Planning & Zoning - Regular Meeting

Good evening everyone. Welcome to the February 2026 planning and zoning commission and board of adjustment for Bryan County. The first um item on the agenda will be chairman's opening remarks. But in light of having a very small crowd tonight, um we'll move on to item number two, which will be approval of minutes for our January 20th, 2026 meet uh minutes or meeting, excuse me. Has everyone had a chance to look over those minutes? Yes. Are there any questions, comments, concerns, or edits? No. No. With that, um, I'll take a motion, please, for approval of those January 20th, 2026 meeting minutes. I make a motion approval of minutes.

A second. All in favor? Okay. Minutes are so passed. Item number three on the agenda will um b uh board of adjustment public hearing. May I have a motion please to open public hearing? Make a motion to open public hearing. Second. All in favor? I. We're in public hearing. Good evening Sarah.

Good evening. Um this first item and only item for the board of adjustment um is for a variance for a rear setback for property located at 206 Bluff View Drive in the Kinsale Bluff neighborhood. Uh the property is approximately 1.48 48 acres um and is zoned R15 single family residential and currently has a single family residence on it. Um they are requesting the setback reduction um from 100 ft to 49 ft at the closest point in order to construct a pool in the rear of the property. Um and here's their concept plan. The property um does have larger front and rear setbacks than are required under this zoning district. Um, as on the recorded plat, they have a front setback of 45 feet and the rear setback of 100 feet, which is what they're requesting that reduction for. Um, and it is also identified as a buffer on that plat. Um, the existing home does encroach into this setback and buffer area, which results in this proposed pool being entirely located within that area. Um, and staff did identify these conditions as creating a hardship.

Um, and you can see some images here of the rear of the property. Um, this is a unique hardship to the property. Um pools are not permitted in the front of a primary residence. Um so this existing location would really limit placement of any type of pool on the property. Um they do also have septic um on the sides of the property that further limits the placement of the pool. Other residences with similar lot conditions have homes that are farther forward on the lot. So they are able to place those pools behind their homes and generally meet those setbacks. Um they also did not create this situation as they did not construct the home. um and it is otherwise consistent with the UDO UDO is located near the home. So it reduces that variance um and will still maintain a large setback on the property. So staff is recommending approval of this request to reduce the rear setback to 49 ft at the closest point in order to construct a pool uh because the variance criteria are met and I can answer any questions you may have.

Clear cut. Thank you Sarah. Mr. Robinson, since you're the applicant, would you like to speak? It's not necessary. Okay, great. Amanda, uh, any speaker slips tonight for this item? No. Okay. Any questions from the commission? No. There's no other um person to speak for against this item. I'll ask for um a motion to close this public hearing. I'll make a motion to close. Second. All in favor? I. Okay. May I have a motion please for this variance project 20260019? I make a motion to approve. Second. All in favor? I.

Any opposed? Okay. Motion so passes. Enjoy your pool. Thanks so much. Happy birthday and happy birthday. Yes. About to go cook some cook some food up. Let Mr. Robinson step out. Okay, guys. Do we have a motion, please, to open the public hearing for planning and zoning commission? I make a motion to open. I'll second. All in favor? I. Okay, we're in public hearing for planning and zoning.

This first item is a request for a comprehensive plan amendment for three parcels um located in the north end of the county on the southeast corner of Highway 280 and Harvey Road. Um they are identified by parcel numbers 008022 00802301 and 008023. Uh the applicant is requesting to change the existing character area which is rule residential to industrial in order to accommodate a resoning application um from I2 to I2 in the future. Um, this is planned to support the asphalt plant that is being developed across Harvey Road. And these properties are currently zoned RR1 that are shown here. And you can see some images of the property um, and Harvey Road here. Uh, and then the surrounding zoning is rule, residential, and agricultural with the exception of those properties um, located to the west which are zoned I2, General Industrial. Um, this is the property across the road that is being developed as for an asphalt plant currently. Um and you can see the plat here. Um so for a uh for a comprehensive plan amendment um the first criteria is appropriateness of the request. So the comprehensive plan character area map for North Brian shows this site as being within the rural residential character area. Um this was map was created in 2023 with the intent to ensure industrial use was contained around I16 and highway 280 where it was already being developed at that time. It was also in support of the um expansion of county infrastructure which did not extend to this area west of the city of Penrook. Uh while that property across Harvey Road um is being utilized as an asphalt plant under its existing I2 zoning, this is not consistent with the overall rural residential character of the area and the majority of parcels within that character area. Um so based on the goals of these character areas, staff did not find the requested amendment um to an industrial character area to be

