Fayette County commissioners deny two rezoning requests, adopt impact-fee project update and approve $625,822 SR 279 design task order

The Fayette County Board of Commissioners on Feb. 22 denied two proposed commercial rezonings, approved a conditional parcel consolidation rezoning, chose to update the fire-services project list in its Impact Fee Ordinance and authorized design work for a State Route 279 roadway project.

The Board voted 4-1 to deny Petition No. 1339-24, a request from Thomas Crossroads, LLC (agent Richard Lindsey) to rezone 5.102 acres from R-70 to C-H (Highway Commercial) to relocate a septic drain field and allow a small retail center; Commissioner Eric K. Maxwell voted in opposition. Planning staff had recommended denial based on the county's Future Land Use Map while the Planning Commission recommended conditional approval. Lindsey told the Board the parcel had served commercial uses for decades and said leaving it residential would be "a total taking of the value of the property." Opponents raised concerns about traffic, noise and impacts to the nearby neighborhood.

The Board also denied Petition No. 1340-24, an application by Tommy O. Davis (agent Darrell Baker) to rezone 4.03 acres from A-R to C-C (Community Commercial) for a convenience store with fuel sales; that motion passed 5-0. Planning staff and the Planning Commission recommended denial, citing the Future Land Use Map designation of Rural Residential-2 (one unit per two acres). Several residents spoke in opposition citing traffic, lighting and safety worries.

By a 5-0 vote the Board approved Petition No. 1341-24 (Veterans Parkway and Lees Mill North, LLC; agent Jeff Collins) to rezone 10.95 acres from A-R to R-70 so the tract could be combined with adjacent single-family lots; the approval included the condition that the parcels be combined within six months of rezoning or prior to additional building permits.

On policy, the Board considered four options to update the Impact Fee Ordinance and Capital Improvements Element. Planning and Zoning Director Deborah Bell outlined options ranging from keeping the current project list and fees to adding service categories and amending the fee schedule. County Administrator Steve Rapson said staff had prepared the analysis and asked for direction on whether to update project lists and/or fees. Vice Chairman Edward Gibbons moved, following amendment, to proceed with Option B — amending the fire-services project list while leaving current fee amounts intact — and the motion passed 4-1 with Commissioner Charles D. Rousseau opposed. Bell noted the consultant's work to bring the ordinance text into compliance with state law would proceed regardless of which option the Board selected.

The Board authorized staff to apply for a Georgia Governor's Office of Highway Safety grant of $288,153.74 to support Accountability/DUI Court services including therapy, drug testing and two staff positions; the motion passed 4-1 with Commissioner Rousseau opposing.

On transportation, the Board approved Task Order 4 for a not-to-exceed amount of $625,822.51 to Practical Design Partners to develop preliminary roadway and right-of-way plans for the SR 279 Realignment Project (GDOT PI 0017813). Transportation Engineer Paola Kimball described the scope as intersection improvements at State Route 279 and Highway 85 and at Highway 85 and Corinth Road, correcting geometric deficiencies and adding sidewalks and a dual left lane; the motion passed 5-0.

Other business: the Board approved Resolution 2024-03 transmitting the FY2023 Fire Services Impact Fee annual report and related Comprehensive Plan amendments to the Atlanta Regional Commission and Georgia Department of Community Affairs (5-0); approved mid-year FY2024 budget adjustments and several consent-agenda items; and tabled Petition No. 1338-24 to the March 28, 2024 meeting.

Quotes in the meeting reflected the divide between property-rights and neighborhood-protection arguments. Richard Lindsey, agent for Petition 1339-24, said the parcel had long been used commercially and called denial "a total taking of the value of the property." Vice Chairman Edward Gibbons said he viewed the rezoning request as likely to be used for commercial development and pressed for consistency with the county's land-use plans. County Administrator Steve Rapson clarified that the county receives only the $30 permit fee for the Rick Ross car-and-bike event and that off-duty officers paid by the event handle day-of security and traffic-control duties.

The Board recessed into executive session to discuss threatened litigation and to review executive-session minutes, then returned to official session to approve the executive-session affidavit and related minutes before adjourning at 7:49 p.m.

Votes at a glance - Acceptance of agenda: passed 5-0. - Petition No. 1338-24 (rezone A-R to R-72): tabled to March 28, 2024 (motion passed 5-0). - Petition No. 1339-24 (rezone R-70 to C-H): denied 4-1 (Maxwell opposed). - Petition No. 1340-24 (rezone A-R to C-C): denied 5-0. - Petition No. 1341-24 (rezone A-R to R-70 to combine parcels): approved 5-0 (condition: combine parcels within six months). - Resolution 2024-03 (transmit FY2023 Fire Services Impact Fee report and CIE amendments): approved 5-0. - Impact Fee Option B (amend fire project list, keep current fees): approved 4-1 (Rousseau opposed). - Georgia Governor's Office of Highway Safety grant application ($288,153.74): approved 4-1 (Rousseau opposed). - Task Order 4, SR 279 design (PDP, NTE $625,822.51): approved 5-0.

What's next: Petition No. 1338-24 will return to the March 28 meeting; staff will proceed with the consultant work to update the Impact Fee Ordinance text and move the FY2023 report to ARC/DCA for review.