2nd Letter to Glynn County Islands Planning Commission

PP2713 Cloister Residences East Postponement Requested

Dear Commissioners and Mr. Hainley,

I am writing with regard to Sea Island Acquisitions' application for approval of Preliminary Plat 2713 that is scheduled to be considered by the Commission on January 21, 2014 at 6:00 p.m.

 

On behalf of the Center for a Sustainable Coast and the Altamaha Riverkeeper, I am requesting that the Commission defer consideration of this application and remove it from tomorrow's agenda.  We make this request because, without proper notification, the application contains a substantial change in land use and street access or alignment to the Cloisters PD Text within the meaning of Section 723.2(b) of the Glynn County Zoning Ordinance by including a proposed Dune Avenue/Lane within the proposed Preliminary Plat..  Additionally, the original PP application contained a different route for Dune Avenue/Lane than the one that is now being proposed, and no public notice has been provided of this change.

As a change in land use and street access or alignment, the proposed change "shall be treated as and require an amendment in accordance with the procedures set forth in Article XI of this Ordinance [the Glynn County Zoning Ordinance]."  Article XI requires a public hearing and publication of notice of the hearing in the legal organ of Glynn County no earlier than 45 days and no later than 15 days before the hearing.  The notice must include a specific description of the proposed amendment. Because proper notice has not been made nor has any notice provided that an actual hearing will be held, the proposed Dune Avenue/Lane may not be considered at the IPC meeting on January 21.

Furthermore, the Preliminary Plat shows that the proposed Dune Avenue/Lane is not permitted under the Cloisters PD Text because the road and its required right of way encroach on the existing condominium at 10 Dune Avenue.  The Text, prior to its modification before the IPC on September 17, 2013, would not have allowed this road and its right of way to encroach on the condominium.  Furthermore, Sea Island Acquisitions may not rely on the amendment to Section 601 of the Text made on September 17, 2013 that ostensibly allows this encroachment because the amendment was not properly noticed as an amendment.  Nowhere did the notice suggest that a substantial change was being made that would allow this encroachment.  Moreover, the minutes of the September 17, 2013 IPC meeting clearly show that the amendment was actually characterized as no amendment at all - a clear misrepresentation.  At least six times during that meeting, the applicant and representatives of the Glynn County Development Department represented that Sea Island Acquisition's request did not represent a change at all to the Text.  For example, the summary of Mr. Landon's presentation in the minutes provides that "[n]o changes in use are proposed."  Per the minutes, Mr. Hainley stated that "this proposal does not change any allowable uses, density, or anything else that is not already entitled through the past PD text on the property."  Mr. Gilbert described it merely as a "tweaking."  In response to Leslie Brantley's specific questions regarding this request, Bill Edenfield on behalf of Sea Island Acquisitions stated that SIA was "simply adding a clarification" and that "they are simply repeating the current building code. . . ."  Because the change to the Text approved on September 17 was, in fact, an actual substantive change with significant import, it should have been noticed and represented as such.  Because it was not properly noticed, it is null and void.  As a result, the current Preliminary Plat application, which is based, in part, on this illegal change cannot go forward.

Based on all of the above, we respectfully request the PP2713 be tabled until all proper notices are made.  As with our initial comments on PP2713, I am requesting that Mr. Hainley notify Commissioner Dow of this request since we do not have an e-mail address for him.  I would also request that Mr. Hainley acknowledge receipt of this request.

Thank you for your consideration.  I may be reached any time tomorrow at 678-595-8828.

Sincerely,

Steven D. Caley
Senior Attorney
GreenLaw
State Bar of Georgia Building
104 Marietta Street, Suite 430
Atlanta, Georgia  30303
(404) 659-3122, ext. 222
scaley@greenlaw.org