[8:04] Good evening. Welcome to Oak County Board of Commissioners meeting. Today is

[8:07] Tuesday, September the 1st, 2026. After a moment of silence, we're going to ask

[8:12] Amry Harden to lead us in the pledge. Please stand.

[8:30] To the flag of the United States of America

[8:47] of business is to approve the agenda. >> Make a motion to approve the agenda as

[8:52] submitted. >> Second.

[8:54] » Motion second. All in favor? Motion carries. Next item is statements or

[8:58] remarks from citizens. This is anything that's not on tonight's agenda.

[9:05] » Any statements or remarks from commissioners? No.

[9:10] » We will announce we have a town hall on September 15th at 6 PM here in this

[9:15] room. And also the Jimmy Daniel intersection of 316 will close on

[9:20] September 14th. An estimated six-month closure.

[9:25] And we'll move on to approval of minutes from August 4th, August 20th, and August

[9:29] 25th.

[9:33] » I'll make a motion to approve those.

[9:38] » Second. >> A motion second. All in favor? Motion

[9:41] carries. Next item is a proclamation in observance of 988 day. Commissioner Sax.

[9:48] » Proclamation in observance of 988 day. Whereas Tuesday, September 8th, 2026

[9:54] marks 988 day, an annual day of action dedicated to spreading awareness of the

[10:00] 988 suicide and crisis lifeline and the importance of mental health support. And

[10:05] whereas Okone County government in conjunction with National Suicide

[10:09] Prevention Week and National Suicide Prevention Month recognizes and supports

[10:14] 988 day. And whereas this day of action encourages all of Coney County residents

[10:19] to engage in discussions with friends and loved ones about mental health. And

[10:24] whereas increasing awareness of 988 day ensures that people know that

[10:29] compassionate support is available wherever they need it. And whereas

[10:33] recognition of 988 day helps to build a safer and more supportive community and

[10:38] to put an end to suicide in Okon County. Now therefore, be it resolved that the

[10:44] board of commissioners of Okon County does hereby declare September 8th, 2026

[10:48] as 988 day in Okone County, Georgia, and encourages all residents to learn about

[10:54] the 988 suicide and crisis lifeline. Support suicide prevention efforts and

[11:00] help spread the message that help is available by calling, texting, or

[11:05] chatting through 988life.org. Sign John Daniel this day.

[11:11] Thank you. All right. Now, we'll move on to our

[11:16] hearings and actions on zoning matters. The zoning petition shall be presented

[11:20] by the county staff with no time limit. The applicant, those signed up to speak

[11:24] for the petition, shall be allowed a total of 20 minutes. Those signing up to

[11:28] speak against shall also be allowed a total of 20 minutes. Public comments

[11:32] shall then be closed and the board will have an opportunity to ask questions as

[11:36] they deem appropriate and then the board shall take action as set out in the

[11:40] unified development code. With that, we'll call variance request P26-0158.

[11:46] So, Christopher and Megan Clark. This allowed to allow a garage in the front

[11:50] yard and allow garage less than 200 ft from a rideway in front of a house. It's

[11:55] 2.43 acres at 1020 Trestle Run Residential. And there's also a variance

[12:01] P260187 for the same property.

[12:05] » Thank you, Mr. Chairman, commissioners. Again, that's variance P26187

[12:10] and P260158. Christopher and Megan Clark, applicant

[12:14] and owner. This is parcel C04C070.

[12:20] Currently zoned AR in the suburban neighborhood character area. And again,

[12:25] the request for P26005158.

[12:29] The applicant requests a variance from UDC sections 34701

[12:33] and 3488 to allow private freestanding detached garage within the front yard

[12:38] within 200 ft of the nearest street. In P2600187,

[12:43] the applicant request a variance from UDC section 101202D2

[12:47] to allow a second driveway access to the property. the recorded plat you have in

[12:53] your application packet, the concept plan showing the proposed location of

[12:57] the structure and drive architectural renderings

[13:02] and staff recommends conditional approval of P260158

[13:06] with our one standard condition and approval of P26 0187 with our one

[13:12] standard condition. Thank you. >> Thank you. Now we're hear from the owner

[13:17] of the property.

[13:23] Hello, I'm Patrick Barry. Uh 1720 Lexon Road, Athens, Georgia. I'm here with

[13:28] Chris Clark. Um Chris approached me to help some plans for this. Um he wanted

[13:32] to build a garage for some extra cars for his family. He purchased the

[13:36] adjacent property, combined it. Uh this in the front yard, varants front yard.

[13:40] It's because it's not can't go in the backyard because that's where this uh

[13:43] there's a drainage that goes through and the sideyard of the septic field. Um and

[13:47] then this the variance for the second driveway. Um speak with the HOA and

[13:51] Chris. The best place is come off Trestle Run versus the main road station

[13:54] drive. There's less traffic and it's a little safer exit. That's the request

[13:58] for that um second driveway location.

[14:03] » Does anyone else wish to speak for either variance?

[14:08] » Does anyone wish to speak against? With that we'll close public comments.

[14:14] Any questions from commissioners?

