Bulloch County Commissioners met for their regular bi-monthly meeting on Tuesday evening, July 2, 2024. The meeting agenda included eight rezoning requests in addition to other county business. One of the most controversial of the evening was a proposed 81 home subdivision off of Horace Mitchell Road.
The contentious rezoning proposal for a residential subdivision project in Bulloch County sparked heated debate as Attorney Steve Rushing representing FNT Investments LLC presented plans to the county commissioners for the subdivision. Backed by developers Jason Franklin and Joey Coty, as well as current landowners Jimmy Lanier and Danny Clifton, the proposal sought to develop single-family homes in accordance with the area's comprehensive plan.
Despite concerns raised by residents living on Horace Mitchell Road regarding potential disturbances to their rural lifestyle, Rushing addressed issues of traffic, drainage, and property impact in a bid for approval of the RT 25 zoning and related applications.
The commissioners' decision, with the exception of Toby Conner, to proceed with the rezoning left the community divided, with Chairman Thompson allowing a final moment for considerations before the vote.
Continue reading for more on all business covered at the meeting.
Zoning Public Hearing
TABLED - 1. Quality Home Development, LLC, Rocky Sellers as agent, applied for a variance to reduce a 40’ front setback to 30’. The property is located at 1421 Jordan Drive Lot #101 in Meadow Lakes Subdivision. Planning and Zoning Commission heard this request on May 9, 2024. The request was denied by P&Z by a 4-1 vote.
Attorney Matt Mathews, representing Rocky Sellers of Quality Home Development, addressed a setback variance issue related to a property under AR 25 zoning. The situation arose from construction misunderstandings, resulting in the home exceeding the 40-foot setback requirement by approximately 9.8 feet.
Sellers acknowledged the oversight and took responsibility for not verifying the property boundaries sooner. Despite objections from some neighbors at the meeting, Matthews stressed that the focus should be on whether granting a 10-foot variance would negatively impact the neighborhood in comparison to the significant financial burden of tearing down or altering the structure. He pointed out that issues like covenant compliance and neighborhood aesthetics could be addressed through other means, emphasizing that the hearing specifically pertained to the setback variance. Matthews also highlighted the procedural nature of the meeting, assuring neighbors opposing the variance that they would have an opportunity to voice their concerns.
However, tensions rose as some neighbors in the community expressed suspicions that the mistakes were intentional and unethical. In response, Matthews clarified that during the meeting with the rezoning committee, the neighbors suggested it might be best to demolish the home, indicating a lack of willingness to seek a compromise thus far. Additionally, a neighboring family raised concerns about the wetness of the area, access to the garage from a private road and they noted that the garage itself encroached on the setback requirement, adding another layer of complexity to the situation.
At the request of the County Manager both parties agreed to meet and try to work out a solution that would not involve the commissioners.
APPROVED - 2. Alex Hunter Johnson applied for a conditional use to allow for a home occupation cottage industry. The property is located at 100 Got No Lane.
Attorney Steve Rushing, representing Alex Hunter Johnson, presented a request for conditional use approval on Johnson's 14.99-acre property in an AG-5 zoning district. Johnson's property functions primarily as a storage facility for his off-site communications contracting business, which involves installing fiber optic networks in apartment buildings. Rushing clarified that no business transactions occur on the property, with only employee visits on Mondays and Fridays to receive instructions and materials. Stressing minimal visual impact and compliance with zoning conditions, Rushing urged approval, aligning with the Planning Commission's recommendation.
In contrast, Attorney Michael Classens, representing adjoining property owners, raised concerns about the application, citing procedural issues and alleging ongoing business operations without formal approval. He highlighted opposition from neighboring homeowners, citing increased traffic and the unsuitability of local roads for additional vehicle movement. Classens emphasized the residential character of the area and urged the Commissioners to prioritize community interests over the applicant's request.
