Report - Glynn County

GLYNN COUNTY BOARD OF COMMISSIONERS
701 “G” Street
Brunswick, Georgia 31520
Phone: (912) 554-7400
Fax: (912) 554-7596
MEMO
TO:
Glynn County Mainland Planning Commission
FROM:
Iris M. Scheff, AICP, Planner III
SUBJECT:
ZM1975 (M) Brunswick and the Golden Isles Convention & Visitors Bureau
DATE:
September 29, 2010
BACKGROUND:
REQUEST: This is a request to rezone from CP (Conservation Preservation) to FC (Freeway
Commercial) property consisting of approximately 123 acres located on the east side of I-95,
approximately one mile south of the interchange with US 17 South. The purpose of the request is to
permit a sign adjacent to the I-95 right-of-way welcoming visitors to the County and for other FC
permitted uses.
APPLICANT: Brunswick and the Golden Isles CVB, agent for Josephine H. Fendig, Joseph C.
Fendig, and Joe Fendig, owners.
PARCEL NUMBER: 03-14382.
CURRENT ZONING: CP, Conservation Preservation
PROPOSED ZONING: FC, Freeway Commercial
COMPREHENSIVE PLAN LAND USE DESIGNATION: This site is located in the West Glynn
Future Development Area- outside of a conceptual designated “Activity Center” based on its general
proximity to Exit 29 off Interstate 95. Outside of the Activity Center is Low Density Residential. Because
of the marsh in this area, the designation at this location is not generally considered appropriate for
development. The site is shown as “water” on the Future Land Use Map, just outside of a Regional
Center- a radius located in its majority on the northwest side of Exit 29 of I-95.
EXISTING LAND USE: The existing land use is marsh with a small amount of upland (see
Appendix D, General Layout Plan).
PROPOSED LAND USES: Proposed uses are commercial uses as allowed in the Glynn County
Freeway Commercial Zoning district.
PLANNING: Brunswick and the Golden Isles CVB is requesting to rezone marshland to Freeway
Staff Report for: ZM1975 (M) Brunswick and the Golden Isles CVB
Mainland Planning Commission Meeting of October 5, 2010
Page: 2
Commercial in order to place a welcome sign on upland near Interstate 95, and potentially to allow
billboards in the future when an ordinance revision to allow more billboards takes effect.
The submittal materials contain were revised to provide required information such as property
boundaries, existing and proposed zoning, and a vicinity map.
Overall the property is appropriately zoned Conservation Preservation. The purpose of the zoning
request as stated in the application is to support signage.
An issue pertaining to rezoning the entire property is that of allowing all uses listed as permitted
under the Freeway Commercial District. Plans were not provided for other commercial allowed uses, with
the thought that no commercial development can occur in the marsh under State of Georgia Department
of Natural Resources regulations. Support material in the form of a letter of information from the DNR
has been obtained by the owner to add to the file for this request. The letter explains that Glynn County
zoning does not apply to marsh area.
Therefore, to avoid the possibility that someone at some future point in time would develop the
upland within the range of potential Freeway Commercial zoning uses, a stipulation should be imposedthat only the upland as illustrated in the general layout plan is to be developed, and that the upland shall
be used exclusively for a few very limited uses that include the requested signage.
Allowed uses the upland property is recommended to be limited to are: (a) public park or private
commercial recreational area; (b) telecommunications facilities meeting the requirements of Article XIV
of the Zoning Ordinance, (c) government owned or operated use, facility, or land, (d) outdoor advertising
sign meeting the requirements of Article VIII of the Zoning Ordinance.
ENGINEERING: Staff inquired about what would be done to the property on remaining upland
area besides the welcome sign, about permits for access and fill, and permits from Georgia Department of
Transportation to access upland areas from I-95.
TRANSPORTATION: No transportation issues are associated as no roads are proposed.
UTILITIES: No issues were raised as to utilities.
SCHOOLS: Freeway Commercial zoning does not impact the school system.
FIRE / POLICE: Police and Fire raised no life safety issues.
FINDINGS
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.
The use of signage allowed in the Freeway Commercial zoning district is suitable
particularly along the highway.
Staff Report for: ZM1975 (M) Brunswick and the Golden Isles CVB
Mainland Planning Commission Meeting of October 5, 2010
Page: 3
Whether the zoning proposal will adversely affect the existing use or usability of adjacent or
nearby property.
The addition of the welcome sign or (a) future billboard(s), telecommunications facilities, or
other very limited uses along Interstate 95 as proposed is not anticipated to adversely affect the
existing use or usability of adjacent or nearby property.