[14:19] We'll entertain a motion for 1015A. >> Mr. Chairman, I'd like a motion to

[14:24] approve variance P26-015A

[14:29] Christopher and Megan Clark allow a garage in front yard and allow a garage

[14:34] less than 200 ft from right away in front of house 2.43 acres 1020 trestle

[14:41] run residential edition. Second.

[14:45] » Have a motion and second for approval of Vance request P26-0158

[14:49] with one condition. Any discussion? >> All in favor?

[14:54] » Motion carries.

[14:57] I'm ready for a motion for 0187. >> Mr. Chairman, I make a motion we approve

[15:03] P26187 Christopher and Megan Clark. Increase

[15:06] the number of driveways allowed to access a property from any one street

[15:09] 2.43 43 acres 1020 Trestle Road residential. We had is it with one

[15:14] condition? One condition. >> Second. We have a motion and second for

[15:18] approval of varance request P26-0187 with one condition. Any discussion?

[15:24] All in favor? >> Motion carries. And we're call appeal of

[15:29] an administrative decision. This is P26-0182

[15:33] Athens Mugalo Partners LLC. This is appeal of an administrative decision

[15:37] regarding requirements for the reszoning 61.79 acres at 1222 Dowy Road. Yeah.

[15:45] Thank you, Mr. Chairman, commissioners. Uh you have before you this evening, an

[15:50] appeal of administrative decision process number P260182.

[15:54] The applicant is David F. Ellison, attorney, property owner, Athens

[15:58] Bungalow Partners LLC. This is located at 1222 Dowy Road, parcel C 02012.

[16:05] The project name Celebration Village of Athens. Current zoning is OIP uh

[16:10] established with reszone P19 00065.

[16:16] A reszoning applicant at that time was Ross Development and the board approved

[16:19] the uh reszone in February 4th of 2020.

[16:25] The issue before you uh the applicant is appealing the decision of the planning

[16:28] director that a reszone application and amendment of conditions is required to

[16:33] change the phasing plan for celebration village Athens assisted living

[16:37] community. This is due to the proposed change to the to allow the active adult

[16:42] bungalows to be developed before the assisted living and memory care

[16:46] component and have contra and have contracted services for the assisted

[16:50] living portion while other phases are under development.

[16:54] staff determined that this con this change does not substantially conform to

[16:58] the reszone P190065 and the related concept plan and

[17:03] narrative and cannot be ad approved administratively as a field change. On

[17:08] April 1, 2026, staff determined the proposed changes submitted as field

[17:12] change P250255 on November 3rd, 2025 to the celebration

[17:17] village assisted living committee did not comply with the resoning uh P190065.

[17:24] The decision was based on review of the comp of the concept plan narrative and

[17:27] application documents from the resoning P190065.

[17:31] Reszoning ordinance states the OIP resoning is for the purpose set forth in

[17:35] exhibit A and is subject to the conditions in exhibit A. Condition one

[17:40] requires development design and structures to meet or exceed the

[17:43] standards indicated on the concept plan narrative representative architecture

[17:46] sketches and other documents submitted with the attached to the reszone with

[17:51] and attached to the resone. The narrative states the assisted living

[17:54] building would be built first as a phase one and the active adult duplexes as

[17:59] phase two. The the narrative separately states that

[18:04] the entire project infrastructure was anticipated to be developed in one

[18:08] phase. That statement addresses infrastructure and does not change the

[18:12] two-phase building program described in the narrative. In the field change

[18:16] application, the property owner proposed to subdivide the property and transfer a

[18:20] portion of the property to another owner so that the 96 unit duplex bungalow

[18:24] active adult phase could be developed prior to construction of the assisted

[18:28] living and memory care facility. The bungalows would now be a phase one and

[18:33] the assisted living phase two. Preliminary site plan P24065

[18:38] approved June 10th, 2025 and site development plan P240066

[18:43] approved 724 2025 indicated that the assisted living units and active adult

[18:48] units would be built as phase 1. Phase two would be a building 15,360

[18:55] ft personal care facility. Those approvals therefore continued to include

[19:02] assisted living in phase one. They did not approve development of the bungalows

[19:06] first with the assisted living and memory care facility deferred. The

[19:10] staff's determination is per UDC 12605D3 concept plan. The proposed changes do

[19:17] not substantially conform to the concept plan and other related documents

[19:20] submitted with the P190065 reszone application. Field change

[19:24] P250255 application was not approved according

[19:28] to the county county UDC section 12605D3 which states if the requested reszoning

[19:35] or special use application is approved no building permit other permit or

[19:40] certificate occupancy shall be granted except for uses or structures conforming

[19:44] substantially to the concept plan and related documents submitted with the

[19:47] application. Changes to an approved concept plan that present an increase in

[19:52] intensity of use such as but not limited to an increase in the total number of

[19:56] lots. An increase in the total proposed building area or an increase in the

[20:00] number of total nor number of total number of buildings proposed for the

[20:05] development shall not be considered substantially compliant with the

[20:09] approved concept plan and are subject to the requirements of section 12102 for

[20:14] processing and approval. The appeal application by David Ellison also cited

[20:20] section 30202 neighborhood recreation centers. Staff made no determination

[20:25] concerning UDC section 30 320 neighborhood recreation centers. Staff

[20:31] did not rely on section 320.02 O2 in making the determination under

[20:36] appeal whether any particular facility qualifies as an amenity or neighborhood

[20:41] recreation center does not alter staff's determination that the proposed phasing

[20:45] change does not substantially con conform to reasonzoning P190065

[20:51] and cannot be approved as a field change.

