I ------• *1.. .J f • A ZONING APPLICATION FOR GC AND PD-S USE

BY

D. SCOTT HUDGENS

FOR A

REGIONAL AND RELATED COtvlMERCIAL DEVELOPMENT BRUNSWICK, GLYNN COUNT,Y,

AT GOLDEN ISLES PARKWAY I STATE HIGHWAY 303 AND AL T AMA AVENUE

V.LA Y 2 4 , 1 9 8 2 Revision Dates: 1985 (3.9 Acres) October 2, 1986 ' I

TADLE OF CONTENTS

.. SECTION PAGE

I BACKGROUND 1

II GENERAL DESCRIPTION 2 . . III LEGAL DESCRIPTION: 5 A) EXHIBIT A-1 100 Acres B) EXHIBIT J\-2 -:-~Acres IV STANDARDS FOR DEVELOPMENT,AND MAINTENANCE 5 v UTILITIES, ROADS 11

VI ASSURANCES FOR DEVELOPME:NT 13

VII CONCLUSION 13

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

EXHIBIT "B" -- CONPAI1ISON GOODS SALES POTENTIAL ANALYSIS (Ml\RKET STUDY)

EXHIBIT "C" TRJ\FFIC It·\PACT STUDY

EXHIBIT "D" SANPLE RESTRICTIVE COVENANTS EXHIBIT "E" ZONING PJ...AT .,. ..

PREFACE

The following text constitutes a text to replace the existing

zoning text titled "A ZONING APPLICATION FOR GC AND PD-S USE BY D. SCOTT

HUDGENS FOR A REGIONAL SHOPPING MALL AND RELATED COMMERCIAL DEVELOPMENT

BRUNSWICK, GLYNN COUNTY, GEORGIA AT GOLDEN ISLES PARKWAY/ STATE HIGHWAY 303

AND ALTAMA AVENUE, DATED MAY 24, 1982, REVISED OCTOBER 2, 1986."

The two areas of revision are:

[Page 7, Item 2] [Page 6, Item 9]

1. A change in the height limitfor the construction of a hotel from

the 50 foot limit in the existing text to 60 feet which is allowed

in freeway commercial. A section of the hotel has been reviewed

and approved by the fire chief. (See Exhibit X.)

[Page 7, Item Sa]

2. A Change in the number of parking spaces required for the indoor

miniature golf based on a realistic maximum number of participants

that could be playing or waiting to play at any time. Any change

in use of this space would mean that parking requirements would be

revised to the new use. ' .,· LAND USE/DEVELOPMENT PLAN SUOMITTAL GENERAL COMMERCIAL (GC) AND

PLANNED DEVELOPMENT-SHOPPING (PD-S)

. REGIONAL SHOP~ING MALL AND COMMERCIAL CENTER

/ DY .

D. SCOTT HUDGENS

•'

Section I. Background

The Applicant is D. Scott Hudgens, Jr. (the "Applicant") .. Since 1967, Applicant has developed the following shopping centers in Georgia: Oglethorpe Mall, Savannah: North DeKalb Mall, ; Lawrenceville Mall, Lawrenceville; Arrowhead Shopping Center, Jonesboro; .Shannon Mall, Atlanta; (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: ,

Roebuck and Company, Department Stores, J~ c. Penney, Rich's, Davison's, Colonial Food Stores, Richway, Woolworth, Morrison's . Cafeterias, Eckerd Drugs and Revco Drugs.

