The developer of a 28-acre residential subdivision in Bogart is appealing a decision by Oconee County Utility Department Director Wayne Haynie to deny it sewage treatment capacity for its project.
T. Wesley Robinson, a Gainesville attorney, on Tuesday sent a letter to Haynie, copied to County Attorney Daniell Haygood, appealing Haynie’s denial of residential sewer and asking that the issue be put on the agenda for consideration by the Oconee County Board of Commissioners in January.
Robinson told Haynie that Lovett-Keller Ventures LLC, the developer of the subdivision in Bogart, has purchased sewer capacity already sold by the county to another party so will not need new capacity for the project.
The City Council of Bogart on Monday evening approved the rezone request by Lovett-Keller Ventures for the subdivision after holding a public hearing at City Hall.
Lovett And Keller
Stephen Lovett and Chad Keller appeared before the Bogart Council Monday to answer questions about their request to downzone the 28 acres between Atlanta Highway and E. Thompson Street on the east side of Bogart, near the Oconee County line.
|David Camp, 11/14/2016|
The acreage previously had been zoned for a commercial subdivision.
Lovett told the Council that the issue of sewer capacity had not been resolved and that he was waiting for a transfer of previously sold capacity to be approved by the county.
Lovett said he believed that the county would approve the transfer once sewage flow now being pumped to the Land Application Site on Rocky Branch Road was transferred to the Calls Creek wastewater treatment plant on the north side of Watkinsville.
Lovett did not identify the seller of the sewer capacity.
Nov. 3 Letter
I obtained the Dec. 6 letter from Robinson to Haynie today through an open records request as well as a Nov. 3 letter from Robinson to Haynie.
In that Nov. 3 letter, Robinson said Lovett-Keller was obtaining the sewer capacity from property owned by REO Funding Solutions III LLC.
According to county tax records, REO Funding Solultions III owns Westland, the dormant 443-acre master plan development on the south side of U.S. 78 between Hog Mountain Road and the Apalachee River.
The Board of Commissioners rezoned the property in 2003 for 430 residential lots as well acreage for commercial development and a condominium office park.
The county agreed to provide water and sewer service.
Sewer Capacity Tranfer
Attorney Robinson provided Haynie with an agreement that Lovett-Keller Ventures has reached with REO Funding Solutions III to transfer 7,280 gallons per day of sewer capacity for the Bogart subdivision project.
The county is being asked to agree to purchase that capacity back from REO Funding Solutions for $87,360.
According to the agreement submitted by Lovett-Keller, the county would then agree to sell that capacity to Lovett-Keller for $69,160.
Haynie had denied sewer capacity to Lovett-Keller on the grounds that the county did not have residential sewer capacity to sell.
According to the document, the 7,280 gallons per day of transferred capacity would be sufficient for 35 single family homes.
Lovett, of Gainesville, told the Bogart City Council on Monday night that the project would “be profitable at 20 lots” without sewer but that he and Keller want to have sewer so as to be able to increase the number of lots in the subdivision.
David Camp, who represents Bogart on the Oconee County Planning Commission, was among a handful of citizens who attended the public hearing on Monday night.
The Planning Commission voted in favor of the rezone at its meeting on Nov. 14.
Camp spoke in favor of the rezone at the Council meeting Monday.