701 G Street Brunswick, Georgia Phone: (912) Fax: (912)

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1 GLYNN COUNTY BOARD OF COMMISSIONERS MEMO TO: Glynn County Board of Commissioners 701 G Street Brunswick, Georgia Phone: (912) Fax: (912) FROM: SUBJECT: Iris M. Scheff, AICP, Planner III ZM (M) Edgewater Place DATE: March 25, 2008 BACKGROUND: REQUEST: ZM (M) - Consider a request to rezone by amending a Planned Development Master Plan and Planned Development Text for a acre property located at 3060 Old Cypress Mill Road, generally between Spur 25 and Cypress Mill Road. The property has approximately 965 feet of frontage on Old Cypress Mill Road. The purpose of the request is to amend the master plan and text so as to allow multi-family development, as well as twofamily and/or one-family attached development. The project is known as Edgewater Place. Parcel ID Taylor Hansen Haley, agent for John A. Jones, owner. APPCANT: William Ross Development, Inc., applicant with Taylor Hanson Haley of Gilbert, Harrell, Sumerford & Martin, P.C., agent, for John A. Jones of Benedict Properties, LLC, owner. PARCEL NUMBER: CURRENT ZONING: PD (Planned Development) - residential duplex development. PROPOSED ZONING: PD (Planned Development) - residential duplex development as well as multi-family development. COMPREHENSIVE PLAN LAND USE DESIGNATION: The Glynn County Future Land Use Map depicts the property as Medium to High Density Residential. EXISTING LAND USE: Undeveloped; previously used as a borrow pit for fill medium

2 by the Hercules Company. PROPOSED LAND USE: Residential duplex and multi-family dwellings. PLANNING: Overall, for the purposes of a zoning amendment staff supports the request in concept because of the limit placed on the maximum number of units, which was not increased with this proposal. However, there are some complexities outlined by Engineering in response to the original submittal of planned development materials. Accordingly, revisions have been made by the agent to Edgewater Place Planned Development text since then. Although it is generally understood that the applicant would like to remain open to the possibility of developing either duplexes, single family attached, or multi-family dwellings, the illustrative plan showed only multi-family buildings. Since master plans are adopted along with their text for a planned development, each becomes a regulatory instrument when reviewing construction proposals. If a construction plan is subsequently submitted proposing an allowed use based on the text that is not depicted on the master plan, then it will not likely be allowed. Both the text and the master site layout must be in synchrony prior to adoption, to avoid unallowed scenarios. This lack of synchrony was the case with Edgewater Place, in that it originally was approved for so-called duplex development, which was in actuality single family attached development intended for potential splitting of lots. The present amendment contemplates adding the potential for multi-family development in addition to one family attached development. A master plan illustrated how the entire parcel might be developed with multi-family structures, whereas the text contemplated a variety of residential structures. The planned development text was revised to refer to an illustrative plan, versus a master plan which would be regulatory in nature, to put the plan and the text in synchrony. ENGINEERING: As pointed out by Engineering, in the event both single family attached and multi-family development were allowed, ownership may vary from a lease to a deed, thus necessitating property division with accurate legal descriptions that match precise locations. Utility meters and their locations must also be predetermined, must be precise, and their types and locations would be dependent on the type of dwelling as to number of meters and point(s) of connection. If the site is to be subdivided as referenced in the text, lot widths must be determined prior to construction, sales, etc, of property, to prevent haphazard lot configuration. Access to the site must be limited with no direct access from residential structures to either Old Cypress Mill or Spur 25 be allowed. This is spelled out in the text. Access will be by common driveway or by internal street in the development.. Whether the multi-family structures were to be sold as individual units or condominiums in single-family ownership will affect the utility layout, particularly taps and metering. Finally, drainage from the site must be addressed at construction plan stage due to the fact that drainage easements must be provided for outfall which occurs across Spur 25. TRANSPORTATION: Parking must also be determined based on the type of dwelling

