~-- - - .... --- . . ' . ·.":, .. .. 1 ., • • A • ZONING APPLICATION FOR GC AND PD-S USE

BY ·

D. SCOTT HUDGENS

FOR A

REGIONAL SHOPPING MALL AND

. . RELATED COMMERCIAL DEVELOPMENT

I • • • B_RlJNSVV!CK, GL 'y'r ·~N COUr~T.Y,

AT GOLDEN ISLES PARKWAY I STATE HfGHWA Y 303 Af'-1 D . AL T AMA AVENUE

MAY 24, 1982

Revised: 7-15-82 10-2-86 10-7-86 11-1-93 EP~e~Bee~l~ I . I ~• '" \I .,,' .

The following text ro~mally requests a~proval of the Joint Planning Commission and Glynn County commission for an

amendment of the off ic ia l Zoning Hap whereby a 335 acre tract at

Colden Isles Parkway, State Route 303, and Altama Avenue will be zon~d G C, General Commercial, (56~ ·4 ·acres) and. PD-S/ Planned Developmen t-Shoppi n

is 70 acres General Commercial and the remainder is R-12 (12,000 s.f. lots). Approval of the text as submitted is

necessary for the Applicant to produce a viable regional shopping

mall and commercial center on the indicated tract. Be advised

labels for uses as shown on the attached Zoning Plat (Exhibit "E") are for demonstration purposes only.

lD-7-86 . : .f . '•- ..

TABLE OF CONTENTS

SECTION PAGE

I BACKGROUND 1

II GENERAL DESCRIPTION 2

III LEGAL DESCRIPTION: 5

A) EXHIBIT A-1 100 Acr~s

B) EXHIBIT A-2 --. 228 Acr~s IV STAND/'.. RDS FOR DEVELOPMENT,AND MAINTENANCE 5

v UTILITIES, ROADS 11

VI ASSURANCES FOR DEVELOPMENT 13

VII CONCLUSION 13

ENCLOSED AND MADE A PART HEREOF IS THE FOLLOWING SUPPORTING DOCUMENTATION:

EXHIBIT 11 B" -- COl'-IPAIUSON GOODS SALES POTENTIAL ANALYSIS (Ml\RKET STUDY)

EX"rliBIT II c II TMFFIC Ir-lPACT STUDY

EXHIBIT 11 0 11 SAHPLE RESTRICTIVE COVENANTS

EXHIBIT 11 E 11 ZONING PT... AT .. . LA ND USE/DEVF.LOPMENT PLAN• SUBMITTAL GENERAL COMMERCIAL (GC) AND

PLANNSD DEVELOPMENT-SHOPPING (PD-S)

REGIONAL SHOPPING MALL AND COMMERCIAL CENTER

/ OY

D. SCOTT HUDGENS

..

Section I. Backg~ound

The Applicant is D. Scott Hudgens, Jr. (the "Applicant") .. Since 1967, Applicant has developed the following shopping centers

in Georgia: , Savannah; North DeKalb Mall, ; Lawrenceville Mall, Lawrenceville; Arrowhead Shopping Center, Jonesboro; Shannon Mall, Atlanta; Gwinnett Place Mall

(under construction in Atlanta): Valdost~ Mall, Valdosta; and

Cobb Place.Mail to open in 1985, n~ar Kennesaw. A representative

list of tenants in these shopping centers is as follows: Sears,

Roebuck and Company, Department Stores, J~ C. Penney, Rich's,

Davison's, Colonial Food Stores, Richway, Woolworth, Morrison's ·

ca:eterias, Eckerd Dkuys anJ Rcvco Drugs.

The Applicant has extensive ~x~oricnce in the develop-

ment of mall-type shopping centers' and adjacent commercial centers.

These shopping centers have been developed in such a manner as

to be an asset to their respective communities.

