Commissioners postpone 239 home development rezoning vote for further review

Vice Chairman Ray Davis leading the called meeting

The Buloch County Board of Commissioners met for the second time this week on Wednesday, November 6, 2024.  This is the second of three meetings they are holding this week.  The final meeting of the week will be held on Thursday, November 7, 2024.   They addressed a busy agenda, with zoning requests and public comments sparking thorough debate. In Chairman Roy Thompson's absence in only his second meeting Vice-Chairman Ray Davis led the evening's meeting.   Davis replaced Vice Chairman Curt Deal assuming his commission seat and role as Vice-Chairman.

One of the evening’s zoning highlights involved a conditional use request from Steven and Tonya Bragg to operate a cottage industry from their home on Cleary Road, a tree removal service. Bragg defended his application, explaining that his tree service would not disrupt the neighborhood and that he responsibly manages debris disposal. Some neighbors voiced concerns, however, about potential noise, traffic, and the storage of heavy equipment, citing fears that a commercial operation could disturb the area’s quiet, rural atmosphere. After a discussion on possible solutions, commissioners unanimously approved the request with specific conditions: no burning of materials brought from other locations, and the installation of a fence to buffer the property.

Next, Zacehaeus and Sherry Grant sought approval to operate a small personal care home on their property to house elderly clients. Sherry Grant described the facility as a supportive environment for up to four individuals, building on her existing elderly daycare services. With clarification on resident eligibility and a requirement for final licensing, the board unanimously approved the application.

Penny Nesmith presented two related zoning applications for her property on Dodd Circle. Seeking permission to add a second structure and a manufactured home to the 0.68-acre property, Nesmith explained that the setup aligns with the neighboring properties, many of which are similarly zoned rental units. After confirming water and septic requirements were in place, both requests received the board’s unanimous approval.

A major item on the agenda was Blue Water Bulloch, LLC’s application to rezone an 89.61-acre parcel and an adjoining 9.51-acre parcel on Burkhalter Road. The proposed development, a mix of single-family homes and townhomes, aligns with the county’s suburban neighborhood zoning standards and met requirements for open space and amenities. Attorney Steve Rushing, representing the applicant, explained that extensive planning, including a traffic study, was conducted, with the project set to connect to Statesboro’s water and sewer system. Civil Engineer Ryan Poythress added that all infrastructure costs would be covered by the developer, with the necessary easements already secured.

Some community members raised objections to the development, citing concerns over increased traffic, public safety, and the area’s environmental integrity. They argued that Burkhalter Road lacks the infrastructure for increased traffic, referencing narrow shoulders and minimal turn lanes. Others voiced apprehensions about local service strain and potential impacts on nearby wetlands, especially concerning the safety of families with young children. Following the discussion, the commissioners decided to table the matter until December for further review.

During the public comments, Billy Anderson raised a concern about an ethical gap in campaign finance disclosure. He pointed out that while applicants must disclose campaign donations made two years prior to their application, they are not required to disclose campaign donations made after applying but before the vote. He suggested this loophole could create public distrust and urged commissioners to consider recusing themselves if they received campaign donations from applicants.

Commissioner Toby Conner responded, acknowledging the importance of transparency but emphasizing his responsibility to participate in decision-making unless directly related to family interests. He affirmed his commitment to representing the public, even when the decisions might involve friends or acquaintances. Commissioner Ray Mosley added that he ran his campaign on integrity and would recuse himself if an ethical issue arose, noting he had recently returned a developer’s donation to avoid any appearance of bias.

Vice Chairman Ray Davis brought the meeting to a close with a cheerful reminder that it was his wife’s birthday, leaving the attendees with a smile. The meeting adjourned, for the last special called meeting of the week.

Read on for more detail.

1. CALL TO ORDER, WELCOME MEDIA AND VISITORS
RESOURCE PERSON/FACILITATOR: Vice-Chairman Ray Davis


2. INVOCATION AND PLEDGE
RESOURCE PERSON/FACILITATOR: Vice-Chairman Ray Davis


3. ROLL CALL
RESOURCE PERSON/FACILITATOR: Clerk of the Board Venus Mincey-White


4. APPROVAL OF ZONING AGENDA
RESOURCE PERSON/FACILITATOR: Planning and Development Director James Pope


APPROVED 1. Steven and Tonya Bragg have applied for a conditional use to allow for a home occupation cottage industry. The property is located at 2500 Cleary Road.

