Planning commission recommends approval of rezoning for Tibbets property with reduced stipulations

Applicant Russell W. Tibbets requested rezoning of approximately 28.05 acres along Highway 101 South south of Buck Canyon Highway (State Route 120) from R-2 suburban residential to R-1/A-1 to allow a rural residential subdivision. The Paulding County Planning Commission voted 5-0-1 to forward the rezoning to the Board of Commissioners with a recommendation of approval subject to stipulations 1 and 2 and with stipulations 3 and 4 removed.

Why it matters: The rezoning would enable development of a low-density subdivision on land in Commission Post 2; the applicant said soil results reduced the expected lot count well below the original 21-lot concept, changing infrastructure and access expectations that informed staff recommendations.

At the hearing, Mr. Tibbets told the commission the original concept was a 21-lot subdivision but that "the soil work didn't come back great, and we're probably looking at more of 11, 12, or 13 lots max." He said proposed lots would be at least about one acre and that homes he builds typically are ranch-style, priced in the $450,000–$500,000 range. Tibbets said he intends to provide a mail kiosk "subject to U.S. Postal Service approval" and that final kiosk or mailbox configuration would depend on the postmaster's requirements.

Staff and commissioners discussed how the reduced lot count changes which stipulations apply. A staff speaker explained that the initial 21-lot layout showed a public street; the revised smaller layout proposes a private easement subdivision. As a result, items in staff recommendations tied to public streets (stipulations 3 and 4) were argued to be unnecessary for a private-easement design. The applicant confirmed he had completed a Level 2 soils report and agreed to have a Level 3 soils analysis performed after zoning approval if required: "As soon as the zoning is approved, I will get my soil scientist back out there, and he'll perform a level 3. And so it could change the layout some."

Formal action: Commissioner Steele moved to approve with stipulations 1 and 2 and to strike 3 and 4; Commissioner Leggett seconded. The motion passed 5-0-1. The chair told the applicant the rezoning will be considered by the Paulding County Board of Commissioners on June 10 at 2 p.m. and that the applicant must be present.

Discussion vs. decision: The record shows commissioners raised questions about whether stipulations tied to public streets remain necessary if the subdivision is built as private access drives; that concern was explicitly discussed and formed the basis for striking stipulations 3 and 4. The motion and vote are formal actions forwarded to the Board of Commissioners; no final county rezoning decision was made by this body.

Next steps and requirements: The applicant must appear at the Board of Commissioners hearing on June 10 at 2 p.m. Final lot count and street configuration will be subject to post-zoning soils analysis and plan review. If the project later evolves back to a public-street layout, staff indicated the previously struck stipulations could apply during plan review.

Ending: The commission record notes staff received no public opposition calls prior to the meeting. The Board of Commissioners will make the ultimate zoning decision at the June hearing.