Planning and Zoning - Regular Meeting

Tuesday, May 19, 2026
Transcript
Video
Agenda

About this meeting

Government Body
Planning and Zoning
Meeting Type
Planning And Zoning
Location
Madison County, GA
Meeting Date
May 19, 2026

Transcript

254 sections

0:00 – 1:198

I'd like to call the Planning and Zoning Public Steering to order. My name is Kenola Scott. I will be chairing this meeting, and as usual, I'd like to get started. If you would, please stand with me for a word of prayer. Telling God our Father is once again, and we're bowing in our presence. Thanking me for life, health, and strength. Thanking me for all the things that you provide for us. Our Father, we pray a blessing upon this group here tonight, and a blessing upon this whole entire world. Our Father, we know that everything we do and all the gifts that we get come from thee. And our Father, we ask that you get in our minds that we make the right decisions as we try to do the county business. And our Father, we'll be so careful to give you all the honor, the praise, and the glory. In Jesus Christ's name we pray. Amen. First of all, I'd like for the board members to introduce themselves and to let you know what district they are from.

1:207

John Bradley, Vice Chair of District 1.

1:272

Lee Mitchell, District 2. Williamstead, District 4.

1:3011

Melissa Payne, Zoning Administrator 1. Tracy Patrick, Zoning Administrator 2.

1:367

And I'm Mike Bruitt, County Attorney. Okay, thank each and every one of you for attending.

1:42 – 5:288

We have one member missing tonight, Cynthia Forson, who represents District 5. She is pulling double duty. She actually is working the polls and was not able to be in two places at one time. All right, I don't have any particular announcements for the chairman's report, but I do want to read a public statement. As a first order of business, I am required to read a few statements regarding the zoning process. If you have any questions, I will address them once I finish. Zoning directly affect private property rights, which includes the right of the property owner to the enjoyment and the use of that property, and the right of adjacent owners and the general public not to be unreasonably harmed by specific land use. Tonight is the first of two public hearings. A second public hearing will be held before the Board of Commissioners on June 1st, 2026, at 6 p.m. at this location. Attendance is not required, but your attendance is recommended. Order of business. As to the order of business tonight, I will introduce the applicant, and then the zoning administrator will give her comment. Then the applicant will come forward state their name and address, and state their reasons for their request. You may provide information or documentation supporting the application. Next, the Planning and Zoning Commission will have the opportunity to ask the applicant questions. Next, I will open the floor for public comment. Our full time will be given to those that may want to speak for or in opposition to the rezone request. I would ask that you limit it to three to five minutes. Note, all comments will be addressed to the commission and not to others in attendance. No personal attacks will be allowed. Next, the applicant will be allowed ample time to rebut any concerns expressed by other speakers. At this junction, no other comments will be allowed except by the board members. Then I will open a special session of the Planning and Zoning Commission. Then I will ask for a motion to approve, to deny, or approve with conditions. The recommendation will be presented Monday night, June the 4th, 2626 to the Board of Commissioners. This board is a recommending board only. We will pass our recommendations on to the Board of Commissioners. Board of Commissioners has the final say. Does any member of the Planning and Zoning need to recuse yourself from any requests on the agenda tonight? Hearing none, we'll move forward. Any questions from the audience? If not, we will begin with our first request.

5:31 – 5:5811

Kenneth Gosnell is requesting to rezone his 4.46 acres from A2 to AR to allow a second home to be placed on the property as an accessory dwelling unit for a family member. The property is located at 435 Gosnell-Hutto Road in Danielsville, on map 68A, parcel 44 in district two.

5:59 – 6:198

Mr. Dozell, are you here? Please let us know, please tell us what you mean. I'm requesting a rezone for my grandchild to live on my property. All right, any questions when we stick to that call? Any questions?

6:190

Thank you, sir. Thank you.

6:25 – 7:178

At this point, we will open the public hearing. Is there anyone here that would like to speak for this rezone request? Hearing none, is there anyone here who wants to speak in opposition to this rezone request? Hearing none, we'll close the public hearing and I'll bring it back before the board and I'll entertain a motion. Motion to approve. Motion to approve. I'm second. I'm second. Any questions or comments? All right. Guy? I have my questions. Yes or no, as far as the... We're in the stage where we're voting. Yes. Yes.

7:19 – 7:428

Yes. Yes. All right. Mr. Connell, this... has been approved, we will recommend to the Board of Commissioners on June 1st that this result request be approved. Again, you don't have to be here, but I do recommend that you do. All right, number two.

7:42 – 8:1511

All right, Edgar Arlano, applicant for his father, Conrado Arlano, is requesting a variance to allow an existing barn-type structure to remain closer to one side of property line that doesn't meet the required 15-foot setback with an approximate six-foot deficit. Property is located at 1654 Leckie Jones Road and Hall on Mount 14, parcel 82 in District 1.

8:15 – 8:357

All right, let's turn around. My name is Edgar. My dad's Colorado. I'm going to translate Brown. Okay. We're here to request a variance for the barn structure. Because it's a little closer to the property line. Hopefully they can remind.

8:388

Okay. Any of the board members have questions?

8:432

When was the barn built and how did it come to be built without combating too close to the property line?

8:55 – 9:097

It was built about roughly two years and we didn't think that we needed a permit to build it. The property that this barn is built on, I understand you and

9:242

You all live on separate properties, correct?

9:267

Same thing, same property. Okay.

9:29 – 9:492

Okay. There are two homes on the property where you probably live, correct? Yes, sir. Okay. Have you made improvements or have you built onto those homes over time and had to have permits to do that? Have you had to have a permit before for anything?

9:517

Yeah. Before he moved the house, the second mobile home, we had to get a permit to build it.

10:002

So you're aware that we have to have permits to build. Yes, sir. But you built the barn anyway.

10:067

Yeah, I didn't think about the barn. Need one.

10:12 – 10:548

Whose property will you be encroaching upon or are you encroaching upon at this point? Yeah. You're closer to somebody's property. Yes, sir. The reason you're asking for a variance. Who is that person? His name is Jerry. I'm not sure his last name. Okay. Did you, have you approached him about being too close and if he's good with that or bad? Yes, sir. I'll talk to him and everything. Did you bring any kind of letter or any kind of documentation? From him saying that I'm okay with that?

10:547

No, sir.

10:55 – 11:242

Okay. Any other questions? When I came out there, I appreciate you allowing me to come out and take a look at that here today. Do I understand the structure of the barn is, there's the main part of the barn, and then this portion that is closest to the property line is an addition, it's a lean-to. It's not part of the barn proper, is that? Is it like a shed or something on the side?

11:292

So it could be removed or shortened to meet the 15 feet requirement?

11:40 – 12:237

Yes, sir. Yes, sir. I also visited the company and the barn is a large structure. maybe 1,500 feet, right, square feet? And it is very close to your neighbor, maybe six feet is supposed to be 15, you realize that? Yes, but after when we came to request the permit, that's when they told us. And is it your intention to have a horse or cow in that barn? No, sir. Just a coin in a, you could say, coin. Right, because if that's the case, it needs to be 15. It is accountable, of course.

