7 MPC File No. 15-000236-PLAN February 2

Staff Report
Master Plan Amendment
Aldermanic District: 1
County Commission District: 7
MPC File No. 15-000236-PLAN
February 24, 2015
Godley Station North
Highlands Business Park
Northeast corner of Benton Boulevard and Highlands Boulevard
PUD-C Zoning District
101 Acres
PIN: 2-1016 -02-078 through 098 and 2-1016-02-102 through 2-1016-02-119; and, 2-1016-01013 and 014
Thomas and Hutton Engineering Company, Engineer/Land Planner
Gary Wiggin, Petitioner
Great Oak Georgia, LLC, Henry D. Stevens, IV, and GATA Holdings, LLC, Owners
MPC Project Planner: Gary Plumbley
Report Status:
Initial Report
Nature of Request
The petitioner is requesting MPC approval of an amendment to the Godley Station Master Plan (Godley
Station North – Highlands Business Park), a planned community located at the northeast corner of
Benton Boulevard and Highlands Boulevard within a PUD-C (Planned Unit Development –
Community) zoning district. No variances are requested.
Background
1.
The Godley Station Master Plan was initially approved by the MPC on October 30, 1996 in
conjunction with the rezoning of the Godley Tract on October 30, 1996. On November 21,
1996, the Mayor and Aldermen approved the rezoning of this tract from R-A (ResidentialAgriculture) to PUD-C, including the initial Master Plan.
2.
All properties within the Godley Station development are subject to the restrictive covenants
which were established in conjunction with the creation of Godley Station. Compliance with
and changes to the restrictive covenants were initially under the control of a single declarant.
The initial declarant was The Branigar Corporation, a subsidiary of Union Camp. The
ownership and declarant rights were transferred to International Paper Realty Corporation when
Union Camp was purchased by International Paper Company.
Over time, Godley Station began to be known as three separate parts, Godley Station North,
where the subject site is located, The Highlands at Godley Station, and Godley Station South.
As a result of this, a declarant was established for each of the three parts of Godley Station. The
declarant named for Godley Station North was the Foxfield Company, Mr. Harry Kitchens.
Godley Station Master Plan Amendment – Highlands Business Park
MPC File No.: 15-000236-PLAN
Page 2
3.
The petitioned site was classified as multi-family residential on the initial Godley Station Master
Plan. The Godley Station Master Plan was amended on March 4, 2003 (MPC File Number M030212-49870-2). The purpose of the amended Master Plan was to change the land use
designation of several tracts of land located within the portion of Godley Station identified as
Godley Station North. The changes that were requested and approved including the change of
the land use designation on the subject site from Multi-Family to its current Institutional
Professional land use designation.
4.
A more detailed Master Plan was approved for the subject site by the Metropolitan Planning
Commission on March 1, 2005 (MPC File Number S-050209-56312-2). The primary purpose
of the Master Plan was to expand the types of uses allowed to include uses such as daycare
centers, churches, showroom/warehouse uses, office/warehouse uses and mini-warehouse
storage.
5.
The subject site was subdivided into 43 buildable lots. In addition to the 43 lot subdivision, an
existing 6.9 acre tract was included as part of the Highlands Business Park. The first phase of
the subdivision was recorded in 2006 and the second phase of the subdivision was recorded in
2007. The proposed road system and infrastructure were constructed for the entire site.
However, none of the lots have been developed although three parcels have been sold to
separate entities.
6.
MPC staff received a letter from Mr. Stephen Bird, the attorney that represented the applicant
Mr. Gary Wiggin in conjunction with a previous submittal that was withdrawn. Attorney Bird
stated in the letter that the Foxfield Company no longer has declarant rights of Godley Station
North. This assertion is based on the Godley Station Development Guidelines which specifies
that the rights of the declarant are conditioned on the declarant owning any portion of the
subject property or any real property adjacent to the subject property. It is believed that the
Foxfield Company does not own any portion of the subject property or property adjacent to the
subject property. Attorney Bird also contended that the covenants specifically do not grant the
declarant any rights regarding any matter which will be the subject of the Commission’s
approval.
