The Georgia Department of Community Affairs has declined to appoint a panel for an arbitration in the ongoing dispute over an annexation of Beasley Road due to non-receipt of strikes by all parties in the allotted timeframe.
$40 million development
This is the latest chapter on a confusing and perplexing objection to building out the remaining land in the Bel-Air subdivision by a group of landowners of nearby property.
Smith Family Homes, a regional developer, is proposing to build 124 2,014-square foot single family homes with an average sales price of $328,911. When completed, it will add over $40 million to the City and County tax digest.
The well known and respected developer, Lamar Smith, initially planned to develop a higher density, higher end development providing much needed and high demand senior housing. In response to objections of the senior adult housing project, Smith shifted to higher end single family homes.
After the objecting land owners were presented with a concession plan, they requested that the County exercise its right to object to the annexation to again stop the development.
The County commission voted to appeal the annexation of the subdivision. This was the first time the County has ever appealed an annexation.
Once the County appealed, according to Georgia law, DCA could step in to offer arbitration. However, due to non-compliance with the requests made by DCA for the appeal, the request for arbitration has been dismissed. More details on that are below.
The City, land owner, and developer will now make their third attempt to move forward with the project.
Background on DCA decision
A request for the panel was made on April 21, to be appointed not later than the fifteenth (15th) calendar day from the request, which was Saturday, May 6, 2023, by 11:59pm. On May 4, 2023, DCA requested the provision of strikes from both Bulloch County and the City of Statesboro by close of business Thursday, May 4, 2023, to allow for efficient, timely appointment of the panel in advance of the deadline.
This request made by DCA, via emails to both parties, said, ”Please send your strikes by close of business Thursday, May 4th (Today). The panel must be appointed by May 6th, 2023.”
The County provided strikes on May 4, 2023, at 8:57pm.
On May 4, 2023 at 8:52pm, the City replied with a second objection (the first was received April 28th), but the City did not, however, provide strikes.
On May 5, 2023, in the absence of strikes from the City, DCA reminded the parties that the panel must be appointed by 11:59pm on Saturday, May 6, 2023, and again requested the provision of strikes. DCA said, via email to all parties, “The final deadline for the City to provide strikes, and for panel appointment, is Saturday, May 6th at 11:59p.m.”
The City provided strikes to DCA, via email, Monday, May 8, 2023, at 9:09am, which was after the deadline.
"For the foregoing reasons, DCA is unable to fulfill this request and respectfully declines to appoint a panel," Juli Yoder, Principal Planner at DCA, wrote in an email.