12:23 – 13:248

I also visited the property. Is that, I guess it's a fence or whatever that is. Is that the property line? Yes, sir. Any further questions? No, thank you, sir. Thank you. All right, at this point, I will open the public hearing. Is there anyone who wants to speak in favor of this variance? Anyone wants to speak in favor of this variance? Hearing none, is there anyone who wants to speak in opposition to this variance? Hearing none, I'll close the public hearing and I'll bring it back before the board for discussion and I'll turn to motion.

13:337

Board members, any comments?

13:3516

Mr. Chairman, I make a motion to approve as presented.

13:38 – 14:008

Well, a motion to approve. A motion to approve. I'll have a second. This motion is then. Do I have another motion?

14:012

I'd like a motion to deny this request.

14:04 – 14:168

Motion to deny. Do I get a second? Second. I have a motion to deny and a second. Any comments or additional questions?

14:167

Denied. So a yes vote is to deny.

14:248

Yes. Our motion is to deny this particular reasonable request. And now we will vote, starting with you. Yes. Yes.

14:35 – 15:008

Yes. And we have a three to one vote to deny. We will present this to the Board of Commissioners, and then we'll have a final say I do recommend that you attend, you gentlemen attend on June 1st and present your case. All right, number three.

15:01 – 15:3211

All right, next up we have Mark and Tasha White. They are requesting a variance to allow a sack house to be built that cannot meet the required 300 foot setback from the property lines in two places with deficit amounts of 178 feet and 25.7 feet. The property is located at 0 Corinth Church Road in Royston on Mount 100, parcel 13A in District 4.

15:348

All right, Dwight, please come forward.

15:40 – 17:531

Good evening, ladies and gentlemen. Good evening. It actually is Bantam Incorporated. And it is the tri-county area, they call it, where Hart, Franklin, Elbert, and Madison all meet. I am in the very tip of that location, which has made for Ms. Tracy an ordeal. But nevertheless, we applied six years ago with the NRCS to build compost sheds. It is... an existing two-house breeder hen farm owned and operated by myself and my wife. And over the course of years, dig a hole, put them in the ground. And it, that ground in a sense cannot be ever used for anything else ever again, it's contaminated. So we're just looking for a better option are born to compose both egg and carcass in the manner that is presently being used as opposed to prior all of those years. And the owners on both sides of me, I think all of you guys have a support from those. They are poultry farms as well. Mr. King is the closest and he is Elbert County right beside of me and 100% support the fact of what I'm doing. There's no in feeling other than get it done if we can. So we are applying for variance to build the combo shed which we will use extensively in the manner that it should be, and look for your guy's support.

17:56 – 18:472

All right, sir. Any questions for his wife? I will say Guy and I both went out there. He was very accommodating. Appreciate that. Thank you very much. Getting on poultry farms is a little iffy when you've got both. by our situation. For the benefit of the others here, you told Guy and I this, can you explain why it is other than the fact that this is where an existing pit used to be that's now covered over and you want to put this on top of it. Moving this to the north or to the south is just not a reasonable thing to do. Pushing it one way or the other is going to be lessening or increasing the variance on one side.

18:47 – 21:531

That is correct. And so it's up, you can take a look on, if you're coming, My Private Drive, which leads, is labeled 277 Corinth Church Road. And it also intersects with Abercrombie Road, which makes a circle. It's for several purposes. School bus makes that loop in Madison County. exits so that they can have a good place to turn around without turning around in a poultry farm. And the other side is a wooded area that's, you know, overgrown that is kind of a barrier between myself and a rental home that Bobby Key owns close by. And there's a wet weather pond there which, you know, difficulties. But nevertheless, the spot is directly in front of our number one chicken house. Okay? And it is a graded area that the thought process has been that's where it would go the whole time. And reason being is because there is a hay field on by me next door, which if we go there, you run into the variance of Abercrombie Circle Road, which negates that. If I go behind the two existing houses, there's an extensive drop off that would not allow you to even get back there without a road of some form to get you back there. This process would require concrete trucks and a truss truck to get back there, and I don't know the expense. I don't think it would be feasible to build that to get back there. On the other hand, the chosen spot is closest to Mr. King, and he has one himself directly across the street from me. And then Mr. Whitworth beside me also has one as well. The area is, the existing houses are basically the same distance from Mr. King's property line as what the compost or stack house would be. So everybody's on board as far as what I am trying to do is just that we need approval in order to get the variance of not 300 feet taken care of. I have two questions. Okay.

21:53 – 22:088

Number one, as you said, Mr. King is in Elwood County? Yes. Does that have any standing as far as the setback rules for Madison County versus this is over here in Elwood County?

22:09 – 22:314

Well, so... Since this tract is in Madison County, we apply Madison County's rules. Elver County would apply their rules to their tract. I don't think it's relieved from it because it's on a county line. I think Elver County would expect us to enforce our rules and we would expect Elver County to enforce their rules.

22:32 – 24:141

Mr. King offered the suggestion when this first came up that we swap properties. And I said, I don't know how you do that. If that's Albert and I'm Madison, then something can be right there. And I'm not willing to stand up in front of no one to try to explain that. But nevertheless, when these two guys visited us, they give me a lot of understanding about what you guys do as far as the difficulties of zoning. And I better understand them. The rules are what they are. But there are situations that can be accommodated in order to make, in my case, my business more effective. And that's all we're looking for. We're not looking for storage. I'm looking for a better option. These guys will tell you, too, that the area that this has been done for so long, the only thing it's good for now is to put a garden there. And because that ground is, you know, you still sink in it. It's just, it's never, will be the same ever again, and you are constantly adding and adding and adding to keep from a hole. And, you know, that is property that I take pride in. It is my business, and we're just looking to more efficiently do what the decomposed All right.

24:148

Any further questions for Mr. Zimmerman?

24:17 – 24:347

Thank you for letting us view your property. If you look on the map, it's hard to understand that there's an enormous drop-off that this doesn't show. And also, you are right in the middle. You're surrounded by other chicken farmers. That's correct.

24:351

There's nothing dire but poultry.

24:407

It helps decompose litter and chickens in a far bigger way than just pushing the content into a wall. I'd like to add one more factor that we've learned.

25:10 – 25:372

poultry house is somewhere in the neighborhood of 135 to 150 feet from the property line as it is, so it doesn't even come close to 300 foot requirements, but they're older chicken houses. The distance from this proposed stack house is 122, so the poultry houses are already within that same distance. Okay? Any more questions?

25:42 – 26:208

All right, thanks, sir. Thank you. All right, we will open the public hearing. Does anyone here want to speak in support of this variance request? Anyone here wants to speak in support? Hearing none, does anyone want to speak in opposition? We won't speak in opposition. Hearing none, I will close the public hearing and I'll bring it back before the board and we will entertain a motion.

26:217

Mr. Chairman, I make a motion to approve this proceeding. I have a motion to approve.

26:268

Second. I'm second. Any further comments from the board? If not, Lee. Yes.

26:37 – 26:548

Yes. Yes. All right. We will present this to the Board of Commissioners with a four to zero vote with our recommendation that this be approved. Again, there will be another public hearing on June the 1st. All right, next.

26:55 – 27:3511

Okay. Cullen and Nicole Bryant are requesting a variance to be allowed to build a poultry house on their property to replace one that was recently destroyed in an ice storm that cannot meet the 300 foot setback requirement from property lines in three places with deficit amounts of 182 feet, 143 feet, and five feet. The property is located at 465 Hilly Road in Danielsville on map 67, parcel 501 in district two.