[20:54] The current wastewater treatment capacity policy also distinguishes

[20:58] residential uses including condominiums, duplexes, single family homes, and

[21:02] apartments from development that includes assisted living communities.

[21:06] Residential capacity outside the city of Watkinsville is limited to 30% of

[21:10] capacity while the policy separately provides for capacity to al to be

[21:15] allocated for assisted living communities. This distin distinction

[21:19] reinforces staff's concern with allowing the bungalow component to proceed

[21:24] separately before the assisted living component exists.

[21:29] On April 19th, 2026, the owner submitted a reasonzoning application to address

[21:33] the concerns from the April 1, 2026 staff's termination. Accuracy review

[21:38] comments were issued on May 14th, 2026 that were never addressed with a

[21:42] resubmitt. On May 1, 2026, the appeal of administrative decision letter was

[21:48] submitted with a complete appeal application received July 16, 2026, even

[21:53] though the resoning application was submitted April 19th, 2026.

[21:59] The record has been submitted to uh the county clerk. Thank you.

[22:04] » Thank you, >> David.

[22:10] » Uh good evening. David Ellison here on behalf of Celebration Village. If I may

[22:14] approach with a hand out items.

[22:39] So this project, Celebration Village, was originally reszoned on February 4th,

[22:43] 2020 for an age and place retirement community. The original plan was

[22:47] developed in two phases, a total of 69 buildings and 398 units. On February

[22:53] 4th, 2020, a variance allowing heights up to 55 ft was also approved.

[22:59] Unfortunately, the world shut down about a month later and CO nearly killed the

[23:04] senior housing industry. It's taken a while, but demand has returned both with

[23:08] investors and from residents. Uh to date, my client has spent uh over $18

[23:12] million on Celebration Village to get this site ready. Uh we're lining up

[23:16] financing. We have 24 contracts for bungalows and 42 people on the waiting

[23:21] list. You know, the reason why we're here today is that over the past six

[23:25] years, the industry has changed. Uh generally, residents want a larger

[23:30] living area. And so what we are proposing here is essentially a

[23:34] different unit mix than before. If you look at this spreadsheet here,

[23:39] this lays out the differences between what was originally approved in 2020 and

[23:43] what we're asking for here today. We're still proposing 69 buildings. You know,

[23:48] we have a slight increase of square footage of about 3 and a half%. The

[23:53] density is the same, 398. All height, all buildings will be

[23:58] beneath 55 ft. Two buildings have gone from three stories to four stories, but

[24:02] again, every single building is beneath the 55 foot variance. Finally, instead

[24:07] of doing two phases, we're going to do one phase.

[24:11] So, we believe that these revisions are consistent with the original plan

[24:16] because we're not changing the use and we're not increasing the intensity. If

[24:20] you turn to the next page, I'm showing you the site plan of what we're asking

[24:24] for you to prove. This is from 2026. And then the next page is from 2020.

[24:33] This is what has been approved part of the plan. Uh and we believe the only

[24:38] reason why there have been variations from the site plan was to adjust for the

[24:42] unit mix and to shorten the walkways between some of the amenity areas.

[24:48] Otherwise, we believe this is the same use substantially compliant with the

[24:51] original plans. We're going to use the same standards uh of design that were

[24:56] approved. So we believe this is substantially consistent with the

[25:00] original plan such that a reszone is not necessary.

[25:05] We're also seeking an appeal of the staff's interpretation of the sewer

[25:10] policy. You know, as as we're all aware, sewer is only allocated for CRC's or

[25:15] assisted living communities such as this one. Now, we believe that the county has

[25:21] already allocated sewer for this project due to this payment of $250,000 for the

[25:26] sewer improvements. Uh since Auni County has not enacted to impact the ordinance,

[25:32] the only way that this payment could be regarded as legal is if it has been

[25:37] allocated towards sewer for this project.

[25:40] But we understand the county's concerns about this issue and we're willing to

[25:45] condition approval on this appeal in order to adjust our construction

[25:50] schedule. When we first applied for this appeal, we going to start with the

[25:55] bungalows and then the assisted living facility. We're now proposing that

[26:00] before any permit on any residential structure can be pulled,

[26:06] we have to have obtained a permit on the assisted living facility

[26:11] and have uh commence construction before pulling any other permit.

[26:16] So before we can pull any permit for any sort of bungalow, we are starting on the

[26:21] assisted living facility and have to have continuous construction.

