Henry County advisory board recommends denying code change and rezoning tied to 1,277‑acre 'Grove' master plan

2700913 · January 9, 2025

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Summary

The Henry County Zoning Advisory Board voted to recommend denial of a Unified Land Development Code amendment (ULDC AM 2403) and, separately, to recommend denial of a rezoning (RZ 24‑27) tied to a proposed 1,277.621‑acre master planned development called The Grove.

The Henry County Zoning Advisory Board voted to recommend denial of a Unified Land Development Code amendment (ULDC AM 2403) and, separately, to recommend denial of a rezoning (RZ 24‑27) tied to a proposed 1,277.621‑acre master planned development called The Grove.

Planning staff presented the ULDC amendment as a countywide change to allow development agreements in places where the current code prohibits them, including land inside resource protection areas. The applicant, identified in materials as Henry County Land Company LLC and represented at the meeting by a vice president of Geosam Capital, said the amendment would allow a 40‑year development agreement for The Grove and enable uses not currently permitted in mixed‑use zoning.

The issue matters because the amendment would change long‑standing limits on development agreements in areas the county and agencies treat as sensitive. The Grove proposal as presented later in the meeting would rezone roughly 1,277.6 acres west of Highway 1941 and Lake Talmadge to a single MU (mixed‑use) district and, in the applicant's materials, include: 3,400 single‑family homes, 3,700 multifamily units, more than 2,000,000 square feet of commercial space, a 180‑room hotel, 150 acres of open space and an extensive trail network. Planning staff noted the rezoning had been designated a development of regional impact by the Atlanta Regional Commission and that water and sewer feasibility studies had been done with both Henry County and Clayton County water authorities.

Planning staff told the board the proposed ULDC changes would alter these code sections: residential land uses and base zoning districts (section 2.03.02), nonresidential land uses (2.03.03.03), accessory uses (2.03.04) and requirements for development agreements (section 12.02.014). Staff also said the amendment aligns with planned updates to the county's ULDC scheduled after a rewrite now under way.

Public comment at the meeting was lengthy and sharply focused on water, stormwater and public‑safety impacts. Several speakers said the county's existing water infrastructure could not support The Grove without major upgrades and that costs and risks could fall to existing ratepayers. Connie Snow of Conserve Henry told the board: "the negative impact on our water system will put safety welfare and health of the citizens for both Henry County and Clayton County at risk." Other speakers, including members of local watershed groups, raised sedimentation, dam safety and downstream flood risks. A representative for the Talmadge family, whose property directly abuts the Grove site, urged cautious development and said the family supported the project, calling it a "great asset to the community."

The applicant repeatedly emphasized private investment and phased build‑out, saying parts of The Grove would be built over decades and that the developer is prepared to fund feasibility studies and many off‑site improvements. The applicant said it had discussed design and buffers with Clayton County Water Authority and included a water‑quality consultant on its team.

After staff and applicant presentations and public comment, a member of the advisory board moved to deny the ULDC amendment; the motion carried. The board then moved to deny the rezoning request RZ 24‑27; that motion also carried.

What the board decided is a recommendation: the Henry County Board of Commissioners makes the final decision on both the ULDC amendment and the rezoning/development agreement. Planning staff repeatedly reminded the advisory board that its role is advisory and that the commission will review any recommendation, the development agreement text and associated documents in subsequent hearings.

The advisory board's votes leave the Grove proposal facing additional hurdles at the county level; if the Board of Commissioners chooses to take up the ULDC amendment or the rezoning again, the issues raised at this meeting ' especially water, stormwater and long term infrastructure funding ' are likely to figure prominently in public testimony and in interagency review.

Details at a glance: the developer requested a 40‑year development agreement tied to the rezoning; staff listed the ULDC sections proposed for amendment; the rezoning was flagged as a DRI by the Atlanta Regional Commission and staff noted the project could generate an estimated 5,000 students at full build‑out.

Board action on both items was a recommendation to deny; the Board of Commissioners will make the final determinations.