Newton County commissioners overrule planning panel, grant 12-month extension for Covington Creek preliminary plat

The Newton County Board of Commissioners on Jan. 7 voted 3-2 to overturn a November denial by the county planning commission and grant a 12-month extension for the preliminary plat for Covington Creek Springs, a proposed 71-lot, 29.05-acre single-family subdivision on Fairview Road in District 3.

The extension will be subject to conditions: the preliminary plat is extended for 12 months for ground stabilization and infrastructure completion; a final plat for a phase or the entire subdivision must be approved within 12 months of the extension; and all outstanding comments from Development Services, Transportation, the Water Authority, Environmental Health, the Fire Department, Georgia Soil and Water Conservation, and U.S. Army Corps of Engineers (as applicable) must be addressed before a final plat is accepted.

The applicant is listed as Covington Creek Holdings LLC. Thomas Mitchell, attorney for the applicant, told commissioners the site has been substantially developed and that the company has invested heavily. "The development is almost 80% complete," Mitchell said, adding that the applicant "have already spent $3,000,000 in reliance on the LDP and the preliminary plat." Planning staff reported that the original preliminary plat was approved in September 2022 and that the accompanying land-disturbance permit (LDP) was issued in February 2023. Staff said the developer encountered significant rock during construction and that rock removal and related redesigns began in mid-2023.

Opponents, including residents who live near the site, urged denial. Maya Allen Neely, who identified herself as a District 3 resident, said "there are residents that live directly behind this development that has complained about the foundations of their homes being destroyed." Several other nearby homeowners and neighbors reported alleged foundation damage from blasting and expressed concern that, although the project was presented initially as owner-occupied housing, units across the road later became rentals.

Commissioner Lindsey moved to overrule the planning commission and approve the extension; Commissioner Mason seconded the motion. "I am going to motion to overrule the planning and zoning commission's decision to deny the preliminary plat extension because that is in the best interest of Newton County," Commissioner Lindsey said during debate. The motion passed 3-2.

County planning staff told the board that the county's Unified Development Ordinance (UDO) standards at the time of the preliminary-plat approval required issuance when the plat complied with zoning and subdivision requirements; staff recommended approval of the extension. Commissioners asked staff for the project timeline and inspection history; staff said inspections were conducted in 2023 and 2024 and that rock removal and design revisions were documented in amended LDP plans submitted Sept. 12, 2023.

The record before the board included the planning commission’s October 22, 2024, public hearing (where concerns were raised) and the commission’s November 13, 2024, denial. The board’s approval explicitly incorporated staff’s recommended conditions.

The decision allows the developer to complete the work under the rules and approvals that existed when the LDP and preliminary plat were issued. Commissioners and staff discussed the legal and financial risks of denying an extension for a project that staff said complied with the ordinance when issued. The board did not change county ordinances during the vote; several commissioners urged a UDO update to address community concerns about build-to-rent projects and density in future cases.

What happens next: The developer may continue work subject to the extension and the listed conditions. The board did not adopt new controls on whether lots may be offered as rentals; staff noted the county’s UDO does not currently restrict sale versus rental at the preliminary-plat stage.

Residents may pursue code-enforcement remedies if they allege specific violations; the developer and its representatives maintain the work on site has complied with county and environmental requirements and that remaining tasks are the removal of rock piles, fine grading, installation of water services, and final paving and curb-and-gutter work.

Votes at the meeting on this item were recorded as the board’s tally rather than individual roll-call votes.