Council Minutes November 1, 2004

CITY OF POOLER
CITY COUNCIL MINUTES
November 1, 2004

The regular meeting of the Pooler City Council was held on November 1, 2004. Mayor Mike Lamb called the meeting to order at 6:12 p.m. (delayed due to the public hearing held prior). Present were Councilwoman Rebecca Benton, Councilmen Mike Royal, Wayne Seay and Stevie Wall. City Manager Dennis Baxter and City Attorney Steve Scheer were also present. 

The invocation was given by Mr. Baxter and the Pledge of Allegiance was led by Councilman Seay. 

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

Mr. Baxter read aloud a letter of resignation submitted by Councilman Travis B. Cowart, Jr. 

Report from the Standing Committees: 

FINANCE

Councilwoman Benton 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 Wall reported on the community service program and the police and fire department activities for the month. 

STREETS/DRAINAGE

Councilman Royal reported that the street and drainage departments have performed routine maintenance. 

WATER/SEWER

Councilman Royal reported that the water and sewer departments have performed routine maintenance. 

RECREATION

Councilman Seay reported that the football teams remain undefeated and that basketball signups have begun. 

PERSONNEL

Councilman Seay had no report at this time.

BUILDING/ZONING

Councilwoman Benton reported that 19 new single family residential, three (3) commercial and eight (8) multi-family permits have been issued in October, with 555 inspections performed. 

Elinor Minshew, Executive Director of the Pooler Area Chamber of Commerce presented a plaque to Mike Cerrotti of Home Depot in appreciation of the work that volunteers performed at the West Chatham Elementary School, Wisteria Gardens and the Chamber office. 

In honor of the upcoming Veteran’s Day holiday, Mayor Lamb recognized the veterans that were present at the meeting.

Under OLD BUSINESS the following was discussed:

1. Second Reading on ordinance to annex 29.90 acres of the Morgan Family Tract

Mr. Baxter presented this ordinance to annex 29.90 acres of the Morgan Family Tract which the City of Bloomingdale has de-annexed. This acreage is part of a land swap between the City of Pooler and the City of Bloomingdale. Councilwoman Benton made a motion, seconded by Councilman Seay, to approve this ordinance on Second Reading. Motion passed without opposition. 

2. Second Reading on proposed zoning text amendment to create a zoning classification, R-4, Townhomes and Condominiums District

Mr. Baxter presented this zoning text amendment to create a new zoning classification, R-4, for a townhome and condominium district, stating that changes have been made as follows: add in Section 13.1 (A) to include a provision requiring the development to be a gated community with private roads; add item (7) in Section 13.1 (A), to require that the development must be a minimum of 20 acres with a maximum of 35 developable acres; remove (surface/lot size) in Section 13.1 (A) (4); and add “amenity plan” in Section 13.1 (B) after “off street parking plan”. After discussion, Councilman Wall made a motion to approve this zoning text amendment on Second Reading, subject to the aforementioned changes. Motion was seconded by Councilwoman Benton and passed without opposition. 

3. Requested zoning map amendment of 24.43 acres at the end of Governor Treutlen Road

Mr. Baxter presented this request to re-zone a 24.43 acre tract at the end of Governor Treutlen Road from C-2 (heavy commercial) to R-4, the newly created zoning district. Attorney Harold Yellin, as agent for Stefan Sanmann, was present to answer any questions. Councilman Wall stated that this is a down-zoning. After discussion, Councilwoman Benton made a motion to approve this zoning map amendment. Motion was seconded by Councilman Seay and passed without opposition. 

Under NEW BUSINESS the following was discussed: 

1. Requested zoning map amendment of 19.6 acres on the north side of U.S. Highway 80 from C-1, R-3A, R-1A to C-2

A public hearing was held prior wherein no opposition was presented. Mr. Baxter presented this request from Clyde Daniels to re-zone his property on the north side of Highway 80. The front portion of this tract is currently zoned C-1 (light commercial), while the rear western half is zoned R-1A (single-family residential) and the rear eastern half is zoned R-3A (multi-family). The developers are proposing a shopping center with out-parcels fronting on Highway 80 and a small commercial office park on the rear of the property. Attorney Phillip McCorkle was present and stated that the owner is willing to place a condition on this re-zoning to only allow the following uses under C-2 to be permitted: shopping centers with total floor space exceeding 10,000 square feet, any sales facility exceeding 10,000 square feet of floor area, liquor, beer and wine package shops, restaurant with or without alcohol sales, service stations and mini-warehouses. After discussion, Councilman Wall made a motion, seconded by Councilwoman Benton, to approve this zoning map amendment, subject to the aforementioned conditional zoning. Motion passed without opposition. 