appropriate. Um should the board want to expand the character area to this location a larger analysis would be needed. Uh the second criteria is if the amendment is needed to address any errors or omissions. Uh immediately adjacent properties as mentioned are RR1 and I2. Um and this table also identifies other existing I2 zone properties in this general vicinity. Um as you see on this table the majority of these properties are not developed for industrial uses despite their zoning. Uh the existing industrial district was evaluated as part of the comprehensive plan update at the time. However, the underutilization of these sites and lack of industrial development um raised legitimate questions about the long-term sustainability of that. Additionally, with the exception of that asphalt plant, the surrounding area is predominantly large lot residential. So, it was not an air or a mission to classify this as rural residential. The next criteria is whether subsequent events have invalidated the plan. um or require changes. The applicant identified the development of Hyundai and the parcel across Harvey Road as subsequent events. However, these conditions were either existing or planned for at the time of that character area um creation and were studied at that time. The existence of outlying I2 zoned parcels in that rural residential character area also pre-existed the plan. Um so developing the property for a use permitted under that industrial zoning wouldn't qualify as a subsequent event. The next criteria is if that amendment is needed prior to a routine comprehensive plan update uh which happens about every 5 years. In reviewing the need for an amendment, staff considered whether the quest was in the best interest of the county and his residents as a whole. Based on this um staff did not identify a clear public benefit that would justify expanding that industrial character area to this location. further outside of the larger more comprehensive review um of the character areas which would include any

impacts on utilities and existing uses uh we did not find an amendment um to be needed to advance the goals of our existing comprehensive plan. So based on um those criteria, staff recommends denial of the comprehensive plan amendment to amend the character area of parcels 008022, 008, 02301, and 008023 to the industrial character area because the criteria for a comprehensive plan amendment are not met. And I can answer any questions you have. You said the comp plan was reviewed again and changed in 2023.

That's when these character areas were created. And we've had no other um industries to out. I know we have Hyundai. I know we have a few um support system for them. Any And you said nothing else has come forth for that area. Not in this this area. Not in that area. Yeah. Quest questions for Sarah?

No. Okay. Giving everybody a moment. This that's a lot to take in, but um anything. Thank you. Okay. Thank you, ma'am. Do we um the applicant Southern Metals property or um a representative? Is there anyone here to speak? Good evening, members of the planning and zoning commission. My name is Wes Ron. I'm the uh I'm an attorney from Oliver Mayor. I represent the property owners of the three properties that we're here about um this evening. Also have here with me Mr. Madison Elliot who is the owner of uh Southern Metals Properties LLC who is one of the applicants. So, as stated uh uh by the staff, my clients are seeking to amend the comprehensive plan uh to ultimately change the zoning from rural residential to this uh a zoning of general industrial. Uh the three subject properties only make up about eight total acres altogether. Um, however, they lie adjacent, as shown on on on the map on the zoning map a second ago, they lie adjacent to approximately60 acres of industrial zone property. Of those 160 acres of industrial zone property, the parcel immediately to the west of the properties we're hear about today is currently being developed into an asphalt manufacturing plant. Um, and the remaining industrial zone parcels could be developed at any time. That's what they're zoned. They're currently zoned I2. They could be developed tomorrow. They could be developed next week. Um, is it possible to get the uh the zoning map up one more time? Thank you. and and you see there along uh highway 280 that is the approximately