The Applicant has extensive ~x~~ricnce in the develop- ' rnent o~ 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 II. Genernl nescrintion

~~~ The site contains~ acres which 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 entire tract will be

a reg~onal shopping mall featuring up to five department stores connected by an enclosed, all-weather, pedestrian mall with numerous retail shops and other compatible uses. The mall tract or Mall Development will occupy approximately 100 acres of the tract and will be developed in at least two 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-screen theatre may be provided in conjunction with the

Mall Development. The J-1all Development will be subject to various

long-term agreements for easements, . operating, maintenance and oro-

motion. ·x'confidential market study by Larry Smith & Company

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

-2- . ' ~ . documents the existing market 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 w~ll be referred to as the Planned Dcvel- 'd~d. opment Area. The tract will consist of~acres and will be

subdivided i,~to numerous parcels for sale or lease to various

commercial, retail, and office users 9enerally 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, guality and type of im- provement s , l andsc a ping, signage, and ongoing up-keep. The Appli­ cant will continue the practice used in 9ther major projects in Georgia of controlling virtually every aspect of the parcels by

recording at the time o£ sale with the d~ed 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 control by the A~plicant is to be applied

and more importantly retained. It was the original intent of the 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 Director of the Brunswick/

Glynn County Joint Planning Commission, it was decided that a

-3-

-:. ' I -- Plan Development-Shopping (PD-S) would be more appropriate for

the Planned ~evelopment Area (22R acres). ~.~0 '7~A ~,y · As stated in Section~of the Zoning Ordinance, 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: 1) internal site plunning consideration; and 2) the location of these developments with the unincor­ porated portions of Glynn County, Georgia. In order for the entire project (both Mall Development and Planned Development Area) to be successful, it is essential -· the Applicant have the "grcatest·latitude possible" with re9ard to the internal .planning consideration. The requested zoning clas- sificatioriS ' will give Applican~ the ne~ded flexibility for a

successful development that will be an asset to the community

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

and ad valorem tax.

The land which is the su~ject matter ·of this 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-ny 11. 1982, is by

Richard T.· Welch, 'a Georgia Registered Landscape Architect with

substantial experience in land planning of commercial/business

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

--1- .. .

land ~se may differ slightly as actual engineering, governmental, utility, and market considerations may necessitate.

Section III. Legal Description

Attached hereto: Exhibit A-1 .100 Acre Regional Mall Development and

EXHIDIT /\-2 ~~·d.. ~Acre Peripherial Development

Section IV. Standards of Develooment

A. Applicant agrees the following standards will apply to the entire tract: (2) A landscaped green belt will be provided alon9 the · frontage on State Highway 303 which will be no less than (lS)feet . in width. . 3D AJi"'-"c2..0 { - I :5 • .?,:, 2. Attached Zoning Plat shows restrictions as to the 0

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

shown are approximate and may be shifted.

3. No manufacturing faciliti~s will be allowed. 4. No establishments will be allowed for the sale and/or

display of pornographic material.- ·

5. No establ~shments will be allowed for the operation

of porno~~~phic businesses including ma~sage parlors, adult

-5-

.... . ,• theatres display~ pornographic films ana llult book stores deal- ing with pornographic materials.

6. 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 h e ight will be pro-

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

perimeter circulation right-of-ways (except at the mall along

Golden Isles Parkway) and access easements. except for non-habitable space 9. No building will exceed 60 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

irregardless as to whether this requirement exceeds those imposed

by the Zoning Ordinance.

12. All parking, loading and unloading areas will be

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

13. There will be no allowed uses which involve permanent

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

B. The Mall Development ~ill be developed in accordance with 7 I "J..- It {'() ef\ &.-L~ T U ... i'I._Q__ i-f I I q p.5 the standards set out in Section ~ of the Zoning Ordinance and as

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

stantial landscape areas will be provided next to the buildings as

well as in traffic islands similar to those shown on the Zoning Plat.

Various agreements with the mall tenants will restrict internal

-6- .. ,

signage as well as to uses which are inconsistent with regional

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

acre site; however, the development is to be construed as one

project for the purposes of the Zoning Ordinance.

2. The building heights will not exceed 60 feet except for non-habitable space. 3. Loading and unloading 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-

nowledges 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

throughout the development. It is agreed a substantial landscaped

strip of at least 20 feet in width and parallel to Golden Isles

Parkway will be provided and maintained by the parties to the

Mall Development.

5. Parking space size will be no smaller than 8' 6" vlide

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, utility rooms, and building penthouses. (This

parking ratio and size reflects the emerging standards within the

1·~all Develop:nent corr1munity and •·:hich minimum standards are usually

set as a requirement by the department stores). S(a). See Page 7(a).

-7- Sa. Parking for the miniature golf will be provided at 55 spaces based on a maximum of six players on each hole and two persons per vehicle.

7(a) • I

6. Exterior signaae for building exterior and principle