[26:26] Before any cos can issue on any residential structures on the property,

[26:31] we have to one obtain continuous construction on the assisted living

[26:35] facility and provide documentation that we're

[26:38] providing quote personal services, limited nursing nursing services as

[26:45] though terms are defined by the rules of the department of community health and

[26:49] medications by certified medication aids. We're essentially tracking all of

[26:54] the services that would be provided by an actual assisted living facility while

[26:58] it's being constructed. And so we are obligated to provide that

[27:02] to residents until that assisted living facility is constructed. And that's a

[27:06] condition as of any co. We believe by having this condition it would restrict

[27:14] sufficiently restrict this and to ensure it does not set a precedent for some

[27:18] other type of developer to come in with density in an inappropriate place. I'm

[27:23] also proposing as a condition uh language to approve this to address the

[27:27] sewer issue but essentially that $250,000 payment would be contributed

[27:32] towards uh the allocation reserved for this project.

[27:36] So the final page of your sheet there

[27:42] is the narrative from Presbyterian Village

[27:47] and I've highlighted in the top right hand corner

[27:51] how they structured their deal. If you look at the schedule beginning

[27:56] the second line, it is anticipated the complement of building structures and

[28:00] site amenities will be built out in phases with the initial phase

[28:04] development to include the village center, the health service center

[28:06] building and 50 residential units comprising a mixture of cottages,

[28:10] villas, and apartments. And so we're essentially asking for the

[28:14] same thing that Presbyterian Village did and that we're going to be building out

[28:18] the assisted living facility and all the other commercial all the other minute

[28:22] areas at the same time as we're building out the bungalows.

[28:26] You know, we've already introduced evidence in the record that COS issued

[28:30] on cottages for Presbyterian Village before CO's issued uh for the assisted

[28:35] living facility. And I believe yesterday submitted additional information from

[28:39] the state showing that uh Presbyterian Village did not receive its license for

[28:43] assisted living facility till June 2021 and I think 87 CO issued in the meantime

[28:49] and didn't receive its license for memory care permit until April 2023.

[28:54] And so the county has shown flexibility on this sewer policy when a property

[28:58] owner shows progress and we ask that you allow us to give you that opportunity to

[29:03] show progress particularly because we advance so many of the land use goals of

[29:08] this county. You know we are providing a higher density residential development

[29:12] and a regional center character area on your comp plan. You know this is already

[29:16] an area that's served by water and sewer infrastructure.

[29:20] You know, we're bringing in, if you allow this pro project to go forward,

[29:24] you we be bringing in new residents who will not impose burdens on the schools

[29:28] and free up existing housing stock for families by allowing existing residents

[29:32] to downsize. Now, I have family members in the area who'd be coming to a

[29:36] facility like this. I have family members out of the state be coming to a

[29:39] place like this, and I imagine I'm not alone. So, this is the type of growth

[29:43] the county presumably wants. and we request you exercise your powers on

[29:47] appeal to approve our request with these reasonable conditions.

[29:53] Now I understand we have to go as a lawyer have to go through this process

[29:57] of filing an appeal within 30 days and sending any item notice for various

[30:00] items and I understand that many people including lawyers come to y'all with

[30:06] problems. Uh we tried to solve this problem by coming up with this

[30:10] development agreement, you know, which would we believe would address all

[30:15] issues in one fell swoop and allow everyone to move on and get this project

[30:20] going.

[30:23] The important thing is that is a voluntary arrangement, something that we

[30:26] are offering to eliminate all the county's liability and risk. The sewer

[30:31] issue goes away. We've included a mechanism in here for the assisted

[30:36] living facility to stay on track for you. We ought to monitor and we have

[30:39] already released in advance any claims that we may have against y'all should

[30:44] y'all choose to exercise any remedies under that development agreement. That

[30:48] schedule requires continuous construction of that facility and

[30:52] continued oversight. It requires building permits, proof of financing,

[30:56] and commitment to construction on this facility before permits may issue.

[31:01] The real value for this development agreement is that this reszone has

[31:07] frozen this in time and we can't get any re, you know, site plans reviewed, field

[31:13] changes. We can't go through plans, review, and permitting. And it's our

[31:16] preference that this development agreement be approved tonight which

[31:21] allow us to withdraw our appeal and our reszone and allow us to continue our

[31:25] site work and be able to go through our plans review and permitting so that we

[31:30] can go vertical on this as quickly as possible. You know, we're aligning at

[31:34] the financing to go vertical on the entire project, including the assisted

[31:39] living facility. And once the financing is there for the assisted living

[31:42] facility, the whole project's going to happen. you do not need to worry about

[31:45] that. But the good thing is you don't have to trust me that y'all have an

[31:49] agreement in place with specific enforcement remedies.

[31:53] And so we're asking that you please approve the development agreement. I

[31:57] have copies if y'all need to review it again. We'd ask for you to approve that

[32:02] because that's the cleanest, simplest way to get this project going. And we

[32:05] hopefully have addressed all of your concerns.

[32:08] If there are any concerns that y'all have that feel have not been adequately

[32:12] addressed, the entire development team is here. You know, we can stay all night

[32:16] if we need to to get this done. But if y'all have any concerns, you know, I

[32:22] personally request a table of this appeal instead of a denial because we're

[32:27] trying to solve problems and trying to, you know, be good neighbors and be, you

[32:31] know, work through this without any unnecessary conflict. And again, if this

[32:37] is denied, that sets this on another time period for more conflict, more

[32:41] dispute that we're trying to avoid. So, we ask that you, you know, take a

[32:47] look at everything and realize we're not trying to change our use. We're not

[32:51] trying to skirt the rules and purposes of the sewer policy. You know, this was

[32:55] a this is the same project that was approved with much fanfare in 2020 and

[33:02] it got sidetracked by the pandemic, but we're back and we want to get this thing

[33:07] going. And if you'all have any questions for us, we're happy to answer them and

[33:11] happy provide copies of development agreement, this proposed resolution that

[33:15] prepared to show to your attorney earlier today. But we're just here to

[33:18] answer any concerns you may have. Thank you.