James Pope presented Planning and Zoning item 1: Steven and Tonya Bragg have applied for a conditional use to operate a cottage industry out of their home on 2500 Cleary Road, a 9.385-acre parcel zoned AG-5. This location, just south of Brooklet, has agricultural surroundings and a mix of farmland and single-family homes nearby. The Braggs have permits for building a home and a shop on the property, both obtained properly. While staff recommended approval with one condition, the Planning and Zoning Commission turned it down in a narrow 3-2 vote.

Bragg started by acknowledging the Commission’s work, especially given recent hurricane recovery efforts. Addressing community concerns, he clarified that his vehicles on Cleary Road are similar to what residents already drive, with his heaviest truck weighing about 32,000 pounds. He confirmed that, while clearing 60 trees for a driveway, he responsibly disposed of the stumps and debris and assured everyone that he has no plans for continuous burning or on-site disposal of materials from his tree service. Bragg emphasized that he’s strictly following procedures for all permits and cleanups, stating he even has receipts to prove proper disposal.

Donna Borowicc, a nearby neighbor living only about 100 feet away, raised several concerns about the impact of Bragg's tree business on her property and peace of mind. She highlighted that Bragg’s equipment list includes multiple trucks, grinders, and trailers, which may not fit in the proposed shop space. Borowicc also questioned Bragg’s history of burning waste, claiming he brought in trees from other jobs to burn on-site, not just those cleared for his driveway. She expressed worry about Bragg’s employees using the property as a meeting point, introducing unknown people near her home, where she lives alone. She questioned county regulations on buffering and noise control, stressing her move to the country was for peace, not for a busy commercial setup next door.

Claudia Hazel, co-owner of Hazelnut Pastures across from the Bragg property, argued that Bragg’s tree removal service doesn’t fit the cottage industry criteria, citing Georgia regulations that classify such operations as a manufacturing industry rather than a home-based service. Hazel noted that Bulloch County zoning rules mandate all business activities be contained within a closed structure or screened, which she believes Bragg’s current setup does not meet. She shared photos of equipment parked openly on the property, including stump grinders and bucket trucks, along with images of large burn piles that, according to Hazel, smoldered for weeks. She compared Bragg’s setup unfavorably to another local business, which houses heavy equipment off-site.

Leah Saucy, who lives adjacent to the Bragg property, explained that her family moved to the area for its peaceful agricultural environment, intending to raise their children in a rural setting. She expressed concern that Bragg’s business would bring commercial traffic to the area, with employees coming and going daily to pick up equipment, which would disturb the quiet they sought. Additionally, Saucy raised worries about the impact of heavy equipment on their dirt road, which already struggles during rain. She questioned who would monitor business hours and the increased wear on the road.

Bragg addressed claims about the property’s condition when purchased, explaining that it initially lacked even a driveway. He acknowledged clearing a section to build a shop, where some debris remains but said his wife has since planted evergreen trees along the property line near Borowicc’s house to help with screening. Bragg assured the Commission he’s willing to install a fence around his property if required, even up to 20 feet, emphasizing that he wants to avoid disturbing his neighbors. He requested approval and agreed to follow any recommended conditions.

The commissioners unanimously approved with the condition that Bragg wouldn't be allowed to burn trees that he brings in from work on his property, and that a fence be put up.

APPROVED 2. Zacehaeus and Sherry Grant have applied for a conditional use to operate a family personal care home at 2707 Cliponreka Road.

Zacehaeus and Sherry Grant applied for a conditional use to operate a family personal care home at 2707 Cliponreka Road. The 6.31-acre property, located in northeast Bulloch County, is zoned AG-5 and includes an existing dwelling. After reviewing the application, staff recommended approval with one condition, and the Planning and Zoning Commission supported it with a unanimous 5-0 vote.

Sherry Grant explained that the personal care home at 2707 Cliponreka Road would serve elderly clients, including several who currently attend her elderly daycare facility in Statesboro. She clarified that the home would house up to four individuals in need of a safe place to live. In response to questions, Grant confirmed the home is strictly for elderly residents and noted that she would obtain the necessary licensing after completing the zoning process.

