MPC approves planned development changes amid contentious debate

Jul. 13—The Glynn County Mainland Planning Commission approved an amendment to the Villas at Golden Isles planned development district after a contentious back and forth debate.

Joey Hiers, the property owner, said his attempt to develop his portion of the subdivision the past two years has "been hell" because negotiations with the condominium owners association keep falling apart. He cited two failed attempts to secure an agreement with a developer the past two years, he said.

"They want to run us off is what they want to do," he said at Tuesday's MPC meeting.

There are currently 78 units in the development located off Golden Isles Parkway near GA 99. The current uses allowed are for single-family homes on lots 9,000 square feet or larger and six-unit multi-family buildings.

The proposed amendment would eliminate the six multi-family buildings and add townhomes as a permitted use. Single-family homes would remain a permitted use.

Hiers plans to build 90 units, which would give the new residents 55% of the development and give them a majority when it comes to decisions by the condo owners association if they choose to share in the amenities such as the swimming pool and tennis courts.

"Condominium owners association costs could go down with more residents," he said. "It could be a lovely thing for residents."

But Brent Snellenberger, president of the association, said he was not prepared for "attacks" from Hiers during his presentation.

"He slandered me; he slandered the owners," he said.

He gave a history of the development, which was incorporated in the mid 2000s. The developer declared bankruptcy in 2010. The condo community was not even halfway completed at the time.

Snellenberger said the concern is how the two communities will coexist.

"It's about how the two communities will get by," he said. "The idea we're trying to control him is ludicrous. He knew these lots were in the middle of the condominium development."

Snellenberger said he and other residents want the lots developed but an agreement about the upkeep of the roads, landscaping in common areas and the amenities needs to be reached before the planned development district request is approved.

"An implied easement is not ownership," he said. "He just owns the lots. We're not trying to keep him out."

Another concern is how existing residents will be affected once the new units are built and they are outnumbered by new residents. He said the association would not be able to replace a treadmill or do repairs in the common areas without their permission.

There are issues that only lawyers can resolve, he said.

"If it's just math; it's easy," he said. "There are minefields all over that. He has rights, but so do we."

Commission member Neal Boatright acknowledged the new residents will have a bigger say because they will have a larger percentage of homes.

Snellenberger said the developers have no right to tell association members how to manage their property and accused Hiers of "strong arming" the condo association.

"I think they are deceiving us with the nature of this thing," he said.

Commission member Bill Edgy said he could "hear the frustration" in Hiers' voice when he explained his attempts to develop the property.

"You are the short-term victim in this deal," he said.

But he pointed out that if the developer, D.R. Horton, abandons plans to develop the property after it is rezoned, it's uncertain what will happen next.

"Then the condominium owners association is the loser," he said. "Then they will be at the mercy of a potential buyer doing what they say they will do."

Edgy said he was struggling to decide how to vote, adding that anyone can find negative things to say about a business or developer.

After nearly two hours of discussion about the request, commission member Missy Neu said the issue with the cost share agreement "has nothing to do with why we're here tonight."

"You have a consent agreement signed by a judge for cost sharing," she said.

Snellenberger said it's unfair for existing residents to pay for the upkeep of common areas everyone will use.

Edgy said the purpose of the meeting is to discuss rezoning.

Committee chair Sherrye Gibbs agreed the issue under consideration was rezoning, not the association agreement with the developer.

"We're not here to work out your deal with D.R. Horton. It will be up to everyone," Gibbs said.

Boatright made the motion to approve the request. Neu seconded the motion, which was approved unanimously.

In other business:

—A height exception to allow a 98-foot steeple on Bible Baptist Church, 500 Harry Driggers Blvd., was approved.

—Varsity Plaza Supply was granted site plan approval to expand one of its existing warehouses for storage in the 2200 block of Sixth Street in the general commercial zoning district.

—Site plan approval of an 8,000-square-foot event venue barn at 850 Pennick Road was approved.

—A new 6,775-square-foot three-unit restaurant and retail commercial center at 495 Canal Road was approved.

—Commission members approved a site plan request by Yancey Caterpillar for three new buildings and the associated infrastructure at 346 and 370 Perry Lane and 125, 130 and 144 Bailey Road.

—A new 7,200-square-foot office building and lay down yard at 1120 Airport Industrial Drive by Indigo Ventures, LLC was approved.

—A site plan by Highway 99 Mini Storage for two mini-storage buildings at 5111 GA 99 was approved. One building would be 13,500 square feet and the other 15,300 square feet.