2. Amendment to the Jabot Master Plan to include Final PUD approval for The Harmony and a requested change in the zoning of Parcel J from single-family residential to heavy commercial

A public hearing was held prior. Mr. Baxter presented Amendment #2 of the Jabot Master Plan to include Final PUD approval of The Harmony, the development standards and the change in zoning for Parcel J from single-family residential to heavy commercial. Cristy Lawrence of Thomas & Hutton Engineering Company presented the details of the proposed amendment, stating that access to the project will be from Quacco Road and the future spine road to the Pooler Parkway. This project will have approximately 500 single-family lots and 350 townhome units, as well as a 6.4 acre amenity site. Councilman Wall stated that originally the owner of this property had proposed warehouses in this area but has since agreed to build single-family residences. Further, that a 25' front setback is being requested, which the developer has agreed to. Councilman Wall presented concern over the spine road not being completed before construction on the houses begins. Ms. Lawrence replied that the spine road is not being built by the residential developer. Jeff Halliburton of Thomas & Hutton Engineering Company stated that the owner of the commercial development, by contract, must start the road construction within 18 months (and complete within 12 months thereafter) and that there is a large wetland crossing to be designed as well as coordination with the Savannah Ogeechee Canal Society. Further, that the developer will put as much construction traffic through the spine road as possible. Police Chief C. E. Chan presented his concern regarding the two (2) nearby schools, stating that the spine road is a necessity and that there needs to be a plan to regulate the dump trucks traveling through this area. Rick Fitzer, developer, addressed Council in regards to his willingness to do whatever it takes to expedite the design and construction of the spine road and that it could be one and one half (1 ½) years to two (2) years before residents actually begin moving in to this development. Further, that any restrictions need to be discussed during the development review and not at this time. Mr. Rich Devlin, resident of Bridgewater Subdivision, asked that this item be tabled in order for the developer to re-evaluate his plan. A resident whose property backs up to this development requested that the spine road be completed first. Mr. Scheer stated that the traffic issues should be discussed during development stages and that the issue at hand was to amend the PUD master plan. Mr. Baxter reminded the residents that this land is already zoned for single-family residences and that as many as 1100 can be built, but the developer is downsizing the number of homes and is planning to build townhomes. Mr. Halliburton reiterated the fact that the developer is willing to provide a 25' front setback, with five (5) dwelling units per acre, instead of six (6) as previously requested. Mr. Scheer stated that the traffic concerns will have to be addressed before final approval of the development. Charles Archer, resident in Bridgewater Subdivision, questioned whether the land disturbing activity permit would be approved by Council. City Planner Robbie Byrd replied that the application is sent to the State of Georgia. After further discussion, Councilman Wall made a motion to approve Amendment #3 for the Jabot PUD Master Plan to include Final PUD approval of The Harmony and the development standards, and to change the zoning of Parcel J from single-family residential to heavy commercial. Motion was seconded by Councilwoman Benton and passed without opposition. 

3. Approval of minor subdivision of Lot B, a 4.25 acre tract on Pine Barren Road

Mr. Baxter presented this request from Clem Burnsed, Sr. to subdivide a 4.25 acre tract on Pine Barren Road into two (2) lots. Councilman Wall made a motion, seconded by Councilman Seay, to approve this minor subdivision. Motion passed without opposition. 

4. Request to subdivide two (2) acres out of a 42.43 acre tract known as Lot 5A located in the southwest corner of Godley Station Boulevard and Pooler Parkway

Mr. Baxter presented this request to subdivide two (2) acres out of a 42.43 acre tract known as Lot 5A, located in the southwest corner of Godley Station Boulevard and Pooler Parkway. Councilman Wall made a motion to approve this minor subdivision. Motion was seconded by Councilwoman Benton and passed without opposition. 

5. Approval of amendment to water & sewer agreement with the Morgan Family

Mr. Baxter presented a modification to the water and sewer agreement with the Morgan Family, stating that the amount of the construction cost has been increased to $2,275,000, which is the new amount of the letter of credit submitted by the Morgan Family. After discussion, Councilman Wall made a motion, seconded by Councilwoman Benton, to approve this amended water and sewer agreement. Motion passed without opposition. 