-1- ·. Section • Gener~l nescriotion The site contains 335 ucres ~hich the Applicant intends to develop over a 10 to 15 year period as a- · r .etail/commercial complex to serve the Glynn County/Brunswick area as well as the

other southeast Georgia counties.

The dominant feature. within the en tire tract will be a regional shopping mall featuring up to five department stores

connected by an enclosed, all-~eather, pedestrian mall with numerous retail shops and other compatible uses. The mall tract or Mall Development will occupy approximately 56.4 acres of the

tract and will be developed in at least t~o phases. Applicant is

requesting this tract be zoned General Commercial (GC) .

The initial ·phase will feature at least two full-line department stores currently operating in the Brunswick area as

well as no less than 150,000 square fe~t of rental space for

shops, dining facilities, and service facilities (financial

offices, insurance offices, beauty parlors, travel agency, etc.)

A multi-scree~ theatre may be provided in conjunction with the

Mall Development. The r1a11 Development \iill be subject to various

long-~erm agreemen~s for easements, . operati~g. maintenance and oro­

motion. ·A" · confidential market study by Larry Smith & Company

dated October, 1980, is attached as Exhibit "B". This report

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10-7-86 documents the• existing macket for the •Mall Development. The Applicant anticipates an opening by 1986.

The remaining area of the tract will be developed over

a 5 to 15 year period and will be refecred to as the Planned Devel- opment Area. The tract will consist of278.6acres and will be

subdivided into numerous parcels ~or sale or lease to various commercial, retail, and office users generally found in planned commercial/business centers, especially those adjacent to regional malls. . Individual parcels within the Planned Development Area will be thoroughly regulated as to use, ouality and type of im-

pcovements. landscaoing, sionage, and onaoing u p-kee o . The Appli­ cant will continue the practice used in other major projects in Georgia of controlling virtually every aspect of the parcels by recording at the time of sale with the deed or land lease a set

of "Restrictive Covenants", a sample copy of which is attached as

Exhibit "D". A review of the attached covenants will show how

rigid and thorough the contcol by the Applicant is to be applied

and more importantly retained.

~t w~s ~ he origin~l intent of th~ Applicant to submit

~n application for General Commercial zoning (GC) for the entire proposed development. However, based on preliminary discussions with Mr. Craig Mahlman, the Executive Diractor of the Brunswick/

Glynn County Joint Planning Commission, it was decided that a

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10-7-86 ~ . ·. Plan Development-Shopping• • (PD-S) would• be moce appcopciate foe the Planned Development Area (22R acres). As stated in Section 723 of the Zoning Ocdinance, the

PD-S Zoning District was created for the establishment and

continuance of shopping centers and similar types of large-scale compatible use developments. This section provides further:

The regulations ·which apply within this district are designed to encourage the formation of such planned development when and as appropriate and to permit the greatest latitude possible with respect to: l) internal site planning consideration; and 2) the location of these developments with the unincor­ porated portions of Glynn County, Georgia.

In order for the entice project (both Mall Development and Planned Development Area) to be successful, it is essential the Applicant have the "greatest· latitude possible" with regard to the internal .planning consideration. The requested zoning clas- sifications will give Applicant the needed flexibility for a

successful development that will be an asset to the corrununity

as well as generating new jobs and new revenues from sales tax

and ad valorem tax.

T: ·, .:; lard which 1 s the .:;u~j ect watt.::;: of th.is application

will be developed by the Applicant {n accordance with a general

overall development plan. The plan is attached· as Exhibit "E",

entitled "Zoning Plat". This document, dated t-sy 11, l9"B2; is by

Richard T; Welch, a Georgia Reqistered Landscape Architect with

substantial experience in land planning of commercial/business

centers. It should be noted thi~ plan is schematic and actual

-4- 7-15-82 ·. land use may differ slightly as actual• engineering, governmental, utility, and market consid~cations m~y necessitate.

