Commissioners deny future-land-use change and rezoning for Mount Zion multifamily proposal

The Clayton County Board of Commissioners on Jan. 29 denied both a future land-use map amendment and a companion rezoning request for 6857 Mount Zion Boulevard in Morrow, rejecting a developer's plan to build an apartment complex on a roughly 25-acre parcel.

The developer's attorney, Michelle Battle of Battle Law PC, told the board the parcel presents "topography, floodplain and boulders" that make commercial redevelopment cost-prohibitive and argued "there is no reasonable use for the property as currently zoned." Battle said the owner, identified in submissions as Morrow Land Investments, has pursued commercial buyers for nearly a decade without success and that a multifamily project using low-income housing tax credits would allow needed site work to proceed.

The board majority sided with staff and the Zone Advisory Group, which recommended denial. Commissioners and multiple public speakers raised concerns about traffic capacity along Mount Zion Boulevard, impacts on local schools, and the cumulative number of apartments and townhomes already approved elsewhere in the county.

Developer presentation and rationale

Michelle Battle said the owner has marketed the site to retail, industrial and other users, but that wetland, floodplain and steep topography render many commercial options unfeasible. She described a revised proposal that reduced the unit count from an earlier 294 units to 192 units, at roughly 7.7 units per acre, and said the project would rely on low-income housing tax credits and related financing to absorb heavy upfront site costs, which she said could total about $10 million in earthwork alone.

Battle said the project team considered senior housing but switched to family housing at the request of county staff. "Several apartment developers are interested, provided they are given the opportunity to build a project where they can make money," she said. She also noted Department of Community Affairs (DCA) scoring rules favoring the parcel for a tax-credit application.

Public opposition and board concerns

Residents speaking in opposition cited an already high number of approved multifamily and townhouse projects, existing traffic delays on Mount Zion Boulevard, limited school capacity and the suitability of the parcel for commercial investment. Mickey Garber, a resident of Rex, said the county has many approved projects yet to be built and warned of increased congestion and pressure on schools. David Hamrick, speaking as a resident, cited a prior county resolution and historical concerns about concentrations of multi-family housing.

Other opponents argued that the county needs high-quality commercial development to broaden the tax base. Commissioner Elena Reeves, who moved to deny the land-use amendment and later moved to deny the rezoning, said the parcel's location and surrounding commercial corridor make the requested change inappropriate for this site.

Support for affordable housing concept, and developer response

Speakers in favor, including a representative of Kittel Properties and Brenda Haddad (Kittel Property Group), said affordable, well-managed multifamily housing is needed and explained that the project sought to target workforce-level rents (not project-based Section 8). Haddad said the site's constraints make many commercial uses uneconomic and that rooftops (more residents) would help attract better commercial tenants in the corridor.

Board action and procedure

Commissioner Elena Reeves moved to deny the future land-use map amendment (BOC24-08-0443); the motion was seconded and passed. Reeves later moved to deny the companion rezoning application (BOC25-24-08-0444); that motion was seconded and passed. The board recorded the denials after public hearing and applicant comment.

Why it mattered

The case raised recurring issues for Clayton County: how to balance affordable housing goals and state funding incentives with local traffic, school capacity and the county's desire to recruit higher-value commercial development. Staff and the zone group recommended denial based on comprehensive-plan compatibility and welfare/amenity concerns; the board concurred.

Next steps

Because both the land-use and rezoning requests were denied, the applicant may revise plans, continue to pursue alternative sites, or pursue other administrative or legislative remedies available under local and state law. The board did not set new hearings on this property at the Jan. 29 meeting.