Saying that “our hands are tied,” the Fayette County Board of Commissioners on Thursday acquiesced to a court ruling and rezoned 212 acres off Ebenezer Church and Davis Roads for residential development.
The county faced a contempt of court charge if it did not comply with a 2018 decision by Judge Christopher Edwards of the Fayette County Superior Court, who sided with TSTT Investments in a two-year dispute regarding how many homes would be built on the site. The developer plans to put 91 homes on 1-acre lots, but the surrounding area is more rural with most lots larger than 5 acres.
Nearby residents vehemently protested the plan, and the county tried to compromise last year by changing the zoning to R-78, which would have required 2-acre lots and accommodated 41 houses instead. TSTT sued, saying it needs to build 91 homes in order to make the project economically feasible.
Following the 4-0-1 vote (with Eric Maxwell absent), Chairman Randy Ognio said, “We fought the battle as far as we can take it. We have to abide by the order.”
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