3 units, and off street parking formulas are specified in order to ensure they are adequate. An estimate of 2,400 ADT (average daily trips) would be anticipated to be generated by this development at maximum potential build-out. If fewer units are built, then the number of trips anticipated would be reduced correspondingly. UTITIES: Utility issues are described in the above discussion. SCHOOLS: The number of students likely to be located in the development are derived by multiplying a factor times the number of units, resulting in an estimate of (240 units x 0.54 students per unit = 129.6) 130 students generated from the project based on current available data. School Name Current Capacity (including portables) Current Enrollment (Sept data) Altama Elementary School Needwood Middle School Brunswick High School 1,775 1,574 FINDINGS FIRE / POCE: The Fire Department approved this site as to the rezoning request. In conformance with Section 1103 of the Glynn County Zoning Ordinance, the following findings of fact are to be considered in making a decision on a request for rezoning: Whether the zoning proposal will permit a use that is suitable in view of the use and development of adjacent and nearby property. Yes the proposed revision is suitable in that the maximum units allowed is not proposed to change, while multi-family dwellings are proposed to be added. If multi-family dwellings are developed, this should leave more green space than would be the case with duplexes. Whether the zoning proposal will adversely affect the existing use or usability of adjacent or nearby property. No, because a buffer is proposed to the south that will separate single family residences from this development. Whether the property to be affected by the zoning proposal has a reasonable economic use as currently zoned. Yes, since it is zoned for planned residential. Whether the zoning proposal will result in a use, which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities, or schools. No, as previously stated, the maximum number of units will not increase which

4 number was acceptable upon the first proposed rezoning and was therefore approved. Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive Land Use Plan. Yes, the proposed density corresponds to the Future Land Use designation. Whether there are other existing or changing conditions affecting the use and development of the property, which give supporting grounds for approval or disapproval. Yes, the cap on the number of units is supporting grounds for approval, along with the fact the same use (residential) is proposed. CONCLUSIONS: The application submitted is to allow multi-family dwelling in addition to duplex dwelling, consistent with the previously approved residential use of the site. ALTERNATIVES: 1. Approve the request as submitted. 2. Deny the request as submitted. 3. Defer the request at the request of the applicant or at the request of staff. RECOMMENDATION: Staff recommends approval of ZM (M) Edgewater Place, to amend the PD to allow multi-family use in addition to single family attached use, with the following stipulations: 1. Rename master plan site overlay map Illustrative Site Map, and depict the 25 perimeter buffer, setbacks and other map features consistent as to scale and labeling. 2. Provide certain other minor revisions as determined appropriate by the Community Development Director, prior to final consideration by the Board of Commissioners. GLYNN COUNTY MAINLAND PLANNING COMMISSION ACTION: At its meeting of March 4, 2008 the Mainland Planning Commission voted to recommend approval of this request, subject to the following stipulations: 1. Rename the master plan site overlay map Illustrative Site Map and depict the 25 ft. perimeter buffer, setbacks and other map features consistent as to scale and labeling. 2. Provide certain other minor revisions as determined appropriate by the Community Development Director prior to final consideration by the Board of Commissioners. Motion: Second: Aye: Mr. Bill Brunson Mr. Jason Counts Gary Nevill, Bill Brunson, Jason Counts, Eric Croft, Buck Crosby, Buddy Hutchinson, Wayne Stewart

5 Nay: Abstaining: Absent: None None None UPDATED REVISIONS COMPLETED BASED ON MPC ACTION Revisions based on stipulations number 1 and 2 above were completed by the applicant and the documents updated as recommended by the Mainland Planning Commission in the above action. RECOMMENDED MOTION: I move for approval of rezoning request ZM (M) amending the PD text to allow multi-family use in addition to single-family attached residential use. ATTACHMENTS: APPENDIX A LOCATION MAP APPENDIX B ILLUSTRATIVE PLAN MAP APPENDIX C EDGEWATER PLACE PLANNED DEVELOPMENT TEXT APPENDIX D SHAREPOINT STAFF COMMENTS

6 BOYD CROOMS WHITLOCK HARLEY OLD JESUP B AND W GRADE SOUTHERN DOBBS BUTTS GI M9 LANGFORD GI R6 TRACK TODD OLD CYPRESS MILL ALTAMA GOODBREAD MILLS COLONIAL KELLY ELLER WHITLOCK R6 GI FOREST JONES GREEN GI POND POPLAR GC CAHOON GI TERRY LYNCH COLONY SWEET GUM BEACON LYNCH ZM (M) EDGEWATER PLACE PD KEY HABERSHAM NE CENTER WINDRIDGE GR MR JUNIPER MILLCREST BENEDICT SHELL NEWMAN TRADE SCRANTON GC PDI GOLDEN ISLES PLZ DRIVEWAY C AND Y COMMUNITY ROSE PINEWOOD TRADE MALL KEY CIRCLE FORMOSA POINSETTA TARA SCRANTON GOLDEN ISLES CHERRY GC AZALEA SHOPPERS WOODLAND MALL MERCHANTS ROSETTA NIX NORTHPARK DRIVEWAY BOATERS GC PDR PDR COBBLESTONE GC EH PDR SUBURBAN EH COMMERCE VILLAGE AT GLYNN PLACE MR PALAMAR PDR SCRANTON GOLDEN ISLES BRISTOL GLYNN ISLES MALABAR COLLEGE PARK CYPRESS MILL MR CORAL PARK DESTINY KEVIN STAFFORD CARTERET CYPRESS MILL CYPRESS MILL SQUARE PDR OC MR YORKTOWN FAIRMAN BAYBRIDGE PDR CHATFORD BISHOP KENTSHIRE LANDOVER SAXON BUCKINGHAM PRIOR CHELSEA REEF VILLAGE LAKE VIEW HORNET PALM GREENWOOD PDR BRIDGEWATER R6 GR R6 PDR