7.
MPC staff also received a letter from Mr. John Lientz, the attorney representing Mr. Harry
Kitchens (Foxfield Company) in conjunction with the previous submittal. The purpose of Mr.
Lientz’s letter was to clarify Foxfield’s capacity as declarant in North Godley. In December,
2002, Foxfield and Godley Station Enterprises, LLC acquired the property known as Godley
Station North from International Realty Corportion. As part of that transaction, International
Paper Realty Corporation assigned their declarant rights to Foxfield and Godley Station
Enterprises (Deed Book 245-E, page 55).
Subsequently, Foxfield and Godley Station Enterprises conveyed their respective interests in the
east and west portions of Godley Station North. Foxfield retained ownership and rights to the
the property east of Benton Boulevard and Godley Station Enterprises retained ownership and
rights to property west of Benton Boulevard (The Highlands at Godley Station). Historically,
the declarant rights of each party were limited to their respective property. That relationship and
working agreement, including the declarant rights of each party was made official and recorded
in Deed Book 94-P, page 6 in the early portion of 2014.
Godley Station Master Plan Amendment – Highlands Business Park
MPC File No.: 15-000236-PLAN
Page 3
Mr. Lientz also noted that since 2002, Foxfield has served as declarant to the properties located
within Godly Station North and has worked with Bill Dempsey, the original land planner for
Godley Station North and the Metropolitan Planning Commission in an effort to maintain the
consistency and harmony which was intended for this development. Mr. Lientz further stated
that the roles of the Foxfield and Godley Station Enterprises as declarants of the eastern and
western portions, respectively, have never been challenged nor are they aware of any basis for
such a challenge.
8.
City attorney’s response: In conjunction with the previous submittal, the City attorney was
made aware of the dispute between Mr. Harry Kitchens and Mr. Gary Wiggin regarding
declarant rights for the subject site. The City attorney considers that dispute to be a “private
matter” between Mr. Kitchens and Mr. Wiggin and should be handled as such.
In light of this, the City attorney has issued an opinion that if an applicant submits an application
to the Metropolitan Planning Commission (MPC) to change the use within the PUD, and
provides proof of his authority to act on behalf of the owner, the MPC should process the
application in normal course. If the party claiming adverse rights wants to contest that action, he
can file a civil suit or some formal objection to the MPC.
The City attorney also advises that if both parties present written permission from the owner
requesting different changes to the subject site, the MPC should not act on either request until
such time as the owner decides which applicant has his authority to petition.
Findings
1.
Notification: The proposed Master Plan Amendment was initially scheduled to be heard by the
MPC on February 3rd. A notification letter was sent to all property owners located within 300
feet of the subject site on Tuesday, January 20th. Also, two signs with details of the proposed
Master Plan Amendment were posted at the site on Tuesday, January 20th. The petition, at the
request of the applicant, was continued date certain to the MPC meeting on February 24th.
Because of this, no further notification was required.
2.
Authorization: The portion of the Master Plan requested to be amended is owned in its entirety
by the petitioner. The majority of properties within the remaining portion of the Master Plan are
owned by the petitioner, although three of the properties are owned by two different parties.
Because the properties owned by different owners are not requested to be amended, their
authorization is not required. However, both owners will be notified of the proposed amended
Master Plan. Staff has been contacted by one of the owners stating he is opposed to the
proposed Amended Master Plan and land use changes.
3.
Purpose: The existing Master Plan and subdivision were approved for a specific type use that
the petitioner contends is unmarketable in the foreseeable future. Because of this, the petitioner
is requesting that the Master Plan be changed to allow other uses that are desirous and
marketable. The purpose of the Master Plan Amendment is to change the land use designation
of approximately 41 acres of the 119 acre subject site. Approximately 19 acres is requested to
be changed from Institutional Professional to Neighborhood Commercial and the remaining 22
acres is requested to be changed from Institution Professional to Multi-Family Residential.