[33:21] » Thank you.

[33:29] All right. Does anyone else wish to speak for the administrative appeal?

[33:36] Does anyone wish to speak against?

[33:41] That will close public comments. Any questions from commissioners?

[33:48] » Yes, I have one. is uh this I direct this to the

[33:53] county attorney. What what has transpired? Anything he mentioned of

[33:58] development agreement? Is it different than what we'd already seen last week?

[34:02] There was a a slightly different version that came out. Um John and I talked

[34:07] about it and did not think that it had any

[34:12] was it it's significantly different in terms of what the board expressed

[34:16] concerns about. Um David has outlined it pretty well,

[34:22] » right? His his suggestion about tableabling the appeal, what what does

[34:27] that do to to the whole process? Help me understand that from your perspective.

[34:32] » Well, you could table it for um 30 days. Board wanted to continue talking about

[34:38] um the development agreement. So what and what David has proposed is that if

[34:44] you approve the appeal, you approve it with the condition being that the

[34:49] development agreement be entered into. >> I'll say that again now. So David is

[34:53] saying that if you approve his position,

[34:57] » okay, >> if you if you deny what the planning

[35:00] department said and uphold his position that it be done with the condition that

[35:05] the development agreement would be entered into by the county and the uh

[35:09] celebration village. So it in in essence would be the condition of the approval.

[35:15] But if we table it, does that give us an opportunity to to look at this tweaking

[35:21] that has happened to the development agreement since last week?

[35:39] I got a question. Uh, with what's been said, what is different

[35:46] from what I voted on in 2020?

[35:52] » They're proposing a different um timeline, I guess, from the original.

[35:57] The original showed first phase was going to be the assisted living memory

[36:02] care village. Second phase was going to be the bungalows. Now they're proposing

[36:07] that as one phase uh with the um exemptions I guess or the

[36:15] in the development agreement that I think gives them a a broader time

[36:20] frame within which to finish those facilities.

[36:24] um but still allows them to acquire cos to the bungalows.

[36:34] In addition to that, it's providing a third party service uh for the assisted

[36:40] living u component and that that was never in the mix

[36:46] originally. So >> So this third party where where is this

[36:50] third party? It would be

[36:52] » where do they hang their hat? >> That that's a good question for them,

[36:55] but I believe that's a contract position.

[36:59] » The question is this issue of third party

[37:04] » where where is that third party station? >> So it will be in uh I believe the uh the

[37:10] clubhouse will be the kind of the the I guess the base for these home home

[37:14] healthcare providers. Okay, let me

[37:20] I'm asking him. I'm asking him. Don't mind. If I need to talk to you, I'll ask

[37:24] you. Uh,

[37:29] so what we're talking about is there there will be no

[37:34] place where these kind of folks will be like a permanent they will be working

[37:40] out of something else. >> If I may ask uh what the developers. Let

[37:46] me follow. Let me Sure. Okay. >> Uh

[37:51] what happens if

[37:55] somebody like me, I'm over 70? Um I'm there, but I've got I'm beyond

[38:04] somebody coming over and checking my temperature and give me my my checking

[38:08] my blood pressure. Where what are you going to do?

[38:14] I mean, do you have a place for those folks that need some maybe

[38:20] at least a couch? >> So, I'm going to have to defer to

[38:24] » All right. Now, I'll ask you if you got if you want to

[38:26] » Paul, can you come up here and answer that question?

[38:31] » I'm Paul Azie. I'm the CEO of Active Senior Concepts. We're the developer of

[38:35] the project. So, um,

[38:39] to answer your question specifically, Commissioner Horton, we will have, um,

[38:45] before we finish construction of any of the bungalow units,

[38:49] we will have finished construction of our clubhouse building, our pool

[38:54] building, our amenities, outdoor amenities. That building will will house

[39:00] our third-party home care and home health care providers until the assisted

[39:04] living building is complete and open. We don't anticipate

[39:10] that. So, so if there's someone that needs more intense care, they're

[39:16] probably not a candidate to live in the bungalows. They would be a candidate to

[39:20] live in the village, which will be under construction. and as soon as that's

[39:24] available, they can move in there. Until then, from a public safety standpoint,

[39:29] we equip all of our units with a third-party emergency response if

[39:33] there's if there is any sort of emergency. And then if people need home

[39:37] care assistance, which is typically delivered under the assisted living

[39:41] license with bathing, dressing, um different things like that. That those

[39:47] are not medical services. an assisted living building, you cannot do medical

[39:51] services and we wouldn't propose to do that, but you can bring in those

[39:55] services through home health care, which most communities do. So, the point is we

[40:00] will have services available to our residents day one that need them.