27:35 – 27:478

All right, Brian's here. Please come forward. Alright, tell us what you want us to know.

27:47 – 28:5810

We, as you said, lost the chicken house in January due to the snow. We had, at that time, only owned it for a few months. The poultry farm was my grandfather's and then it was my dad's and although I didn't need another job because we both hold public jobs, we decided to try our hand on the poultry industry. So when it failed, we learned a lot because this house was built in the 80s. And so it was like a 14,000 square foot home. Most of the time, standards are 20,000. And to build back for Marjack, which is our integer, it would have to be that minimum standard. So we're not even trying to go bigger than what the minimum is that we need for the company. As I said, there's three places where we are approaching at this point um i believe mr terry chandler maybe provided a note on our behalf and the other two you will see that there's already structures that would be approaching as it is okay anything else all right any questions on the board will this

29:068

If this is approved, this house will be the same footprint, only longer?

29:117

Yes, that's true. It can be 50 foot longer than the old house.

29:16 – 29:3510

Unfortunately, it comes off the front end, just because as the fellow before us said, once you start with pits and you're putting carcasses in areas like this, it's not a good area anymore. So if we went off the back end, we would get into that issue. So it has to come off the front.

29:368

Okay. Do you have a question?

29:407

Do you have a stakeout? No.

29:4210

We're new into this. We got a whole load.

29:457

We like one, but one thing at a time, we gotta figure out how to rebuild a cheap house. Yeah.

29:51 – 30:1010

I've really, like, literally been growing for about six months when it happened. And really need that fourth house. It's always, since the 80s, been a four or five house boiler operation. Going down to three is hard. Okay.

30:112

What's on the property just to the northwest? The property line that you're encroaching on, I guess that's Mr. Chandler's property to the northwest?

30:222

What's over there?

30:247

Is it within... What's the... On the property line and the other side of the creek, Mr. Chandler's property is like a swampy area. There's not really anything

30:4110

No resident on that property.

30:458

Is Mr. Chandler the only one that you're approaching upon?

30:4910

I believe, like I said, if you look to the front, the output is the road.

30:5611

Okay, I'll step back, but yes, he's the only affected property owner.

31:00 – 31:438

He's the only affected property owner, right? Other questions? All right. I do. The usual process will be covered here if anyone wants to speak in favor of this variance. Hearing none, does anyone want to speak in opposition to this variance request? Hearing none, I will close the public hearing and I'll bring it back to the board for any discussion and I'll entertain a motion.

31:462

I'll make a motion to approve this request as presented. I'll second.

31:51 – 32:028

I have a motion and a second to approve the discussion. If not, please.

32:05 – 32:278

Yes. Yes. Yes. All right. This board will present to the board of commissioners a recommendation to approve this rezone request. Again, as I stated before, the second public hearing will be held on June the 1st. I do recommend that you attend. Next.

32:29 – 32:5111

Tyler and Amanda Hall are requesting to rezone their 151.68 acres from A2 to A1 to be allowed to build four poultry houses on the property. The property is located at 986 Drake Woods Road in Danielsville on Mount 22, Parkville 9 in District 2.

32:538

All right, Hall? Please come forward.

32:58 – 34:203

My name is Tyler Hall. I'm seeking to rezone this parcel from A2 to A12 built for additional chicken houses future of our family farm. I've got, just because it's hard to see, I did make a copy. You'll see the setbacks. The closest residence to these four houses on the property that touched this is almost 1,500 feet away. So nobody will be, not one person will be able to see these chicken houses. They're surrounded by wood, myself included. So they've made all the setbacks. by the county on the variances. We even took into consideration, you know, could have created more where we're going to put them, trying to be neighborly. We're having them come in off of our current chicken farm and go through where our properties connect as opposed to creating more traffic on Drakewood and coming in, you know, that way as well. So we're making it, you know, to be no more traffic to other roads other than what's currently coming in and out.

34:228

A question for the board members.

34:277

How many houses do you intend on building for?

34:31 – 35:143

So when we first bought our farm in 2019, we bought it with the six houses that are on it. My big thing's cattle, and so we've seen that 150 acres behind us with nobody on it since we've been there. And we've just always said, man, if one day that comes up for sale, we could kind of expand our family farm. That's our goal. For my kids. I want my kids to have a chance in agriculture. We didn't grow up in agriculture. We fell in love with it.

35:147

I want them to have the same opportunity.

35:20 – 36:013

So, that's why we're requesting this. And it was the only way we could afford to purchase that land was to put something to pay for it. We all know what land's going for now. And so, that's what we had to do. Our integrator, Marjack, we went to them and said, hey, can we afford it with just one chicken? They're like, Well, we don't want to give you one chicken house. And then they came back and said, well, we'll give you two. Okay, cool. Go to the bank. The bank says, well, on new boiler houses, we don't want one under four. So here we are. So don't really want the four, personally, because it's my family that runs it. But I'm willing to do the extra work.

36:037

That's okay. Man, it is important.

36:083

I've been saving my environment for 10 years. They ain't done.

36:11 – 36:227

They ain't put more than that. Well, those two were born. I've just become the biggest off the end of it. That's okay.

36:22 – 36:568

That's all right. I've got a question for you. Yes, sir. A1. When we resolve something as A1, you're allowed to put these forward and potentially hold more another time, would you be okay with the condition if it's more required that you only do the four?

36:57 – 37:363

So my only opposition to that is again for my kids' sake. We all know that every day people are dividing up family farms, building houses, People from, you know, the inner cities are coming out here, and rightfully so. I mean, we love it out here. I imagine they would as well. My fear with that is that if they want to do some kind of expansion in the future, they're then fighting my fight that, you know, that I have put on this property. And so now I'm tying their hands for the future. I know it can be voted on later and taken back. But as time continues, we all know it's just going to get that much harder.

37:368

Okay. Any questions?

37:403

No questions?

37:458

All right. Thanks, sir.

37:517

Thank you.

37:528

All right. At this point, we will open the public hearing. Is there anyone who wants to speak for this rezone request?

38:03 – 39:116

In favor of Gary Harvin, 7747 Highway 172, Gomer, Georgia. This gentleman's has bought 152 acres of land, probably about $1.5 million. I think it would be a dumb idea to limit his potential on this property to four houses. I think it's a dumb idea that this property is owned A2 already when it's a 150-acre tract. I think this gentleman's put forth in front of you guys a land use change and a D-zone from A2 to A1. Chicken houses are just a byproduct of how to pay for the rent. Don't see any setback issues. I don't know what more you guys can ask for out here. I don't know if this is a recurring thing that we keep going through out here, and I'll be honest with you, I'm getting sick of it. So more power to people that want to go put their time and their effort on the line and go sign up for a loan. I don't want to go sign up and build four chicken houses and operate them, I can tell you that, with more power to those that want to, and I'll preserve this land, guys. Told you many times what's coming next. If we don't do something with these large tracts, I'll be up here sub-divising them eventually.

39:138

All right. Thank you, Mr. Carver. Anyone else want to speak in favor of this result request? Anyone want to speak in favor?