Godley Station Master Plan Amendment – Highlands Business Park
MPC File No.: 15-000236-PLAN
Page 4
4.
Neighborhood Business: The nine parcels proposed to be changed to a Neighborhood
Business land use designation will provide limited retail development and services that are
presently unavailable for this portion of Godley Station. Also, several more intensive uses will
be restricted by the petitioner in accordance with the deed restrictions on the subject properties.
5.
Multi-Family Residential: There has been much debate about the number of multi-family
developments in Godley Station both existing and proposed. The attachment titled Godley
Station Apartment Development will show the existing, permitted, and proposed multi-family
developments within the Savannah City limits in Godley Station.
When the Godley Station Master Plan was initially adopted, there were a maximum of 4,242
multi-family units permitted within the City of Savannah. Although the maximum number
permitted is rarely the actual number constructed in a large area governed by a Master Plan, it
does represent what could be developed.
6.
7.
Site: All properties within the subject site are zoned PUD-C. All properties within the subject
site are undeveloped. The adjacent land uses include:
Location
Use
Land Use Classification
North
Undeveloped
Single Family Residential
Wetlands
Multi Family Residential
South
Highlands Boulevard
Undeveloped
Apartment Complex (U/C)
Linear Park
Undeveloped
Neighborhood Commercial
Multi-Family Residential
Passive Recreation
Commercial/Retail
East
Undeveloped
Business Commercial
West
Benton Boulevard
Residential Townhomes
Undeveloped
Undeveloped
Single Family Attached Residential
Wetlands
Office/Institutional
Access/Traffic: The subject site has frontage on Benton Boulevard extended, an existing
unopened unimproved public road right-of-way with a 135 foot right-of-way. The site also has
frontage on Highlands Boulevard, an existing paved public road with a 120 foot right-of-way.
Because Benton Boulevard is presently unimproved, access into the subject site will be limited
to Highlands Boulevard until such time as Benton Boulevard is improved and deemed an open
road. There are three approved bi-directional curb cuts on Highlands Boulevard and two
approved bi-directional curb cuts on Benton Boulevard extended.
The AM and PM peak hour traffic trips that would be generated by the uses allowed in the
proposed commercial and multi-family land use designations would be less than the uses
Godley Station Master Plan Amendment – Highlands Business Park
MPC File No.: 15-000236-PLAN
Page 5
allowed within the Institutional/Professional land use designation based on the 9th Edition of the
ITE Trip Generation Manual. Based on this finding, a traffic study will not be required.
A traffic generation table is attached illustrating the traffic generated that would be generated by
the existing land use designation and the proposed land use designations. Both the A.M. and
P.M. peak hour numbers are less in conjunction with the proposed amended Master Plan.
8.
Summary: The purpose of a Master Plan is to provide orderly development with uses related to
each other in a harmonious fashion and to meet the needs of the immediate and surrounding
areas. Sometimes, all of the properties within an approved Master Plan are developed in a
relative short period of time and changes to the approved uses remain unchanged. However,
sometimes because of various factors in marketing trends, needs, and economic constraints,
changes to Master Plans are necessary. Such changes are not unusual as Master Plans for the
most part are never static.
When such changes are requested, the merits of such changes should be analyzed relevant to
market demands and the area governed by the Master Plan in its entirety. The proposed
amendment to change the land use designation of 22 acres from Institutional Professional to
Multi-Family Residential and 19 acres from Institutional Professional to Neighborhood Business
would not adversely impact the existing uses in the immediate area which include a multi-family
development and undeveloped commercial parcels.
Based on the previously stated findings, the proposed change in land use, if approved, would not
be detrimental to the properties within the immediate area of to the City of Savannah.
Recommendation
The MPC staff recommends approval of the proposed Amended Godley Station Master Plan to change
the land use of a 22 acre portion of the 101 acre site from Institutional Professional to Multi-Family
residential and a 19 acre portion of the 101 acre parcel from Institutional Professional to Neighborhood
Business subject to the following conditions:
1.