During the discussion, Johnson shared that he initially did not intend to use his home for business, but started operating from the property in 2022 due to unexpected business growth. Commissioner Toby Conner expressed support for Johnson's request, acknowledging his efforts to make a living but advising him to respect his neighbors and zoning regulations moving forward.
APPROVED - 3. Nancy Brown has submitted an application to rezone approximately 34 acres from R-80 (Residential 80,000 sq. ft.) to AG-5 (Agricultural 5 acres) to allow additional uses as permitted in the agricultural zoning district. The property is located at 568 Old Register Road.
APPROVED - 4. Johnathon and Emily Horseman have submitted an application to rezone approximately 5.15 acres from R40 (Residential 40,000 sq. ft.) to AG-5 (Agricultural 5 acres) for the purpose of placing a Manufactured Home on their property. The property is located at 2907 Lilly Creek Road.
APPROVED - 5. FNT Investments, LLC have submitted an application to rezone approximately 94 acres from AG-5 (Agricultural 5 acres) to R-25 (Residential 25,000 sq. ft.) for the purpose of creating a residential neighborhood. The property is located at 201 Rimes Lane.
Attorney Steve Rushing represented FNT Investments LLC in an application for developing a property developed by Jason Franklin and Joey Cody, with support from current property owners Jimmy Lanier and Danny Clifton. The proposal aimed to build single-family homes in compliance with the area's comprehensive plan, including emergency access on Rimes Lane due to community feedback against paving Nesmith Proctor Road. Rushing addressed concerns about traffic, drainage, and the impact on neighboring properties, seeking approval for RT 25 zoning and related applications to proceed with the residential subdivision project.
A group of residents living on Horace Mitchell Road voiced opposition to the subdivision during the meeting, expressing concerns about the proposed well's effect on existing homes, increased traffic in the AG 5 zone, overcrowding in local schools, and delayed emergency response times. They presented 300 petitions against the subdivision, highlighting issues with response times for emergency services and the waterlogged nature of the land. Despite their concerns, Rushing assured the commissioners that the development plans aimed to coexist harmoniously with current residents, consulting with professional engineers and seeking approval processes from the EPD.
After deliberation, all commissioners except Toby Conner approved the rezoning, with Chairman Thompson allowing a moment for final considerations before the decision. Commissioner Jappy Stringer shared his experience living near a subdivision for 39 years without significant issues. T
APPROVED - 6. FNT Investments, LLC have submitted an application to rezone approximately 4.84 acres from AG-5 (Agricultural 5 acres) to R-25 (Residential 25,000 sq. ft.) for the purpose of creating a residential neighborhood. The property is located at 100 Horace Mitchell Road
APPROVED - 7. FNT Investments, LLC have submitted an application to rezone approximately 4.84 acres from AG-5 (Agricultural 5 acres) to R-25 (Residential 25,000 sq. ft.) for the purpose of creating a residential neighborhood. The property is located at 150 Horace Mitchell Road.
APPROVED - 8. FNT Investments, LLC have submitted an application to rezone approximately 1 acre from AG-5 (Agricultural 5 acres) to R-25 (Residential 25,000 sq. ft.) for the purpose of creating a residential neighborhood. The property is located at 0 Rimes Road. APPROVED
ALL APPROVED - Consent Agenda
1. Minutes Approval: Tuesday June 18th, 2024 08:30 AM
2. Motion to Approve a Resolution Authorizing Acceptance of Roads in Ashford Subdivision
The developer has requested that the County accept dedication of and title to the roads in Ashford Subdivision. County Engineer Brad Deal has inspected these roads and determined that they comply with all County requirements. Approval of the attached resolution will implement acceptance of these roads and authorize Chairman Thompson to accept a deed for these roads on behalf of the County.
3. Motion to Approve the purchase of Seven Sets of PPE (Firefighter Turnout Gear) for Firefighter Recruits from NAFECO
We have hired three new recruits to replace some that have left for other opportunities. Because of the ACCG cancer insurance we have and based on their recommendations, we have started buying two sets of gear to reduce cancer risks in our firefighters. We have started with the career personnel. This purchase will buy two sets a piece and one set for our old fire inspector that now works on shift on an engine for a total of seven sets.