39:29 – 40:427

Good evening. My name is Victor Boucher. Victor, this is in favor of. Yeah. Okay. I'm 45-06 Hudson River Church Road. I organized a community meeting in favor of Mr. Hall's request. I'm not in favor of pulpy houses, but it sounds really weird to me that I'm in favor of this rezoning request because I live on the property. but it would ask the Planning and Zoning Committee to put a number of conditions to it. We can suggest to limit the number of chicken houses to four. You need to setbacks. I looked at Google Earth and it's in a wooded area. If you can keep the vegetation, that reduces the smell. Basically, I would give, with the conditions, the strength to the residents in the area to control a little bit what's going to be built in the near future. Thank you. All right.

40:438

Thank you, sir. Anyone else want to speak? David Pearson, my wife Lisa.

40:5315

We are in favor of changing it to A1 with some conditions just like Victor said.

40:589

So I'm just kind of reiterating the same thing that Victor said.

41:028

All right, thank you sir. Anyone else?

41:10 – 41:466

Brett Pinson, my wife Michelle's here. Like the last two, be in favor for limiting it to the four chicken houses. We have a property that is adjacent to a land that's been cleared that's owned by another entity probably an eighth mile down from their farm. We've got about 600 yards of frontage on it, and so we're very concerned what's gonna happen with that piece of property. So with that, we don't wanna get a snowball effect here. So I can appreciate what he's trying to do, and I'll back him on the forward.

41:46 – 42:038

All right, thank you, sir. Anyone else? Hearing none, is there anyone here that wants to speak in opposition to this reasonable request?

42:08 – 45:239

Let's see. I think we're in between here. My name's Dale Barong, and I live just a couple hundred yards from this. And I own 225 acres. And I've got several million dollars invested in that property as well. And four chicken houses, an additional four chicken houses, I would agree with. But continued additional chicken houses. We had to fight another location, 160 acres, not too far from there, four chicken houses and then eight and growing up to 20 chicken houses and I would fight that. I have deep concerns about it continuing. I've got millions of dollars invested in the property and do not want continued growth of chicken houses in that area. We've got a lot of people that are growing, want smaller farms. There's a reason why it's sown day two not a one I don't mind small amounts of chicken houses but growing to larger amounts I do have a problem with and would plan to fight yet so what I would like is to either restrictions of the property to limit it to the four chicken houses like he originally proposed and with where it could not be divided. I know one of the tactics is to have it where four chicken houses and then a little while later is divide the property and add four more and four more and four more. So there are places in the county like the earlier where there were large concentrations of it. But we have some very nice homes I keep fighting with the county over multi-million dollar residential homes right within just a few hundred yards of this. I've got to worry about my property values as well and what my family wants to do with my property of 225 acres there. And 20 chicken houses next to my property would definitely devalue my property as well. I'll speak according to that. He asked for four chicken houses. I'm willing to support that with the restrictions of four chicken houses, and that's it. If down the road he wants four more, then let him come up and ask for a variance of that. But having it open, I do not open so that all he has to do is add chicken houses. I have a problem with that, and we'll fight that. All right, thank you, sir.

45:24 – 45:508

Does anyone else want to speak in opposition? Anyone else want to speak in opposition? Hearing none, I will close the public hearing and bring it back to the board for discussion. Can I say one more thing? Yes, you can. You have the right to rebuttal. Yes, sir.

45:51 – 46:483

So with, I don't want to point anything out, if you go by Google Earth, seems to be pretty accurate and a lot of people use them, the closest person who was against me today, their properties might be close, but from where those chicken houses are to their house is one mile, not hundreds of yards. I've got them right here, I can show you to them, I printed them out. From where those chicken houses are to the closest place is one mile. So we would take that into consideration. And it has come out that they're not worried about my property. They're worried about sitting in precedence and having to fight somebody down the road. So I'm just having to be, you know, the person that we want to put down right now so they don't have to fight that fight in their backyard a mile down the road. That's what this is truly about. All right.

46:48 – 47:108

Thank you. All right, again, I will, no sir, it's over. I will close the public hearing, and I will bring back before the board for your discussion, and then we will .

47:11 – 47:392

I view this as, poultry is a permitted use, not a conditional use, it's a permitted use on an A1 farm. This is a family operation, not a commercial operation. I have reservations about setting limitations on the family operation. So I would support this.

47:41 – 48:008

Any other comments? Results. Results. If they worry about him to buy his property up, just go and save the one that's only 225 acres and buy that property up later on down the road too.

48:002

So that can get this and that and others.

48:036

So we don't need to look what's down there in the future.

48:068

We've got to look what's right here in the present right now. So with that said, if nobody else has a motion to approve this, that's what's in it.

48:167

Okay, just before your motion, do you have any comments? No, yeah, I'm all for it.

48:20 – 48:4016

I mean, this is private property rights. And I don't always have to agree, but I'm trying to be consistent in everything I do before this board. And I don't, this isn't for personal gain on any of them that I'm here. And so I support this permitted use in the day one.

48:42 – 49:118

Okay, I'll make my comments at that point. This amount of acreage belongs in A1. Belongs in A1. I can't determine from that point about the poultry housing. What I'm looking at is, is there an appropriate rezone from A2 to A1?

49:137

And I would ask the board to take that into consideration.

49:198

At this point, I will entertain a motion.

49:2111

We've got a motion on the table from Kenneth.

49:23 – 49:388

I'd like a motion to approve this. A motion by Kenneth. I'll second. We have a second. Any further comments? If not, I believe it's on you.

49:42 – 50:028

All right, this has been approved from this board. Again, we are a recommending board only. We will present to the board of commissioners on June the 1st. Let this be approved. The commissioners have the final say. All right, moving on.

50:03 – 50:2811

Number six, Gerald Hunt is requesting a refund of his 18.8 acres from A1 to A2 to allow a second home to be placed on the property as an accessory dwelling unit. The property is located at 3187 Seniors Creek Church Road in Comer, on Mount 94, parcel 44 in District 4.

50:288

All right, so, uh-huh.

50:317

So, what did you say?

50:41 – 51:3115

My name is Gerald Hunt. This property is A1 and it's under my impression that I have to have rezoned to have a building permit. The reason I want to do that is because the house that's on there is not big enough for my family. renovation there, but found out it was gonna be too expensive compared to buying a new house, building a new house, so they told me I couldn't get a building permit until I had it rezoned to A2, so that's what my request is, is not to divide up the sale, it's just to have my family to stay on the land that's been in my family for maybe the third generation, so fourth generation.

51:331

Just keep it in the family.

51:39 – 52:3715

Are you, the present house is there, are you going to leave it there and have two houses, or are you going to... Yeah, that's kind of the reason, and I wanted to build on to that house because I have a large family, and so it was not financially feasible to do a structural redo of a 1,400 square foot house, so it's going to be better financially for me to build another house in That existing house, I started the renovation and now it doesn't have any heat, doesn't have any running water or bathrooms. I took all that out to do the renovation, but I don't want to tear the house down in the future. I would like to have the house remodeled kind of as is without building onto it for maybe one of my children to live in there is the goal. I don't know if that's financially possible now, but in the future, I would like for it to be family property as is my goal, yeah. Okay.

