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Board approves changes to Newberry 55+ subdivision zoning to allow smaller homes, sparks debate over townhomes and safety
Summary
The board approved a modification to Newberry subdivision zoning conditions to allow smaller, lower-priced single-family homes and some one-car garage townhomes in phases 3–4; the measure passed 4-2 after public comment and questions from commissioners and emergency services officials.
The Henry County Board of Commissioners voted 4-2 to approve a modification to zoning conditions for the Newberry subdivision — a 55-and-older community north of Mount Carmel Road — allowing smaller, more affordable single-family homes and a mix of townhome sizes, with new conditions intended to preserve buffers adjacent to existing neighborhoods.
John Jordan, attorney for applicant NVR Inc. (doing business as Ryan Homes), told the board the modification would help make units attainable for seniors and avoid the project stalling. Developer representatives said the subdivision is planned for 349 homes (217 detached single-family and 132 townhomes), and that only about 80 homes have sold since model openings in February 2024. The applicant requested reductions in minimum house sizes (from earlier 2,500/2,000 square-foot requirements to a mix that includes 1,200–1,400 square-foot models), allowance for some townhomes with one-car garages (with two-car driveway parking), and a new size mix (staff described proposed splits such as 50% smaller single-family homes at 1,200–1,400 sq ft; 25% 1,600–2,000 sq ft; 25% maintain 2,000 sq ft minimum; and townhomes with at least 30% sized at 2,000 sq ft while 70% could be 1,350 sq ft minimum).
Several residents spoke during the public hearing with safety and property-value concerns. Margaret Abra questioned whether townhome designs with stairs were appropriate for a 55-plus community and whether units were being designed to accommodate later mobility needs (wheelchairs, single-level living). Kimberly Fant, who said she lives in Newberry, expressed worry about effects on existing property values.
Fire Marshal Chief Black told the board the fire department has no new objections beyond those addressed during the original approval, and that the department requires additional safety measures in later phases — for example a condition requiring a five-pound fire extinguisher and a second-floor escape ladder for townhomes with sleeping rooms above grade. Chief Black noted moving patients from upper floors can be manpower-intensive and that the department maintains stair chairs and training to assist with such calls.
Developers said all single-family detached homes proposed for the modified phases will include a first-floor owner's bedroom; many planned single-family products will be single-level "ranch" homes. Developer representatives and Commissioner Kevin J. Lewis argued the change would improve affordability for local seniors and help avoid a stalled subdivision that could depress surrounding values.
Opponents and some commissioners raised concerns about one-car townhome garages and whether upstairs bedrooms would increase EMS and firefighter burdens. Commissioner concerns focused on preserving neighborhood character along buffered edges; staff and the developer said those buffer-adjacent lots will retain larger minimum sizes (2,000 square feet) to preserve compatibility.
The motion to approve the modification passed 4-2, with Chair Carlotta Harrell and Commissioner Johnny Wilson recorded as opposing.
Staff recommended approval with updated conditions; the change applies to future phases (phase 3 and phase 4) only and retains larger minimums on lots adjacent to the existing Legends at Rowanshire and Hawthorne Ridge subdivisions.