[40:07] That's all.

[40:13] U let me follow up just the procedure here. I mean, uh,

[40:20] if we don't uphold the decision of the

[40:25] planning department, uh, what happens then, Mr. attorney.

[40:34] If you don't uphold the planning department's decision and

[40:38] you include the development agreement as part of the condition,

[40:43] um, okay.

[40:45] » Yeah, as I told y'all last week, I think the development agreement

[40:49] [clears throat] within the confines of can and celebration village team

[40:54] actually build out the project the way they proposed within the confines of

[40:58] that question. Um it it's about as good as you're going to get, I think. Um

[41:05] » but what he's proposing in this development group, you see y'all tweaked

[41:09] it, but I haven't seen the tweaks. I mean, so you're asking me to approve

[41:13] something I haven't seen or had a chance to digest.

[41:16] » If if you bearing in mind that that we're just talking about tweaks, we're

[41:20] not talking about any significant. Um, if you want to do that, I would

[41:25] recommend table so that we can go over that. Obviously,

[41:30] we weren't going to be able to go over it during the day. Well, I'm not going

[41:33] to stay here all night. I'm sorry, whoever said that out there. Uh,

[41:38] so if we uphold the decision [clears throat]

[41:43] of the planning department and deny the appeal, what's going to be celebration's

[41:51] next step? Well, I'd say two things. Uh, one, not that would not foreclose

[41:58] continuing work on the development, okay? If the board wanted to do that.

[42:01] » Number two, and David alluded to this, it starts a a timet for him. So that if

[42:08] he feels the need to Celebration Village feels the need to file a lawsuit,

[42:12] they've got to do it essentially within 30 days. Now, there's always the

[42:16] question about that 30 days from the minutes are approved. is that 30 days

[42:21] before acts. >> Um, and we could have some conversations

[42:24] about that, >> but the short answer is it starts a

[42:27] pretty short calendar that he's got to do.

[42:30] » Okay. Well, along the way, did I understand there's a another a reszone

[42:37] request out there just sitting out there and

[42:40] waiting on something or was it held up? What was that? There is a reason that's

[42:45] filed. Um, as Guy went through in his memo, um, just if it just stood on its

[42:52] own, it would not be moved forward now because the,

[42:56] uh, what guy, what did you call that? The, uh, sufficiency review, right?

[43:01] » Accuracy hasn't been responded to by the applicant. But the reason they haven't

[43:06] responded to it is because we've been working on the development agreement and

[43:09] this bill is

[43:14] » [clears throat] >> All right.

[43:19] » Can you explain to the rest of the board kind of the difference in what Mr.

[43:25] Ellison was talking about in the sewer policy? The difference of our staff

[43:31] opinion and his opinion.

[43:37] Uh there were two three differences. Which one are you asking about?

[43:42] » Well, I guess specifically about the phasing of the project and you know my

[43:49] understanding is that the the assisted living needs to be

[43:56] constructed in the beginning. the the the way the board approved the reszone

[44:03] meant that if the project was was constructed

[44:07] in accordance with the reszone, you would never have a concern that there

[44:11] were bungalows out there that never had an assisted living facility constructed

[44:17] to serve. So that meant the sewer policy could be honored and we were fairly

[44:22] certain of that. The concern that is expressed by memo by the planning

[44:28] department is if you flip it the other way around and the bungalows built first

[44:33] and for whatever reason finance or whatever the assisted living facility

[44:37] never gets built then we've inadvertently violated the sewer use

[44:42] policy waste policy by allowing bungalows built without having an

[44:47] assisted living facility then resident sewer which said

[44:54] Okay, Mr. Alison, can you address that? Um, what kind of asurances

[45:01] to OKone County, not just this board, but to the county that we are holding to

[45:08] that this development is going to move forward and build this development as

[45:15] they said they would. So that was the key revision we made to the development

[45:18] agreement uh last week was that when this whole process started, our goal was

[45:24] let's go ahead and start the bungalows and then uh then we'll do the AL

[45:29] facility later. Now what we're proposing is that we cannot start on the bungalows

[45:35] until we have the permit on the assisted living facility, the funding on the

[45:40] assisted living fac and really the whole project which includes the assist living

[45:43] facility and continuous construction. So once the funding hits for the whole

[45:48] project then it's going to get built. is gonna get built and there's not going to

[45:53] be this lag, you know, of basically, hey, we're gonna build these bungalows

[45:58] now and then wait for financing for the whole project. So, that's what we

[46:02] proposed in that this latest version to try to address that issue. In the

[46:06] meantime, we also included, you know, other language with the CEOs as well,

[46:11] basically allows y'all to revoke it. But, uh, that's that was the main switch

[46:16] to address that concern. >> One other question with that. Um, so

[46:22] with that in mind, if your your intention is is to fully fund everything

[46:27] and continue with the project, why would you need to make a change in the

[46:31] phasing? >> I'm sorry. Why would I need what

[46:34] » to make a change in the phasing of the project?

