RUNDOWN: Bulloch County Commission – August 1, 2023

This is an informal rundown of the Bulloch County Commission meeting on August 1, 2023. You can view the full council packet here.

CALL TO ORDER, WELCOME MEDIA AND VISITORS
INVOCATION AND PLEDGE
ROLL CALL

APPROVAL OF ZONING AGENDA
Terri Grant has submitted an application to rezone 3 acres from R-25 (Residential 25,000 sq ft) to NC (Neighborhood Commercial) to establish a general business – daycare facility. The property is located at 27 Bobby Stubbs Road, Parcel No. 106 000016 000

Cassandra Mikell spoke against the application on behalf of herself and a number of other landowners in the area. She vocalized concerns about future expansion as well.

Elizabeth Grant, the owner of the property, said there were no plans for future expansion.

Commissioner Curt Deal asked for the zoning employees to further explain ‘neighborhood commercial’ zoning, which allows some businesses in crossroads of the communities. County officials said the business is more so for the neighborhood instead of an attraction from outside of the community, like a car dealership.

Deal said in light of the traffic on Highway 24 and the unknown volume at this time, he would make a motion to deny the application. It was seconded by Commissioner Jappy Stringer. The application failed in a vote of 5-0.

Terri Grant has submitted a Conditional Use application to establish a daycare facility. The property is located at 27 Bobby Stubbs Road, Parcel No. 106 000016 000

Because the previous application on the same parcel was denied, this agenda item was not taken up by commissioners.

R&H Development Co., Inc. has submitted an application to rezone 60.2 acres from AG-5 (Agricultural 5 acres) to R-40 (Residential 40,000 sq ft) for the purpose of a single-family residential subdivision. The property is located on Shuman Road and Old River Road, Parcel No. 183 000002 001

P&Z recommended denial in a 4-0 vote and staff also recommended denial.

There were 31 residents present to speak against the application, but only a handful were permitted to speak in the 10 minute period.

Michael Bailey also spoke against the application saying the 5 acre lots ‘working’ right now. He said people have invested a lot of money in their properties and it’s not fair to disrupt their lifestyles because it isn’t what they bought into when they purchase the property. “If you approve this, you’re opening the flood gates,” Bailey said.

Carrie Mason spoke against the application as a new resident of Bulloch County and transplant from Massachusetts. She said she and many of her neighbors fled their previous homes for a spacious, less dense community.

Commissioner Curt Deal asked Bell if he was open to sidewalks and a gated community. Bell said he would consider a gated community but he was not sure it would be in the best interest of the community because the county would not accept the streets at the end. He said was up in the air on sidewalks.

Commissioner Toby Conner said commissioners voted down a similar proposal earlier this year and he wished to remind ‘what’s good for one is good for all.’

Commissioner Moseley asked if Bell could make the project work with less density. County Manager Tom Couch attempted to answer the question by saying commissioners could put the application in a deferral for consideration next month. Mosley said he would like to make a motion to defer the application.

“I agree 100% that we need more housing but I’d like to see if we could meet somewhere in the middle and still make this project work,” Mosley said.

The motion to defer was approved 4-2 with Stringer and Conner opposing.

John Keene has submitted an application to rezone 5 acres from R-40 (Residential 40,000 sq ft) to AG-5 (Agriculture 5 acres) for the purpose of operating a general business (archery pro-shop and range ag center). The property is located at 462 Youngblood Road, Parcel No. 121 000010 000.

John Keene was present to speak in favor of the application. P&Z recommended approval, as did staff, and no one was present to speak against.

The application was approved unanimously.

John Keene has submitted an application for conditional use for the purpose of a Home Occupation – Cottage Industry (archery pro-shop and range ag center). The property is located at 462 Youngblood Road, Parcel No. 121 000010 000.

John Keene was present to speak in favor of the application. P&Z recommended approval, as did staff, and no one was present to speak against.

The application was approved unanimously.

Robert B. Poole has submitted an application to rezone 10 acres from AG-5 (Agricultural – 5 acres) to HC (Highway Commercial) for the purpose of operating an automotive sales and rental facility, automotive parts and accessories and a conditional use for automotive repair. The property is located at 30350 Hwy 80, Portal, GA, Parcel No. 006C000015 000.

The application was approved unanimously.

Robert B. Poole has submitted an application to rezone 10 acres from AG-5 (Agricultural – 5 acres) to HC (Highway Commercial) for a conditional use for automotive repair. The property is located at 30350 Hwy 80, Portal, GA, Parcel No. 006C000015 000.

The application was approved unanimously.

