A re-zoning request for a approximately 39-acre Manufactured Home Park sub-division in western Ware County is being contested by neighboring residents.
More than 200 area residents have signed a petition against the rezoning request, which is currently zoned for agriculture.
The zoning change is from current property owner Nick Aldridge Holdings, LLC., and Clayton Homes.
The property, which is named Cottonbranch Estates, sits off Smith Road and 1,570 feet north of the the Slash Pine intersection, according to interim Planning Commission Director Dustin Minchew.
According to a relative of previous landowner Roger Smith, the sale of the property to Aldridge contained a “gentleman’s handshake agreement” between the two that the property was to be used for agriculture in the future.
Kelly Martin, Smith’s niece, spoke on the agreement between the parties, during a Thursday, August 27 called meeting of the Waycross-Ware County Planning Commission to consider the zoning change.
The commission gave preliminary approval for the re-zoning by a 5-1 vote.
An email from Smith, who now lives in north Georgia, after selling the farm, stated he and Aldridge had been doing business for 15 years and everything was done by a handshake.
Smith said he had no reason to think the property sale would be any different. He has since offered to buy the farm back with no deal being struck.
According to Georgia law, a verbal agreement sealed with a handshake can be a legally binding contract if it meets the essential elements of a contract — an offer, acceptance, and consideration (exchange of value), along with a mutual intent to be bound.
However, the main challenge with verbal contracts is proving their terms in court, especially without written documentation.
Minchew told Planning Commission board members a revised preliminary plan indicated 36 lots —down three from a previous meeting — with one open lot and one lot set aside for Aldridge’s property to the south, wetlands were delineated as well as water being run under Smith Road.
The property would have public services, fire protection, EMS and police protection coming from the Industrial Park off Harris Road.
John Curtis, a Clayton Homes representative based in Tennessee, explained the concept behind the proposed sub-division Clayton is doing in 48 states. Home prices range from $215,000-$255,000 for single family residences.
“These are communities that have HOAs (Homeowners Association) that are managed right now by the Clayton until they are built out,” said Curtis. “These projects are designed for what we call ‘workforce, sustainable housing and attainable housing.’ We all know housing is an issue. Our goal is to create housing for people working in our communities who can afford, live and grow and prosper.
“They’re not mobile homes ... not rented, not leased. ... People can come and live and buy and raise kids.”
Jay Hamilton, executive director of the Georgia Manufactured Housing Association, informed the board there is a “severe shortage in housing.”
“Georgia needs 40,000 units today south of Macon,” said Hamilton. “Nearly 15 percent of Georgians live in a manufactured home now, and that number is growing. The average (stick-built) home is $334,000 and many people can’t afford that.
“We’re going to have a landscape plan for every house so we have variations. Each of the homes, are being built here in Waycross. ... This is a sub-division like any neighborhood you drive through around this country.”
After hearing from officials, the floor was opened for those opposing the request.
“That’s my backyard,” said Martin referencing the location. “I don’t want that in my backyard. That’s our farm that my grandpa raised us on. The working man here in this town doesn’t make much.
“My elderly mama lives right there. We don’t want to watch our backs at night. ... My uncle took a man’s word that he wouldn’t do nothing but farm our land. I just ask you all (board) to please keep in consideration our families.”
Smith Road resident Dewey Newman said “that’s a pretty picture they’ve (developers) painted” with the sub-division plan.
“You can wash a pig and put a ribbon on his head and he’s still a pig,” Newman said. “That’s what a mobile home park is. We have 200 people who live in the circle around this place who do not want a mobile home park.
“It’s across the end of my airstrip which has been there for 50 years. People fly in from all over the place. If you approve this and somebody hits a house while trying to land, Ware County is going to be responsible.
“Mr. Smith was told right up until the very end they (Aldridge) was putting blueberries in. Nobody out there has a problem with blueberries. This thing could be over today if they said, ‘we’re just going to quit this and put blueberries in.’” Another Smith Road resident, Daniel Inman, asked about the loss of water pressure with the added taps.
Curtis responded there will be no effect on water pressure for residents.
Inman also asked about the policing of the HOA.