160 acres altogether of of current industrial zoned property. Um so as you can see amending the comprehensive zoning plan for the three parcels we'll hear about tonight will actually make these properties more consistent with the area along Highway 280. Um, as for the future use of the property we properties we'll hear about tonight. I know that's obviously important to the reasonzoning maybe not as important for here tonight, but it's still uh a valid concern that you may have. Um, as for the use of those properties, my client intends to develop it solely for the use of accessing the rail line that runs along Highway 280. So, um, so it's not it's not as if there'll be a a plant here in the future. This is going to service that rail line. They're going to add spurs onto that rail line. So, that's what this property is going to be is going to be ultimately used for. Um, and and Mr. Elliot is is here. He can speak more about that that kind of future use if you have any questions. Um, but you know, I'd like to add that that the comprehensive plan should really it boils down to to two reasons why this comprehensive plan amendment should be approved here tonight. And um one is these properties are wholly unsuitable for residential use right now. They cannot be used for residential use. Um and then the second being that this area is is perfect for industrial use. And I'll talk about each of these uh of these reasons here in just a moment. Um, as to that first reason, due to the neighboring 160 acres, the subject properties will never be used for residential purposes. The noise, the vibrations, the air pollution, all of the effects of the asphalt manufacturing plant that's being developed right now render this property unusable for

residential. No one is going to buy it. My client can't develop it for residential uses. I wouldn't live next to it. I'm in the market for a home as as as a young adult. I would not buy this home. And I apologize, Mr. Elliott. Um but um but but there's no reason why my clients uh should not be able to avail themselves of the same economic privileges that we have that that the neighboring properties are are benefiting from right now, the neighboring industrial properties are benefiting from right now. Um and and staff, you know, mentioned that, hey, look, they're not they're not they're being underutilized. Well, that's a subjective opinion, right? These are these properties are zoned I2. They can be used for that at any moment. So whether they've you know we don't know what kind of plans are in the works uh for those properties. Um I would also like to add and I think this was mentioned by staff as well. There's there's not uh water and sewer infrastructure out this way. And I use that as a reason as another reason why well this really isn't suitable for residential uh use as well. um you know most industrial uses especially a rail yard are not going to really rely on on a lot of water or sewer infrastructure. Um so moving to that that's the second reason for why we feel that this request should be approved is that this area is perfect for industrial use. It really is. Um I grew up right down the road uh Strathy Hall. So I am no stranger to the the growth we've seen here. Right. and and Brian County has always really been a strong proponent of growth, but it has to be done the right way and I think we can all agree on that, right? It has to be done done the right way and it has to be carefully monitored. Um, and you know, without going into a lot of further detail, I know that's kind of been at in a lot of recent discussions around around the county. Um, so here this property checks all of the boxes. These properties are far away from high population areas. These properties have

the railroad access. The properties are adjacent to the 160 acres of industrial zone property that the county has already determined are suitable for this area. What difference would the eight eight more acres of industrial land uh make, especially when uh you know they're going to be used for this very limited purpose of of rail access? Finally, there's little to no impact on the neighboring parals. they all remain undeveloped and uh there's not any impact on the on the infrastructure as well. It's going to be a rail yard. There will not be um you know trucks coming up and down uh you know highway 280. This will be servicing the property which is right across the street which is being developed into that um into that asphalt manufacturing plant. So there's not a lot of impact on county infrastructure, not a lot of impact on neighboring parcels. It's far away from everything. It has rail access. you know, location of these industrial parcels matter. We've seen it recently. You do not want it next to communities. That's not the case here. This area is perfect for industry. And um you know, the commission has a chance to uh to encourage growth here and uh but they have also have an opportunity to do so in the right way and and that's why I think this request should be approved. Um, as for subsequent events, I think I've kind of talked about the underutilization that staff brought up and and the impact on infrastructure. As far as the subsequent event element, you know, I think the fact that the neighboring property was formerly used as a junkyard and has since been, you know, developed into this much more uh, you know, I'll use the word invasive uh, facility um, matters, right? Because whereas I might live next to a junkyard, I'm probably not going to live next to an asphalt manufacturing facility. That does matter. Um, Mr. Elliott, do you have anything that you'd like to to add?