6. Approval of change order #1 for Reuse Force Main project

Mr. Baxter presented this change order in the amount of $6800.00 to allow for a heavier wall pipe to be installed to provide a higher safety factor for the future life of the pipe, considering the critical location of the line. After discussion, Councilman Wall made a motion to approve this change order. Motion was seconded by Councilwoman Benton and passed without opposition. 

7. Award bid for installation of speed bumps on S. Skinner Avenue

Mr. Baxter presented a bid for the installation of three (3) speed bumps on S. Skinner Avenue, stating that Council approved this project on August 16, 2004. Councilman Wall stated that this is being done on an experimental basis and that traffic studies will be conducted in other areas to see if it warrants placement of speed bumps. Mr. Hillis Byrd, resident, asked that N. Rogers Street be considered and Mr. John Powell, resident on N. Newton Street requested the same for Symons and Newton Street. Councilman Seay stated that these streets will be next for consideration. Mr. Baxter stated that these streets will have to wait to be overlaid before speed bumps can be placed, noting that S. Skinner Avenue has just been overlaid. Councilman Wall made a motion to approve this bid in the amount of $9000.00. Motion was seconded by Councilwoman Benton and passed without opposition. 

8. Request to subdivide 9.58 acres out of the 1317.25 acre Morgan Family Tract at the northeast corner of Pooler Parkway and Pine Barren Road

Mr. Baxter presented this request from The Morgan Family to subdivide 9.58 acres out of their 1317.25 acre tract at the northeast corner of Pooler Parkway and Pine Barren Road. Councilman Wall made a motion to approve this minor subdivision. Motion was seconded by Councilwoman Benton and passed without opposition. 

There being no further business to discuss, Councilman Wall made a motion to adjourn at approximately 7:40 p.m. Motion was seconded by Councilwoman Benton and passed without opposition. 

Public Hearing 

A public hearing was held prior to the regular City Council meeting on November 1, 2004. Mayor Mike Lamb called the hearing to order at 5:45 p.m. Present were Councilwoman Rebecca Benton, Councilmen Mike Royal, Wayne Seay and Stevie Wall. City Manager Dennis Baxter and City Attorney Steve Scheer were also present. 

The purpose of this hearing was to discuss: 

1) A requested zoning map amendment of 19.6 acres on the north side of U.S. Highway 80 from C-1, R-3A, R-1A to C-2 - Clyde Daniels has petitioned the City to re-zone 19.6 acres on the north side of Highway 80 to C-2 (heavy commercial). The front portion of this tract is currently zoned C-1 (light commercial), the rear eastern half is zoned R-3A (multi-family) and the rear western half is zoned R-1A (single-family residential). The developer is proposing a shopping center with out-parcels fronting on Highway 80 and a small commercial office park on the rear of the property, with a 50 foot natural buffer (thick tree line) and a 6' privacy fence located 10' off the property line. Attorney Phillip McCorkle was present on behalf of the owner and stated that he is willing, as recommended by Planning & Zoning, to place a condition on this re-zoning to allow only the following six (6) uses permitted in the city’s C-2 zoning: shopping centers with total floor space exceeding 10,000 square feet, any sales facility exceeding 10,000 square feet of floor area, liquor, beer and wine package shops, restaurant with or without alcohol sales, service stations and mini-warehouses. (All permitted uses in C-1 would be allowed.) 

2) An amendment to the Jabot PUD Master Plan including Final PUD approval for The Harmony and a change in zoning of Parcel J from single-family residential to heavy commercial - This project will be accessed from Quacco Road and the future spine road to the Pooler Parkway and will consist of approximately 500 single-family lots and 350 townhome units, with a proposed 6.4 acre amenity site. Cristy Lawrence of Thomas & Hutton Engineering Company presented the amended Jabot PUD Master Plan, stating the lots are at least 55' wide and are at least 7000 square feet. Further, that a construction access would be provided. Councilman Wall stated that the front setbacks for the townhomes needs to be 25' instead of 20'. Rich Devlin, resident, presented opposition to having 850 more homes built in this area, stating that additional traffic will create a safety issue for the school children. 

There being no further discussion, the hearing was adjourned at approximately 6:07 p.m.

City of Pooler, GA | 100 US HW 80, Pooler, GA 31322
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