“I’ll be the vice president,” responded Curtis. “Logan Scott will be the president. It’s in his best interest to make sure this project stays looking pristine. Once it’s built out, we will work to gradually turn this over to homeowners who want to be on the board. There will be convenant restrictions (trash in the yards, vehicles on blocks) and homeowners will be required to a part of the HOA. There has been discussion on pricing for the HOA.”
Inman finished telling the Planning Commission board members “you’re supposed to be working for the community — Waycross.”
Kay Smith, also a resident of Smith Road, told board members the planned sub-division was right in her backyard.
“That is home,” she said. “I don’t care if it’s blueberries, soy beans, cotton, all the things that they’ve grown in the past. It’s beautiful out there right now. It’s a field of weeds, but my father-inlaw (Dave Smith) and my husband, who has passed away recently, worked that land hard. I know they wouldn’t want to see that come back there.”
Newman spoke a second time saying he had talked extensively to Roger Smith.
“Whenever you promise somebody you’re going to do something and then you violate that’s a breach of contract,” said Newman. “I’ve talked extensively to Mr. Smith, and there is the possibility of legal action.”
County Manager James Shubert explained the role of the Planning Commission.
“Your role is to make sure they meet subdivision regulations,” he said. “You’re to hear from both sides. You do have the final say on the sub-division itself. The County Commission’s role is to only accept the roads built and any easements they dedicate to the county.
“The roads have to be inspected to make sure they meet all the standards and then presented to the County Commission. I’ve talked to the county attorney and was told the Planning Commission is the planning authority for the county and the city. You have the ultimate say.”
Raylan Guy, another Smith Road resident, questioned Ware County’s five-year Comprehensive Plan.
“The first sentence of the visions for the future, it talks about conservation of farmlands and low density character of the Smith Road area. “I’d be willing at this point this plan doesn’t even go with the Ware County Comprehensive Plan.
“As for the HOA covenants, are they willing to put in property cannot be rented out and owners have to permanently live there? If not, then we truly know what this community will be.”
Hamilton explained the character areas saying the majority of the property is in the ag civil culture and a portion is urban friendly.
“Both allow residential developments,” he said.
Responded Guy: “I think every single person up here knows exactly what the space will be in 15 years.”
Added Hamilton: “I understand, listening to neighbors, this is a big change for them. I don’t like change so much myself. A common problem in South Georgia is we don’t own homes. It’s called NIMBY — not in my backyard.”
“We realize people need housing, just not in my backyard. It’s a common crop, but we’re really here to help the community here, from an economic standpoint.
“In Ware County, where we have a $40 million payroll, that $40 million turns over on average, about seven times per year. So that 40 million goes into softball fields, swimming pools, high schools, elementary schools.”
Attorney Jeffery Parker, Planning Commission board member, offered his insights.
“I personally believe most folks should have a right to utilize their property in the way they’re legally authorized to use it,” he said. “I do have some problems regarding what occurred for this property to be acquired, or at least, allegedly, what occurred to be acquired, and that causes me some concern. The trouble is, we get a lot of unknown variables because we don’t see in the future, God can do that.
“It’s tough because there are valid points on both sides. That’s kind of where I’m coming from for this. And frankly, I’m still torn.
Board member Joe Skinner said he hated “ there were broken promises.”
“It meets all requirements that we must go by,” said Skinner. “The addition of the wetlands we asked them to add is all complete.”
Shubert explained to the board the agreement between Smith and Aldridge had nothing to do with them.
“We cannot either confirm nor deny the breach of the contract,” Shubert said.
Kay Smith informed board members her father- in-law donated land to the county for Smith Road.
“There would not be Smith Road if land hadn’t been donated,” she said. “So therefore, they’re coming across some of our land. There’s plenty of land somewhere else without going into everybody’s backyard.”
After nearly 35 minutes, a motion was made to approve the preliminary rezoning and passed 5-1 with Parker voting “no.”
Shubert explained the process moving forward, in particular satisfying a host of Environmental Protection Division (EPD) requirements.
“(Developers) have a lot of work to do, and then they’ll have to bring it back to this board to look at again,” he said.
