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Bulloch imposes 90-day freezes on data centers and all residential rezoning
County moratoriums precede further hearings, rule-making; Burkhalter-area road pact OK’d
Commisioners vote.jpg
Bulloch County commissioners vote by unanimous show of hands for one of two moratoriums they enacted during the 8:30 a.m. Tuesday, Feb. 17, regular meeting. (AL HACKLE/staff)

In an action-packed meeting Tuesday, the Bulloch County commissioners imposed two separate 90-day moratoriums – one halting approval of Planned Unit Developments and all residential rezonings and another barring action on data centers – and also approved an agreement with the city of Statesboro for road improvements in a rapidly developing, high-traffic area.

Neither of the moratoriums will be the last word on its subject. Instead, both freezes will expire in 90 days unless commissioners vote to extend the moratoriums after hearings on both subjects to be held May 5.

The moratorium on approving developers’ or property owners’ requests for PUD projects or rezoning of land to any residential classification – from R-80 to R-3 – is for the stated purpose of giving the county time to consider and enact an impact development fee ordinance.

In the “whereas” clauses, the moratorium resolution already states that the Board of Commissioners intends to enact such an ordinance, “to ensure that future new residential development and planned unit development will be required to pay a proportionate share of the cost of new public facilities needed to serve that development.”

Impact fee plan

A consultant, Paige Hatley of Hatley Plans LLC, was contracted by the county manager with commissioners’ approval in early October to develop the impact fee program and ordinance. Hatley, whose firm is being paid $85,760 for the work, is slated to deliver the report for a public hearing on the impact fees during the 5:30 p.m. March 3 commissioners meeting, county Planning and Development Director James Pope said after Tuesday’s 8:30 a.m. meeting.

Impact fees could be imposed on all types of residential, commercial and industrial development, and would be paid by individual builders and landowners, not just professional developers, Pope said.

Commissioners’ approval of this moratorium, and all of these major actions Tuesday, was unanimous, 6-0.

Data centers discussion

The commissioners actually voted to enact the moratorium on data centers during the “new business” portion of the meeting, before holding a previously announced public “work session” about data centers at the end of the meeting.

“I know … it almost appears we’re putting the cart ahead of the horse by imposing a moratorium and then talking about it,” said Chairman David Bennett. “But the intent here is simply to put a pause on this long enough for us to cross-level knowledge and information that’s out there amongst the commissioners and the public so that we can proactively draft some type of zoning, if it’s necessary, for data centers.”

This work session consisted mainly of Mickey Daniell, Georgia Power Company’s area manager for Chatham and  Effingham counties, speaking to the Bulloch commissioners and answering their questions about “large load” data centers, meaning those that use exceptionally large amounts of electrical power. Joel Hanner, the Georgia Power Statesboro area manager, introduced Daniell as having more knowledge on this subject. Daniell previously served as Georgia Power’s regional community and economic development manager for more than seven years.

Some details of what they said will be included in a follow-up story.

County-city roads pact

Another noteworthy “new business” action Tuesday was the intergovernmental agreement between Bulloch County and the city of Statesboro, described in the agenda memo as “a framework for moving forward with needed improvements on Burkhalter, Cawana and Harville Roads.”

“The initial phase of the agreement provides that the county and the city will each pay 50% of the cost of the design and engineering for the road improvements, with an estimated budget of $1 million for design and engineering,” noted County Attorney Jeff Akins.

In fact, that $1 million cost for the design and engineering is the only cost estimate in the agreement so far.

“After the completion of construction plans and specifications, the parties will have to approve an amendment to the agreement to establish the estimated costs, not-to-exceed amounts for right of way acquisition and remaining project costs before moving forward,” Akins said.

But the framework agreement already provides that the city will be responsible for 100% of the right of way and easement acquisition costs on Cawana Road while the county will be responsible for 100% of the right of way and easement acquisition costs on Harville Road. Then the city and county will split the costs 50% and 50% of the right of way and easements for Burkhalter Road.

Also under the agreement, the city is to cover 100% of the remaining project costs for Cawana Road, but the city and county will split the remaining costs, including roadway construction costs, 50/50 on both Burkhalter Road and Harville Road.

After the improvements are built, the city is to assume responsibility of Cawana Road and the stretch of Burkhalter Road from Herman Rushing Road to Georgia Highway 67, with the county to file quitclaim deeds relinquishing its rights of way to the city.

City and county officials have been talking about the need for improvements on the roads in this heavily trafficked area of rapid residential development for several years, but previously were stymied over how to divide the costs. This was difficult because these roads presented a “patchwork” of city and county ownership, said Akins, who recommended approval of the city-county agreement but later stated he had no recommendation for or against the moratoriums.

Commissioner Nick Newkirk, who has voted “no” more often than other commissioners in the past 13 months, especially on spending-related proposals, gave this agreement an enthusiastic “yes.”

“I don’t have any questions, but I know this is long overdue, so I appreciate y’all working on this to get that intersection taken care of,” Newkirk said. “This has been a nightmare for quite a few years.”

An “Exhibit A” page attached to the agreement suggests that a new turn lane will be built on Burkhalter Road at Herman Rushing Road and roundabouts installed at three intersections along Cawana Road. Then it calls for further “improvements” along Burkhalter and Harville Roads “including at their intersection with Highway 67,” but does not give specifics for what may be done there.

The agreement went to Statesboro City Council during its 5:30 p.m. Tuesday meeting, and was unanimously approved there as well.