Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Rezoning topic
No spam. Unsubscribe anytime.
Fayette County commissioners deny rezoning request for 4.86‑acre convenience store on Banks Road
Summary
The Fayette County Board of Commissioners voted 3‑0 on Jan. 23 to deny Petition No. 1353‑24, a request to rezone 4.86 acres from A‑R to C‑C for a convenience store with fuel pumps along Banks Road/SR 54, after residents raised traffic, safety and environmental concerns and staff pointed to the county’s Low‑Density Residential future‑land‑use designation.
Fayette County commissioners voted unanimously Jan. 23 to deny a request to rezone 4.86 acres on Banks Road and SR 54 from Agricultural‑Residential (A‑R) to Community Commercial (C‑C) to permit a convenience store with fuel pumps.
The petition, filed as Petition No. 1353‑24, was recommended for denial by county planning staff and the Planning Commission because the county’s Future Land Use Plan designates the site for Low‑Density Residential (one unit per acre). Planning and Zoning Director Deborah Bell told the board the parcel is a legal nonconforming lot and described recommended conditions that would apply if the board elected to approve the rezoning, including right‑of‑way dedication, deed submittals, a right‑in/right‑out entrance located at least 200 feet from the SR 54 return radius, and extension of sidewalk along Banks Road.
Applicant representative Newton Gallaway presented a concept plan and argued the property ‘‘was no longer A‑R and could not be developed as such,’’ saying the lot’s size and configuration limit residential options. Gallaway also cited OCGA 36‑70‑5, saying the county’s Comprehensive Plan should guide but not absolutely bar rezoning.
Nearby residents and subdivision representatives urged denial. Denise Mercer, the property owner, said her family had deep ties to Fayette County but that the parcel was ‘‘unviable’’ as currently zoned. Arnold Martin, representing neighbors, said the project would ‘‘abut his subdivision which is quiet and tranquil’’ and raised concerns about traffic and safety. Darryl Hicks, speaking for the Oaks of Fayetteville homeowners association, expressed concern about potential fuel contamination and impacts to the local water table; Griffin Root of Wellington Place cited noise and light pollution; Sandra Quiry raised health concerns; and Leroy Browm, an adjacent property owner, cited risks to neighborhood tranquility and public safety.
Commissioner Eric Maxwell framed the decision around the Comprehensive Plan and available lawful uses under current A‑R zoning, and moved to deny the rezoning. Commissioner Charles W. Oddo seconded. Commissioners cited the Future Land Use Plan and prior precedent — a similar rezoning request was denied in 2009 — and the motion carried 3‑0.
The applicant argued that traffic patterns and market realities supported a convenience store at the intersection and said the proposed development would include underground, federally and state‑regulated fuel tanks and dark‑sky lighting. Commissioners responded that, regardless of profitability, the board must weigh land‑use consistency with the Comprehensive Plan when considering rezoning.
The denial is final as of the Jan. 23 vote. The board did not adopt any of the applicant’s proposed conditions, and no alternate zoning was approved for the parcel.