4. Motion to Approve a Payroll Deduction Agreement for AirMedCare (Air Evac)
Bulloch County partners with AirMedCare Network (known locally as Air Evac) to facilitate discounted employee memberships for emergency and non-emergency medical flight services. These memberships are voluntary and are funded by the employees electing to participate. Bulloch County prepays membership costs for the employees who enroll; the cost is then recovered from these employees via payroll deduction. The attached two agreements authorize this partnership, billing structure, and payroll deduction process for the two types of memberships offered to employees. Approval is requested and recommended.
5. Motion to Approve a Solid Waste Purchase of a Grapple Truck from Solid Waste Applied Technologies
Solid Waste Purchase of Grapple Truck in the amount of $299,000.00 from Solid Waste Applied Technologies
TOTAL TRUCK PACKAGE DELIVERED $299,000.00
SourceWell Contract # 040621-HMC
SPECIFICATIONS
- KB222 PacMac Grapple mounted on a 2024 Western Star 47X Chassis
- Chassis: 2024 Western Star 47X
- Cummins Engine: X12 500HP (includes 5 Year/200K Mile Warranty) Engine/Emissions Coverage
- Tranmission: Allison 4500RDS (Includes 5 Year/unlimited Mile Warranty coverage)
- PacMac KB222-CN-MJ/2240
- A-Style Outiggers
- Hot Shift PTO
- Paint: Standard Red/Black Loader Black Body
- Hydraulic Oil Cooler
- Pivot Mounted Strobe Light
- Midbody Turns and Rear Corner Post Strobes
- Boom Up Alarm
- Single Rear Door
- 12Ft Main Boom with 10Ft Fixed Tip Boom
- Crows Nest Operator Platform
- Electric over Hydraulic Joystick Controls
- 22 Ft Body Length, 40 Cubic Yards
- 2 Additional Strobes on Rear of Body
- 7” Rear Camera system
- 1 Year Cylinder Warranty (Standard) Plus Extended Warranty of
- 1 year Part only 1-Year Body Warranty (Standard)
- Major Structural Component Parts – 3 Years -2 years of Extended Parts only Warranty
- Slewing Ring 3 years Standard- 2 years Extended parts only Warranty
PUBLIC COMMENTS
Commission 2 C candidate Nick Newkirk: Newkirk questioned whether this acceptance meant the county would take over road maintenance and what warranty protections were in place. He expressed frustration over potential issues like broken curbs and poor drainage, questioning whether taxpayers should bear the cost for these deficiencies or if developers should address them before county acceptance. He sought clarity on the process and emphasized the importance of ensuring new subdivisions are properly maintained and functional from the outset.
Leisha Nevil, BOE member elect, expressed concerns to the commissioners regarding the approval of the subdivision project. She emphasized the strain it would place on local schools, particularly in light of existing overcrowding and infrastructure limitations, such as delayed emergency response times. Nevil called for improved communication and collaboration between the Board of Commissioners, the Board of Education, and the city to ensure that future developments consider broader impacts on community services and resources.
COMMISSION AND STAFF COMMENTS
Brad Deal, County Engineer provided some explination to Newkirk on the Ashford subdivision, noting that the process began approximately seven years ago when the builder applied for county acceptance of the roads. Over the years, they have addressed multiple punch lists to repair various issues.
Deal mentioned similar situations with older subdivisions where there was an expectation for the county to eventually take over road maintenance. He emphasized that while Ashford isn't a new subdivision, having been built around 15 years ago, efforts have been made to bring it up to a condition suitable for county maintenance. Deal invited any questions regarding the status of Ashford subdivision. He also provided a reminder about the road closure starting on July 8 at Burkhalter and Langston Chapel Road for the construction of a roundabout, and that it would take about 90 days to complete.
EXECUTIVE SESSION (PERSONNEL) NO ACTION
CLICK HERE to view the agenda and supporting documents.
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