I do. We'll we'll take this one at a time. Let's we'll call. Yeah. Sorry, Mr. Ron. Any questions for Mr. Questions? Yes. Okay. Thank you. I do have a question. You'd have a question for the attorney. Okay. 160 acres that are already I2. Yes, sir. Approximately. Approximately. Yes, sir. Nobody wants to sell. Uh, I'm I'm I'm not sure who's selling over there. Um, you got 160 acres that are already zoned I2. That's right. With a rail way that runs. Yes, sir. And actually extend it actually extends a little farther offcreen to the west. I was saying the county actually you're only looking for eight acres. Yes, sir. Out of that 160 acres, nobody's willing to sell you eight.

Well, my client already owns, you know, the the parcel that we hear about tonight or at least a portion of it is in line to buy the remainder of it. Um, so I can't really speak on who's selling what, you know, down the road, but it is a valid question. I'm just looking at it from my point of view because I live on that end. Yes, sir. That's a lot of land. You're only looking for 8 acres. I'm probably thinking somebody' probably sell you eight acres if you had Right. You know, it's already zoned and we ain't we don't have to go through changing our comprehensive plan for 8 acres.

Yes, sir. And I hear you. And I do want to add that um the this rail access will service the property that is right uh across the street to to the west that that asphalt manufacturing plant. So that is one of the reasons that uh for for the location that we're here about today. Okay. Any other questions for Mr. Ron? No. Thank you, sir. Appreciate your time. Yes, ma'am. Mr. Elliott, is there anything you would like to say, sir? And just for um record, just state your name into the Madison Elliot. Thank you. Um nice to see everybody. Thanks for having me. Um to um your point, Scott, I believe

the critical issue about the location of the 8 acres is that what and I don't want to speak for APAC. Okay. However, I know what they're doing. They want an entrance spur and an exit spur is what they're trying to achieve. So the eight acres is absolutely critical. It's not that we're doing a anything on just a particular 8 acres that we can relocate. We can't do that. So that's why this is for the promotion of their business and to increase their efficiency as on the you know it basically essentially allows you to come in and out from both sides of the railroad if that if that makes sense. Do you does am I being clear about that? So, we can't go down the road and buy eight more acres. It's not going to do us any good. Now, the other thing that I would like to point out, and I I don't know what uh Sarah means when she says a larger study. I I would like to maybe understand what that means to um and you referred to that earlier

essentially be our our fiveyear comp plan update which we look at the infrastructure the entire county is not a parcel by parcel.

Okay. So again I I I think Wes did a good job pointing out that there's virtually no impact to infrastructure at all. It is literally to make the efficiency of moving the rail cars in and out of the um 70 Harvey Road parcel um just more efficient. In the business of loading and unloading rail cars, there's something called demmerge. And if you don't efficiently manage your rail car supply, you get what's called demmerge charges. and they are extremely expensive and they can really harm your ability to conduct your business properly. So that is why we are seeking more room for rail infrastructure. That is it in a nutshell. Um, I would also like to point out that I think it's highly unfortunate for the Harveys who are present that their property is it's virtually inaccessible um from, you know, it's inaccessible from three sides completely. It's not marketable as a residential site. No, nobody's going to buy that. Even to put a single wide trailer on it, they're not going to buy that. And so I'm the logical buyer. And and so that's that's another thing I'd like to point out. Now, I'm sure that Jenna has something to say about that as well. Um let's see. Am I forgetting anything? Oh, yes, I am. The underutilization of the other parcels. I I don't like that word because it just because something hasn't been developed on there yet, I you can't call it underutilized. That's a that's a matter of opinion. A a need has yet to arise for it to be

developed for an industrial purpose. So to call it underutilization is a is a that's the wrong terminology in my personal opinion. I I think that none of those owners are going to come to this commission and ask for their I2 um designation to be changed to rural residential. I don't think that's likely. So, I mean, maybe it has happened before, but I don't think it's very likely. So, the time will come when the industry gets this far, and I believe it'll happen. Um, so that's that's really all I have to say. Um, I really need the 8 acres for the railroad infrastructure and that's why I'm here. So that's my case.

