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Fayette County Board denies commercial rezoning on Hwy 85, approves single-family rezoning on Hilo Road

Fayette County Board of Commissioners · March 1, 2026
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Summary

The Board denied Petition 1336-23 (A-R to C-H, GA Hwy 85 South) citing inconsistency with the Future Land Use Map, and approved Petition 1337-23 (A-R to R-20, Hilo Road) with conditions including right-of-way dedication.

Two rezoning petitions drew separate outcomes at the Jan. 25 meeting. Petition No. 1336-23 (owners: Andres Felipe Gallo et al.) sought to rezone 1.3 acres from A-R to C-H for commercial development on GA Hwy 85 South. Planning staff recommended denial because the request did not align with the County’s Future Land Use Map; the Planning Commission had recommended conditional approval. The applicant did not appear to pursue tabling the item. Commissioner Eric Maxwell moved to deny the petition; Commissioner Charles Rousseau seconded. The motion passed 4-0. County Attorney Dennis A. Davenport confirmed that a denied applicant must wait six months before reapplying.

Petition No. 1337-23 (owner: Javier Torres Fernandez; agent: Nathan Dockery) requested rezoning of 2.40 acres from A-R to R-20 to build a single-family residence on Hilo Road. Staff and the Planning Commission recommended conditional approval; conditions included dedicating right-of-way to provide a 50-foot right-of-way measured from the existing centerline and submitting the right-of-way donation within 60 days of approval. Agent Nathan Dockery stated he had no objections to the conditions. Commissioner Charles Oddo moved to approve with the conditions; Vice Chairman Edward Gibbons seconded. Motion passed 4-0.

Why it matters: The contrasting outcomes illustrate the Board's adherence to the Future Land Use Map for commercial density while allowing infill residential development conditioned on right-of-way dedications to support future road improvements.