52:39 – 53:148

Questions? Move over. All right. Thanks, sir. All right, we'll open the public hearing, and anyone who will speak in favor? Anyone who will speak in favor of this reasonable request? If none, anyone will speak in opposition? Anyone want to speak in opposition? Hearing none, we'll close the public hearing and bring it back before the board. Is there any discussion or any time of motion?

53:163

I'll make a motion to approve the present.

53:198

I'll second. A motion and a second to approve as presented. Yes.

53:287

Yes. Yes.

53:31 – 53:588

All right. Mr. Hawks? We will present to the Board of Commissioners to approve. Again, you don't have to be here, but for June the 1st, that will be a second public hearing. And I do suggest that you come before the Board of Commissioners and state your case. All right, next.

53:58 – 57:1411

Okay, so agenda item seven, eight, nine, 10, and 11, will be taken up as one vote. And I'll just read through all five of these. Stephanie Wilson, applicant for Madison County Industrial Development and Building Authority is requesting to rezone their 64.79 acres from A1 to industrial to combine with adjoining properties tax map 46 parcel. 206-01, 206-02, 206-03, and 206-04 for an industrial park to allow for a mixture of business and industrial type uses for retail purposes. Property is located at 0 Highway 72 West in Colbert on Mount 46, Parple 206 in District 5. The next is she is requesting to rezone their 1.88 acre tract from business to industrial to combine with adjoining properties, and that again is on Mount 46 parcels 206, 206-02, 206-03, and 206-04 for an industrial part to allow for a mixture of business and industrial types uses for resale purposes. This property is located at 0 Highway 72 West in Calvert on Mt. 46, parcel 206-01 in District 5. The third is to rezone another 1.88 acre parcel from business to industrial to combine with those said parcels. for an industrial park to allow for a mixture of business and industrial type uses for resale purposes. The property is located at 0 Highway 72 West in Comfort on Mount 46, Park Road 206-02 in District 5. The fourth is they're requesting to re-own a 1.78 acre tract from business to industrial combined with those four other parcels for an industrial apart to allow for a mixture of business and industrial type uses for rental purposes. This property is located at 0 Highway 72 West in Culver on Mount 46, parcel 206-03 in District 5. And the last is they're wanting to re-own their 1.79 acre parcel from business to industrial to combine with four other adjoining properties for an industrial park to allow for a mixture of business and industrial site uses for resale purposes. This property is located at 0 Highway 72S in Cobbock on Mount 46, parcel 206-04 in District 5.

57:158

All right, thank you Ms. Percy.

57:1711

Stephanie?

57:24 – 57:5512

So everything that Ms. Patrick said, we're just requesting to resume this and to combine so we can cut out sections as people that are interested want to come in. The Industrial Development Authority is tasked with bringing appropriate business and industry and trade into the county. So we purchased this land with the intent of that. And that is within the county comprehensive plan as a designated area for that type of development.

57:57 – 58:098

Okay, any questions for Ms. Wilson? I have one. This land is owned by ?

58:1012

Industrial Development and Building Authority.

58:148

Which is governed by the county commissioner?

58:18 – 58:3212

Well, yes. They have their own board. The county cannot own land, and correct me if I'm wrong, the county cannot own land to resell. So that's where the IDBA is able to purchase the land to resell and to bring in the appropriate business.

58:388

Okay. I guess I'm a little bit confused with that. It might be the mic is spreading out.

58:44 – 59:154

Yeah, that's correct. I mean, the purpose The purpose of the industrial authority, as most industrial authorities, is to generate economic growth and provide important opportunities. So the county itself is very restricted on selling property. You don't do it in certain ways. Authorities, by design, do not have those restrictions so that they can peek and choose, for lack of a better term, who they sell to to achieve those

59:208

Does the county have to, does the Board of Commissioners have to approve the sale?

59:25 – 59:454

No. No, the Board of Commissioners' only authority over the Industrial Authority is that the Board of Commissioners appoints the members of the Industrial Authority's board at will and can remove them at will. They don't direct the vote on their business. Right.

59:468

Any further questions? Anybody else have any questions?

59:517

Okay, anyone else?

59:594

You're mainly surrounded by business areas.

1:00:05 – 1:00:187

You get very close to residential. Have you been able to contact some of those residents to maybe talk to them about the type of industrial park you wanted to create?

1:00:19 – 1:00:3112

No, sir. So from my understanding, a letter was sent out and it had our contact information on it. So if they had any concerns, Tracy actually added in my direct number so they could contact me directly.

1:00:357

All right. Any further questions at this point? Did you receive any?

1:00:4012

I received one phone call. The first, I wouldn't say that they were against it. They just lacked understanding. It was about a 30-minute conversation. that I think went very well.

1:00:53 – 1:01:117

I think that you're probably right that a lot of people give misinformation and they hear it from a neighbor who probably understood it. So I think it would be wise for everyone to hear it directly and give them that opportunity.

1:01:138

All right, any further questions or comments? Thank you. Alright, we will open the public hearing.

1:01:246

Is there anyone here that wants to speak in favor of this result of the request? I love talking to you guys.

1:01:328

Gary Hartman.

1:01:326

Yeah, we love hearing from you.

1:01:355

History of this property, it's been going to be for like 35 years. At any point in time, anybody can pull up out here and set business up.

1:01:43 – 1:02:116

We all know the history of the Industrial Development Building Authority, DBA in this county, and we are thankful that the water component has been taken from them, and we are actually looking at buying industrial property and getting tenant-style spaces out here. I will say, Mr. Benson, on this area over here, this is the residential area over here, stream buffers back here, a lot of environmental hazards, so I think that any of your development is going to be a pretty good buffer setback.

1:02:125

We work in 159 counties in Georgia. Just about every county has an IDBA, and our main business is this, to bring people in.

1:02:196

And we need to get this thing going, and we need to get some people in here to get us some relief as taxpayers.

1:02:2516

I have something with Gary there on that, right? So you identify definitely that this has been a business zoning before, right?

1:02:326

It's been zone B, I think, since like the mid-'90s, maybe?

1:02:3511

Except the large 64-acre track in Paymore. Okay. Yeah, the front is going to be up front.

1:02:4316

Okay. And then what would be the difference since you work in 159 counties between an industrial classification and a business classification?

1:02:526

Well, in most counties that have accurate zoning code, that would be an easy one to figure out because you have light industry and heavy industry, and we could have a blended zoning in this part. I'm willing to help you work on that if you'd like to get that figured out.

1:03:0316

Sir, that's the reason I wanted you to speak so eloquently.

1:03:057

Thank you very much.

1:03:088

Is there anyone else that wants to speak in

1:03:10 – 1:04:557

I'd like to just say something. I'm the newest member of the IDBA. My name is Russ Nix, and I joined up in the county for 30 years. And I moved here my senior year of high school in Wimbledon County, over here in Madison County. I raised my kid here. He's graduating this year. And I live in Calvert, McCarty, Diner Road, in the shadow of GR. And I have shared concerns of what that means and one of the reasons I took this role is to try to make decisions and ask the right questions for the better of the county. And to bring in revenue, bring in jobs. I was in Calvert this morning with my kid doing the graduation thing and all these kids that are, get up there and explain what they're gonna do when they leave high school. And a lot of them were saying they're going straight into the workforce. And I want to hear them say they're gonna do it here. I think right now we're being presented with a really unique opportunity where the IDBA has some land and we can build businesses and keep some of that workforce here. I can tell you that our intent and our spirit is changing. I don't think that it's an elephant in the room that anybody don't want to address that there has been a loss of trust in the authority and we're trying to get that back. And I just wanted to introduce myself and say that I do support this move and I can tell you that sitting in the room with the people that are there now, our intent is to do what we can to balance bringing that revenue and that business into the county, but doing it for the best of the county and the best way possible. Okay, thanks, sir.