identification signs w~ll 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 is proposed the ring road will be a per- petual easement to serve not 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 r· ~ ~xceed 35' unless 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. : .• y 4. Minimum• side yard distance will 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 than 25' at the building line. 7. All loading and unloading zones will be permanently

screened via fencing or landscaping from view from adjacent lots. ' · 8. Parking ratios will be maintained 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 ~nd 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 the following uses shall be permitted in the PD-5

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. renc3er ing of a persona 1 service.·

3. Commercial recreation facility, specifically including:

a) bowling alley b) billard purlor c) roller or ice skating rink d) theater, excluc3ing drive-in facility e) amusement centers ~nd/or playgrounds f) golf drivipg ranges g) miniature golf courses.

-9- 4 • Off-s~ t commcrciul parking llj~ trunsportation

'._.1 ' · ·· facilities.

5. Hotels and motels.

6. Eating establishments which may be serving alcoholic beverages includin9 beer and wine. Applicant acknowledges pouring .. '• of beer and wine is subject to additional approvals for licensinQ. Eating establishments may also offer drive-in and/or curb service. 7. Office building and/or office for governmental, business, professional or 9eneral purp9se.

0 • . Automobile service station, as per requirements . t/2 . .3 (.fJ.-'"(-.f'::i) ' ' specified. in Section ~07.3(a), Glynn County Zoning Ordinance.

9. Automobile washing facility, as per requirements . \ \~. ~ (lo-'i·8:r) of Section :'J07 . ,) (d-l of the Zoning Ordinance. 10. Office or retuil condominiums.

11. Office/Warehou~e . {j_o j.L}f:b)

12. Mini-Warehouse ~ oj 2..J,r0

•

It is hereby agreed only those site plans in excess of . 1-;r-e.t.­ lo acres in the Planned Ocvclopme~t-Shopping araa 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 approved

or disapproved in accordanc~ with Section 619 of the Glynn County . . Zoning Ordinance and will be based only on the_following criteria: 1. Height of Improvements.

2. Appropriate allowed use and supportive parking.

3 .· Setback, rear, siclc and front yards and minimum 1ot size and dimensions. 4. Location on a dedicated street or perpetual easement • .5. Paved and liQhtcd pnrkinQ, loading and unloading areas.

6. Curb cut spacing.

_,n_ Section v: · Utilities, Ro~rls 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 underg~ound where feasible and will be maintained and operated by G~orgia Power Company, Southe~n

Bell Telephone and ·Telegraph Co., Rentavision, Inc., or Brunswick

Natural Gas Company. Appropriate easements will be granted to those companies, as necessary.

As stated previously, all rights for . ingress and egress for service will be granted to applicable publ~c 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 the 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 ~nd the Glynn County

Subdivision Regulations. TI1e road ~ystem may . be built in phases . in conjunction with the development of the various phases of d~vel- opment. Whether developed in stages or at one time, the roads will 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 overarl 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_?ize 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 ReQulations. 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 i~ recognized by the JPC and Glynn County that such f~exibilit~ is essential to th~ Applicant's successful development of the Regional Shopping and Commercial Center and additional development. The JPC and Glynn /

County further agree in approving this text that such change will '1~~-Y-4-:Y . . not be required to comply with Scctio~f the Zoning ··

Ordinance - especially as it relates to voioing of the development plan and.a proposed contract to 9uarantee the completion of the project.

,, r •

-12- - _,.... .1 "': · Section VI. J\sS\l@!l_ces {.QI___!L~_velonmP.nt and Maintenance All green belt areas will be owned and maintained by 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 parcel~ as sold or leased. ~ Standard agency approvals will have to be met before these utilities are allowed to operate.

Section VII. Conclusion The proposed Development offers a re9ional shopping mall

and commercial center for Glynn County and neighboring_~outh Georgia communities. This text and its accompanying Zoning Plat allowflexibil- ity in internal design, while detailing allowed uses, standards of devel 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 luble zoning categories. Their imposition insures appropriate development, and minimizes the effect on

existing neighborhoods. By restricting usugc5 within euch district, the size,

nature and impact of final development can be anticipated. The' • • •, r . • development as detailed herein, will be a positive contribution to

the orderly growth and development of Glynn County.

-13- signage as ~ell as to uses which are inconsistent with regional shopping centers.

Also regarding the Mall Development, it is agreed the follo~ing minimum standards will apply:

1. Development will be in stages or phases on the 100 acre site: however, the development is to be construed as one project for the purposes of the Zoning Ordinance.

2. The building heights v.·ill not exceed 60 feet except for non-habitable space. - - 3. Loading and unloading 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- no~ledges this criteria will require a specific variance from the proper authority. These areas will be -permanently screened as feasible and rnay be jointly used by a number of project occupants.

4. Landscaped areas will be provided and maintained throughout the development. It is agreed a substantial landscaped strip of at least 20 feet in width and parallel to Golden Isles

Parkway will be provided and maintained by the parties to the

Mall Development.

5. Parking space size y.•ill be no smaller than 8 '6" y.•ide and 18' ceep (Annlicant- - acknowledaes- this criteria will reauire- a specific variance from the proper authority) and ~ill be provided at a ratio of no less than one space per 200 of floor area within

the ~all Development excluding the pedestrian mall, fire corridors,

service corridors, utility rooms, and building penthouses. (This

parki~g ratio and size reflects the emerging standards within the

r-~all Develop:nent cor:-.."ilunity and v;hich mir.imum standarcs are usually

set as a requirement by the department stores) . 5 (a). See Page 7 (a).

-7- , • .... ~ ...... -· . Sa. Parking for the miniature golf will be prbvided at 55 spaces based on a maximum of six players on each hole and two persons per vehicle.

7(a)