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Upson County denies 10‑Acres preliminary‑plat appeal for Serenity Lake
Summary
After a hearing that included legal argument and resident testimony about roads, water and community character, commissioners voted unanimously to deny an appeal seeking approval of a preliminary plat for the '10 Acres/Serenity Lake' subdivision, upholding the planning commission's prior decision.
Newton Galloway, attorney for the applicant, told the commission the narrow legal question before them was whether the submitted preliminary plat complied with existing AR zoning requirements. "If you satisfy the preliminary‑plat requirements, you should be approved," Galloway said, arguing the county lacked discretion to deny a compliant plat and citing Code section 78‑164 and Georgia case law.
Residents opposed to the subdivision urged the commission to consider local conditions. Mary Pat Jones, a property owner on Court Drive, said she did not understand why a rezoning denial would be treated differently now and raised concerns about water supply and the feasibility of multiple private wells and septic systems. "They can build on 2‑acre lots, but I just don't understand why tonight would be different," Jones said.
Glenn Meyer, who identified himself as a nearby property owner, pointed to the county's comprehensive plan and said the proposed lot sizes and house prices would not match the existing community fabric. He urged commissioners to consider the plan's guidance that residential development be in areas that extend existing neighborhoods.
After an executive session for legal matters, Commissioner Jones moved to deny the appeal. The motion was seconded and Commissioners Ellington, Jones, Biggs, Watson and the chair voted in favor. The motion carried, and the commission denied the appeal, leaving the planning commission's earlier action intact.
The commission's action means developers may need to pursue additional approvals or modify plans to conform to prior land‑use decisions. The county attorney for the applicant said legal materials and case citations presented tonight will be part of the record should the applicant pursue further remedies.