Thank you. Thank you, M. Thank you, Mr. Elliot. Oh, you have I'm apologize, Mr. Elliot. Um, I think Miss Eastston has a Yes, ma'am. Um, what's on the back side of that 8 acres? What does it back up to? Um, so this right here, the back side of it, which would be, I believe, You talking about the zoning? Uh, it's currently agricultural. This is pine trees. Just pine trees. Just pine trees. Any other questions for Mr. Elliot? No. Thank you, sir.

I have one last speaker slip for Miss Jenna Harvey. Again, if you just state your name for the record. Thank you. Hey, I'm Jenna Harvey and I'm here as the current land owner, um, who is my mother-in-law. Um, so this 8 acres that is in question or a portion of the 8 acres, I think there's one acre that's currently owned by Southern Metals Recycling on that corner, in 36 years, this property has not been marketable as a rural residential um, at all. My mother-in-law has lived on Highway 280 for 50 50 years. Um, probably a mile and a half from this property. Um, and in 36 years, it has never been marketable as an RR1. Um, there is nobody that would live. We we can't sell it as a residential because of it was a Garvin Gan um car crushing plant. it was a sawmill and now it was a Southern Metals recycling and now it's an asphalt plant. And it also, as Madison Elliot stated, there are three sides of this property that are um landlocked. You cannot access our property except off of Harvey Road, which goes into the asphalt plant. And that is why we are asking for an I2 zoning or a comprehensive plan amendment to later change it to an industrial zoning so that we can it can be a marketable property. Um as it stands right now it is unmarketable as a residential property.

Thank you. Any questions for Miss Harvey? Thank you. I had three speaker slips for this item on the agenda. Um, but I always like to give the opportunity if someone came in late, is there anyone else that would like to speak for or against this comprehensive plan amendment? No. Any other questions for staff? No, we're all good. Um, with that, I'll take a motion to close this public hearing, please. I'll make a motion to close the hearing. Second. All in favor? I. Uh, may we have a motion, please, for the comprehensive plan amendment project 20250575.

Um, if no one else, I'll make the motion to approve. I second. Okay, we have a first and a second. Do we have any discussion? Okay, we have a first and a second. No discussion. All in favor? I I. Any opposed? So, we have three opposed to four. Okay. So, just a reminder. Oh, so that fails in um this commission. However, um this goes up to the county commission inside the planning and zoning. It'll go up to um that'll be another motion. I'm sorry. Yes. Well, the motion to approve failed. So, I we'll make another motion. So, we'll need

to So, Mimi, um we'll make um ask for another motion, please, for this comprehensive plan amendment. We had a four. So, make a motion for denial. Okay, we have a according to the u the uh denial and that's 2025 0575 and according to the uh county commissioners planning and zoning commissioners report. So we have one recommendation or motion for denial. Do I have a second for that denial? Second. Second. All in favor of the denial.

So we have three. All opposed. Two. So that motion for denial passes. Sorry about that, Amanda. Thank you. Um, so Mr. Elliot, Mr. Ron, M. Harvey's, um, that will go up to the county commissioners next month. When is that meeting, guys? That meeting is March 10th. Tuesday, March 10th. that would be in Pinro.

So March 10th, county commissioners meeting in Pinroke and they will make that final decision. Um this is a recommend recommendation body at this point. Okay. Thank you guys. I appreciate you being here. We'll let them exit. Thank you. Thank you so much. Have a good night. Thank you. Good one. Give them a second more. All right, guys. Thank you so much. Um, may I have a motion, please, to open public hearing for um, planning and zoning this re uh, zoning project 20250308. I make a motion to open hearing. Second. All in favor?

