Fayette zoning decision seeks to avoid contempt ruling

In an attempt to work around a judge’s order regarding the rezoning of 213 acres in the midst of its rural center, Fayette County’s Board of Commissioners voted 4-1 on Aug. 23 to try to reach a compromise.

Property owners along Ebenezer Church Road and Davis Road have repeatedly voiced strong opposition to the rezoning of the tract that TSTT Investments owns and wants to develop into 91 single-family homes. Residents at the meeting said they were concerned about increased traffic, stormwater and flooding issues and losing the rural character of the area. However, the county faced a contempt of court violation if it failed to abide by Superior Court and Supreme Court rulings requiring it to rezone the property for smaller, “economically viable” lots.

The commission voted to rezone the property to R-78, which requires a minimum lot size of two acres. The developer could seek further legal action if the change is not acceptable.