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Commissioners deadlock 2-2 on objecting to Fayetteville's proposed 242-acre annexation; no formal objection filed
Summary
Fayette County commissioners split 2-2 on whether to object to the City of Fayetteville’s annexation of about 242 acres; by statute the county’s window to object is 30 days and, per county attorney, no objection was formally lodged after the tie.
Fayette County commissioners voted Jan. 22 on whether to object to a City of Fayetteville Step 2 annexation request for three parcels totaling roughly 242 acres along SR 85 N and Highway 314. Planning Director Debbie Bell told the board staff found no basis to object under state law and that the city's proposed Light-Industrial (L-I) zoning was generally consistent with the county’s CH zoning.
Commissioner Charles Oddo moved to not object; Commissioner Eric K. Maxwell seconded. The motion failed on a 2-2 vote. Commissioner Oddo and Vice Chairman Edward Gibbons voted in favor of not objecting; Commissioner Maxwell and Commissioner Charles D. Rousseau voted in opposition. Chairman Lee Hearn was absent. County Attorney Dennis A. Davenport clarified that because the Board did not adopt an objection the annexation will proceed under the City's process and the statutory 30-day objection window was noted in the staff report (OCGA 36-36-113).
Several commissioners and staff raised concerns during the discussion. Debbie Bell said county staff had no formal objections but noted the Fire Department expressed concerns about potential loss of revenue and Environmental Health supported annexation because public sewer could resolve septic issues around the Fun Spot development. Commissioner Maxwell asked whether the City intended to use the land for a data center; Bell said the City's application described a business park and that a data center would be a permitted use under L-I zoning. Commissioner Oddo urged the City to perform traffic-impact studies for the corridor.
County Administrator Steve Rapson noted there was limited material basis to lodge an objection given the zoning consistency but expressed hope for better advance notice from municipalities on annexation requests. Mr. Davenport’s legal clarification to the board also noted the county’s statutory objection procedure and the 30-day timeline.
Because the board did not register a formal objection, the City of Fayetteville will proceed with its scheduled public hearings and subsequent decision process.
