Newton County commissioners voted 3-2 on Jan. 7, 2025, to overrule a planning commission denial and grant a 12‑month extension for the Covington Creek Springs preliminary plat on Fairview Road, allowing the developer additional time to finish rock removal and complete required infrastructure work.
The board’s action reverses a Nov. 13, 2024, planning commission decision that denied the extension. Commissioner Lindsey moved to overrule the planning commission; Commissioner Mason seconded. The motion carried, with the board adopting staff-recommended conditions tied to the preliminary‑to‑final plat review.
Why it matters: The parcel, about 29.05 acres at 3480 Fairview Road, is proposed for a 71‑lot single‑family subdivision (2.59 units per acre). Residents said construction blasting damaged nearby foundations and argued the developer initially promised owner‑occupied homes that later became rentals. The developer’s representatives said the project is roughly 80% complete and the extension is needed to finish final grading, remove crushed rock piles and install water lines, curb and gutter.
Developer and legal argument: Thomas Mitchell, representing Covington Creek Holdings, told the board the company “has already spent $3,000,000 in reliance on the LDP and the preliminary plat” and that, as a matter of law, the owner is entitled to complete work consistent with approved permits. Attorney John Nicks was present as local counsel for the applicant.
Resident concerns: Multiple residents and community advocates opposed the extension at the public hearing. Sabrina Moore, who said she lives directly behind the site, told the board, “I have already suffered damage to my foundation,” citing blasting. Tim Gwynne, who lives at 3510 Fairview Road, said heavy equipment and blasting had damaged homes and questioned the developer’s planning and payment practices. Helena Sanders, government affairs director for She Leads Initiative, noted the project initially was presented as owner‑occupied housing and later included rental units, which she and others oppose.
Staff review and conditions: Planning staff told the board the property’s zoning (R‑2, Almond overlay, Tier 1 with a portion in Tier 2) and the preliminary plat otherwise met ordinance standards at the time of approval and that departments had reviewed the submitted materials under sections 460 and 1415‑030 of the Newton County Unified Development Ordinance. Staff recommended a 12‑month extension subject to completing ground stabilization, addressing outstanding land‑disturbance revisions, and satisfying comments from Newton County Transportation, the Water Authority, Environmental Health, Newton County Fire Department, Georgia Soil and Water Conservation, and the U.S. Army Corps of Engineers as applicable before final plat.
Earlier, the board also handled related items at the applicant’s request: two companion cases — REZ24‑00007 (rezoning) and CUP24‑00009 (conditional use permit for a convenience store/retail on Highway 212) — were each tabled for 60 days to allow the applicant to obtain a GDOT preliminary review of access points; both tabling motions passed unanimously earlier in the hearing.
What the board decided next: By granting the 12‑month extension the board allowed the developer more time to finish the final plat work under the conditions specified by staff. The extension carries no change to the zoning recorded in the preliminary plat approval; it extends the time the applicant has to complete required construction and submit a final plat for county review.
Votes and motions tied to this item:
- Motion to table REZ24‑00007 for 60 days at applicant request — mover: Commissioner Edwards; second: Commissioner Long; outcome: tabled, 5‑0.
- Motion to table CUP24‑00009 for 60 days at applicant request — mover: Commissioner Edwards; second: Commissioner Mason; outcome: tabled, 5‑0.
- Motion to overrule the planning commission and approve a 12‑month extension of the Covington Creek Springs preliminary plat (staff recommendations included) — mover: Commissioner Lindsey; second: Commissioner Mason; outcome: approved, 3‑2.
Next steps: The applicant must satisfy the conditions noted in staff’s recommendation and submit the final plat within the extension period. If conditions are not met, the county’s permitting and platting processes will follow the UDO requirements for final plat review.