9-home rezoning on Ebenezer Road gets Fayette OK


A request to rezone 21.8 acres on Ebenezer Road south of Ga. Highway 54 for a nine-home subdivision was approved on April 25 by the Fayette County Commission.

Currently zone A-R (agricultural-residential), staff said the R-70 (one unit/1-2 acres) zoning conforms with the current Fayette County Comprehensive Plan.

Commissioner Steve Brown said that while the project conforms to the current comprehensive plan, he said it does not conform to the county’s new land use plan which calls for one lot for three acres for R-70 zoning.

Brown suggested the item be tabled and developers bring the plan back in June after the state has reviewed and commented on the new comprehensive plan, which includes the future land use map. The new comprehensive plan is being forwarded to the Ga. Department of Community Affairs for approval.

Speaking on the subdivision proposal, Commissioner Chuck Oddo said “the plan is good.” He said the subdivision proposal has been in the works, is low-density and he saw no reason to deny it.

Commissioner Charles Rousseau said he agreed with Oddo, noting that the proposal came to commissioners last year and exists as a low-density subdivision.

County attorney Dennis Davenport weighed in, reminding the board that the proposal was made when the current comprehensive plan and land use map were in place.

“(The applicant) put his money into the rezoning when the ordinance read a particular way,” Davenport said of the vested rights of the property owner. “Some would argue that you’re bound by how your ordinances were at the time he made application.”

The motion to table failed on a 1-3 vote, with Oddo, Rousseau and Commissioner Randy Ognio opposed.

The new motion was to approve the rezoning. It passed 3-1 with Rousseau, Ognio and Oddo in favor and Brown opposed. Chairman Eric Maxwell took no part in the discussion or the vote.

Both planning staff and the Fayette County Planning Commission recommended approval with the condition that a right-of-way 50 feet from the centerline of Ebenezer Road be provided.

County staff said a nine-lot subdivision would generate 86 vehicle trips per day.