Section III. Legal Description

Attached hereto: Exhibit A-1

36.4 Acre Regional Mall Development and

EXHI13IT l\-2

278.6 Acre Peripherial Development

Section IV. Standards of Dcvelooment

A. Applicant agrees the following standards will apply to the entire tract: 1, A landscaped green belt will. be provided along the · frontage on State Highway~ which will be no less than 30 feet in width.

2. Attached Zoning Plat shows restrictions as to the

number of curb cuts along Scranton Road and Highway 303. Locations

shown a'""" approximate al!w may be shifted.

3. No manufacturing facil.i ti_es will be allowed.

4. No establishments will be allowed. for the - sal~ and/o~

display of pornographic materiul. ·

5 . . No establishments will be allowed for the operation

of pornographic businesses including massage parlors, adult

. -5-

7-15-82 10-7-86 . . ·.,.

ing with pornographic materi~ls. ~ There will be no curb cuts for commercial lots closer together than 150 feet and none closer than 100 feet to a road or easement intersection having a right-of-way width of 50 ft. or more 7. Underground utilities will be provided as feasible

and all easements necessary for reasonable service will be provided

8. A tree of not less than 25 ft. in height will be pro-

vided every 50 feet along internal and the project side of the

peri~eter circulation right-of-ways (e~czpt at t~~ mall ~lo~g

Golden -Isles Parkway) and access easements. _ -~ ~ \ \•I ll \ 0 ~~....--,_,l\....1 "-01'.- ~'~~~ 9. No building will exceed~ feet in height unless a variance is approved by the proper authorities. 10. All rights for ingress and egress for service will

be-granted to applicable public services, e.g., police and fire departments, garbage collection,,etc. over roads and easements. 11. All improvements will feature supportive parking

irregqrdless'as to whether this requirement exceeds those imposed

by the Zoning Ordinance.

i2. All parkiqg, loading and unloading areas will be

paved and lighted so as to provide needed security and safety. _

13. There will be no ullowed uses which involve permanent

yard storage of junk, salvage, or used equipment,. parts, or materia

B. The Mall Development will be develope.d in accordance with

the standards set out in Section 712 of the Zoning Ordinance and as

modified by this text. Regurding- the Mall Development (GC use) sub

stantial landscape areas will be provided next to the buildings as

well as in traffic i!lands s~milar to those shown on the Zoning Pla -- Various agreements with the mall tenants will restrict internal .. . -6- 6-4-83 \\- s-~'\ signage as w.a: :o uses which ure in.i cnt with reqional shopping centers. Also regarding the Mall Development, it is agreed the following minimum standards will apply:

1. · Development will be in stages or phases on the 100 ac=e site; however, the development is to be construed as one project for the purposes of the Zoning Ordinance.

~'-0 ~(\. 1"'0~- 2 . . The building heights will not exceed,...... v feet, ~,\-.Jo\ .... ~~~· 3. Loading and unlouding zones will be provided as is the normal custom in mall-type developments and at the sole discretion of the Applicant and department stores. Applicant ack-

.~owledges this criteria will require a specific variance from the

proper authority. These areas will be permanently screened as feasible and may · be jointly used by a number of project occupants.

4. Landscaped areas will be provided and maintained throughput the development. It is agreed a substantial landscaped . . strip of at least. ~ feet in width and parallel to Golden Isles

Parkway wiil be provided and maintained by the parties to the

Mall Development.

5. Parking space size will be no smaller than 8'6" wide and 18' deep (Applicant acknowledges this criteria will require a specific variance from the proper authority) and will be provided at a ratio of no less than one space per 200 of floor area within ~ the Mall Development excluding the pedestrian mall, ' fire corridors, service corridors, util~ty rooms, and building penthouses. (This parking ratio and size reflects the emerging standards within the

Hall Development coTMlunity and "''hich minimum standards are usually ·. ~Exterior signuge for bu~ng exterior and principle identification signs will be at the discretion of the Applicant·

but will not exceed in size and number the requirements as provided

for signs within the GC zone.

