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Board denies rezoning and associated variance for Pates Creek phase 3 after resident opposition

July 12, 2025 | Henry County, Georgia


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Board denies rezoning and associated variance for Pates Creek phase 3 after resident opposition
The Henry County Zoning Advisory Board on July 10 recommended denial of a rezoning request (RZ2409) to add a 217‑lot phase 3 to the Gates at Pate's Creek subdivision and later denied the associated variance request (VR2403) to match lot widths and setbacks with the existing phases.

Staff presented the application as a continuation of the Gates at Pate's Creek development (phases 1 and 2), which was rezoned and permitted in 2019 and has 332 lots already approved. The applicant said phase 3 would be constructed to match the existing neighborhood, incorporate amenity areas and preserve wetland buffers; staff recommended approval with conditions and a staged permit release tied to SPLOST and other improvements.

During nearly two hours of public comment, numerous residents who live near Pate's Creek urged denial, citing existing flooding and drainage problems, traffic and safety on local roads (Pate's Creek, McCullough and Jonesboro Road), and school-capacity constraints. Residents described sinkholes, clogged storm drains and recent emergency-response delays tied to congestion. Several speakers asked that the county delay further rezonings until stormwater and road infrastructure upgrades are complete.

The applicant said phase 3 would use the same lot sizes and architectural character as the current Gates community and emphasized that the development would be subject to a notice-of-decision enumerating road improvements required through the DRI (development of regional impact) review. Despite staff conditions and a phased permit schedule the board voted to deny the rezoning; an initial motion on the associated variance failed for lack of motion, and a subsequent vote to deny the variance passed later in the meeting.

The board's denial will be forwarded as its recommendation to the Board of Commissioners. Staff noted that several conditions had been proposed, including limits on permit releases prior to 2028 and requirements to coordinate with SPLOST-funded road improvements and the county's fire and plan-review standards.

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