the Council has turned down three (3) requests in the past and that approving this would set a precedence. Councilman Seay stated that there are circumstances to be considered. Jerry Hillis, resident, addressed Council favorably on this issue. Terra and Glenn Hartshorn, residents, presented their concerns over increased traffic and the possibility of more people wanting to build duplexes, adding that another duplex is not appropriate for the area and that property values will be lowered. Mrs. Glick replied that her sister does not drive and that she will be very discreet about who lives in the adjoining unit. Another resident, Mr. Generette, addressed Council with concern about whether Council can guarantee there won’t be any further re-zoning to duplexes or apartments in this area.

There being no further discussion, the hearing was adjourned at approximately 5:58 p.m.

4. Approval of site plan for a YRT2 Communications building at The Farm at Morgan Lakes

Mr. Baxter presented the site plan for a building to house equipment for cable, security systems, internet and phone services for the residents of The Farm at Morgan Lakes. Councilman Allen made a motion to approve this site plan, contingent upon a fence enclosure being provided with heavy landscaping to shield the pre-fab building. Motion was seconded by Councilwoman Benton and passed without opposition. 

5. Approval of revised plat to correct lot numbers for The Retreat @ Forest Lakes, Phases 2 and 3

Mr. Baxter presented the revised plat for Phases 2 and 3 of The Retreat @ Forest Lakes to correct lot numbers. Councilman Wall made a motion, seconded by Councilman Allen, to approve this revised plat. Motion passed without opposition. 

6. Approval of site plan for Advance Auto Parts on W. Highway 80

Mr. Baxter presented the site plan for the proposed Advance Auto Parts to build a 10,000 square foot building, stating that all the engineer’s comments have been addressed. Dinks Dupree of Southeastern Capital, LLC was present to answer any questions. Councilman Allen asked if there was adequate room on the site for trucks to enter and exit, which Mr. Dupree replied that the site will allow for trucks to back in and exit going forward to Highway 80. Councilman Wall questioned whether the petitioner was in agreement with Planning & Zoning’s recommendations in regards to the dumpster enclosure being constructed of masonry and additional landscaping being placed along the eastern property line adjacent to Demas Road, which Mr. Dupree replied that this was agreed to. After discussion, Councilman Wall made a motion to approve this site plan, contingent upon Planning & Zoning’s recommendations and the driveway permit being issued by the Department of Transportation. Motion was seconded by Councilman Allen and passed without opposition. 

There being no further business to discuss, Councilman Allen made a motion to adjourn at approximately 7:10 p.m. Motion was seconded by Councilman Wall and passed without opposition.

Public Hearing 

A public hearing was held prior to the regular City Council meeting on April 17, 2006. Mayor Mike Lamb called the hearing to order at 5:45 p.m. Present were Councilmen Bruce Allen, Mike Royal, Wayne Seay, Billy Stanley, Stevie Wall and Councilwoman Rebecca Benton. City Manager Dennis Baxter, Assistant City Manager Robbie Byrd and City Attorney Steve Scheer were also present. 

The purpose of this hearing was to discuss: 

1) A requested zoning map amendment of Lots 12, 13, 14 and 15 in Westside Business Park from C-2 to I-1, Lots 11, 16 and 17 in Westside Business Park from C-2 to I-1 (with conditions), and the northern two-thirds of Lot 1 in Westside Business Park from C-2 to I-1 - 2195 Developers, LLC has petitioned the City to re-zone Lots 12, 13, 14 and 15 from C-2 (heavy commercial) to I-1 (light industrial), Lots 11, 16 and 17 from C-2 to I-1 (with conditions) and the northern two-thirds of Lot 1 from C-2 to I-1 to accommodate the proposed Komatsu Dealership. All of these lots are in Westside Business Park. Attorney Phillip McCorkle presented this request, providing an explanation of how the demand for light industrial zoned lots is greater than the developer had expected. Councilman Wall stated that there is a problem with the amount of industrial lots, expressing concern over tying these lots into commercial lots. Further, that the developer originally planned a small amount of industrial lots and has since asked for recombinations of some of the lots, which was not favorable, reiterating the fact that the developer does not need to tie anymore commercial and industrial lots together on the south side of this development. Councilman Wall questioned why the sign at the intersection of Columbia Drive and Westside Boulevard has not been placed to identify the industrial area. John Kern of Kern-Coleman & Company addressed Council, stating that the developer wants to give each business access, both in front and in back and that a commercial-type shopping center with offices and warehouses has been proposed and that the light at Coleman Boulevard will give the best access for the industrial lots. Councilwoman Benton questioned if the developer was willing to cul-de-sac Westside Boulevard of Columbia Drive to accommodate for 18-wheelers to turn around to keep the commercial traffic separate from industrial traffic. Mr. Kern replied that access is important for traffic flow and that the developer also wants to keep truck traffic off the roads in the commercial area. 

2) A requested zoning map amendment of 18 acres from a future development to a single-family attached zoning within the Savannah Quarters PUD - Lanyard Development has petitioned the City for approval of amendment #12 to the Savannah Quarters PUD to re-zone 18 acres from a future development to a single-family attached zoning. 

There being no further discussion, this hearing was adjourned at approximately 6:05 p.m.

City of Pooler, GA | 100 US HW 80, Pooler, GA 31322
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Date of Authorization: 2/13/08