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8 Revised Planned Development Zoning Text and Project Description for Edgewater Place Residential Use Of Acres, Glynn County, Georgia Between F-009 Spur 25 and Cypress Mill Road Parcel ID: Map Reference No: Submitted to: Glynn County Planning Commission and Glynn County Board of Commissioners By: William Ross Development January

9 A General description of the proposal To revise the existing Planned Development Text to allow for additional residential uses. The proposed master plan for the previous planned development text for the single family attached home construction shall be deleted. B. Present Ownership & Legal Description: 1. Current Owner is Benedict Properties LLC. 2. All that contain tract or parcel of land situate, lying and being in Glynn County, Georgia and being shown and designated as acres on a plat of survey dated August 27, 2007 by Thomas Edward Peay, Jr. of Frontline Surveying & Mapping, Inc., entitled Residential Boundary Topo for Choice Builders, a copy which is attached hereto and made a part hereof for all purposes, see attached survey Exhibit B. C. Land use and development standard, density, height limitation, yard requirements, and restrictive covenants. Land use: The land is to be used for the construction of residential dwelling units as permitted under Glynn County Zoning Ordinance Section 707 Medium Residential, attached hereto as Exhibit C, including, but not limited to, the following uses: single family attached homes that may be deeded as two separate family homes multi-family dwelling units Density: there shall be no more than two hundred and forty (240) dwelling units in Edgewater Place. Maximum height restriction: forty five (45) feet. Setbacks: For multi-family dwelling unit construction: the setbacks will be in accordance with Glynn County Zoning Ordinance Section 706 General Residential, as attached Exhibit C, in effect at the time this Planned Development is submitted for approval. For single family attached home construction: Each single family attached home will have minimum set back of ten (10) feet from any side street or twenty (20) feet from frontage street, ten (10) feet from the rear property line and 0 ft from any adjoining side property line (Note: no building containing multiple single family attached homes can be any closer than 14 ft. from any other building containing multiple single family attached homes). Whenever a single family attached home building is split into two single family homes the lot would be split from the center of the single family attached home creating two single family homes and lots. No single family attached 2

10 home building shall be built on any lot smaller than 8,800 sq ft with a a minimum lot size of 4,000 sq. ft for each single family attached home unit. D. Exceptions or variations from the requirements of the zoning ordinance: For multi-family dwelling unit construction: See Glynn County Zoning Ordinance Section 707 Medium Residential, attached hereto as Exhibit C. 1. Off street parking will be provided in accordance with Glynn County Zoning Ordinance Article VI, Section 611 Off Street Automobile Parking Requirements, contained in the attached Exhibit D, in effect at the time this Planned Development is submitted for approval, except that 1.5 spaces per dwelling unit will be provided instead of 2 spaces per dwelling unit. For single family attached home construction: ft. minimum road frontage width on each single family home after splitting of single family attached home building ft. minimum rear property width on each single family home after splitting of single family attached home building. 3. At some point from front property line to rear property line, the lot width must be at least 40 ft. 4. 4,000 sq. ft. minimum lot size. Every lot less than 8,800 sq ft. will be created from the division of an 8,800 sq. ft. lot. For example, if a 9,000 sq. ft lot were divided and one subdivided lot would be at the minimum of 4,000 sq. ft. lot then the remainder of the original lot would be 5,000 sq ft. E. Total number of acres in the proposed development and approximate percentages designated for each proposed type of land use, including public facilities: For multi-family dwelling unit construction: 1. Total number of acres in this development is Approximately acres proposed for development areas (roads and units, etc.) approximately % of total area 3. Approximately acres proposed for non-developed areas (lake and green space, etc.) approximately 70-75% of total area For single family attached home construction: 1. Total number of acres in this development is Approximately acres proposed for development areas (lots, roads, etc.) approximately 84-89% of total area 3. Approximately 4-6 acres for non-developed areas (lake and green space, etc.) approximately 10-14% of total area F. Tabulations showing the maximum number, type and net density of dwelling units 3