1:04:55 – 1:05:118

Anyone else want to speak in favor of it? Anyone else want to speak in favor? Hearing none, is there anyone who wants to speak in opposition to This reads on request. Please come forward.

1:05:13 – 1:06:217

I'm here speaking for the owner of 7838. She's ill right now. She's worried more about traffic and the water runoff that this is going to create. People are already trespassing on her property and we just got rid of the trailer park a few years ago that was down the road for that same reason. And that stopped, and now it's all starting again with the home builder. When they bring homes in to where the old trailer park is, there's almost an accident every time we turn in. Every time we try to get in or out of our driveway, we get, we're almost rear-ended pulling in because no one will slow down. There's no turn-off. And this is the only thing we're worried about. Michael Shoemaker, I'm sorry. I'm here for Gil Neeson. Anyone else want to speak in opposition? Danielle Lyle, 3-1 and that's a drop. I appreciate

1:06:39 – 1:11:3414

that were said previously I believe that we as a whole in this area do want to see growth in the community I feel industrial zoning for this location is strong reviewing that and also looking at business that would give us a the same amount of opportunities, it would just be less invasive, less size-wise. Looking at some of these buildings in these parcels, 19,000 square foot plus a 7,000 square foot on one parcel at a little over three acres, that's it. And we're looking at 21, lot in here with this there are several I don't have to tell you what the zoning's are but there are a lot of things that are accrued for industrial that would not be as conducive let's look at Other areas that are industrial parks, this one is a one-way in, one-way out, which we understand that that's what that's going to be. It's going to bring trucks, deliveries, all the way back, even though there is the buffer to the residential property. Some of these uses bring the noise. Bring the sound, bring the smells. There again, with that said, an opportunity for a more business zoning, just seems like it would be used for both, because it says in the application that they kind of go hand in hand the two the two zoning while they're just roseville just a little bit more um at this time the board the authority they don't know who's going to come in and purchase these lots um how do we find out you know without moving forward we're not going to find out without moving forward of possible because it is possible unclear due to not knowing who will purchase the individual lot um while they feel that the industrial zone would allow for more business opportunity let's just look at the amount the effect the traffic that's going to be dumped out on to highway 72 the median which, of course, Mimosa Drive has a straight out onto 72, and then upwards west, there is a U-turn. We need to look at that sort of traffic. I agree with what was said earlier about runoff. That curb cuts and that sort of thing will help with that, but we all know that still comes. So who's going to come out and clean that up? Who's going to regulate that? Let's see, that's just on the back side of the 64.79 acres to the industrial. Let's consider the other ones, the parcels that front Highway 72, legal business. Let's come to some kind of compromise so we can have those things and still have that happen for the community to bring the growth. The letter that was sent out to residents, to property owners, while it's a good jumping off point, not everyone knows where to go to get all of this information. Working in government sector, I deal with it on a daily basis. That's one thing I would suggest is public input.

1:11:358

That's what we're doing here tonight.

1:11:38 – 1:12:1814

A separate public input like MACOR has, like comprehensive planning has, to call, would they come out? Would the community come out to have an understanding and talk with the board, board members, or with Stephanie? I understand and I appreciate Stephanie being available to the residents to the community, but there would be an opportunity to have more of a public input beyond getting to this point.

1:12:188

Well, ma'am, I don't want to have a debate here, but this is what this is for.

1:12:2714

Exactly.

1:12:27 – 1:12:438

There will be a second one on June 1st. What you're asking for is happening. We're not in the position to call the whole county and just show up. They get the information. It's put in the paper.

1:12:4314

Right, right.

1:12:448

Adjacent property owners are spent.

1:12:488

It is up to the public themselves to bring themselves.

1:12:5314

Yeah, that's why I'm here. I understand. And we appreciate that. I appreciate y'all.

1:12:588

But to say that to go beyond this, we can't do that.

1:13:05 – 1:13:2714

understandable in this board size and i will um i will follow that um like i said let's if if there could be some consideration to a lighter zoning that's that's what i'm asking understand okay thank you very much anyone else want to speak in opposition

1:13:38 – 1:15:0213

My name is Denise Bixler. I own 232 Mimosa Drive and 260 Mimosa Drive. I'm in opposition just because of the fact of the traffic. Most of the fact of the traffic. I would like to have this in my letter that I received on my property to show what you're planning for because everybody in our neighborhood is talking and we're trying to figure out what are we doing as far as trying to rezone it. What is the plan for rezoning it across the street? We already deal with the heavy traffic with 72. This is going to add more trucks. This is going to add a lot more traffic. We already have problems with accidents in the area. We've just gotten that fixed a couple of streets over where we don't have any more left-hand turns. Now we're still going to have this problem because you're going to start adding hundreds of more cars, and you're also going to start adding more trucks, 18-wheelers, delivery trucks. It is a nice residential area that we have liked. We have lived there for a long time. We've owned our house for over 30 years. Like I said, we have the property next door. We've owned it for over 10. There was a reason that we moved there, was to try to be in the residential area, to try to stay out of so much commercial area. I guess that's basically all I have to say.

1:15:027

All right.

1:15:02 – 1:15:288

Thank you, ma'am. Anyone else? Want to speak in opposition? No one else want to speak in opposition? With that, I will close the public hearing. I'll bring it back to the board and entertain a motion and listen to any comments you may have. And do you have a rebuttal before we do that?

1:15:29 – 1:16:0212

I just want to add one other thing. The plan for the front of this area is for it to be some type of commercial retail shop type area. And in the back, if we had a light industrial, that's what we would request to rezone it as, but we unfortunately don't have that. But ultimately, the IDBA board would have the say so as to what does or does not come there. So if it's a business that we don't feel like aligns with our community values, we would not allow that. Thank you.

1:16:02 – 1:17:242

Okay, now, so 12 here and right by 4 forward. That leads into exactly where I'm going with this. We talked very early on about the uses that the IDBA would want in this particular development. And I kind of got the impression in our business meeting that the things that we generally discuss and recommend to the Board of Commissioners with the conditions, setbacks, uses, things like that. I'm under the impression that the IDVA would be charged with establishing appropriate uses versus those things that would not be appropriate for this. So I guess I'm a little confused This is a government agency as opposed to a private development. Therefore, there's been handled a little bit different. So I guess I'm just asking, what is our charge? What is the IDBA's charge? Because if they're gonna set up the uses, then we don't need to be discussing that.