I. We are now in public hearing. Sarah.

Uh, this last item is a uh reszoning for a property owned by Interport. It's approximately 12.95 acres. It's currently zoned RR1 rule residential and they are requesting I1 light industrial. Uh, the property is located on Highway 280 south of that intersection with Highway 80. Uh, is currently developed with a single family residence in a large metal building. Uh, the applicant is planning to redevelop it with a warehouse um with accessory container storage. and you can see a view of the property there. Uh the surrounding zoning includes um I1 light industrial, you'll see in the light purple there. Um RR1 rule residential to the rear and then planned development across 280. Um the property is located in a mixeduse character area which does support this request to the I1 light industrial. Um and here is their concept plan. Many of the surrounding properties, as you saw, have already uh been reszoned to Light Industrial along 280. Um, and the PD across the road does have a gas station on the front portion, but the rest of it is currently undeveloped. Um, it's sort of a defunct PD at this point. Uh, the homes to the rear of the property generally front old Kyler. Um, and the applicant is proposing a large buffer along the rear of the property. Um, as and there are also wetlands existing there. Um, due to this, the reasonzoning should have a minimal impact. The property will be accessed via two access points on 280. Um and they do have an approved traffic study for this project. Uh the county does does have infrastructure and proximity to this property. Um but the extension of this is not included in the current capital improvement program for the 280 corridor. So should the this be extended in the future, the property owner developer would be responsible for paying all costs associated with that. Um it is currently served by Well and Septic. Uh so based on the findings within this report, staff is recommending approval of the resoning request subject to the following conditions. One, that the

developer shall enter into a water and sewer agreement with the county prior to the issuance of development permits if required by the engineering director. Uh the developer shall enter into a transportation agreement with the county prior to issuance of any development permits if required by the engineering director. And that a boundary boundary survey be completed and approved via a minor plat and recorded prior to site plan approval. and I can answer any questions you may have. Thank you. Sarah, didn't we just three other properties? Didn't we just We did just reszone adjacent properties. Explain transportation agreement.

It's something that would go through the engineering department. Um it's a pretty complicated legal agreement about improvements and who pays for what essentially and it may or may not be required. It's up to our our engineering department. Okay. Does planning and just side note, does planning and zoning have any um recommendation on the transportation agreement? Not just for like an item like this, but in general? No, not usually. Not usually. The county commission, do they decide that like who pays? It's usually done during like the site plan and it would be at a staff level generally. Okay. But they do get approved, I think, ultimately by board of commissioners. Yeah.

Yes. So the the transportation agreements when required ultimately are approved and they to go to the board of commissioners for final approval. Up to that point, they're usually negotiated between staff, the developer, and the county attorney to get to those terms. But there's no set if you are in this district or zone, you pay 50, we pay 50. It's it's um item by item or project by project currently. Got it. Okay, perfect. Any other questions for Sarah? No. Thank you so much. Do we have the applicant here? A representative got two. Good evening. Just state your name, please, for the record.

Thank you. Robert Mccorpal here on behalf of the petitioner. I've also got Cody Rogers here with me from EMC Engineering. Um, I've been at this on this property for a couple of years. We've we've been talking to the county for a long time about it and there was a lot of decision making over the last couple years about what that stretch of 280 was going to end up being um once the everything down to the other end got reszoned to I2 and so obviously it's been kind of determined over the series of a bunch of individual resonings of this property is going to be I1 industrial. We've got properties on both sides of us are industrial. We have significant wetlands and trees behind us. Um we support staff's recommendations for approval and their recommendations. We're happy to answer any questions that you have for either one of us.

That was my question if you were good with the condition. So, thank you. Any other questions? No. Thank you all. Thank you so much. We good with everything to move on? Got it. Okay. Um, we have no se speaker slips on this item. No. And there's no one left to speak for against. So, I'll ask for a motion, please, to close this public hearing. I'll make a motion to close public hearing. Second. All in favor? I. Okay. Public hearing is now closed. May we please have a motion for this item resigning project 20250308. I'll make a motion to approve project 2025308 with staff recommendations.

I second. All in favor? Any opposed? Okay. Motion so passes. Same. Move up to the county commission meeting next month in Pinroke for final decision. March. Yes. Thank Thank you, gentlemen. Um, item number five, other business. Do we have any other business from staff? No. Okay. Um, with that, I will make a motion, please, for adjournment or what? Can I have a motion? I'll make the motion. Sorry, I cannot make that. I missed making. Okay. All in favor? I'm sorry. You made that motion? I did. And we are adjourned. Thank you guys.