Whether the property to be affected by the zoning proposal has a reasonable economic use as
currently zoned.
Yes.
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 the signage and other limited uses for the upland area only should not cause excessive or
burdensome use of existing streets, transportation facilities, utilities or schools.
Whether the zoning proposal is in conformity with the policy and intent of the Comprehensive
Land Use Plan.
This area is just outside of an activity center and along a major transportation corridor.
The property is not suitable for all Freeway Commercial zoning allowed uses, however very limited
uses including signage allowed within the Freeway Commercial zoning district is suitable, and the
“Welcome” sign is desirable.
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, developing within the entire range of Freeway Commercial uses is not a suitable option
in upland surrounded by marsh, therefore development of the property should be limited to a few
very limited uses including Freeway Commercial allowed signage, located upon upland as depicted
in the General Layout Plan submitted with the rezoning request.
ALTERNATIVES:
1. Approve the request as submitted.
2. Approve the request with a stipulation as to uses and locations allowed, due to the presence of
marsh not suitable for development of the full range of commercial uses.
3. Deny the request as submitted.
4. Defer the request at the request of the applicant or at the request of staff.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend to the Board of Commissioners
approval of the request ZM1975 (M) Brunswick and the Golden Isles CVB rezoning request from CP,
Conservation Preservation to FC, Freeway Commercial, with the stipulation that the only development
allowed is for a few very limited uses. Allowed uses to be located on upland as defined by Georgia
Staff Report for: ZM1975 (M) Brunswick and the Golden Isles CVB
Mainland Planning Commission Meeting of October 5, 2010
Page: 4
Department of Natural Resources, depicted on the General Layout Plan are:
(a) Public park or private commercial recreational area,
(b) Telecommunications facilities meeting requirements of Article XIV, Zoning Ordinance,
(c) Government owned or operated use, facility, or land, including a depicted “Welcome…” sign,
(d) Signs meeting requirements of Freeway Commercial Zone, Article VIII, Zoning Ordinance.
RECOMMENDED MOTION:
I move to recommend to the Board of Commissioners approval of the request ZM1975 (M)
Brunswick and the Golden Isles CVB rezoning request from CP, Conservation Preservation to FC,
Freeway Commercial, with the stipulation that the only development allowed is for a few very limited
uses. Allowed uses to be located on upland as defined by Georgia Department of Natural Resources,
depicted on the General Layout Plan are:
(a) Public park or private commercial recreational area,
(b) Telecommunications facilities meeting requirements of Article XIV, Zoning Ordinance,
(c) Government owned or operated use, facility, or land, including a depicted “Welcome…” sign,
(d) Signs meeting requirements of Freeway Commercial Zone, Article VIII, Zoning Ordinance.
ATTACHMENTS:
APPENDIX A - LOCATION MAP
APPENDIX B - STAFF COMMENTS
APPENDIX C - PROPOSED WELCOME SIGN
APPENDIX D - GENERAL LAYOUT PLAN
APPENDIX E - LETTER OF INFORMATION FROM THE DNR
APPENDIX F - LETTER OF OBJECTION
D
BA
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95
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95
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FA
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FC
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FC
FA
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FC
HW
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17
FLA
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PDG
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FA
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FANCY BLUFF FA
M20
HC
FC HCHCM20
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CP
PD
ZM1975 Brunswick-Golden Isles CVB
CP
0
600
1,200
Feet
2,400
GLYNN COUNTY COMMUNITY DEVELOPMENT
REVIEW HISTORY for ZM1975 Brunswick/Golden Isles CVB
as of 09/29/2010 9:44 am
Intake Desk Telephone 912 279-2946
Review
#
Assigned To
Result
Result By
Due
Completed
8516
Intake Desk
1
Denise Keller
Compliant
Keller
8517
Planners Pre-Review
1
Iris Scheff
Compliant
Scheff
09/17/2010
09/17/2010
8521
Engineering
1 Paul Andrews
Compliant
Information reviewed was stamped by P&Z on 16 Sept 2010
Andrews
09/29/2010
09/28/2010
09/16/2010
·
The General Layout Plan shows only one sign on the property, but the whole of the property is being
re‐zoned. What is planned for the remainder of the upland area?
·
The application indicates that there are already signs on the property, where are they located? How are they
accessed? Are they going to remain on the property? Can the same access be used to access these signs? Do
they meet the requirements of the re‐zoning?
·
The plan indicates an area of wetland to be filled to access the site. Has this permit been obtained? How will
the site be accessed if the wetland permit is not obtainable?
·
The plan indicates an access to the site will be via I‐95. Has this permit been approved by Ga‐DOT? How
will the site be accessed if the Ga‐DOT approval is not obtainable?
