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Commissioners approve rezoning amid dispute over curb cut and neighboring access
Summary
The board approved a rezoning from M1 to C2 for a parcel near the Grovetown exit after developer representatives sought an additional condition to require a curb cut for access. Neighbors and an engineering consultant said prior condemnation and state law limit compelled access; the board approved rezoning without adding the curb‑cut condition.
The Columbia County Board of Commissioners approved a rezoning from M1 to C2 for a portion of tax map 061 parcel 030L on April 21 after a contested exchange over access to an adjacent property.
Kurt Worthington, speaking on behalf of applicant Brad Samback, requested the commission add a condition to require a curb cut along the southern boundary to provide vehicular access to a long‑vacant parcel. Worthington said the additional access would allow development of the roughly 2‑acre lot near the I‑20 Grovetown exit and improve emergency access.
Robert Titus, of EMC Engineering, representing the neighboring property owner, opposed the requested condition. Titus said the adjacent owner had been compensated previously in a condemnation action and argued that imposing a curb cut condition would amount to "double dipping." Titus cited state precedent and specifically referenced OCGA 44‑9‑40, saying "a way of necessity cannot be granted if the owner voluntarily sold or closed their own access."
Titus also raised safety and equity concerns, telling commissioners that forcing inter‑parcel connectivity "is not practical nor equitable" when a prior settlement removed the access. County staff and other speakers noted there would be additional legal and practical steps required to restore direct access even if the board added a condition.
After the exchange, a commissioner moved to approve the rezoning as presented; the motion carried by voice vote. The motion passed without the extra condition requiring a curb cut.
What happens next: The rezoning was approved subject to conditions in the March 19 Planning Commission report; any changes to roadway access would require separate legal or property agreements outside the rezoning decision.
