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Committee holds Toll Brothers rezoning request while developer explores deed restriction to cap lots at 46
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Summary
Greenville County’s Planning and Development Committee held a rezoning request for 25.18 acres from RS to R15 after Toll Brothers told the committee it would commit to 46 lots; the hold gives the developer time to pursue a potential deed restriction and staff time to obtain legal advice.
Staff presented CZ-2026-007, a request to rezone roughly 25.18 acres on West Georgia Road from RS (residential suburban) to R15 (single-family) for a single-family subdivision. Staff recommended approval; the Greenville County Planning Commission recommended denial.
Committee members pressed staff and the applicant about how many homes would be allowed under the current RS rules versus the requested zoning and whether conditions could be imposed to limit future density. A committee member asked whether an FRD (Flexible Residential Development) could cap the number of lots; staff said FRD approval requires a separate application and public hearing and cannot simply be imposed at this stage.
An applicant representative said the developer would be “committed to doing 46” lots and had told the adjacent River Shoals neighborhood the same. The project engineer, Charlie Greer, said conventional RS lot-size and infrastructure requirements (roadways, pond) made it difficult to fit the 42 lots that some members expected under clustering rules and that a conventional layout would likely yield only about 30–36 lots.
Staff recalled a prior precedent in which a private deed restriction was used to limit future uses of land and noted that such restrictions are enforceable by neighbors through civil action rather than by county code enforcement.
Nick Myers of Toll Brothers said, “I’m Nick Myers with Toll Brothers,” and added the company would be “more than happy to talk to the seller about deed restricting the property at 46 lots,” though he could not provide a definitive answer that day.
Given concerns about whether a rezoning could allow a future owner to change the developer’s commitment, a committee member moved to hold CZ-2026-007 so the applicant could consult with the seller about a deed restriction and staff could obtain a legal opinion. The committee voted in favor by voice vote; the docket was held.
Next steps: the applicant will explore the deed-restriction option with the seller and the committee requested that staff provide a legal opinion as soon as possible. The item will return to the committee when those matters are clarified.