·
The tax maps show a different configuration of the parcel to be re‐zoned. The tax maps show the inclusion of
the triangle of land to the north. Has the parcel been subdivided?
Paul Andrews 28 Sept 2010
Note: I assume the owner of the property that is used to access this lot is ok with the re‐zoning and the potential
impacts.
8522
Fire Department
1
Fred Johnson
Compliant
Johnson
09/29/2010
09/24/2010
8523
Planning and Zoning
1
Iris Scheff
NOT Compliant
Scheff
09/29/2010
09/28/2010
Print Date: 9/29/2010
Page 1 of 2
Review
#
Assigned To
Result
Due
Completed
Result By
Reviewed zoning application date stamped 9/16/10 per Article XI section 1104.2 Application for Zoning
Decisions1104.2 (e) 1-15 Amendment Application Requirements (Sketch Plan Requirements)
1. Dimensions of the property involved. OK
2. Location and dimensionsof existing and/or proposed structures with the type of usage. NC
3. Access drives. ? Shown to sign location.
4. Setbacks. OK
5. Easements. NC
6. Rights of Way. NC
7. Marshland boundaries. OK
8. Proposed or existing water, sewer adn drainage facilities. NC
9. Buffers NC
10. Off street parking. NC
11. Recreational areas. Not Applicable.
12. Watercourses and lakes ?
13. # dwelling units NA
14. Loading areas, signage adn outdoor lighting , in case of sommercial and industrial development. OK for
welcome sign NC for other commercial use.
15. Applications ..... Not Applicable.
The drawing was incorrect in citing the zoning as Freeway Commercial. Is this an inadvertant error? The
surrounding zoning is not Forest Agricultural it is Conservation Preservation. ?
Overall the application did not give a reason for rezoning the entire acreage of 123 acres to put a welcome sign to
Freeway Commercial zoning when the majority of the land is wetland / marsh. This raises issues of converting a
large expanse of marsh to commercial use. Obviously, the Royal Oaks Subidivision adjacent to the property has a
stake in a large rezoning of this type. Where is the design layout? Locations and dimensions of existing and'or
proposed structures with the type of usage is non-existant with the exception of the welcome sign. NC
8524
Traffic
1
Gary Spikes
8525
Drainage
1
Brian Smith
8526
GIS Mapping
1 Marilyn Proper
NOT Compliant
Proper
09/29/2010 09/21/2010
ZM1975 Brunswick / Golden Isles CVB
Not Compliant.
‐
The application states this rezoning is for parcel ID #03‐14382. No area is given on the application. The
boundary defined on the submitted drawing appears to be a portion of this parcel and is only partly defined. Is the
portion of the marsh next to the river to remain the current zone? GIS is responsible for maintaining a
current/updated/accurate zoning layer. If accurate information is not submitted, accurate data is not achievable.
‐
The submitted drawing states the current zone for this project is FC. The GIS data base shows only a small
portion of parcel ID#03‐14382 is currently zoned FC and it is not the portion that is defined by the submitted
drawing. Is the drawing or the application correct? It also states that the surrounding property is FA. There is no FA
zone directly adjacent to this parcel.
‐
This project appears to be located on more than one FEMA FIRM panel. Please state all that apply.
‐
Add a location map.
Question:
‐
How is this parcel being accessed?
An approximate area has been entered into the data base for the 09‐16‐10 submittal.
Number of Reviews
Print Date: 9/29/2010
Compliant
Spikes
09/29/2010
09/23/2010
09/29/2010
8
Page 2 of 2
York Phillips
From:
Sent:
To:
Subject:
Lisia Kowalczyk [Lisia.Kowalczyk@dnr.state.ga.us]
Wednesday, September 29, 2010 9:45 AM
jfendig@fendig-realty.com
I-95 Site
Hi Joe, Per our conversation, allow me to clarify what we discussed and how that relates to the upland and jurisdictional marshlands under the Coastal Marshlands Protection Act. On our site visit to the land adjacent o I‐95, we located two potential spots where a berm and welcome sign could be placed. Those areas were specifically chosen because they are NOT areas where jurisdictional marsh is present. The areas selected would be considered upland or high ground and not under the authority of the Coastal Marshlands Protection Act or the Coastal Resources Division. Unlike upland, jurisdictional marshlands are not subject to zoning and require a permit any and all activity that occurs within them. Please let me know if you need further clarification. Thanks, Lisia Lisia Kowalczyk Permit Coordinator GA DNR‐Coastal Resources Division 912‐262‐3109 1