Two parcels along Ebenezer and Davis roads requested for rezoning for 2-acre lots are returning to the Fayette County Commission on Feb. 28. The requests failed when proposed in 2016 and 2018.
Two rezoning requests involving a 34-acre parcel and a 5-acre parcel along Ebenezer Road and Davis Road are requested for zoning that would accommodate 17 lots at 2 acres each.
The proposal resulted in a 2-2 vote at the May 10, 2018 commission meeting.
Representing the Godby family in May 2018, Griffin attorney Steven L. Jones noted that the projects had come before the board in 2016 and had been denied on a 2-3 vote, even though several other nearby parcels had received R-70 zoning, both before and after Godby’s 2016 request.
A half-dozen people at the May 2018 meeting spoke against the request, while a show of hands requested by the family indicated 30-40 people in attendance supporting the request.
Jones during his presentation noted that the proposals had been made and denied in 2016, at the same meeting where a much larger tract had also been denied for rezoning. That case — involving a separate landowner — went to Fayette County Superior Court.
An April 11 ruling by Judge Christopher Edwards regarding the 212-acre residential rezoning request noted that the rezoning application is “remanded to the Fayette County Board of Commissioners for a rehearing. The county will reevaluate the application under the Comprehensive Plan in effect in 2016 when the application was denied. The court will retain jurisdiction of this matter until the Board of Commissioners has voted upon the application. At that point, this order shall become final. However, if plaintiff remains convinced that the new decision is also unconstitutional, then it may reappear before the court via application for contempt.”