[46:37] » We're just doing one phase now. So originally it was two phases and so now

[46:42] it was assisted living facility and then bungalows and now we're just doing one

[46:47] phase. It's just like uh Presbyterian Village where we you know we start off

[46:51] with um the assist living facility and our goal would be to get those uh

[46:55] bungalows that we already have contracts for

[46:59] begun construction only after we have financing begun on the assisted living

[47:04] facility. >> Are you saying

[47:08] I'm trying somewhat confusing?

[47:13] » I'm going by what was we agreed to in 2020.

[47:18] And that was the the health facilities and stuff comes first. And I'm not

[47:24] hearing that now. I'm hearing that we'll have people

[47:29] somewhere on grounds to take care. But you still looks like the bungalows are

[47:35] coming first. >> They're going to be starting it. We're

[47:39] going to start construction of the bungalows after the assisted living

[47:42] facility. I mean, we're going to So, originally was assisted living facility

[47:45] amenities first and then bungalows. Now, we want to get started on everything.

[47:51] You know, this project's taking long enough. We're going to have financing to

[47:54] construct everything. We just want to do everything in one phase.

[47:57] » Now, you said the the financing is covering everything. You got one

[48:02] provider or two or three folks.

[48:05] » Yeah. The the loan when the financing hits, it'll be for the entire project.

[48:11] Well, so how many people could be living in a bungalow before the assisted living

[48:14] is completed? >> How many people in the bungalows versus

[48:20] » you follow your plan? How many people could be living in there before assisted

[48:24] living license is achieved?

[48:27] » What's all that?

[48:36] » So they're 96 units the bungalows out of a total of 398.

[48:43] And if y'all want to >> What's your construction time on

[48:46] assisted living? Is it still 42 months?

[48:51] » 24.

[48:55] » Say that again. >> He said 24 months to build this this

[48:58] living once it's parked.

[49:07] But the bottom line is you're going to have people out there living before this

[49:10] other part's finished. I >> mean, there will be a difference in time

[49:14] between we have a CO on the assisted living facility before we have, you

[49:20] know, we there will be a period of time where there are COs

[49:25] before on the bungalows before the assisted living facility is constructed.

[49:29] We acknowledge that. >> That's not what we agreed to in 2020.

[49:32] Correct. >> Correct. That's all I need to

[49:35] » and that's why we're asking ultimately it's the same use, same intensity and

[49:40] that's why we're asking for this opportunity to move forward.

[49:44] » Yeah, we understand we understand it's changed.

[49:48] » Yeah, but that's not what I agreed to. So you what you're saying is back in

[49:54] 2020 that doesn't count anymore. >> It counts. doesn't seem to me to I tell

[50:00] you what I will vote to go with the u

[50:06] planning director or I'll table but but not approve it

[50:15] because we just going we just keep going back over what is clear to me is what I

[50:20] agreed to what celebration village agreed to you don't want to do now and I

[50:26] don't really care what happened with COVID or any other kind of thing. David,

[50:31] it it's this is what I agree to and we have spent hours and hours and hours

[50:38] listening to one way or the other. All I want you to do is what you agree to.

[50:42] Real simple. >> We we understand [clears throat]

[50:47] we understand that. But you have the power to look at this again and say this

[50:52] project right now meets those same intentions.

[50:55] » And I don't think it does. I haven't heard you say that. And and so the other

[50:58] thing is we I think we have said over and over about our sewer policy,

[51:04] wastewater policy, whatever you want to. And we got other people we look at,

[51:09] okay, we do this. Well, why don't you do this for me?

[51:13] » Well, we do this for me. >> We've tried to narrow this down so it

[51:17] essentially cannot apply to anyone else. >> Let me tell you something. I've heard

[51:22] enough developer types to say this is not a precedent and they come right back

[51:28] at you. So I don't buy that. I please don't

[51:32] don't waste my time like Amry. I'm not going to stay here all night about this

[51:35] stuff. It's all I'm asking you do what you said you'd do in 2020.

[51:42] Period. Period. I'm think Mr. Chairman. Let me just offer a suggestion. I think

[51:47] that in light of the uh conversation, I think it um

[51:55] we affirm the decision the planning director that starts the clocks for for

[52:00] the celebration folks to go through the legal process and I think that would

[52:06] probably be better than postponing another 30 days because I don't think

[52:09] they're going to change anybody in the next 30 days. So, I mean, if we

[52:15] if we uphold the planning director's decision, then the clock starts for Mr.

[52:21] Ellison. Correct. Okay. I don't think we're going to get this

[52:26] worked out tonight, D. >> All right. So, we need either a motion

[52:28] to affirm for the planning department or reverse the planning department or to

[52:34] table this action. >> I'll make a motion to affirm.

[52:40] Second. where we have a motion to affirm the

[52:45] decision of the plan director and appeal P26-0182

[52:49] based upon the applicable provisions of OKone County Unified Development Code,

[52:54] the codes and policies of OKone County in the terms and conditions of reszone

[52:58] P19-000065.

[53:02] Is there any discussion? All in favor? I. Any opposed? Motion

[53:07] carries.

[53:12] All right. Now, we're going to talk about some text amendments to the

[53:14] Unified Development Code for articles 1, 2, 3, 5, 6, 10, 11, and 12.

