Burke County approves conditional use for after‑school program and rezones parcels despite ownership dispute
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Summary
The board approved a conditional use for an event/after‑school building for Kenneth Hunt and rezoned multiple parcels on Wimberley Road; a nearby resident raised a title dispute and urged delay, but commissioners approved the zoning changes and noted courts handle ownership issues.
The Burke County Board of Commissioners approved a conditional use permit for a planned building to support an after‑school program and event center for Kenneth Hunt and approved a separate rezoning request covering three parcels along Wimberley Road despite public concerns about property title.
Planning staff described the first request as a conditional use application for Mr. Hunt’s 29‑ to 32‑acre tract on Hephzibah‑Keyesville Road that would allow a large building to support his existing after‑school program and operate as an event center at other times. The planning commission held a public hearing and recommended approval. Commissioner Bridal moved to approve the conditional use with a condition that if the property is sold it must return to the board; Commissioner Kelly seconded. The motion passed.
Separately, the board considered rezoning Parcels 081‑009E, 081‑009F and 081‑009D. Planning staff said the application would split the parcels into a mix of A‑1 (agriculture), R‑1 (residential) and C‑G (commercial) zoning. The planning commission had held a public hearing in which Frank Wimberly spoke in opposition, asserting an ownership interest and arguing he was limited at the planning commission public hearing by a three‑minute time limit. Wimberly said title to parts of the tract is disputed and that he and others are pursuing court action to clear title; he urged the board to delay rezoning until litigation ends.
County staff and the county attorney advised the board that zoning decisions do not resolve title disputes: zoning authority evaluates land‑use factors (compatibility with surrounding use, infrastructure, conformity with the comprehensive plan) and does not determine ownership. Commissioners said rezoning can be changed later if a court determines a different owner holds title. The board approved the rezoning motion moved by Commissioner Bridal and seconded by Commissioner Kelly.
The approvals were procedural zoning decisions; no building permits or immediate changes of use were authorized at the meeting. Commissioners said any future use that requires permits or a change of use would return to planning commission and the board as required by local ordinances.