7. Access will be provided via dedicated public roads

fromthe four-lane roads as shown on the Zoning Plat which will -terminate directly into the property line and/or intersect with the principal circulation road which is called the "ring road"

on the Zoning Plat. It i~ proposed the ring road will be a per­

petual easement to serve ~ot only the Mall Development, but also any commercial lots _which _may have frontage or an easement to the aforementioned ring road. . C. As to the Planned Development Area, which will be within · the Planned Development Shopping (PD-S) use, it is agreed the following minimum standards will apply:·

1.. Individual lots will be no less than 80 • wide at

the building line and no less than 100' deep. However, individual

lots within a retail or office condominium project will be no

less than 20' wide and 40' deep.

2. Building height will rr~ ~xceed 35· unl~ss a specific

approval. ~s granted by the Joint Planning Commission.

3. All lots will front either a dedicated public road-

way or have a recorded perpetual easement for egress/ingress.

-.0 ... ,.I 4 ••. nimum side yard distanc•. 11 be either zero or no less than 10'. 5. Minimum rear yard will be no less than 10'.

6. Minimum front yard will be no less t~an 25' at the building line. 7. All loading and unloading zones will be permanently screened via fencing or landscaping from view from adjacent lots.

B. Parking ratios will be main~ained in accordance with similar uses in the Glynn County Zoning Ordinances or greater

so as to provide supportive parking per site.

As indicated earlier, sample "Restrictive Covenants" which are attached and made a part hereof, will be imposed on all eventual users within the Periphery Development. Attention as to limits on signage, criteria for landscaping, exterior materials, and ongoing maintenance is given in these covenants.

Only ~he following uses shall be permitted in the PD-S

Zoning District: 1. Retail or wholesale business involving the sale of

merchandise on the premises, except _those uses which involve permanent

yard storage of junk, salvage, used auto parts or equipment.

2. Business involving the rendering of a personal service.·

3. Commercial recreation facility, specifically including:

a) bowling . allcy b) billard pnrlor c) roller or ice skating rink d) theater, excluding drive-in f~cility e) amusement center~ und/or playgrounds f) golf driving rang~s g) miniature golf cour~es.

-9- ,. commcc-ciul par~· ._; lot( t.:-unspo.:-tation •: .. facilities.

5. Hotels and motels.

6. Eating establisl1ments which may be se.:-ving alcoholic

beve.:-ages including beer and wine. Applicant acknowledges pouring

of beer and wine is subject to additionul upprovals !or licensing.

Eating establishments may also offer drive-in and/or curb se.:-vice.

7. Office building and/or office for gove=nmental,

business, professional or general purp9se. . . 8 .. Automobile service station, as per re~~irements · I\ J... "J. lJ...-Y- 8 ~ specified. in Secti~n l97o3(~1, Glynn County Zonlng Ordinance.

9. Automobile washing facility, as per requirements .., \ ~ • "3 I l.-"1- ~'\J of Section 707.3(d} of the Zoning Ordinance.

10. Office or retail condominiums.

11. Office/Warehous~

12. Mini-Warehouse 13. Apartments limited to approximately 85 acres in B1ock G and Block H. Density not to exceed 10 units per a-cre, maximum height not to exceea thirty-five (35) · feet and minimum net land area per dwelling unit to be 4,365. This us; must further comply with Glynn~unty Zoning Ordinance, Section 706~

It is hereby agreed only those site.plans i~ excess of.

10 acres in the· ~J.anned Developme~t-Shopping area will be required

to be- submitted for JPC approval only bef~re development. It is

understood .said approval of site plans will be reviewed and upp~ov~d

or disapproved in accordanc'e with s_~ction 619 of the Glynn County

Zoning Ordinance and will be based only on the following crit~ria:

1. Height of Improvements.

2. ·Appropriate allowed usc and supportive parking.