11 proposed for each building site: For multi-family dwelling unit construction: 1. There will be a maximum of 240 multi-family units on the entire development area. 2. Such multi-family dwelling units may, but are not required to, remain under single ownership and may, but are not required to, be sold to individual property owners as condominiums. For single family attached home construction: 1. There will be a maximum of 120 buildings, creating a maximum possible of 240 units on 240 lots. G. Proposed dedication or reservation of land for public use, including streets, easements and park: 1. Multi-family dwelling unit construction: The streets within Edgewater Place will be private and will not be dedicated to the County. The access road(s) to the development will be public and will be dedicated to the County. Single family attached home construction: Both the roads within Edgewater Place and the access road(s) to the development will be public and will be dedicated to the County. 2. There will be easements granted as required for utilities, drainage, water, sewer, and such other easements as may be shown and depicted upon the map or plat. In addition to the easements shown and depicted upon there is hereby reserved unto the developer and its successors, an easement five (5) feet in width on the unattached side of each single family attached home and ten (10) feet in width upon the front and rear of each lot. These easements may be used for any lawful purpose including utilities and drainage and for access to any other easement. 3. There is a lake of 6.21 acres (which will be expanded to approximately acres for multi-family dwelling unit construction) as indicated on the proposed illustrative plan. The lake shall be accessed by the residents of the Edgewater Place in accordance with reasonable rules and regulations set by the developer to be posted at the lake. H. Plans for open space, courts, walks and common areas: For multi-family dwelling unit construction: 1. There will be open space at the entrance of the development, surrounding the lake, and along the back of the development according to the proposed illustrative plan, attached as Exhibit A. 2. There will be sidewalks through the residential area of the development and trails throughout the open spaces around the lake and on the back of the development according to the illustrative plan, attached as Exhibit A. 3. The existing lake will be owned and maintained by the Developer or its successors. For single family attached home construction: 1. The yards will be maintained by the Property Owner s 4

12 Association. 2 There is a sidewalk proposed on each street. 3. The existing lake will also be owned and maintained by the Property Owner s Association. I. Plans for the provisions of utilities, including water, sewer and drains: 1. All utilities are run underground in the street right of way. 2. Utilities will be constructed to meet the requirements of the Glynn County Ordinance as applicable. J. Plans for parking, loading, access ways, signs, buffers and light protection: For multi-family dwelling unit construction: 1. Off street parking will be provided in accordance with Glynn County Zoning Ordinance Article VI, Section 611 Off Street Automobile Parking Requirements, contained in the attached Exhibit D, in effect at the time this Planned Development is submitted for approval, except that 1.5 spaces per dwelling unit will be provided instead of 2 spaces per dwelling unit. 2. Loading space will be provided in accordance with Glynn County Zoning Ordinance Article VI, Section 612 Off Street Loading and Unloading Area Requirements, contained in the attached Exhibit D, in effect at the time this Planned Development is submitted for approval. 3. Old Cypress Mill Road and Edgewater Place are the main access ways. 4. Signs will be allowed in accordance with signage guidelines for General Residential or Medium Residential districts of the Glynn County Zoning Ordinance. 5. Buffers shall be provided in accordance with Glynn County Zoning Ordinance Article VI, Section 613 Landscaped Buffer Strips, contained in the attached Exhibit D, in effect at the time this project is submitted for site plan approval. 6. There are only residential type streetlights and small landscaping lights. For single family attached home construction: 1. Each unit of a single family attached home will have a minimum of two off street paved parking areas, excluding garage. 2. No loading required except in driveways. 3. Old Cypress Mill Road and Edgewater Place are the main access Ways. 4. Only subdivision identification signs, street signs and or entrance signs are allowed in the subdivision and one for sale or lease sign at the entrance for the developer only until all of Edgewater Place is completely developed and sold out. 5. There are only residential type streetlights and small landscaping 5