1:17:24 – 1:18:484

Okay. You want me to weigh in on that? Yeah, well, and I can just say what I think I've told everybody all here and there already. Let me first say, I probably got out over my skis too far at your business meeting talking about this, because I was making some assumptions. There's been some more communication than there has been, apparently, so I apologize for that. So as far as controlling uses, obviously they control it as to the first buyer because they'll choose themselves to achieve those economic purposes. Controlling its use thereafter, either that buyer changing the use or then that buyer selling it to somebody else who changes the use. That gets more problematic. You could do that through zoning conditions or zoning districts for that matter. At the government level, Or it could be done with covenants at the IDDA level. Or it could be both. And I guess that's where I got out a little too far ahead of myself. I don't know that there's been a lot of discussion about which way or how that's gonna happen. It's all there.

1:18:48 – 1:20:162

My personal opinion is I would I would like for the IDBA, this is their project, their development, that you all need to take care of all of this. If you need our stamp of approval, if you want our vote, that's fine. We all view that this is an industrial corridor, and industry is appropriate. Where do you draw the line between what's an appropriate use, according to what you all are warning in there, and what's not? That's why I asked the question. If we zoned it industrial, I went and looked at the uses under industrial, and it covers everything in business, and it also covers things that are, I guess, light industrial up front, but they fall over into conditional use if they're really heavy industrial. That's kind of where I felt like, draw the line, and why I asked the question, if a conditional use were to come up, someone wanted to do that in there, is that for you all to approve or would it need to come back to us? But I thought that might be a good dividing line to separate heavy versus light industrial. So I just wonder what our charge is versus what's the IDBA's charge and what we need to leave alone.

1:20:168

Of course, for my, yes, sir.

1:20:197

And I asked you just last night privately.

1:20:22 – 1:21:238

Yes, sir. But this is presently zone B and A1, if I'm correct, okay? But this board here recommends to do this. Can we put conditions on it? Now, I know that it's not written that there's light industrial or heavy industrial. But if we decide to put a condition on it that it has to be light industrial, because I personally wouldn't want to see another GRP set up in that particular location. But an appropriate thing would be like some of the businesses that we have in the industrial park here on 98th. Can this board recommend to the board of commissioners that if we put conditions on it, can we do that?

1:21:24 – 1:22:244

Yes, sir. You can. And if I could follow up on that. So we discussed this last night, too. If the condition were light industrial, that's too big. It's got to have some definition around it. So I looked at the proposed UDC. It's not passed yet, so it's not part of zoning. But just to look for a definition for that condition. And the proposed UDC doesn't actually have a definition, but it says the light industrial district. and service commercial developments of low to mid-scale intensity. Industrial activities in the light industrial district should be operated so that noise, odor, dust, and glare of such operations are primarily confined within enclosed buildings. And I'm sure there's a million other definitions of light industrial, that's just, just what it's all about. Yeah, but you could retrofit that as a condition.

1:22:25 – 1:22:568

Okay, any other comments from the board? As your chairperson, I don't have a vote, but I would recommend that if we do consider this, that we do put some conditions on it that I think would satisfy a lot of folks, because nobody wants a huge industrial facility on that people at least I know, on that piece of property.

1:22:56 – 1:23:112

So close open first. discussion with them. I want to know, Stephanie, if we worded it that way, what Mike just read as a condition of this, would that be suitable to the IDDA or not?

1:23:11 – 1:23:3912

So we have worked a little bit on some of the land use and permitted use of conditional uses and then also prohibited uses that the IDDA board would kind of go with. We haven't discussed it publicly in a meeting yet. So I don't want to share on behalf of the board all of this, but I do think what Mike suggested would align with some suggestions that I've had from the ICA board.

1:23:424

So it sounds like this could end up in a situation where it's both, both a condition on zoning and then maybe some more detailed guidance through Covance.

1:23:548

Any other comments or questions?

1:23:58 – 1:25:2416

I guess the only comments I got, I mean, it's redundant to say, but I mean, we expect some of these type rubs as we do our initial work here. This is how we perfect the process, and that's as the public is, thank y'all for being here to share your thoughts and concerns. This isn't a divide between the two. We serve at your pleasure, and we're trying to figure these type things out. We wish there was this cookie cutter rubber stamp, magic pixie dust, that we could just throw into the air and everything just works out, but sin is real and it has consequences and that's what we're trying to figure out here is how do we make this where it can be a cohesive um i thank you for your word sir in your service of volunteering or i don't know how what it is you're compensated for your role there but i'll say as a citizen that board has some lack of trust and i'm i'm here because i showed up at a board of commissioners meeting and they're like hey that's been you're for four years. You want to do it? And I'm like, what do I do? You're like, you show up, we'll pay you $75. And here I sit. So I thank you for volunteering. I'm learning. I got a tiger by the tail. And the key is to have open and honest dialogue. And Gary, I hope somebody will take you up on your expertise over 159 counties. I know we've joust with each other a little bit on these type things, but we've got to bring this forward. to protect what all of us want here.

1:25:256

I think that's the reason I said for Mike's condition to be a preferred condition to the actual language from the new UDC to try and force the commissioner to actually take action, sir.

1:25:33 – 1:25:468

But anyway, okay. Any other comments from the board? At this point, I will entertain a motion to approve, to deny, or approve with permission.

1:25:49 – 1:26:244

i would make a motion that we approve with the condition i'm not sure how to word it but it's basically verbatim what might win it out of the i don't know how we need to go about that yeah uh we could just say um uh approved with a condition uh that is restricted to light industrial as described in the proposed gdc and then I can get, if that's the vote of this board, I'll get that tightened up before the OC meeting.

1:26:258

All right. I have a motion. I have a second. I have a second. We do have a second. Any further comments?

1:26:316

Is this all? All five or six?

1:26:34 – 1:26:458

All of them? Yes. Yes, sir. All right. We have a motion and a second. Any further comments? Yes. Yes.

1:26:46 – 1:27:008

Yes. All right, we will present this to Board of Commissioners on June the 1st. And I will try my best to explain.

1:27:00 – 1:27:334

If I don't get that to you ASAP, call me. What's that? Yeah, for this one I would just say a condition that is restricted to light industrial as described in the proposed UDC, and I'll actually give you the section, it's 2.1.5 capital P. All right, that good with y'all?

1:27:357

You wanna do that?

1:27:378

All right, number 12.

1:27:387

Yeah, I know.

1:27:49 – 1:28:2511

Okay, Gary Harvin, applicant for Kevin Gordon, is requesting a variance to allow proposed lot one containing 6.355 acres to remain in its original configuration that does not meet the length to width ratio that requires a lot's length can be no greater than four times its width The property is located at 2870 Crabapple Hollow Road in Nicholson on Mount 17, parcel 9E in District 1.

1:28:27 – 1:28:446

Gary? We brought this before you guys and the board of commissioners approved it. We had a length of width issue on the 150 foot frontage and maxed out to 600 on lot 1 and that's why we're here before you to answer any questions.

1:28:444

Questions? Just to remind myself, I think the Board of Commissioners granted that rezoned conditional on this variance coming behind me, right?

1:28:59 – 1:29:122

Question? I was looking at the red wording. It was preferred that the owner of that

1:29:14 – 1:29:416

lot to the right right there also uh yeah i think mr chandler wanted this if the same person bought this lot in this lot for them to be combined to clean up this island that's in the middle which i think we were fine with if that ever occurred okay further questions comments thank you all right we will open the public hearing anyone speak in favor of this variance

1:29:45 – 1:29:588

Hearing none, anyone speak in opposition to this barrier?

