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Town weighs legal steps as Pulte Homes seeks alternate Queens Grant tie-in

Town of Bethania Board of Commissioners · January 13, 2025
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Summary

Bethania commissioners discussed options after City County Planning denied an "Emergency Access only" designation for Queens Grant Road tied to a Pulte Homes development. Officials may request an injunction and will meet with the town attorney; resident concerns center on private-road maintenance obligations.

Mayor Brent S. Rockett told the Board that City County Planning denied an "Emergency Access only" designation for Queens Grant Road related to a Pulte Homes proposal, and that Ken Binkley of Pulte Homes is pursuing alternate road tie-in designs with traffic features to limit speed. The planning agency's decision leaves three options on the table: alter the tie-in, install traffic-calming features, or turn Queens Grant and Bear Creek over to homeowners as a private road.

Commissioners discussed the practical and legal implications of a private-road outcome. Commissioner Tom Beroth said the town could ask Attorney Bryant to file an injunction on the town's behalf to preserve other options. Commissioner Kenneth Wolff raised concerns that Bethania Woods residents may be reluctant to accept responsibility for maintaining a private road; the meeting record states a Road Maintenance Agreement would require 100% resident approval. Mayor Pro Tem Michelle Leonard explained briefly how Powell funding interacts with the town's Powell system roads and noted funding rules that could affect decisions.

Mayor Rockett and Mayor Pro Tem Leonard will meet with Attorney Bryant next week to develop strategy and assess legal options. No formal motion or vote on legal action was recorded during the meeting.

The issue matters for residents because converting a public road to private status would shift maintenance obligations to homeowners and could affect eligibility for Powell funds, while alternative tie-in designs aim to address traffic-safety concerns without changing ownership.

Next steps: Mayor Rockett will meet with the town attorney and provide follow-up to the Board; residents asked for updates following that meeting.