[53:22] Thank you, Mr. Chairman, commissioners. Again, you have attached uh a copy in

[53:27] your packets for proposed amendments to article 1, 2, 3, 5, 6, 10, 11, and 12 of

[53:32] the unified development code uh for your consideration. Number one, amendment to

[53:37] modify the boundary of the Marsville Overlay District to extend from the

[53:41] intersection with Dan's Bridge Road south to the intersection with Ranken

[53:45] Road. This change will have revisions to section 20604B,

[53:50] Mars Hill overlay district boundaries and applicability and the Mars Hill

[53:54] overlay district map. Number two, amendment to clarify that a

[53:57] recombination plaid is allowed to create a lot or lots that do not meet minimum

[54:03] lot size if a non-conformity is being reduced. This change will have revisions

[54:09] to section 10704B treatment of non-conforming lots. And

[54:13] number three, the amendment to clarify that the on the final plat uh on a final

[54:19] plat sizes of each lot shall be shown within the lot and on a lot table. The

[54:25] lot table shall also indicate the minimum buildable area. This change will

[54:29] have revisions to section 1230 contents of final plat.

[54:35] Number four, amendment to require sanitary sewer lift stations to be uh

[54:40] public sanitary list public sanitary sewer lift stations to be on a separate

[54:45] utility lot. This change will have revisions to section 502 definitions

[54:49] related to subdivisions and 1016604 at 1604 sanitary sewage disposal.

[54:59] Number five, amendment to clarify the process for the recording of storm water

[55:03] maintenance agreements to indicate Okone County Records records the agreement not

[55:08] the owner. This change will have revisions to section 111613C,

[55:13] storm water management inspection inspection and maintenance agreements

[55:18] and section 111713A, storm water management inspection and

[55:23] maintenance agreements. Number six, amendment to require storm water ponds

[55:26] for new subdivision developments to be on a separate utility lot or within open

[55:31] space and owned by a property association owners association. The

[55:36] requirement for stormwater pond location on a separate parcel will not apply to

[55:41] subdivisions or developments in commercial OIP OBP B1B2 or industrial

[55:46] zoning districts. This change will have revisions to section 502 definitions

[55:51] related to subdivisions section 10039

[55:55] lots and section 1163

[56:00] standards for storm water management. Number seven, amendment to clarify that

[56:04] the enclosure doors for trash and dumpster service areas shall be painted

[56:08] black with metal steel doors. This change will have revisions to section

[56:13] 30601, screening of dumpsters. Number eight, amendment to allow sports

[56:18] and recreation instruction cheer recreational training facilities to be

[56:22] allowed in the office institutional professional district by right. This

[56:26] change will have revisions to section 20508D

[56:29] OIP office institutional professional district and table 2.1 principal uses

[56:34] allowed by zoning district. Number nine, amendment to clarify and align with

[56:39] environmental health policy that for any subdivision lot that that exceeds 3

[56:44] acres, environmental health approval is not required until the building permit

[56:49] is submitted. If there is an existing residence with an on-site septic, the

[56:53] location of the system shall be located by a surveyor. This amendment will have

[56:58] revisions to section 122108 on-site septic plans and section 1215

[57:04] minor subdivisions. Number 10, amendment to indicate that a cottage food

[57:09] establishment as defined by the Georgia Department of Agriculture would qualify

[57:13] as an accessory residential use under the home office requirements. This

[57:17] amendment will have revisions to section 3501 home office. A number 11 amendment

[57:22] to clarify that when an interparial access easement is provided, a parking

[57:27] setback is not required for interior lot lines. This change will have provisions

[57:31] to section 60704 setback requirements. I'll be glad to answer any questions if

[57:37] you have any. Thank you.

[57:42] » Any questions from commissioners?

[57:46] We have any public comment?

[57:50] » Believe we're ready for a motion. >> Make a motion to approve the text

[57:55] amendments as presented. >> Motion second. All in favor?

[58:00] » I. >> Motion carries. Next item is consider

[58:03] appointments to the recreation advisory committee.

[58:06] » Mr. Chairman, I recommend we appoint this board recommends for full formation

[58:11] to begin 10126 fire 93028. We uh we'd like to appoint uh Richard H. Ashmore,

[58:17] Patrick Sneed, Wesley Scott, and Gills Marie.

[58:24] » Second. We have a motion second. All in favor?

[58:27] » Motion carries. Next item is consider appointments to the Family and

[58:30] Children's Services Board. >> Mr. Chairman, I'd be happy to uh

[58:35] recommend the appointment that starts immediately. We'll end June 30th of

[58:39] 2030. Uh Ann at Scotland. >> Second.

[58:44] » We have a motion and second. All in favor?

[58:46] » I. >> Motion carries. Does any commissioner

[58:49] wish any item to be removed from the consent agenda?

[58:52] Hear none. We'll entertain a motion. Mr. >> Chairman, I make a motion we approve the

[58:56] consent agenda as submitted. >> Second.

[58:59] » Have a motion and second. All in favor? I motion carries. We have no need of

[59:03] executive session. So, Commissioner Saxon

[59:05] » motion adjourn. Second. >> We are adjourned.

BOC Regular Meeting September 1, 2026

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