1:29:58 – 1:31:135

Good evening, ladies and gentlemen. I'm Kyle Coleman. My family and I have 2962, 2966, and 2970, which would be the shared property line for discussion. Can you show us on this one please where we can see? So it would be, additionally it would be this 12 acre track here. It would be this four acre track here. Also land here and land here. And this back piece. So it's It's basically affecting us all the way down our property line here. And I guess we have some concerns about it. And I don't know if there's a proposed plan or idea of what he intends to do or if he wants to leave things the way it is. So I'm kind of curious on what his plan of action is since he's pushing for this variance.

1:31:15 – 1:31:520

I'm Jessica Coleman, I'm Kyle's wife. My family has owned this property to the left, about 43 acres for the last 40 years. Recently there's been a lot of development that's taken place off of this, our road, probably Mahala Road here. This land beside us was farmland for my entire life until Mr. Gordon purchased, built his home. One of our real issues is there's a huge shop that's in this location right here. as well as another building that was built by here. This shop is being ran as a business. We have a lot of problems with dumpage all the way down. Our property line, Kyle took a lot of photos.

1:31:525

Actually, this morning, I found trash piles all the way to the front of the property.

1:32:00 – 1:33:080

We have clippings from his landscaping business, tires. So our concerns are with this variance being created for an additional property to be built, that we'd be in a situation where we're concerned about more noise because of the traffic that's up and down this driveway that's running literally parallel to our property. We're concerned of noise more, like I said, employees. We're concerned of building construction. The height that's already on this shop is extremely, we believe it's too high. It's impacting the sun that reflects on our acreage, which is full of pine trees that my father's been growing for 40 years. that we intended to use for retirement in the future. We have several that are dead now. My mother's property is directly across. She's one of the properties that borders this. She's daily hearing noise and also a lot of smells that are happening. We're just concerned with more construction that this is going to continue. This problem is going to continue to grow and be a bigger problem for us. And we're not able to peacefully use this property as we had always intended to. We're planning on building our house

1:33:08 – 1:35:275

the 12 acres next door so we're now even more concerned because this is going to impact where we build our home if there's a variance granted with his property being right beside where we intended to build also um noise is a big concern 6 30 this morning it started multiple people coming down the driveway i counted i think five vehicles i think i have pictures uh that's five in that's five getting into company trucks leaving for the job, they come back at whatever time. So that's 5, 10, 15, by the end of the day there's 24 to 30 vehicles up and down this driveway. Prior construction. The building itself is 5,000 square feet. I mean it's bigger than Madison County Hardware. I legitimately believe that he's running it as a business and looking at it, I think it's for was proposed for personal use. I was curious about this, basically the setback of this new building in this corner, because it almost, I would say it's within a couple feet of this pen. It's not encroaching on the pen, that's my next step. Yes, and I'm not sure what the setback is for this situation. guess another concern that might not be as relevant right now is the creek since he has started building in 2020 when he broke ground um numerous things creek we hardly have any water um we're getting sewage smells so i don't know if he's got a septic tank on this building or what the runoff Leachville and those two streams that ponds go to our Creek it runs that direction so yes we're downstream of both of these ponds let's say the traffic the noise we have foam in the creek we're worried about toxic areas coming from that building also which is another concern about building this structure home

1:35:28 – 1:35:570

don't understand how that i'm in real estate so i can't quite grasp where a septic tank is going to go and versus to where his current home is and this building and the water doesn't make a lot of sense of where that's even going to be possible safely he originally told us and we thought that it was courteous in a way um that he was going to build a 2 000 square foot house for him and his wife that was in 2020

1:35:585

It's 2026, and he is still building, making noise, construction.

1:36:040

And cutting the entire trunk up, which I know that's already kind of been approved, but this is a bigger problem because now it's approaching our property with, like you said, a constant.

1:36:13 – 1:36:505

If I'm not mistaken, a variance like this, to me it's kind of senseless because he has created this problem himself. Assuming it would be granted. Basically put himself in a corner to where the length and width not right and he just wants to be accommodated and it shouldn't be on our down because our taxes have been affected hugely since 2020 um all right that's it all right thank you very much anyone else in opposition one question

1:36:5811

The only thing I was going to say is your name. Oh, Norlyn Chambers. My land touches that name.

1:37:05 – 1:37:2411

And just today, when Kyle walked down the property line, he took a lot of pictures of trash where his workers have thrown it. It's on our property. So that was another reason. I felt like I didn't want him to be able to have something closer to my property when they're already throwing trash on it.

1:37:248

Okay. Okay? Y'all want to take pictures? All right. Well, ma'am, we don't really have anything to do with the trash.

1:37:3010

No, I'm just saying.

1:37:3111

That's just one of the reasons.

1:37:325

I'm just saying. There's been a lack of respect there since day one, it seems. I don't understand. Rebo?

1:37:404

Yes, sir.

1:37:42 – 1:38:196

Well, I respect all of their concerns, and they're definitely valid concerns. I'm here for variance for the lot width ratio for an irregular-shaped parcel that has been served with an acre and a half cut out in the middle and a two-acre parcel cut out I'm sure code enforcement would love to help these folks with their issues, and I'm sure that an attorney would help them with a civil case is where it sounds like they need to get. I'm not here for a 20-foot strip of frontage. I'm here at 150 foot, which is the county rate. I don't want to debate code on 150 times four being a 600-foot max depth lot, but we can go there if you'd like, but that would be wonderful.

1:38:23 – 1:38:358

All right. Those in favor here, can bring it back to the board for discussion. We'll entertain a motion.

1:38:35 – 1:38:552

I agree, we're here to deal with the length-width ratio of the shape of the property. The other situations with setbacks, trash, unlawful usage of the property, it being a business, whatever, sounds like that's something Mr. Pritchett needs to maybe check into.

1:38:56 – 1:39:484

I was just going to observe. So the property, I don't know, it sounds like perhaps there were some grandfathered businesses, use of some grandfathered nonconforming uses. But the property's been rezoned already to AR contingent on this variance. So once that, if and when that rezone becomes effective, I believe the grandfathering status is lost and only AR uses would be permitted from that point forward, or whatever that's worth. If there is any grandfathering status, I don't know if there is. I'm just listening and speculating.

1:39:502

But those things that are mentioned, would it be appropriate, I mean is it appropriate, do they need to contact an issue aid complaint? It's not for us to know where it is to, Mr. Pritchett. Correct.

1:40:007

But you would have to go to the complaint.

1:40:08 – 1:41:408

Okay. Sir, it's closed now. Okay. Our job is to determine whether we can let this be or allow this variance. So at that point, at this point, I will entertain a motion from the board to approve, deny, approve with conditions and all other conditions that can be followed. So the floor is now open. Everybody speak at one time. I'll make a motion to approve the variance. Have a motion to approve. And I'll second. Have a second. Any questions or comments? Not? Lee? Yes. Yes. Yes. Yes. All right. We have approval from this board. We will present it to the board of commissioners on June 1st. You don't have to be there. But I suggest you do. Thank you. All right, anything else come before this board's address? All right, I'm gonna take a motion to go home. We are adjourned.

1:41:567

Thank you.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.