3 •• Setback, rear,, side and front yards and minimum

~ot size and dimensions.

~- Location on a dedicated street or perpetual easement • .5. Paved and lighted pnrking, loading and unloading areas.

6. Curb cut spacing.

10-2-86 7-'15-82 , n_ 11-l-93 --€hoposed,l, .:I Sect1on. V · ..1..· Ut1 1t1es, RO<'!< l S • All developments within the PD-S and GC will be served by public utilities. All electrical, telephone, cable television,

or gas lines will be installed underground where feasible and

will be maintained and operated by G~orgia Power Company, Southern Bell Telephone and ·Telegraph Co., nentavision, Inc., or Brunswick

Natural Gas Company. Appro~riate easements will be granted to those companies, as necessary.

As stated previously, all rights for . ing=ess and egress

for service will be granted to applicable public services, e.g., police and fire departments, garbage collection, etc., over roads and other appropriate lands All road rights-of-way, as shown on the zoning plat or

plans submitted to the jpc and th~ Glynn County Commission, will be dedicated as indicated to Glynn County. Acceptance of said roads

will be contingent upon their meeting all minimum standards, as de-

fined in the Glynn County Zoning Ordinance and the Glynn County . . Subdivision Regulations. The road system may be built in phases in conjunction with the development of the vari~us phases of devel- . .... op:ilent. Whether d~v2loped in stages or at one ~~me, the roads wil-l. be submitted to the JPC for approval, prior to their submission to the County Engineer. The exact location of the roads and curb cuts may be altered _by Applicant to meet development needs, provided such

-11- . ,· ' : changes do •not substantially alter the overal1 traffic system as previously approved by the JPC, and further, that such changes

meet the requirements of Section 614 of the Zoning Ordinance. Further, the Applicant, without the approval of JPC or Glynn County,

shall be permitted to adjust the location and size of the various parcels located on.the Zoning Plat provided the lots as finally .

designed comply with the stated Standard of Development contained .. herein and the GC Subdivision Regulations. Traffic impact to the existing roadways near the tract

will be minimized because much of mall generated traffic will be heavily concentrated at an anticipated new inter- section on Golden Isles Parkway. The attached Traffic Impact Analysis confirms this point and is provided for review and comment. In approving this section of the text, it is recognized by the JPC and Glynn County that such f:I:exibility is essential to

the Applicant's successful development of the Regional Shopping

and Commercial ~enter and additional development. The JPC and Glynn . . County further agree in approving this tP.xt that such change will

not be required to comply with Section 723 -:>f the Zoning

Ordinance-especially as it relates to voiding of the development

plan and.a proposed contract to guarantee the completion of the project.

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7-15-82. - r - w ...... (.

All g~een belt a~eas will be owned and maintained oy the owner of the Development, its successors and assigns.

As described in Section V of this text, all utilities will be owned, operated and maintained by the appropriate agencies, either public or private. As indicated previously, the Applicant will bind its heirs or assigns to this requirement and to the con-

tinued maintenance and up-keep of the parcels as sold or leased. ?

Standard agency approvals will have to be met before these utilities

are allowed to ope~ate.

Section VII. Conclusion

The proposed Development offers a regional shopping mall and commercial center for Glynn County and neighboring South Georgia communities. This text and its accompanying Zoning Plat allowflexibi:

ity in internal design, while detailing allowed uses, standards of deve

opment, reservation of buffers and other factors relative to sound

development. Sections I through VI detail the limitations, restric-

tions and assurances of development for the Regional Shopping Mall

and Commercial Center and additional development. The development

criteria indicated in this text is more restrictive in many respects

than those" of other ava i lu bl e zoning cu tegori es. Their imposition

insures appropriate development, and minimizes the effect on

existing neigh~orhoods.

By restricting usugc5 within cuch district, the size,

nature and impact of final development can be anticipated. The·

development as detailed herein, will be a positive contribution to

the orderly growth und development of Glynn county.

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