13 lights. K. Development Schedule. The subdivision road, lots, water and sewer are proposed to begin by mid to late 2008 and are expected to build out within approximately two (2) years after the start date. L Assurances for development and maintenance: Water and Sewer utilities through the public streets will be from public utilities at the expense of the developer. Please see section G of this text regarding maintenance of roads within Edgewater Place and the access road(s) thereto. All initial street improvements will be at the expense of the developer. Streets and utilities will be engineered with approval of Glynn County and the Brunswick Glynn Joint Water and Sewer Commission prior to installation. Access Streets will be improved and paved at the expense of the developer and dedicated to Glynn County. Upon acceptance, Glynn County will be responsible for maintenance. All paving will be installed as engineered with approval of Glynn County Engineering Department prior to installation. M. If single family attached home construction is done, the Developer will activate the Property Owners Association upon sale of 75% of the lots or sooner should he choose. If multi-family construction is done and retained under single ownership, the Developer may or may not activate any association of residents at its discretion. If multi-family construction is done and sold as condominiums, the Developer will activate the Property Owners Association upon sale of 75% of the units or sooner should he choose. N. Amendments: The Developer/Applicant or Applicants Successors, acknowledge that any changes to this plan development text require approval of the Glynn County Commission. If a Property Owners Association is activated, this Declaration may be amended by members of the Edgewater Place Property Owners Association only by assent or vote of not less than seventy-five percent (75%) of the votes of the Owners of units in said development, and further, this amendment provision shall not be altered to allow amendments by the assent or vote of less than seventy-five percent (75%) of the Owner. If a Property Owners Association is not activated, then this Declaration may be amended at the sole discretion of the Developer. 6

14 No breach of the covenants, conditions, or restrictions or restrictions contained herein nor the enforcement of any lien provisions herein, shall defeat or render invalid the lien of any mortgage, deed to secure debt, or other encumbrance made in good faith and for value, and the Declaration shall be binding upon and effective against any Owner whose title is derived through foreclosure or public sale, or otherwise 7

15 Discussion Board View Posted by Intake Desk - ComDev 1/15/2008 4:32 PM New submission on 1/15/08. Distributed to engineering, planning, utility, GIS, traffic, drainage, and fire on 1/16/08, comments due by 1/30/08. The County Project Manager will be Iris Scheff, she can be reached by phone at , or by at ischeff@glynncounty-ga.gov. Posted by marilyn proper 1/16/2008 1:24 PM A defined boundary was not given in the drawings provided. I used the tax parcel to enter the information submitted on Posted by Fred Johnson Approved 1/22/2008 7:33 PM 1/22/08 Capt. J. E. Johnson Posted by Timothy Ransom - GCGA-IN01\timr COMPANT 1/24/2008 4:16 PM Posted by Iris Scheff 1/25/2008 2:56 PM This rezone is adding multi-family use to a former PD use for duplexes. The application states that the density will remain the same as in the adopted PD, and that it is still residential use as it was prior to the request. The density statement says that there shall be no more than 240 dwelling units. Iris M. Scheff, AICP Posted by Gary Spikes Approved 1/28/2008 9:59 AM Posted by Brian Smith Approved 1/30/2008 5:05 PM (1 of 2) [2/25/2008 2:49:49 PM]

16 Discussion Board View Posted by Paul Andrews Information reviewed was stamped by P&Z on 15 Jan /30/2008 5:46 PM Is this zoning for the whole of the parcel or just for the area indicated on P-1? The text indicates there is an option for duplex development. Is there a master plan for that style of development? I believe the one included is for apartment development. For duplex development, than there should be a requirement to survey the foundations prior to vertical construction (if all the lots are created with one plat). Or that the proposed utility locations are approved prior to start of construction (if lots are going to be subdivided after construction). Item number 3 under the duplex construction allows the lot width to be established at any point. This could lead to very irregular lot shapes. Section G indicates that the Multi-Family option includes private streets. If this is correct, than the platting process will have to be used to create the right-of-way. Access to the site should be limited. No direct access to either Old Cypress Mill or to Spur-25. Access will be via common driveway or via internal street. Section K indicates a subdivision will occur. What is planned? Section L and G seem to conflict with regard to street dedication. The County will not accept dedication of driveways (i.e. travel ways not in right-of-ways). Section M appears to present a third development option, that of condominium ownership. This may have some bearing on the utility layout in the proposed development (taps and metering especially). Drainage from the site still needs to be worked out with regard to easements for the outfall across the Spur. Paul Andrews 30 Jan (2 of 2) [2/25/2008 2:49:49 PM]