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Commissioners approve rezoning and conditional-use permit for convenience store and fuel pumps at 13 S. Highway 212

2701427 · March 19, 2025
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Summary

The Newton County Board of Commissioners on March 18 approved rezoning and a companion conditional‑use permit to allow a convenience store with fuel pumps at 13 South Highway 212, subject to staff conditions and a board requirement that any future rear‑lot structures return to the board for approval.

The Newton County Board of Commissioners on March 18 approved rezoning and a companion conditional‑use permit to allow a convenience store with fuel pumps at 13 South Highway 212 in Commission District 1.

Staff described the proposal as a request to rezone a 5.12‑acre parcel from dual general commercial and agricultural‑residential zoning to highway commercial to allow a retail convenience store with fuel pumps and three smaller retail spaces. Planning staff said the parcel lies near the intersection of state Highways 212 and 36 and in the Alcovy River watershed; Georgia Department of Transportation (GDOT) provided preliminary comments recommending elimination of the existing residential driveway, a 24‑foot driveway width for the commercial access and mountable aprons to support turning movements as part of future roadway improvements.

The rezoning and conditional‑use permit (CUP 2400009) were both presented by Planning staff, who recommended approval with enumerated conditions. Those conditions include that final plans meet county permitting requirements, obtain any necessary business licenses and external agency permits, locate retail activities inside the building except for a single ice machine, prohibit outside storage, set hours of operation from 5 a.m. to midnight, ban specified uses (tattoo parlors, vape shops and massage parlors), and require appropriate architectural finishes. For the CUP, staff added requirements that all land‑disturbance and stormwater plans be approved by Newton County and external agencies and that the county landscape architect approve stormwater and landscape plans and resolve runoff concerns.

Representatives for the applicant said the project would include a 4,500‑square‑foot convenience store, three adjacent retail spaces of about 1,600 square feet each, 56 parking spaces and five fuel pumps. The applicant said their civil engineer had met with GDOT and that the roundabout plans near the site were not finalized, and that the neighboring car lot owner agreed to remove overflow vehicles from the subject property when development begins. An opponent at the hearing asked whether the undeveloped rear portion of the lot could later be built upon; the board added an explicit condition that any additional structures on the rear portion must return to the Board of Commissioners for approval.

Commissioner Everest moved to approve rezoning REZ2400007 to highway commercial with staff conditions and the additional condition that any additional structures in the rear portion must come back before the board; the motion was seconded and carried. Commissioner Everest then moved to approve conditional‑use permit CUP2400009 with the staff’s recommendations; the motion was seconded and carried unanimously.

Why it matters: The approvals allow a new commercial development with fuel sales on a parcel that previously included residences and has access implications for two state highways. GDOT’s forthcoming intersection work (a roundabout) and the county’s watershed requirements shaped the conditions attached to the approvals.

Details and conditions noted by the board and staff: the parcel is 5.12 acres (Tax ID 00728036); two houses on the site will be demolished; GDOT preliminarily directed removal of the residential driveway and recommended a 24‑foot driveway and mountable aprons for the commercial access; hours of operation will be 5 a.m.–12 a.m.; no outside storage is permitted except a single ice machine; the CUP is required because the site lies in the Alcovy River watershed and the use includes fuel storage; any future additional structures on the rear portion of the lot must return to the Board of Commissioners for approval.

The board’s vote: both the rezoning and the conditional‑use permit passed unanimously.