Mayberry Land Holdings, LLC has submitted an application for a condition modification to the conditions
approved by the Board of Commissioners on November 15, 2022. The request is to modify Conditions #4,6 and #10. The property is located on Josh Deal Road, Parcel No. 093 000026 000

Jim Anderson was present to speak in favor of the application.
Staff recommended a handful of conditions and 4 & 6 to help achieve goals desired by both sides. There was no conflict between the county and the application. The applicant said it was asking for an engineer instead of a landscape architect in #10 because they already have one on staff and wouldn’t have to go out and hire another firm.

Commissioner Curt Deal made the motion to approve conditions 4& 6 and denial on condition #10. The motion was approved unanimously.

Mayberry Land Holdings, LLC. submitted an appeal to the Planning and Zoning decision dated July 13,
2023 for the conditional approval of the Mayberry Subdivision sketch plan condition #3. The property is
located at 359 Josh Deal Road, Parcel No. 093 000026 000.

This item failed to gain approval. Commissioners voted it down 6-0.

The Bulloch County Planning and Development Department is requesting a Text Amendment to introduce
or modify text definitions for commercial crypto currency mining, crypto currency, crypto currency data
center, crypto currency server farm, dispenser of low thc oil, high density load service, and personal care
home; to modify Section 1005 (a)(1) water supply of Appendix C; to modify use standards text for Section
1418 Daycare Facility, residential zone; to add a new section 1452 to establish supplemental standards for
dispensers of low thc oil; and to modify Section 802 Commercial and Industrial Principal Uses to include
Liquor Stores

Many of the proposed changes on this agenda item were for language clean-up on existing ordinances. Highlights from the discussion:

  • There are no changes to the cryptocurrency ordinances from the standpoint of applications. The revisiting of the language was due to the fact that when the commissioners approved the ordinance earlier this year, they omitted any definitions pertaining to crypto, which is necessary to adequate implement and enforce the ordinance. Because the definitions were not something staff could do on their own, it had to be brought back to commissioners for approval.
  • Daycare ordinance changes needed minor text changes for commercial zones.
  • Liquor store ordinance changes would allow for locations in ‘highway commercial’ but would still have to go through the conditional use standards, like other locations.

As for the low-THC oil dispensary language proposed, county officials told commissioners that the language as proposed mirrors what is dictated by state law. The change to state law follows the most recent legislative session in which pharmacies were provided the ability to become dispensaries of low-THC oil, which they were not previously authorized to do.

Ben Ross of Forest Heights Pharmacy presented to commissioners on why he would like to see the ordinance go into effect. He emphasized that the cannabis in these programs is medicinal only, not recreational, and everyone who obtains a ‘prescription’ does so through the state registry. Ross also emphasized that the product does not come in leaf, vape, or edible form, only oil form.

Read the story on this matter here.

Bulloch Commissioners Approve Zoning Changes So Local Pharmacies Can Seek Low-THC Oil Dispensary Licenses
APPROVAL OF GENERAL AGENDA
PUBLIC HEARING- ROAD ABANDONMENT/CLOSURE

Public Hearing and Resolution to Abandon County Road No. 228 a/k/a Melrose Road

The county did not receive any feedback on the abandonment prior to the meeting.

Luther Denton was present to speak in favor of the road closure, along with his wife. They own the property on both sides of the road at the present time. He said they discussed closure with their neighbors and the farmer currently farming property on Melrose Road and 'they've all given their approval to us personally."

There were no other public comments, no one to speak against the closure, and no discussion by commissioners. It was approved unanimously.

CONSENT AGENDA
  1. Minutes Approval: Tuesday July 18th, 2023 08:30 AM
  2. Motion to approve the purchase of two fire engines from Fireline in the amount of $1,505,054.00

The matters were approved unanimously.

NEW BUSINESS
Approval of Amendment to Chapter 3 of the Code of Ordinances of Bulloch County, Georgia

Approved unanimously.

Motion to approve a bid and enter into a contract with Reeves Construction Company for County Road Resurfacing 2023 in the amount of $2,524,950.00, to be funded by LMIG and TSPLOST

This year's list has approximately 10 miles of road on it, which is slightly less than years past. County Engineer Brad Deal said the county used to be able to repave 1 mile of road for approximately $150,000. Now, 1 mile is $250,000 for resurfacing.

Approved unanimously.

PUBLIC COMMENTS
COMMISSION AND STAFF COMMENTS
EXECUTIVE SESSION (PERSONNEL, REAL ESTATE AND PENDING LITIGATION)
ADJOURN

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