Commissioners approved unanimously.


APPROVED 3. Penny Nesmith, as agent for Penny Properties Assets, LLC, has applied for a conditional use to allow one additional principal building on a single lot. The property is located at 117 Dodd Circle.

Penny Nesmith, representing Penny Properties Assets, LLC, applied for a conditional use to add a second principal building on a 0.68-acre parcel located just north of Statesboro. The property, zoned as highway commercial, has an existing single-family structure on the south side, with plans for a second home toward the front. Pope noted that, while highway commercial zoning typically allows multiple uses, it's uncommon to have more than one home on such a lot. He explained that the property’s access is on Dodd Circle, with commercial activity nearby on Highway 301.

Nesmith explained that her 0.68-acre property currently has one single-wide mobile home in one corner, and she hopes to add a second, small single-wide mobile home toward the front. She emphasized that the area is largely rental properties, with similar lot sizes and many mobile homes or duplexes, so the addition wouldn’t be out of character. Nesmith also confirmed that a septic system is feasible, based on a consultation with Marlon Thomas from the health department, and that MSO Water would supply water. The second mobile home would also serve as a rental unit.


APPROVED 4. Penny Nesmith, as agent for Penny Properties Assets, LLC., applied for a conditional use to allow a manufactured home on a highway commercial zoned property. The parcel is located at 117 Dodd Circle.


TABLED 5. Blue Water Bulloch, LLC, has submitted an application to rezone approximately for 89.61 acres from R-80 (Residential 80,000 sq. ft.) to PUD-1 (Planned Unit Development 1) for the purpose of developing a mixed residential development including single-family detached units and single family attached (townhome) units. The property is located on Burkhalter Road.

This rezoning request from Blue Water Bulloch, LLC, involves an 89.61-acre property, part of a larger development that includes an additional 9.51-acre parcel in the next agenda item. The property, located off Burkhalter Road in a suburban neighborhood area near Highway 80, is currently zoned R-80, requiring a minimum lot size of 80,000 square feet. The proposed plan outlines a mixed residential development with single-family homes along the road frontage and townhomes in the interior. The property includes wetlands, though no impact on these areas is planned. Staff reviewed the development plan, which appears to meet open space and amenity requirements for a planned development, and recommended conditions if approval is granted. However, the Planning and Zoning Commission recommended denial with a 5-0 vote.

Representing the applicant, Steve Rushing explained that the proposed development spans 99 acres and includes 239 units, split into 101 single-family homes and 138 townhomes. Due to the property’s existing tax parcel division, two applications were required, though it functions as a single project. The project’s design considers the substantial wetlands on-site, resulting in a lower density than the PUD maximum. This PUD would include phases, with single-family homes built first. Importantly, the development will connect to Statesboro’s water and sewer services, extending utilities from a nearby PUD approved earlier this year. Rushing noted compliance with three staff-recommended conditions, save for a preference to adhere to the current streetlight ordinance. He highlighted that the property’s suburban neighborhood character aligns with the comprehensive plan, supporting this type of planned development. A traffic study recommended a left turn lane at the main entrance, which the developers agreed to include. Rushing requested approval of the PUD application in alignment with the staff review and invited an engineer to provide additional details.

Ryan Poythress, from Maxwell Reddick Associates, confirmed the project’s alignment with the comprehensive plan and detailed infrastructure plans. He reiterated that a left turn lane into the property’s main entrance would be added per the traffic study, though a right turn lane is not needed. Water and sewer will be extended from the nearby Adelaide subdivision with ongoing discussions with the city to finalize these utilities. Regarding stormwater management, Poythress stated that runoff would be directed to Mill Creek, adhering to Bulloch County’s retention standards to mitigate downstream effects. He invited the commission to ask any technical questions they might have.