Prior to approval of any development plan for any property located within the approved Master
Plan, a traffic analysis to determine the impact of the Benton Boulevard and Highlands
Boulevard intersection must be submitted to and approved by the City Traffic Engineer and the
MPC staff including all recommended improvements, if any.
2.
Approval by the City Review Departments including the City Traffic Engineer and the City
Engineer.
Special Request
The Godley Station Master Plan should be amended to reflect changes as they are approved. This
provides a necessary tool in reflecting what the approved uses are and to help analyze requests to change
the approved Master Plan. The Godly Station Master Plan has not been changed in its entirety since it
was first approved. Because of this the MPC staff is requesting that an up to date Master Plan be
submitted to the MPC.
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Units: 300
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Units: 328
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Units: 343*
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Units: 256
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Units: 327*
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Units: 312
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Units: 288
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Units: 256
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[
1 inch = 900 feet
AS OF
FEBRUARY 19, 2015
EXISTING
POTENTIAL
EXISTING **
PROPOSED
** INITIAL LEASING
* POTENTIAL UNITS ( see map )
Highlands Park
Row Pine Investments, LLC
Summary of Traffic Scenarios for Highlands Business Park
ITE Calculated Internal Capture Rate and Pass By Trips
February 19, 2015
Existing Conditions versus Proposed
Land Use
Existing Conditions
Proposed Conditions
Difference
Business Park
(Acres)
Multi-Family
(Units)
Shopping
Center
(GLA)
100
60
0
300
0
67,500
*Net AM
Peak
Hour
Volume
(VPH)
*Net PM
Peak
Hour
Volume
(VPH)
Gross
AM
Peak
Hour
Volume
(VPH)
2,040
1,389
-651
1,685
1,264
-421
2,040
1,473
-567
Notes:
*1. The Proposed Condition has a 6 % internal capture rate for AM Peak Hour Trips and an 12%
capture rate for PM Peak Hour Trips(as determined by ITE) for the traffic generated as calculated by
the ITE. The ITE also recommended a reduction in the PM Peak Hour for Pass By Trips.
2. The Gross Leasable Area(GLA) for the Proposed condition is consistent with the proposed Deed
Restriction on the property with a maximum of 7,500 sf of GLA for a multi-tenant building (nine
parcels). A Traffic Impact Analysis will be required at the time of final development plan and when
the actual retail uses and square footages are known.
Gross
PM
Peak
Hour
Volume
(VPH)
1,685
1,653
-32
Final Results of Multi-Use Trip Generation
Average Weekday Driveway Volumes
Project:
Phase:
Open Date:
Analysis Date:
Description:
_____________________________________________________________________________________
24 Hour
AM Pk Hour
PM Pk Hour
Two-Way
ITE:Land Use
Volume
Enter Exit
Enter Exit
____________________________________________________________________________________
770 : Business Park
9209
1019
180
202
808
60 Acres [E]
220 : Apartments
1942
30
121
119
64
300 Dwelling Units [E]
820 : Shopping Center
5260
76
47
221
239
67.5 Th.Sq.Ft. GLA [E]
____________________________________________________________________________________
Unadjusted Total Driveway Volume
16411
Unadjusted Peak Hour Pass-By Trips
Total Peak Hour Internal Vehicle Trips
Total Peak Hour Driveway Volume
Total Peak Hour Pass-By Trips
1125
348
542
1111
0
0
97
105
42
42
108
108
1083
306
434
1003
0
0
78
95
Total Peak Hour Vol. Added to Adjacent Streets
1083
306
356
908
____________________________________________________________________________________
Total AM Peak Hour Internal Capture = 6 Percent
Total PM Peak Hour Internal Capture = 13 Percent
_____________________________________________________________________________________
Note: A zero indicates no data available.
Source: Institute of Transportation Engineers
Trip Generation Manual, 9th Edition, 2012
Transportation Research Board - NCHRP Report 684, 2011
TRIP GENERATION 2013, TRAFFICWARE, LLC