Pam Davis argued against the proposed PUD, stating that Burkhalter Road isn’t classified as a major collector road, which county rules require for developments like this. She pointed out that the road has no shoulder space and a history of accidents, raising safety concerns with increased traffic. Davis also questioned if city water and sewer could realistically reach the site within the required timeline, as there’s no clear plan for it yet. She emphasized the need for “smart growth” and said this project would strain local services like EMS, schools, and recreation. Finally, she was worried about the impact on nearby flood-prone wetlands, which bring risks from flooding and wildlife, especially for families with young kids

Lisa Sikes shared her agreement with Pam Davis’ concerns, emphasizing that Burkhalter is a dangerous road with hazardous intersections and a neglected bridge. Living just over half a mile from the proposed development, she described the road’s heavy traffic, including large trucks, commercial vehicles, and farm equipment, making navigation risky. Sikes questioned the thoroughness of the traffic study, suggesting it should cover at least nine months to reflect true conditions. She also raised concerns about extending city water to the area, especially with wetlands nearby, which already bring issues with mosquitoes and wildlife. Sikes urged the board to reconsider the development’s location, warning of potential safety hazards for new residents.

Jenny Cox argued that the area’s current R-80 zoning is meant for quiet, low-density neighborhoods, and a PUD would disrupt this environment. She highlighted that nearby properties are also zoned R-80, making a high-density PUD feel out of place. Cox questioned the costs of extending water and sewer services, expressing frustration over her recent tax increase and asking why local residents should bear the burden instead of developers profiting from the project. She estimated that the PUD could bring around 800 residents to the area, which she believes is too dense. Cox also raised concerns about the safety of children, pets, and local wildlife, as well as maintaining rural activities like hunting, which may be impacted by the development.

Rushing addressed traffic and utility concerns raised by the opposition. He clarified that Blue Water Bulloch had met the county’s requirements by hiring traffic engineers to conduct a study, which was reviewed by county staff. The study’s findings resulted in one condition being added to the development, and Rushing emphasized that all procedures were followed. Regarding water and sewer, he assured the board that infrastructure costs would be fully covered by the developer, not taxpayers, and that the utilities are already planned to extend through the area to the city of Brooklet. Rushing concluded by stating that the proposed PUD aligns with the county’s comprehensive plan, which designates the area as a suburban neighborhood, suitable for mixed-use developments with green space and amenities.

The commissioners couldn't decide on a vote, so they tabled it until the first December meeting.


TABLED 6. Blue Water Bulloch, LLC., has submitted an application to rezone approximately for 9.51 acres from R-80 (Residential 80,000 sq. ft.) to PUD-1 (Planned Unit Development 1) for the purpose of developing a mixed residential development including single-family detached units and single family attached (townhome) units. The property is located on Burkhalter Road.


5. APPROVAL OF GENERAL AGENDA 


6. PUBLIC COMMENTS

Billy Anderson urged the board to address a gap in state law regarding campaign donations and rezoning applications. He pointed out that while applicants must disclose donations made in the two years before applying, they aren’t required to report donations made after applying but before the final vote. Anderson felt this could create public distrust and asked commissioners to consider recusing themselves if they received donations from applicants. He also noted that opponents of rezoning must disclose donations but felt this wasn’t well-publicized. His main goal was to enhance transparency and protect public confidence in the zoning process.


7. COMMISSION AND STAFF COMMENTS

Commissioner Toby Conner expressed agreement with the importance of transparency and fairness, acknowledging the challenges of knowing when to recuse himself. He explained that he feels a responsibility to make decisions as an elected official, even if the topics are tough or involve acquaintances. Conner admitted he wasn’t fully aware of all potential ethical concerns but emphasized his commitment to representing the people who elected him. He added that, in his view, recusal isn’t necessary unless direct family involvement is present, as he was chosen to make decisions, even if they don’t please everyone. Conner thanked Anderson for his comments and perspective.

Commissioner Ray Mosley emphasized that he ran his campaign on integrity and is committed to maintaining high ethical standards. He shared that he recently received a donation from a developer but chose to return it before voting on the related project, underscoring his commitment to transparency. Mosley stated that, if an ethical concern arises in the future, he is willing to recuse himself if needed. He reaffirmed his dedication to doing what’s right, even if it means correcting an issue after the fact, in line with his values and upbringing.

To end the meeting with a smile, Vice Chairman Ray Davis reminded everyone that it was his wife's birthday.


8. ADJOURN

To view the meeting's agenda packet, click here

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